HARRY HUGHES, Governor                                     3197

BY adding to

Article 27 - Crimes and Punishments

Section 413(m)

Annotated Code of Maryland

(1982 Replacement Volume and 1983 Supplement)

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.

(M) (1) A JUDGE SHALL APPOINT AT LEAST 2 ALTERNATE JURORS
WHEN IMPANELING A JURY FOR ANY PROCEEDING:

(I)  IN WHICH THE DEFENDANT IS BEING TRIED FOR A
CRIME FOR WHICH THE DEATH PENALTY MAY BE IMPOSED; OR

(II)  WHICH IS HELD UNDER THE PROVISIONS OF THIS
SECTION.

(2)  THE ALTERNATE JURORS SHALL BE RETAINED DURING THE
LENGTH OF THE PROCEEDINGS UNDER SUCH RESTRICTIONS AND REGULATIONS
AS THE JUDGE MAY IMPOSE.

(3) (I) IF ANY JUROR DIES, BECOMES INCAPACITATED, OR
DISQUALIFIED, OR IS DISCHARGED FOR ANY OTHER REASON BEFORE THE
JURY BEGINS ITS DELIBERATIONS ON SENTENCING, AN ALTERNATE JUROR
BECOMES A JUROR IN THE ORDER IN WHICH SELECTED, AND SERVES IN ALL
RESPECTS AS THOSE SELECTED ON THE REGULAR TRIAL PANEL.

(II) AN ALTERNATE JUROR MAY NOT REPLACE A JUROR
WHO IS DISCHARGED DURING THE ACTUAL DELIBERATIONS OF THE JURY ON
THE GUILT OR INNOCENCE OF THE DEFENDANT, OR ON THE ISSUE OF
SENTENCING.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1984.

Approved May 29, 1984.

CHAPTER 653
(House Bill 814)
AN ACT concerning