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Session Laws, 1987
Volume 769, Page 1052   View pdf image
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Ch. 237                                    LAWS OF MARYLAND

agreement or contract for remuneration or the promise of
remuneration.

(8)  At the time of the murder, the defendant was
under sentence of death or imprisonment for life.

(9)  The defendant committed more than one offense of
murder in the first degree arising out of the same incident.

(10)  The defendant committed the murder while
committing or attempting to commit a robbery, arson, rape or
sexual offense in the first degree.

(e)  As used in this section, the following terms have the
meanings indicated unless a contrary meaning is clearly intended
from the context in which the term appears:

(1)  The terms "defendant" and "person", except as
those terms appear in subsection (d)(7) of this section, include
only a principal in the first degree.

(2)  The term "correctional institution" includes any
institution for the detention or confinement of persons charged
with or convicted of a crime, including Patuxent Institution, any
institution for the detention or confinement of juveniles charged
with or adjudicated as being delinquent, and any hospital in
which the person was confined pursuant to an order of a court
exercising criminal jurisdiction.

(3)  The term "law enforcement officer" has the
meaning given in Section 727 of Article 27. However, as used in
subsection (d), the term also includes (i) an officer servings in
a probationary status, (ii) a parole and probation officer, and
(iii) a law enforcement officer of a jurisdiction outside, of
Maryland.

(4)   "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.

(f)  If the court or jury does not find, beyond a reasonable
doubt, that one or more of these aggravating circumstances exist,
it shall state that conclusion in writing, and [the] A sentence
[shall be imprisonment for life] OF DEATH MAY NOT BE IMPOSED.

(g)  If the court or jury finds, beyond a reasonable doubt,
that one or more of these aggravating circumstances exist, it
shall then consider whether, based upon a preponderance of the
evidence, any of the following mitigating circumstances exist:

(1) The defendant has not previously (i) been found
guilty of a crime of violence; (ii) entered a plea of guilty or

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Session Laws, 1987
Volume 769, Page 1052   View pdf image
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