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Ch. 26
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2002 LAWS OF MARYLAND
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(1) AT LEAST 30 DAYS BEFORE TRIAL, THE STATE GAVE WRITTEN
NOTICE TO THE DEFENDANT OF THE STATE'S INTENTION TO SEEK A SENTENCE OF
IMPRISONMENT FOR LIFE WITHOUT THE POSSIBILITY OF PAROLE; AND
(2) THE SENTENCE OF IMPRISONMENT FOR LIFE WITHOUT THE
POSSIBILITY OF PAROLE IS IMPOSED IN ACCORDANCE WITH § 2-304 OF THIS TITLE.
REVISOR'S NOTE: All but item (2) of this section is new language derived
without substantive change from former Art. 27, § 412(g)(2), and, as it
related to limitations on sentencing to life imprisonment without parole,
the second sentence of (b).
Item (2) of this section is new language added for clarity and consistency
with § 2-202(a)(3) of this subtitle.
Defined term: "Imprisonment for life without the possibility of parole" § 2-101
2-204. MURDER IN THE SECOND DEGREE.
(A) IN GENERAL.
A MURDER THAT IS NOT IN THE FIRST DEGREE UNDER § 2-201 OF THIS
SUBTITLE IS IN THE SECOND DEGREE.
(B) PENALTY.
A PERSON WHO COMMITS A MURDER IN THE SECOND DEGREE IS GUILTY OF A
FELONY AND ON CONVICTION IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 30
YEARS.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, §§ 411 and 412(d).
In subsection (a) of this section, the reference to a "murder that is not in
the first degree under § 2-201 of this subtitle" is substituted for the former
reference to "[a]ll other kinds of murder" for clarity.
In subsection (b) of this section, the phrase "guilty of a felony" is added for
clarity and consistency within this article. Murder is one of the original
felonies at common law; the statutory division of the crime into two
degrees does not alter the felonious character of the crime or its
common-law status. See Newton v. State, 280 Md. 260 (1977).
Defined term: "Person" § 1-101
2-205. ATTEMPT TO COMMIT MURDER IN THE FIRST DEGREE.
A PERSON WHO ATTEMPTS TO COMMIT MURDER IN THE FIRST DEGREE IS
GUILTY OF A FELONY AND ON CONVICTION IS SUBJECT TO IMPRISONMENT NOT
EXCEEDING LIFE.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 411A(b).
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- 216 -
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