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PARRIS N. GLENDENING, Governor
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Ch. 26
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"imprisonment for life" is an aggravating circumstance for considering the
death penalty, committing a murder while under a sentence of
"imprisonment for life without the possibility of parole", a defined term, is
not specifically included as an aggravating circumstance. The General
Assembly may wish to address this apparent omission.
Defined terms: "Correctional facility" § 1-101
"Imprisonment for life without the possibility of parole" § 2-101
"Inmate" § 1-101
"Person" § 1-101
2-304. SAME — SENTENCING PROCEDURE IMPRISONMENT FOR LIFE WITHOUT THE
POSSIBILITY OF PAROLE.
(A) IN GENERAL.
(1) IF THE STATE GAVE NOTICE UNDER § 2-203(1} OF THIS TITLE, BUT
DID NOT GIVE NOTICE OF INTENT TO SEEK THE DEATH PENALTY UNDER § 2-202(A)(1)
OF THIS TITLE, THE COURT SHALL CONDUCT A SEPARATE SENTENCING PROCEEDING
AS SOON AS PRACTICABLE AFTER THE DEFENDANT IS FOUND GUILTY OF MURDER IN
THE FIRST DEGREE TO DETERMINE WHETHER THE DEFENDANT SHALL BE
SENTENCED TO IMPRISONMENT FOR LIFE WITHOUT THE POSSIBILITY OF PAROLE OR
TO IMPRISONMENT FOR LIFE.
(2) IF THE STATE GAVE NOTICE UNDER BOTH §§ 2~202(A)(1) AND 2-203(1)
OF THIS TITLE, BUT THE COURT OR JURY DETERMINES THAT THE DEATH SENTENCE
MAY NOT BE IMPOSED, THAT COURT OR JURY SHALL DETERMINE WHETHER THE
DEFENDANT SHALL BE SENTENCED TO IMPRISONMENT FOR LIFE WITHOUT THE
POSSIBILITY OF PAROLE OR TO IMPRISONMENT FOR LIFE.
(B) FINDINGS.
(1) A DETERMINATION BY A JURY TO IMPOSE A SENTENCE OF
IMPRISONMENT FOR LIFE WITHOUT THE POSSIBILITY OF PAROLE MUST BE
UNANIMOUS.
(2) IF THE JURY FINDS THAT A SENTENCE OF IMPRISONMENT FOR LIFE
WITHOUT THE POSSIBILITY OF PAROLE SHALL BE IMPOSED, THE COURT SHALL
IMPOSE A SENTENCE OF IMPRISONMENT FOR LIFE WITHOUT THE POSSIBILITY OF
PAROLE.
(3) IF, WITHIN A REASONABLE TIME, THE JURY IS UNABLE TO AGREE TO
IMPOSITION OF A SENTENCE OF IMPRISONMENT FOR LIFE WITHOUT THE
POSSIBILITY OF PAROLE, THE COURT SHALL IMPOSE A SENTENCE OF
IMPRISONMENT FOR LIFE.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 413(k)(5) through (8).
In subsection (a)(1) of this section, the phrase "after the defendant is found
guilty of murder in the first degree" is substituted for the former phrase
"after the trial has been completed" to reflect that the sentencing
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- 229 -
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