Ch. 412

1997 LAWS OF MARYLAND

COMMISSIONER OF CORRECTION. No previous announcement of the day or hour of the
execution shall be made except to the persons who shall be invited or permitted to be
present at the execution, as hereinbefore provided.

76.

Immediately upon sentence of death being pronounced upon any convict by any
court of this State, the convict shall be taken into custody by the sheriff of the county or
city wherein he was indicted, and held by him under such guard or guards as the sheriff
shall determine to be necessary, and as soon thereafter as possible, said convict shall be,
by the said sheriff delivered to the [warden of the Maryland Penitentiary] DIVISION OF
CORRECTION, to await the execution of his sentence [by the said warden as aforesaid].
No expense incident to the detention of the said convict in the [Maryland Penitentiary]
DIVISION OF CORRECTION, including the expense of guarding, lodging, feeding, clothing
and caring for such convict, shall be assessed against, billed to or paid by the county
commissioners of the county where said convict was indicted, or the Mayor and City
Council of Baltimore, if indicted in Baltimore City.

No expense incident to the guarding, lodging, feeding, clothing and caring for any
person sentenced to any State institution shall be assessed against, billed to or paid by the
county commissioners of the county where such person was indicted, or the Mayor and
City Council of Baltimore, if indicted in Baltimore City, irrespectively of whether or not
the judgment, upon which such sentence is imposed, is thereafter reversed.

77.

Should the condemned felon, while in the custody of the [warden of the Maryland
Penitentiary] COMMISSIONER OF CORRECTION or the sheriff of the county or city
where he was indicted, be granted a reprieve by the Governor, or should the execution of
the sentence be stayed by any competent judicial proceeding, notice of such reprieve or
stay of execution shall be served upon the [said warden] COMMISSIONER OF
CORRECTION or sheriff, as well as upon the condemned felon, and the [said warden]
COMMISSIONER OF CORRECTION or sheriff shall yield obedience to the same, and said
felon shall remain in the custody of [said warden] COMMISSIONER OF CORRECTION or
sheriff where he happens to be at the time of that notice. In any subsequent proceeding
the mandate of the court having regard to the condemned felon shall be served upon the
[warden] COMMISSIONER OF CORRECTION or sheriff, then having said felon in
custody, as well as the said felon. Should the said felon be resentenced by the court, then
the proceedings shall be as hereinbefore provided under the original sentence. Should a
new trial be granted such condemned felon after he has been conveyed to [the
penitentiary] AN INSTITUTION OR FACILITY UNDER THE JURISDICTION OF THE
DIVISION OF CORRECTION, then he shall be conveyed back to the place of trial by such
guard or guards as the [warden] COMMISSIONER OF CORRECTION may direct, their
expenses to be paid as is now provided by law for the conveyance of convicts to [the
house of correction] AN INSTITUTION OR FACILITY UNDER THE JURISDICTION OF
THE DIVISION OF CORRECTION.

410.

All murder which shall be committed in the perpetration of, or attempt to
perpetrate, any rape in any degree, sexual offense in the first or second degree, sodomy,

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