BLAIR LEE III, Acting Governor

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(8) (7) IT IS UNLIKELY THAT THE DEFENDANT
WILL ENGAGE IN FURTHER CRIMINAL ACTIVITY THAT WOULD
CONSTITUTE A CONTINUING THREAT TO SOCIETY.

(H) (1) IF THE COURT OR JURY FINDS THAT ONE OR MORE
OF THESE MITIGATING CIRCUMSTANCES EXIST, IT SHALL DETERMINE
WHETHER, BY A PREPONDERANCE OF THE EVIDENCE, THE MITIGATING
CIRCUMSTANCES OUTWEIGH THE AGGRAVATING CIRCUMSTANCES.

(2)    IF IT FINDS THAT THE MITIGATING
CIRCUMSTANCES DO NOT OUTWEIGH THE AGGRAVATING CIRCUMSTANCES,
THE SENTENCE SHALL BE DEATH.

(3)    IF IT FINDS THAT THE MITIGATING
CIRCUMSTANCES OUTWEIGH THE AGGRAVATING CIRCUMSTANCES, THE
SENTENCE SHALL BE IMPRISONMENT FOR LIFE.

(I) THE DETERMINATION OF THE COURT OR JURY SHALL BE
IN WRITING, AND, IF A JURY, SHALL BE UNANIMOUS AND SHALL BE
SIGNED BY THE FOREMAN.

(J) THE DETERMINATION OF THE COURT OR JURY SHALL
STATE, SPECIFICALLY:

(1)    WHICH, IF ANY, AGGRAVATING CIRCUMSTANCES IT
FINDS TO EXIST;

(2)    WHICH, IF ANY, MITIGATING CIRCUMSTANCES IT
FINDS TO EXIST;

(3)    WHETHER ANY MITIGATING CIRCUMSTANCES FOUND
UNDER SUBSECTION (G) OUTWEIGH THE AGGRAVATING CIRCUMSTANCES
FOUND UNDER SUBSECTION (D);

(4)    WHETHER THE AGGRAVATING CIRCUMSTANCES FOUND
UNDER SUBSECTION (D) ARE NOT OUTWEIGHED BY MITIGATING
CIRCUMSTANCES UNDER SUBSECTION (G); AND

(5)    THE SENTENCE, DETERMINED IN ACCORDANCE WITH
SUBSECTION (F) OR (H).

(K) (1) THE COURT SHALL IMPOSE THE SENTENCE
DETERMINED BY THE JURY UNDER SUBSECTION (F) OR (H).

(2)    IF THE JURY, WITHIN A REASONABLE TIME, IS
NOT ABLE TO AGREE AS TO SENTENCE, THE COURT SHALL DISMISS
THE JURY AND IMPOSE A SENTENCE OF IMPRISONMENT FOR LIFE.

(3)    IF THE SENTENCING PROCEEDING IS CONDUCTED
BEFORE A COURT WITHOUT A JURY, THE COURT SHALL IMPOSE THE
SENTENCE DETERMINED UNDER SUBSECTION (F) OR (H).

(L) THE COURT OF APPEALS MAY ADOPT RULES OF PROCEDURE
TO GOVERN THE CONDUCT OF A SENTENCING PROCEEDING CONDUCTED
PURSUANT TO THIS SECTION, INCLUDING ANY FORMS TO BE USED BY
THE COURT OR JURY IN MAKING ITS WRITTEN FINDINGS AND
DETERMINATIONS OF SENTENCE.