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Session Laws, 1978
Volume 736, Page 6   View pdf image
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6

LAWS OF MARYLAND

Ch. 3

CHAPTER 3

(Senate Bill 374)

AN ACT concerning

Crimes and Punishments — Capital Punishment

FOR the purpose of repealing the present statutes which
mandate that the death penalty be imposed as punishment
for conviction of certain crimes; repealing other
provisions concerning the designation of degree in a
murder case, and the prosecution for petit treason;
providing that the punishment for conviction of first
degree murder shall be life imprisonment or capital
punishment, depending upon a certain proceeding;
requiring the jury or court to indicate in a guilty
verdict in a murder case whether the finding is guilty
of murder in the first degree or murder in the second
degree; requiring a separate sentencing proceeding in
certain cases, to be conducted upon a finding of guilty
of first degree murder; providing for the evidentiary
character of the sentencing proceeding; requiring
written findings of fact and determination of sentence
by the court or jury; requiring the court or jury to
consider certain aggravating circumstances; requiring
the court or jury to consider certain mitigating
circumstances in certain cases; requiring the court or
jury to weigh the aggravating and mitigating
circumstances; requiring the court or jury to make
certain written findings and determinations of
sentence; requiring the court to impose the sentence
determined by a jury; providing an automatic appeal of
every death sentence and specifying the procedures to
be followed and the considerations to be made;
authorizing the Court of Appeals to adopt certain
rules; providing for the prospective application of the
Act; defining certain terms; making style changes; and
generally relating to the imposition of capital
punishment in certain cases.

BY repealing

Article 27 — Crimes and Punishments

Section 412, 413, and 414

Annotated Code of Maryland

(1976 Replacement Volume and 1977 Supplement)

BY adding to

Article 27 — Crimes and Punishments

Section 412, 413, and 414

Annotated Code of Maryland

(1976 Replacement Volume and 1977 Supplement)

BY repealing and reenacting, with amendments,

 

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Session Laws, 1978
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