Courts would decide prior convictions before juries hear criminal charges

A court would decide whether the defendant is the person named in a required prior adjudication or conviction before the jury considers guilt. This would apply in jury trials when a statute requires proof of a prior adjudication or conviction as part of the offense. The defendant or defense lawyer must move at least 10 days before trial. The defendant must first waive the jury's role in deciding the prior adjudication or conviction. The Commonwealth must prove the person's identity and the required prior offense beyond a reasonable doubt. The prior adjudication or conviction could then be used to set the offense level or possible enhanced punishment, but not during the jury's guilt decision. The procedure would apply before jury selection and during sentencing if the jury later finds the defendant guilty of the remaining elements.

The Commonwealth and court would accept the defendant's agreement that a required prior conviction, adjudication, or status exists. This would apply when a prior record or legal status makes otherwise lawful conduct a crime, including certain weapons, sex-offense, and registration-related charges. The defendant must agree to the stipulation and move at least 10 days before trial. The jury would not hear the prior offense's name, nature, or specific details. The court would tell the jury that the defendant accepted the required prior conviction, adjudication, or status without describing the specific offense or findings. If the defendant does not make a timely motion, the prior matter would go to the jury for decision. A court could allow a late motion for good cause until the jury is impaneled and sworn; if allowed, the Commonwealth could receive a continuance for good cause.