|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
PARRIS N. GLENDENING, Governor
|
|
Ch. 26
|
|
|
|
|
|
|
|
|
|
|
|
|
|
A. WILLFULLY, DELIBERATELY, AND WITH PREMEDITATION
INTENDED THE DEATH OF THE LAW ENFORCEMENT OFFICER;
B. WAS A MAJOR PARTICIPANT IN THE MURDER, AND
C. WAS ACTUALLY PRESENT AT THE TIME AND PLACE OF
THE MURDER; AND
(3) THE SENTENCE OF DEATH IS IMPOSED IN ACCORDANCE WITH § 2-303
OF THIS TITLE.
(B) LIMITATIONS.
(1) IN THIS SUBSECTION, A DEFENDANT IS "MENTALLY RETARDED" IF:
(I) THE DEFENDANT HAD SIGNIFICANTLY BELOW AVERAGE
INTELLECTUAL FUNCTIONING, AS SHOWN BY AN INTELLIGENCE QUOTIENT OF 70 OR
BELOW ON AN INDIVIDUALLY ADMINISTERED INTELLIGENCE QUOTIENT TEST AND
AN IMPAIRMENT IN ADAPTIVE BEHAVIOR; AND
(II) THE MENTAL RETARDATION WAS MANIFESTED BEFORE THE
AGE OF 22 YEARS.
(2) A DEFENDANT MAY NOT BE SENTENCED TO DEATH, BUT SHALL BE
SENTENCED TO IMPRISONMENT FOR LIFE WITHOUT THE POSSIBILITY OF PAROLE
SUBJECT TO THE REQUIREMENTS OF § 2-203(1) OF THIS SUBTITLE OR
IMPRISONMENT FOR LIFE, IF THE DEFENDANT:
(I) WAS UNDER THE AGE OF 18 YEARS AT THE TIME OF THE
MURDER; OR
(II) PROVES BY A PREPONDERANCE OF THE EVIDENCE THAT AT
THE TIME OF THE MURDER THE DEFENDANT WAS MENTALLY RETARDED.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, §§ 413(e)(1) and 412(f)(1) and (3), (g)(1), and,
as it related to limitations on sentencing to death, the second sentence of
(b).
Subsection (a)(2) of this section is revised as a substantive provision based
on the definitions of "defendant" and "person" in former Art. 27, § 413(e)(1)
that limited who might receive a death sentence.
Defined term: "Imprisonment for life without the possibility of parole" § 2-101
2-203. SAME — SENTENCE OF IMPRISONMENT FOR LIFE WITHOUT THE POSSIBILITY
OF PAROLE.
A DEFENDANT FOUND GUILTY OF MURDER IN THE FIRST DEGREE MAY BE
SENTENCED TO IMPRISONMENT FOR LIFE WITHOUT THE POSSIBILITY OF PAROLE
ONLY IF:
|
|
|
|
|
|
|
|
|
|
- 215 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
