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1046
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LAWS OF MARYLAND
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Ch. 296
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kidnapping, manslaughter, except involuntary manslaughter,
mayhem, murder, robbery, or rape or sexual offense in the first
or second degree, or an attempt to commit any of these offenses,
or the use of a handgun in the commission of a felony or another
crime of violence ] HAS NO SIGNIFICANT HISTORY OF PRIOR CRIMINAL
ACTIVITY.
(2) The victim was a participant in the defendant's
conduct or consented to the act which caused the victim's death.
(3) The defendant acted under substantial duress,
[domination or provocation of another person, ] but not so
substantial as to constitute a complete defense to the
prosecution.
(4) The murder was committed while the capacity of
the defendant to appreciate the criminality of his conduct or to
conform his conduct to the requirements of law was substantially
impaired as a result of mental incapacity, mental disorder, OR
emotional disturbance, or intoxication AGAINST THE DEFENDANT'S
WILL. SELF-INDUCED DRUG OR ALCOHOL ADDICTION OR DEPENDENCY IS
NOT A MITIGATING CIRCUMSTANCE UNDER THIS PARAGRAPH.
(5) The [youthful age of the] defendant WAS UNDER
THE AGE OF 16 YEARS at the time of the crime.
[(6) The act of the defendant was not the sole
proximate cause of the victim's death.]
[(7)] (6) It is unlikely that the defendant will
engage in further criminal activity that would constitute a
continuing threat to society.
[(8)] (7) Any other facts which the jury or the
court specifically sets forth in writing that it finds as
mitigating circumstances in the case.
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SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1983.
Approved May 24, 1983.
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CHAPTER 297
(Senate Bill 132)
AN ACT concerning
Presentence Investigation - Victim Impact Statement -
Address by Victim or Family Death Penalty Cases
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