BLAIR LEE III, Acting Governor

7

Article 27 — Crimes and Punishments

Section 616, 645JA, and 645JC

Annotated Code of Maryland

(1976 Replacement Volume and 1977 Supplement)

BY repealing and reenacting, with amendments,

Article — Courts and Judicial Proceedings

Section 12-307

Annotated Code of Maryland

(1974 Volume and 1977 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY    OF

MARYLAND, That Section(s) 412, 413, and 414 of Article 27     -

Crimes and Punishments, of the Annotated Code of Maryland   be
repealed.

SECTION 2. AND BE IT FURTHER ENACTED, That section(s)
of the Annotated Code of Maryland be repealed, amended, or
enacted to read as follows:

Article 27 - Crimes and Punishments

412.  PUNISHMENT FOR MURDER.

(A)    IF A PERSON IS FOUND GUILTY OF MURDER, THE COURT
OR JURY THAT DETERMINED THE PERSON'S GUILT SHALL STATE IN
THE VERDICT WHETHER THE PERSON IS GUILTY OF MURDER IN THE
FIRST DEGREE OR MURDER IN THE SECOND DEGREE.

(B)    A PERSON FOUND GUILTY OF MURDER IN THE FIRST
DEGREE SHALL BE SENTENCED EITHER TO DEATH OR TO IMPRISONMENT
FOR LIFE. THE SENTENCE SHALL BE IMPRISONMENT FOR LIFE
UNLESS (1) THE STATE NOTIFIED THE PERSON IN WRITING AT LEAST
30 DAYS PRIOR TO TRIAL THAT IT INTENDED TO SEEK A SENTENCE
OF DEATH, AND ADVISED THE PERSON OF EACH AGGRAVATING
CIRCUMSTANCE UPON WHICH IT INTENDED TO RELY, AND (2) A
SENTENCE OF DEATH IS IMPOSED IN ACCORDANCE WITH § 413.

(C)    A PERSON FOUND GUILTY OF MURDER IN THE SECOND
DEGREE SHALL BE SENTENCED TO IMPRISONMENT FOR NOT MORE THAN
30 YEARS.

413.  SENTENCING PROCEDURE - FIRST DEGREE MURDER.

(A)    IF A PERSON IS FOUND GUILTY OF MURDER IN THE
FIRST DEGREE, AND IF THE STATE HAD GIVEN THE NOTICE REQUIRED
UNDER § 412(B), A SEPARATE SENTENCING PROCEEDING SHALL BE
CONDUCTED AS SOON AS PRACTICABLE AFTER THE TRIAL HAS BEEN
COMPLETED TO DETERMINE WHETHER HE SHALL BE SENTENCED TO
DEATH OR IMPRISONMENT FOR LIFE.

(B)    THIS PROCEEDING SHALL BE CONDUCTED:

(1) BEFORE THE JURY THAT DETERMINED THE
DEFENDANT'S GUILT; OR