WILLIAM DONALD SCHAEFER, Governor                        H.B. 415

(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.

(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.

(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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