Ch. 237                               LAWS OF MARYLAND

(D) EXCEPT AS PROVIDED BY § 413 OF THIS ARTICLE , THE COURT
SHALL DECIDE WHETHER TO IMPOSE A SENTENCE OF LIFE IMPRISONMENT OR
LIFE IMPRISONMENT WITHOUT THE POSSIBILITY OF PAROLE.

(E) IN THIS SECTION, "IMPRISONMENT FOR LIFE WITHOUT THE

POSSIBILITY OF PAROLE MEANS IMPRISONMENT FOR THE NATURAL LIFE OF

AN INMATE UNDER THE CUSTODY OF A CORRECTIONAL INSTITUTION,

INCLUDING THE PATUXENT INSTITUTION.

413.

(a) If a person is found guilty of murder in the first
degree, and if the State had given the notice required under §
412(b), a separate sentencing proceeding shall be conducted as
soon as practicable after the trial has been completed to
determine whether he shall be sentenced to death, [or
imprisonment for life] , OR IMPRISONMENT FOR LIFE WITHOUT THE
POSSIBILITY OF PAROLE.

(b) This proceeding shall be conducted:

(1)  Before the jury that determined the defendant's
guilt; or

(2)  Before a jury impaneled for the purpose of the
proceeding if:

(i) The defendant was convicted upon a plea of
guilty;

(ii) The defendant was convicted after a trial
before the court sitting without a jury;

(iii) The jury that determined the defendant's
guilt has been discharged by the court for good cause; or

(iv) Review of the original sentence of death
by a court of competent jurisdiction has resulted in a remand for
resentencing; or

(3)  Before the court alone, if a jury sentencing
proceeding is waived by the defendant.

(c) (1) The following type of evidence is admissible in
this proceeding:

(i) Evidence relating to any mitigating
circumstance listed in subsection (g) of this section;

(ii) Evidence relating to any aggravating
circumstance listed in subsection (d) of this section of which
the State had notified the defendant pursuant to § 412(b) of this
article;                                                               

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