4044

VETOES

8-301.

[(a) In a trial in which the defendant is subject, on any
single count, to a sentence of death; life imprisonment, or 20
years or more of imprisonment, except for common law offenses for
which no specific penalty is provided by statute; BECAUSE OF
NOTICE OF INTENTION TO SEEK A SENTENCE OF DEATH HAS BEEN GIVEN
UNDER ARTICLE 27, § 412 OF THE CODE, each defendant is permitted
20 peremptory challenges and the State is permitted ten 10
peremptory challenges for each defendant.

(B) IN A CRIMINAL TRIAL IN WHICH THE DEFENDANT IS SUBJECT,
ON ANY SINGLE COUNT, TO A SENTENCE OF LIFE IMPRISONMENT,
INCLUDING A CASE IN WHICH NOTICE OF INTENTION TO SEEK A SENTENCE
OF DEATH HAS NOT BEEN GIVEN UNDER ARTICLE 27, § 412 OF THE CODE,
EXCEPT FOR THE COMMON LAW OFFENSES FOR WHICH NO SPECIFIC PENALTY
IS PROVIDED BY STATUTE, EACH DEFENDANT IS PERMITTED 20 PEREMPTORY
CHALLENGES AND THE STATE IS PERMITTED 10 PEREMPTORY CHALLENGES
FOR EACH DEFENDANT.

(C) EXCEPT AS PROVIDED IN SUBSECTIONS (A) AND (B) OF THIS
SECTION, IN A CRIMINAL TRIAL IN WHICH THE DEFENDANT IS SUBJECT,
ON ANY SINGLE COUNT, TO A SENTENCE OF 20 YEARS OR MORE, EXCEPT
FOR COMMON LAW OFFENSES FOR WHICH NO SPECIFIC PENALTY IS PROVIDED
BY STATUTE, EACH DEFENDANT IS PERMITTED 10 PEREMPTORY CHALLENGES
AND THE STATE IS PERMITTED 5 PEREMPTORY CHALLENGES FOR EACH
DEFENDANT.

(b) (D) In all other cases, each party is permitted four
peremptory challenges; all defendants are considered a single
party for this purpose.

(1) If it appears that the trial involves two or more
defendants having adverse or hostile interest, the court may
allow additional peremptory challenges;

(2) No defendant shall be allowed more than four
peremptory challenges.]

(A) IN A TRIAL IN WHICH THE DEFENDANT IS SUBJECT, ON ANY
SINGLE COUNT, TO A SENTENCE OF DEATH BECAUSE NOTICE OF INTENTION
TO SEEK A SENTENCE OF DEATH HAS BEEN GIVEN UNDER ARTICLE 27, §
412 OF THE CODE, EACH DEFENDANT IS PERMITTED 20 PEREMPTORY
CHALLENGES AND THE STATE IS PERMITTED 20 PEREMPTORY CHALLENGES
FOR EACH DEFENDANT.

(B)(1) IN ANY OTHER CASE, WHERE THE PENALTY FOR ANY SINGLE
COUNT EXCEEDS 20 YEARS, THE DEFENDANT IS PERMITTED 10 PEREMPTORY
CHALLENGES, AND THE STATE IS PERMITTED 6 PEREMPTORY CHALLENGES.

(2) IN ANY OTHER CASE, EACH PARTY IS PERMITTED 4
PEREMPTORY CHALLENGES.

(C)(1) IN ANY CASE PROVIDED FOR IN SUBSECTION (B) OF THIS
SECTION, MULTIPLE DEFENDANTS ARE CONSIDERED A SINGLE PARTY.