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Ch. 26
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PARRIS N. GLENDENING, Governor
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(1) IF A JURY DETERMINES THAT A DEATH SENTENCE SHALL BE
IMPOSED UNDER THE PROVISIONS OF THIS SECTION, THE COURT SHALL IMPOSE A
DEATH SENTENCE.
(2) IF, WITHIN A REASONABLE TIME, THE JURY IS UNABLE TO AGREE AS
TO WHETHER A DEATH SENTENCE SHALL BE IMPOSED, THE COURT MAY NOT IMPOSE
A DEATH SENTENCE.
(3) IF THE SENTENCING PROCEEDING IS CONDUCTED BEFORE A COURT
WITHOUT A JURY, THE COURT SHALL DETERMINE WHETHER A DEATH SENTENCE
SHALL BE IMPOSED UNDER THE PROVISIONS OF THIS SECTION.
(4) IF THE COURT OR JURY DETERMINES THAT A DEATH SENTENCE MAY
NOT BE IMPOSED AND THE STATE GAVE NOTICE UNDER § 2-203(1) OF THIS TITLE, A
DETERMINATION SHALL BE MADE CONCERNING IMPRISONMENT FOR LIFE WITHOUT
THE POSSIBILITY OF PAROLE UNDER § 2-304 OF THIS SUBTITLE.
(5) IF THE COURT OR JURY DETERMINES THAT A DEATH SENTENCE MAY
NOT BE IMPOSED AND IF THE STATE DID NOT GIVE NOTICE UNDER § 2-203(1) OF THIS
TITLE, THE COURT SHALL IMPOSE A SENTENCE OF IMPRISONMENT FOR LIFE.
(K) CERTIFICATION OF PROCEEDINGS.
(1) IMMEDIATELY AFTER THE IMPOSITION OF A DEATH SENTENCE:
(I) THE CLERK OF THE COURT IN WHICH SENTENCE IS IMPOSED,
IF DIFFERENT FROM THE COURT WHERE THE INDICTMENT OR INFORMATION WAS
FILED, SHALL CERTIFY THE PROCEEDINGS TO THE CLERK OF THE COURT WHERE
THE INDICTMENT OR INFORMATION WAS FILED; AND
(II) THE CLERK OF THE COURT WHERE THE INDICTMENT OR
INFORMATION WAS FILED SHALL COPY THE DOCKET ENTRIES IN THE INMATE'S
CASE, SIGN THE COPIES, AND DELIVER THEM TO THE GOVERNOR
(2) THE DOCKET ENTRIES SHALL SHOW FULLY THE SENTENCE OF THE
COURT AND THE DATE THAT THE SENTENCE WAS ENTERED.
(L) METHOD OF IMPOSING DEATH SENTENCE.
IF THE DEFENDANT IS SENTENCED TO DEATH, THE COURT BEFORE WHICH THE
DEFENDANT IS TRIED AND CONVICTED SHALL SENTENCE THE DEFENDANT TO
DEATH BY INTRAVENOUS ADMINISTRATION OF A LETHAL QUANTITY OF AN
ULTRASHORT-ACTING BARBITURATE OR OTHER SIMILAR DRUG IN COMBINATION
WITH A CHEMICAL PARALYTIC AGENT.
REVISOR'S NOTE: All but subsection (a)(2)(i) of this section is new language
derived without substantive change from former Art. 27, §§ 413A, 414A,
627, and 413(a) through (d), the introductory language of (e), (e)(2) and (3),
(f) through (j), (k)(1) through (4), and (m).
Subsection (a)(2)(i) of this section is new language substituted for the
former reference to an "institution for the detention or confinement of
persons charged with or convicted of a crime, including Patuxent
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- 227 -
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