Ch. 237

LAWS OF MARYLAND

(i) The determination of the court or jury shall be in
writing, and, if a jury, shall be unanimous and shall be signed
by the foreman.

(j) The determination of the court or jury shall state,
specifically:

to exist;
to exist;

(1)  Which if any, aggravating circumstances it finds

(2)  Which, if any, mitigating circumstances it finds

(3) Whether any mitigating circumstances found under
subsection (g) outweigh the aggravating circumstances found under
subsection (d);

(4)  Whether the aggravating circumstances found under
subsection (d) are not outweighed by mitigating circumstances
under subsection (g); and

(5)  The sentence, determined in accordance with
subsection (f) or (h).

(k) (1) [The court shall impose the sentence determined by
the jury under subsection (f) or (h)] IF THE JURY DETERMINES
THAT A SENTENCE OF DEATH SHALL BE IMPOSED UNDER SUBSECTIONS (F)
AND (H) THE PROVISIONS OF THIS SECTION, THEN THE COURT SHALL
IMPOSE A SENTENCE OF DEATH.

(2)  If the jury, within a reasonable time, is not
able to agree as to [sentence] WHETHER A SENTENCE OF DEATH SHALL
BE IMPOSED, the court shall dismiss the jury and MAY NOT impose a
sentence of [imprisonment for life] DEATH.

(3)  If the sentencing proceeding is conducted before
a court without a jury, the court shall [impose the sentence
determined] DETERMINE WHETHER A SENTENCE OF DEATH SHALL BE
IMPOSED under [subsection (f) or] SUBSECTIONS (F) AND (h) THE
PROVISIONS OF THIS SECTION.

(4)  IF THE COURT OR JURY DETERMINES THAT A SENTENCE
OF DEATH MAY NOT BE IMPOSED, AND THE STATE DID NOT GIVE THE
NOTICE REQUIRED UNDER § 412(B) OF THIS ARTICLE OF INTENTION TO
SEEK A SENTENCE OF LIFE IMPRISONMENT WITHOUT THE POSSIBILITY OF
PAROLE, THE COURT SHALL IMPOSE A SENTENCE OF LIFE IMPRISONMENT.

(5) (I) IF A PERSON IS FOUND GUILTY OF MURDER IN THE
FIRST DEGREE, AND IF THE STATE GIVES THE NOTICE REQUIRED UNDER §
412(B) OF THIS ARTICLE OF INTENTION TO SEEK A SENTENCE OF
IMPRISONMENT FOR LIFE WITHOUT THE POSSIBILITY OF PAROLE, THE
COURT SHALL CONDUCT A SEPARATE SENTENCING PROCEEDING AS SOON AS
PRACTICABLE AFTER THE TRIAL HAS BEEN COMPLETED TO DETERMINE

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