Ch. 418

LAWS OF MARYLAND

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)  Except as provided under subsection (d) of this
section, a person found guilty of murder in the first degree
shall be sentenced to death, imprisonment for life, or
imprisonment for life without the possibility of parole. The
sentence shall be imprisonment for life unless: (1) (i) 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 (ii) a sentence of death is imposed in accordance with
§ 413; or (2) the State notified the person in writing at least
30 days prior to trial that it intended to seek a sentence of
imprisonment for life without the possibility of parole under §
412 or § 413 of this article.

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

(d)  Except as provided by § 413 of this article, the court
shall decide whether to impose a sentence of life imprisonment or
life imprisonment without the possibility of parole.

(e)  In this section, "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)  (1) If a person found guilty of murder in the first
degree was less than 18 years old at the time the murder was
committed, the person shall be sentenced to imprisonment for life
OR IMPRISONMENT FOR LIFE WITHOUT THE POSSIBILITY OF PAROLE and
may not be sentenced to death.

(2) THE SENTENCE SHALL BE IMPRISONMENT FOR LIFE
UNLESS THE STATE NOTIFIED THE PERSON IN WRITING AT LEAST 30 DAYS
PRIOR TO TRIAL THAT THE STATE INTENDED TO SEEK A SENTENCE OF
IMPRISONMENT FOR LIFE WITHOUT THE POSSIBILITY OF PAROLE UNDER
THIS SECTION OR § 413 OF THIS ARTICLE.

413.

(K) (8) IF THE STATE GIVES THE NOTICE REQUIRED UNDER §
412(D) 412 OF THIS ARTICLE OF THE STATE'S 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

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