PARRIS N. GLENDENING, Governor                                 Ch. 110

(2)      (1) "STATE POSTCONVICTION REVIEW PROCESS" MEANS THE
INITIAL ADJUDICATION OF A POSTCONVICTION PETITION FILED UNDER §
645A(A)(2)(I) OF THIS ARTICLE, INCLUDING ANY APPELLATE REVIEW OF THE
POSTCONVICTION PROCEEDING.

(II) "STATE POSTCONVICTION REVIEW PROCESS" DOES NOT
INCLUDE:

1.        A POSTCONVICTION PROCEEDING THAT HAS BEEN
REOPENED UNDER § 645A(A)(2)(II) OF THIS ARTICLE OR ANY APPELLATE REVIEW OF
SUCH PROCEEDING; OR

2.        A POSTCONVICTION PROCEEDING ON A SECOND
PETITION FILED BEFORE OCTOBER 1, 1995 OR ANY APPELLATE REVIEW OF SUCH
PROCEEDING.

(3)      "WARRANT OF EXECUTION" MEANS A WARRANT FOR THE
EXECUTION OF A PERSON WHO HAS BEEN SENTENCED TO DEATH.

(B) (1) When a person is sentenced to the punishment of death, the judge or
judges presiding in the court shall, at the time of passing sentence, make out, sign and
issue a warrant OF EXECUTION directed to the warden of the Maryland Penitentiary,
stating the conviction and sentence and appointing a [week] 5-DAY PERIOD
BEGINNING ON A MONDAY within which the sentence must be executed, and
commanding the said warden to execute the sentence upon some day within the [week]
PERIOD so appointed. [If a proceeding is instituted in any federal or State court to test
the validity of the conviction, other than by an appeal to the Court of Special Appeals or
on certiorari in the Court of Appeals, or if a proceeding is instituted in any State court
under § 75A of this article to determine the incompetency of the defendant, the warrant
shall remain in full force and effect unless the court, in which such proceeding is
instituted, shall pass an order revoking the warrant. In any case in which a stay of
execution has resulted by reason of an appeal to the Court of Special Appeals or on
certiorari in the Court of Appeals after compliance with the requirements of Title 12 of
the Courts Article on appeals in criminal cases and the judgment has been affirmed, and
in any case in which the warrant has been revoked by the order of a court in a proceeding
to test the validity of the conviction and the conviction has not been set aside, or in a
proceeding under § 75A of this article in which the defendant has been found to be
competent, the judge that imposed the sentence or the judge then presiding in the trial
court in which the sentence was imposed shall make out, sign and issue another warrant
of execution in the manner and to the effect hereinbefore prescribed.]

(2)      A WARRANT OF EXECUTION SHALL BE STAYED DURING THE
DIRECT REVIEW PROCESS AND THE STATE POSTCONVICTION REVIEW PROCESS.

(3)      (I) IF THE ORIGINAL WARRANT OF EXECUTION HAS NOT YET
EXPIRED AT THE CONCLUSION OF THE STATE POSTCONVICTION REVIEW PROCESS,
THE JUDGE WHO IMPOSED THE DEATH SENTENCE OR THE JUDGE THEN PRESIDING
IN THE TRIAL COURT IN WHICH THE SENTENCE WAS IMPOSED SHALL LIFT THE STAY
IMPOSED UNDER PARAGRAPH (2) OF THIS SUBSECTION.

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