1500

LAWS OF MARYLAND

Ch. 520

(vi) Sections 276 through 313D (relating
to drugs and other dangerous substances), as they shall be
amended from time to time.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 19 79.

Approved May 29, 1979.

CHAPTER 521

(House Bill 149)

AN ACT concerning                         

Capital Punishment — Mitigating Circumstances

FOR the purpose of providing that in a sentencing proceeding
to determine whether capital punishment shall be
imposed in a criminal case, the jury or the court
before whom the proceeding is being conducted may
specifically set forth facts which it finds to be
mitigating circumstances in the case.

BY repealing and reenacting, with amendments,

Article 27 — Crimes and Punishments

Section 413(g)

Annotated Code of Maryland

(1976 Replacement Volume and 1978 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section(s) of the Annotated Code of Maryland
be repealed, amended, or enacted to read as follows:

Article 27 — Crimes and Punishments

413.

(g) If the court or jury finds, beyond a reasonable
doubt, that one or more of these aggravating circumstances
exist, it shall then consider whether, based upon a
preponderance of the evidence, any of the following
mitigating circumstances exist:

(1) The defendant has not previously (i) been
found guilty of a crime of violence; (ii) entered a plea of
guilty or nolo contendere to a charge of a crime of
violence; or (iii) had a judgment of probation on stay of
entry of judgment entered on a charge of a crime of
violence. As used in this paragraph, "crime of violence"