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1045
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HARRY HUGHES, Governor
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CHAPTER 296
(House Bill 62)
AN ACT concerning
Crimes - Death Penalty - Mitigating Circumstances
FOR the purpose of altering the mitigating circumstances removing
intoxication as a separately stated mitigating circumstance
that the court or jury may consider in a sentencing
proceeding for possible imposition of the death penalty; and
providing a preamble of legislative intent.
BY repealing and reenacting, with amendments,
Article 27 - Crimes and Punishments
Section 413(g)
Annotated Code of Maryland
(1982 Replacement Volume and 1982 Supplement)
Preamble
The General Assembly is aware that the Supreme Court has
held that evidence of the intoxication of a defendant in a case
involving the death penalty must be allowed and considered as a
factor in mitigation. The General Assembly further believes that
such mitigating factor should be considered under the eighth
mitigating factor and not highlighted specifically so as to
appear more as justification than as one of the many factors that
may be considered as possible mitigation. In striking the word
intoxication from the fourth mitigating factor, the General
Assembly is not eliminating the consideration of intoxication but
altering the emphasis presently indicated; now, therefore,
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SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland 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" means abduction, arson, escape,
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