WILLIAM DONALD SCHAEFER, Governor                   Ch. 237

WHETHER TO IMPOSE A SENTENCE OF IMPRISONMENT FOR LIFE WITHOUT THE
POSSIBILITY OF PAROLE.

(5) 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 BUT DOES
NOT GIVE NOTICE OF INTENTION TO SEEK THE DEATH PENALTY, THE COURT
OR JURY SHALL CONDUCT A SEPARATE SENTENCING PROCEEDING AS SOON AS
PRACTICABLE AFTER THE TRIAL HAS BEEN COMPLETED TO DETERMINE
WHETHER TO IMPOSE A SENTENCE OF IMPRISONMENT FOR LIFE OR
IMPRISONMENT FOR LIFE WITHOUT THE POSSIBILITY OF PAROLE.

(II) IF THE STATE GIVES THE NOTICE REQUIRED
UNDER § 412(B) OF THIS ARTICLE OF INTENTION TO SEEK THE DEATH
PENALTY IN ADDITION TO THE NOTICE OF INTENTION TO SEEK A SENTENCE
OF IMPRISONMENT FOR LIFE WITHOUT THE POSSIBIILTY OF PAROLE, THE
COURT, AS SOON AS PRACTICABLE AFTER THE SENTENCING PROCEEDING ON
THE DEATH PENALTY, SHALL DETERMINE WHETHER TO IMPOSE A SENTENCE
OF IMPRISONMENT FOR LIFE WITHOUT THE POSSIBILITY OF PAROLE.

(6) IF THE STATE GIVES THE' NOTICE REQUIRED UNDER §
412(B) OF THIS ARTICLE OF INTENTION TO SEEK THE DEATH PENALTY IN
ADDITION TO THE NOTICE OF INTENTION TO SEEK A SENTENCE OF
IMPRISONMENT FOR LIFE WITHOUT THE POSSIBILITY OF PAROLE, AND THE
COURT OR JURY DETERMINES THAT A SENTENCE OF DEATH MAY NOT BE
IMPOSED UNDER THE PROVISIONS OF THIS SECTION, THE THAT COURT OR
JURY, AS SOON AS PRACTICABLE AFTER THE SENTENCING PROCEEDING ON
THE DEATH PENALTY, SHALL DETERMINE WHETHER TO IMPOSE A SENTENCE
OF IMPRISONMENT FOR LIFE OR IMPRISONMENT FOR LIFE WITHOUT THE
POSSIBILITY OF PAROLE.

(7) (I) IN DETERMINING WHETHER TO IMPOSE A SENTENCE
OF IMPRISONMENT FOR LIFE WITHOUT THE POSSIBILITY OF PAROLE, A
JURY SHALL AGREE UNANIMOUSLY ON THE IMPOSITION OF A SENTENCE OF
IMPRISONMENT FOR LIFE WITHOUT THE POSSIBILITY OF PAROLE.

(II) IF THE JURY AGREES UNANIMOUSLY TO IMPOSE A
SENTENCE OF IMPRISONMENT FOR LIFE WITHOUT THE POSSIBILITY OF
PAROLE, THE COURT SHALL IMPOSE A SENTENCE OF IMPRISONMENT FOR
LIFE WITHOUT THE POSSIBILITY OF PAROLE.

(III) IF THE JURY, WITHIN A REASONABLE TIME, IS
NOT ABLE TO AGREE UNANIMOUSLY ON THE IMPOSITION OF A SENTENCE OF
IMPRISONMENT FOR LIFE WITHOUT THE POSSIBILITY OF PAROLE, THE
COURT SHALL DISMISS THE JURY AND IMPOSE A SENTENCE OF
IMPRISONMENT FOR LIFE.

(1) The Court of Appeals may adopt rules of procedure to
govern the conduct of a sentencing proceeding conducted pursuant
to this section, including any forms to be used by the court or
jury in making its written findings and determinations of
sentence.

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