H.B. 346

VETOES

11.

(A) IN ANY. INDICTMENT, INFORMATION, WARRANT, OR OTHER CHARGING
DOCUMENT FOR ARSON, MALICIOUS BURNING, OR ANY OTHER OFFENSE UNDER
THIS SUBHEADING IT IS SUFFICIENT TO USE A FORMULA SUBSTANTIALLY TO THE

FOLLOWING EFFECT: "THAT A-B ON THE .... DAY OF ............., ...., IN THE COUNTY

(CITY) AFORESAID, DID UNLAWFULLY BURN OR SET FIRE TO (DESCRIBE PROPERTY)
OR DID (DESCRIBE OTHER VIOLATION OF THIS SUBHEADING) IN VIOLATION OF
ARTICLE 27, SECTION (HERE STATE SECTION VIOLATED) OF THE ANNOTATED CODE
OF MARYLAND; CONTRARY TO THE FORM OF. THE ACT OF ASSEMBLY IN SUCH CASE
MADE AND PROVIDED AND AGAINST THE PEACE. GOVERNMENT AND DIGNITY OF
THE STATE."

(B) IN ANY CASE IN THE CIRCUIT COURT IN WHICH THIS GENERAL FORM OF
INDICTMENT OR INFORMATION IS USED TO CHARGE AN OFFENSE UNDER THIS
SUBHEADING, THE DEFENDANT ON TIMELY DEMAND IS ENTITLED TO A BILL OF
PARTICULARS.

COMMITTEE NOTE: The Committee intends that the provisions of the Maryland
Rules be followed as to the applicable time limits and other requirements
concerning a bill of particulars.

408.                                                                                                                                                        

All murder which shall be committed in the perpetration of, or attempt to
perpetrate [any arson], ARSON IN THE FIRST DEGREE shall be murder in the first
degree.                            

COMMITTEE NOTE: This change is stylistic and clarifies that only murder
committed in the perpetration of arson in the first degree, and not arson in
the second degree, is first degree murder. This essentially retains the current
law in this area.                                                                           

413.                                  

(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:

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

(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:

(1) The defendant has not previously (i) been found guilty of a crime of
violence; (ii) entered a plea of guilty or nolo contendere to a charge of a crime of
violence; or (iii) had a judgment of probation on stay of entry of judgment entered on a
charge of a crime of violence. As used in this paragraph, "crime of violence" means
abduction, arson IN THE FIRST DEGREE, escape, kidnapping, manslaughter, except

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