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Session Laws, 1987
Volume 769, Page 2105   View pdf image
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WILLIAM DONALD SCHAEFER, Governor Ch. 418

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article 27 - Crimes and Punishments

75.

(a) When a person is sentenced to the punishment of death,
the judge or judges presiding in the court shall, at the time of
passing sentence, make out, sign and issue a warrant directed to
the warden of the Maryland Penitentiary, stating the conviction
and sentence and appointing a week within which the sentence must
be executed, and commanding the said warden to execute the
sentence upon some day within the week so appointed. If a
proceeding is instituted in any federal OR STATE court [or in any
court of this State or before any judge thereof] to test the
validity of the conviction, other than by an appeal to the Court
of Special Appeals or on certiorari in the Court of Appeals, OR
IF A PROCEEDING IS INSTITUTED IN ANY STATE COURT UNDER § 75A TO
DETERMINE THE INCOMPETENCY OF THE DEFENDANT, the warrant shall
remain in full force and effect unless the court, [or judge
thereof,] in which [or before whom] such proceeding is
instituted, shall pass an order revoking the warrant. In any case
in which a stay of execution has resulted by reason of an appeal
to the Court of Special Appeals or on certiorari in the Court of
Appeals after compliance with the requirements of Title 12 of the
Courts Article on appeals in criminal cases and the judgment has
been affirmed, and in any case in which the warrant has been
revoked by the order of a court in a proceeding to test the
validity of the conviction and the conviction has not been set
aside, OR IN A PROCEEDING UNDER § 75A IN WHICH THE DEFENDANT HAS
BEEN FOUND TO BE COMPETENT, the judge [or judges, or one of them,
who] THAT imposed the sentence!,] or the judge [or judges, or one
of them,] then presiding in the trial court in which the sentence
was imposed shall make out, sign and issue another warrant of
execution in the manner and to the effect hereinbefore
prescribed.

(b)  If, after medical examination, it shall appear to the
satisfaction of the Governor that a female defendant, sentenced
to the punishment of death, is pregnant, the Governor shall
revoke the warrant previously issued for the execution of the
defendant. As soon as the Governor is satisfied that such female
defendant is no longer pregnant, he shall issue forthwith his
warrant appointing a week within which the sentence must be
executed.

(c)   [If, after medical examination, it shall appear to the
satisfaction of the Governor that a defendant, sentenced to the
punishment of death, is insane, the Governor shall revoke the
warrant previously issued for the execution of the defendant and
may order the removal of the defendant to a State mental health
facility until the defendant has recovered his sanity. When the

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Session Laws, 1987
Volume 769, Page 2105   View pdf image
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