Section 16-97-103 - EvidenceEvidence relevant to sentencing by either the court or a jury may include, but is not limited to, the following, provided no evidence shall be construed under this section as overriding the rape shield statute, § 16-42-101:
(1) The law applicable to parole, post-release supervision, meritorious good time, earned release credits, or transfer;(2) Prior convictions of the defendant, both felony and misdemeanor. The jury may be advised as to the nature of the previous convictions, the date and place thereof, the sentence received, and the date of release from confinement or supervision from all prior offenses;(3) Prior judicial determinations of delinquency in a juvenile division of circuit court, subject to the following limitations:(i) That prior delinquency adjudications be subject to a judicial determination that the relevant value of the prior juvenile adjudication outweigh its prejudicial value;(ii) That consideration only be given to juvenile delinquency adjudications for crimes for which the juvenile could have been tried as an adult; and(iii) That in no event shall delinquency adjudications for acts occurring more than ten (10) years prior to the commission of the offense charged be considered;(4) Victim impact evidence or statements;(5) Relevant character evidence;(6) Evidence of aggravating and mitigating circumstances. The criteria for departure from the sentencing standards may serve as examples of this type of evidence;(7) Evidence relevant to guilt presented in the first stage;(8) Evidence held inadmissible in the first stage may be resubmitted for consideration in the second stage if the basis for exclusion did not apply to sentencing; andAmended by Act 2023, No. 659,§ 234, eff. 1/1/2024.Acts 1993, No. 535, § 2; 1993, No. 551, § 2.