PARRIS N. GLENDENING, Governor                                 Ch. 110

(g) (1) [A hearing on a petition filed in a case in which a death sentence has
been imposed shall be held within 180 days after the date that the petition is filed unless
good cause for a postponement is shown] THE DATE FOR A HEARING ON A PETITION
FILED IN A CASE IN WHICH A SENTENCE OF DEATH HAS BEEN IMPOSED SHALL:

(I)      BE SET WITHIN 30 DAYS AFTER THE DAY ON WHICH THE
PETITION IS FILED; AND

(II)     BE NO LATER THAN 180 90 DAYS AFTER THE DAY ON WHICH
THE PETITION IS FILED.

(2)     AFTER THE HEARING DATE IS SET UNDER PARAGRAPH (1) OF THIS
SUBSECTION, THE COURT MAY NOT CHANGE THE DATE UNLESS;

(I)      A PARTY FILES A MOTION REQUESTING THE CHANGE; AND

(II)    GOOD CAUSE FOR THE CHANGE IS SHOWN.

(3)     THE COURT SHALL ISSUE A DECISION ON A PETITION FILED IN A
CASE IN WHICH A SENTENCE OF DEATH HAS BEEN IMPOSED WITHIN 90 DAYS AFTER
THE HEARING ON THE PETITION.

[(2)](4) This subsection may be enforced by either party through the filing
of a petition for writ of mandamus in the Court of Appeals.

SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland
read as follows:

Article 27—Crimes and Punishments

412A.

(A) IF A PARTY SEEKS TO OBTAIN AUTOMATIC REMOVAL UNDER ARTICLE IV,
§ 8 OF THE MARYLAND CONSTITUTION, THE PARTY SHALL FILE A MOTION
REQUESTING REMOVAL AT LEAST 30 DAYS BEFORE TRIAL OR, IF THERE IS NO
TRIAL, THE SENTENCING PROCEEDING OR WITHIN 15 DAYS AFTER THE STATE
PROVIDES NOTICE TO THE DEFENDANT OF ITS INTENT TO SEEK A SENTENCE OF
DEATH, WHICHEVER OCCURS LATER.

(B) IF A PARTY DOES NOT FILE A MOTION SEEKING REMOVAL WITHIN THE
TIME PERIOD SPECIFIED IN SUBSECTION (A) OF THIS SECTION, A COURT MAY NOT
GRANT A PARTY'S REQUEST FOR REMOVAL UNLESS THE PARTY SEEKING REMOVAL
ESTABLISHES THAT THE PARTY CANNOT OBTAIN A FAIR TRIAL OR SENTENCING
PROCEEDING IN THE JURISDICTION IN WHICH THE CASE IS PENDING.

SECTION 3. 2. AND BE IT FURTHER ENACTED, That, subject to Section 4 3
below, the provisions of this Act shall apply to all criminal cases, regardless of whether
the case arises out of an offense that is committed before or after the effective date of this
Act or whether the trial or sentencing of the defendant occurs before or after the
effective date of this Act.

- 1485 -