WILLIAM DONALD SCHAEFER, Governor                   Ch. 237

for the adoption of rules of procedure by the Court of
Appeals; requiring a certain presentence investigation to be
considered under certain circumstances; defining a term; and
generally relating to providing for a penalty of
imprisonment for life without the possibility of parole for
first degree murder.

BY repealing and reenacting, with amendments,

Article 27 - Crimes and Punishments

Section 412 and 413

Annotated Code of Maryland

(1982 Replacement Volume and 1986 Supplement)

BY repealing and reenacting, with amendments,

Article 41 - Governor - Executive and Administrative

Departments
Section 4-607(b) and 4-609(d)
Annotated Code of Maryland
(1986 Replacement Volume)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article 27 - Crimes and Punishments

412.

(a)  If a person is found guilty of murder, the court or
jury that determined the person's guilt shall state in the
verdict whether the person is guilty of murder in the first
degree or murder in the second degree.

(b)  A person found guilty of murder in the first degree
shall be sentenced [either] to death [or to], imprisonment for
life, OR IMPRISONMENT FOR LIFE WITHOUT THE POSSIBILITY OF PAROLE.
The sentence shall be imprisonment for life unless: (1) (I) the
State notified the person in writing at least 30 days prior to
trial that it intended to seek a sentence of death, and advised
the person of each aggravating circumstance upon which it
intended to rely, and [(2)] (II) a sentence of death is imposed
in accordance with § 413; OR (2) THE STATE NOTIFIED THE PERSON IN
WRITING AT LEAST 30 DAYS PRIOR TO TRIAL THAT IT INTENDED TO SEEK
A SENTENCE OF IMPRISONMENT FOR LIFE WITHOUT THE POSSIBILITY OF
PAROLE UNDER § 412 OR § 413 OF THIS ARTICLE.

(c)  A person found guilty of murder in the second degree
shall be sentenced to imprisonment for not more than 30 years.

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