BLAIR LEE III, Acting Governor

9

CIRCUMSTANCES EXIST:

(1)    THE VICTIM HAS A LAW ENFORCEMENT OFFICER
WHO HAS MURDERED WHILE IN THE PERFORMANCE OF HIS DUTIES.

(2)    THE DEFENDANT COMMITTED THE MURDER AT A
TIME WHEN HE HAS CONFINED IN ANY CORRECTIONAL INSTITUTION.

(3)    THE DEFENDANT COMMITTED THE MURDER IN
FURTHERANCE OF AN ESCAPE OR AN ATTEMPT TO ESCAPE FROM OR
EVADE THE LAWFUL CUSTODY, ARREST, OR DETENTION OF OR BY AN
OFFICER OR GUARD OF A CORRECTIONAL INSTITUTION OR BY A LAW
ENFORCEMENT OFFICER.

(4) THE VICTIM WAS A HOSTAGE TAKEN OR ATTEMPTED
TO BE TAKEN IN THE COURSE OF A KIDNAPPING OR ABDUCTION OR AN
ATTEMPT TO KIDNAP OR ABDUCT.

(5)    THE VICTIM WAS A CHILD ABDUCTED IN
VIOLATION OF § 2 OF THIS ARTICLE.

(6)    THE DEFENDANT COMMITTED THE MURDER PURSUANT
TO AN AGREEMENT OR CONTRACT FOR REMUNERATION OR THE PROMISE
OF REMUNERATION TO COMMIT THE MURDER.

(7)    THE DEFENDANT ENGAGED OR EMPLOYED ANOTHER
PERSON TO COMMIT THE MURDER AND THE MURDER WAS COMMITTED
PURSUANT TO AN AGREEMENT OR CONTRACT FOR REMUNERATION OR THE
PROMISE OF REMUNERATION.

(8)    AT THE TIME OF THE MURDER, THE DEFENDANT
WAS UNDER SENTENCE OF DEATH OR IMPRISONMENT FOR LIFE.

(9)    THE DEFENDANT COMMITTED MORE THAN ONE
OFFENSE OF MURDER IN THE FIRST DEGREE ARISING OUT OF THE
SAME INCIDENT.

(10)   THE DEFENDANT COMMITTED THE MURDER WHILE
COMMITTING OR ATTEMPTING TO COMMIT ROBBERY, ARSON, OR RAPE
OR SEXUAL OFFENSE IN THE FIRST DEGREE.

(E) FOR THE PURPOSES OF SUBSECTION (D): AS USED IN
THIS SECTION, THE FOLLOWING TERMS HAVE THE MEANINGS
INDICATED UNLESS A CONTRARY MEANING IS CLEARLY INTENDED FROM
THE CONTEXT IN WHICH THE TERM APPEARS:

(1) THE TERMS "DEFENDANT" AND "PERSON", EXCEPT
AS THOSE TERMS APPEAR IN SUBSECTION (D)(7), INCLUDE ONLY A
PRINCIPAL IN THE FIRST DEGREE.

(1) (2) THE TERM "CORRECTIONAL INSTITUTION"
INCLUDES ANY INSTITUTION FOR THE DETENTION OR CONFINEMENT OF
PERSONS CHARGED WITH OR CONVICTED OF A CRIME, INCLUDING
PATUXENT INSTITUTION, ANY INSTITUTION FOR THE DETENTION OR
CONFINEMENT OF JUVENILES CHARGED WITH OR ADJUDICATED AS
BEING DELINQUENT, AND ANY HOSPITAL IN WHICH THE PERSON WAS
CONFINED PURSUANT TO AN ORDER OF A COURT EXERCISING CRIMINAL
JURISDICTION.