WILLIAM DONALD SCHAEFER, Governor                   Ch. 237

(iii) Evidence of any prior criminal
convictions, pleas of guilty or nolo contendere, or the absence
of such prior convictions or pleas, to the same extent admissible
in other sentencing procedures;

(iv) Any presentence investigation report.
However, any recommendation as to sentence contained in the
report is not admissible; and

(v) Any other evidence that the court deems of
probative value and relevant to sentence, provided the defendant
is accorded a fair opportunity to rebut any statements.

(2)  The State and the defendant or his counsel may
present argument for or against the sentence of death.

(3)  After presentation of the evidence in a
proceeding before a jury, in addition to any other appropriate
instructions permitted by law, the court shall instruct the jury
as to the findings it must make in order to determine whether the
sentence shall be death, IMPRISONMENT FOR LIFE WITHOUT THE
POSSIBILITY OF PAROLE, OR IMPRISONMENT FOR LIFE, or imprisonment
for life and the burden of proof applicable to these findings in
accordance with subsection (f) or subsection (h) of this section.

(d) In determining the sentence, the court or jury, as the
case may be, shall first consider whether, beyond a reasonable
doubt, any of the following aggravating circumstances exist:

(1)  The victim was a law enforcement officer who was
murdered while in the performance of his duties.

(2)  The defendant committed the murder at a time when
he was confined in any correctional institution.

(3)  The defendant committed the murder in furtherance
of an escape or an attempt to escape from or evade the lawful
custody, arrest, or detention of or by an officer or guard of a
correctional institution or by a law enforcement officer.

(4)  The victim was taken or attempted to be taken in
the course of a kidnapping or abduction or an attempt to kidnap
or abduct.

(5)  The victim was a child abducted in violation of §
2 of this article.

(6)  The defendant committed the murder pursuant to an
agreement or contract for remuneration or the promise of
remuneration to commit the murder.

(7)  The defendant engaged or employed another person
to commit the murder and the murder was committed pursuant to an

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