Ch. 626                                    LAWS OF MARYLAND

BY repealing and reenacting, with amendments,

Article 27 - Crimes and Punishments
Section 412

Annotated Code of Maryland
(1982 Replacement Volume and 1986 Supplement)

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

Article 27 - Crimes and Punishments

412.

(a)  If a person is found guilty of murder, the court or
jury that determined the person's guilt shall state in the
verdict whether the person is guilty of murder in the first
degree or murder in the second degree.

(b)   [A] EXCEPT AS PROVIDED UNDER SUBSECTION (D) OF THIS
SECTION, A person found guilty of murder in the first degree
shall be sentenced either to death or to imprisonment for life.
The sentence shall be imprisonment for life unless (1) the State
notified the person in writing at least 30 days prior to trial
that it intended to seek a sentence of death, and advised the
person of each aggravating circumstance upon which it intended to
rely, and (2) a sentence of death is imposed in accordance with §
413.

(c) A person found guilty of murder in the second degree
shall be sentenced to imprisonment for not more than 30 years.

(D) IF A PERSON FOUND GUILTY OF MURDER IN THE FIRST DEGREE
WAS LESS THAN 16 18 YEARS OLD AT THE TIME THE MURDER WAS
COMMITTED, THE PERSON SHALL BE SENTENCED TO IMPRISONMENT FOR LIFE
AND MAY NOT BE SENTENCED TO DEATH.

SECTION 2. AND BE IT FURTHER ENACTED, That the provisions of
this Act apply to individuals who are awaiting trial or
sentencing by the courts of this State on July 1, 1987.

SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1987.

Approved June 2, 1987.

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