Ch. 69

1993 LAWS OF MARYLAND

(ii) Evidence relating to any aggravating circumstance listed in
subsection (d) of this section of which the State had notified the defendant pursuant to §
412(b) of this article;

(iii) Evidence of any prior criminal convictions, pleas of guilty or nolo
contendere, or the absence of such prior convictions or pleas, to the same extent
admissible in other sentencing procedures;

(iv) Any presentence investigation report. However, any
recommendation as to sentence contained in the report is not admissible; and

(v) Any other evidence that the court deems of probative value and
relevant to sentence, provided the defendant is accorded a fair opportunity to rebut any
statements.

(2)     The State and the defendant or his counsel may present argument for or
against the sentence of death.

(3)     After presentation of the evidence in a proceeding before a jury, in
addition to any other appropriate instructions permitted by law, the court shall instruct
the jury as to the findings it must make in order to determine whether the sentence shall
be death, imprisonment for life without the possibility of parole, or imprisonment for life,
and the burden of proof applicable to these findings in accordance with subsection (f) or
subsection (h) of this section.

(d) In determining the sentence, the court or jury, as the case may be, shall first
consider whether, beyond a reasonable doubt, any of the following aggravating
circumstances exist:

(1)     The victim was a law enforcement officer who was murdered while in the
performance of his duties.

(2)     The defendant committed the murder at a time when he was confined in
any correctional institution.

(3)     The defendant committed the murder in furtherance of an escape or an
attempt to escape from or evade the lawful custody, arrest, or detention of or by an officer
or guard of a correctional institution or by a law enforcement officer.

(4)     The victim was taken or attempted to be taken in the course of a
kidnapping or abduction or an attempt to kidnap or abduct.

(5)     The victim was a child abducted in violation of § 2 of this article.

(6)     The defendant committed the murder pursuant to an agreement or
contract for remuneration or the promise of remuneration to commit the murder.

(7)     The defendant engaged or employed another person to commit the
murder and the murder was committed pursuant to an agreement or contract for
remuneration or the promise of remuneration.

(8)     At the time of the murder, the defendant was under sentence of death or
imprisonment for life.

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