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PARRIS N. GLENDENING, Governor
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Ch. 26
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(III) EVIDENCE OF A PRIOR CRIMINAL CONVICTION, GUILTY PLEA,
PLEA OF NOLO CONTENDERE, OR THE ABSENCE OF ANY PRIOR CONVICTIONS OR
PLEAS, TO THE SAME EXTENT THAT THE EVIDENCE WOULD BE ADMISSIBLE IN
OTHER SENTENCING PROCEDURES;
(IV) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, ANY
PRESENTENCE INVESTIGATION REPORT; AND
(V) ANY OTHER EVIDENCE THE COURT FINDS TO HAVE PROBATIVE
VALUE AND RELEVANCE TO SENTENCING, IF THE DEFENDANT HAS A FAIR
OPPORTUNITY TO REBUT ANY STATEMENT.
(2) A RECOMMENDATION IN A PRESENTENCE INVESTIGATION REPORT
AS TO A SENTENCE IS NOT ADMISSIBLE IN A SENTENCING PROCEEDING.
(3) THE STATE AND THE DEFENDANT OR COUNSEL FOR THE
DEFENDANT MAY PRESENT ARGUMENT FOR OR AGAINST THE SENTENCE OF DEATH.
(F) JURY INSTRUCTIONS.
(1) AFTER THE EVIDENCE IS PRESENTED TO THE JURY IN THE
SENTENCING PROCEEDING, THE COURT SHALL:
(I) GIVE ANY APPROPRIATE INSTRUCTIONS ALLOWED BY LAW;
AND
(II) INSTRUCT THE JURY AS TO:
1. THE FINDINGS THAT THE JURY MUST MAKE TO
DETERMINE WHETHER THE DEFENDANT SHALL BE SENTENCED TO DEATH,
IMPRISONMENT FOR LIFE WITHOUT THE POSSIBILITY OF PAROLE, OR
IMPRISONMENT FOR LIFE; AND
2. THE BURDEN OF PROOF APPLICABLE TO THE FINDINGS
UNDER SUBSECTION (G)(2) OR (I)(1) AND (2) OF THIS SECTION.
(2) THE COURT MAY NOT INSTRUCT THE JURY THAT THE JURY IS TO
ASSUME THAT A SENTENCE OF LIFE IMPRISONMENT IS FOR THE NATURAL LIFE OF
THE DEFENDANT.
(G) CONSIDERATION OF AGGRAVATING CIRCUMSTANCES.
(1) IN DETERMINING A SENTENCE UNDER SUBSECTION (B) OF THIS
SECTION, THE COURT OR JURY FIRST SHALL CONSIDER WHETHER ANY OF THE
FOLLOWING AGGRAVATING CIRCUMSTANCES EXISTS BEYOND A REASONABLE
DOUBT:
(I) ONE OR MORE PERSONS COMMITTED THE MURDER OF A LAW
ENFORCEMENT OFFICER WHILE THE OFFICER WAS PERFORMING THE OFFICER'S
DUTIES;
(II) THE DEFENDANT COMMITTED THE MURDER WHILE CONFINED
IN A CORRECTIONAL FACILITY;
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- 223 -
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