WILLIAM DONALD SCHAEFER, Governor

Ch. 69

(9)     The defendant committed more than one offense of murder in the first
degree arising out of the same incident.

(10)   The defendant committed the murder while committing or attempting to
commit a CARJACKING, ARMED CARJACKING, robbery, arson, rape or sexual offense in
the first degree.

(f)      If the court or jury does not find, beyond a reasonable doubt, that one or more
of these aggravating circumstances exist, it shall state that conclusion in writing, and a
sentence of death may not be imposed.

643B.

(a) As used in this section, the term "crime of violence" means abduction; arson;
burglary; ARMED CARJACKING UNDER § 348A OF THIS ARTICLE; daytime
housebreaking under § 30(b) of this article; kidnapping; manslaughter, except involuntary
manslaughter; mayhem and maiming under §§ 384, 385, and 386 of this article; murder;
rape; robbery; robbery with a deadly weapon; sexual offense in the first degree; sexual
offense in the second degree; use of a handgun in the commission of a felony or other
crime of violence; an attempt to commit any of the aforesaid offenses; assault with intent
to murder; assault with intent to rape; assault with intent to rob; assault with intent to
commit a sexual offense in the first degree; and assault with intent to commit a sexual
offense in the second degree.

The term "correctional institution" includes Patuxent Institution and a local or
regional jail or detention center.

(b) Any person who has served three separate terms of confinement in a
correctional institution as a result of three separate convictions of any crime of violence
shall be sentenced, on being convicted a fourth time of a crime of violence, to life
imprisonment without the possibility of parole. Regardless of any other law to the
contrary, the provisions of this section are mandatory.

(c) Any person who (1) has been convicted on two separate occasions of a crime
of violence whore the convictions do not arise from a single incident, and (2) has served
at least one term of confinement in a correctional institution as a result of a conviction of
a crime of violence, shall be sentenced, on being convicted a third time of a crime of
violence, to imprisonment for the term allowed by law, but, in any event, not less than 25
years. Neither the sentence nor any part of it may be suspended, and the person shall not
be eligible for parole except in accordance with the provisions of Article 31B, § 11. A
separate occasion shall be considered one in which the second or succeeding offense is
committed after there has been a charging document filed for the preceding occasion.

(d) If the State intends to proceed against a person as a subsequent offender
under this section, it shall comply with the procedures set forth in the Maryland Rules for
the indictment and trial of a subsequent offender.

(g)     If the court or jury finds, beyond a reasonable doubt, that one or more of these
aggravating circumstances exist, it shall then consider whether, based upon a preponderance of
the evidence, any of the following mitigating circumstances exist:

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