EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0087*
HOUSE BILL 87
E1, E2 4lr0520
(PRE–FILED)
By: Delegate Mangione
Requested: August 28, 2023
Introduced and read first time: January 10, 2024
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Criminal Law – Death Penalty 2
FOR the purpose of providing that a person who is convicted of first–degree murder may 3
be sentenced to death under certain circumstances; establishing certain procedures 4
relating to custody, warrant of execution, incompetency, method of execution, 5
witnesses, certificate, disposition of body, notice, trial, sentencing, review, and 6
appeal in relation to the imposition of the death penalty; and generally relating to 7
the death penalty. 8
BY adding to 9
Article – Correctional Services 10
Section 3–901 through 3–909 to be under the new subtitle “Subtitle 9. Death Penalty 11
Procedures” 12
Annotated Code of Maryland 13
(2017 Replacement Volume and 2023 Supplement) 14
BY repealing and reenacting, with amendments, 15
Article – Correctional Services 16
Section 4–101(e)(2), 4–305(b)(2), 6–112(c), and 7–301(d)(2) 17
Annotated Code of Maryland 18
(2017 Replacement Volume and 2023 Supplement) 19
BY repealing and reenacting, with amendments, 20
Article – Courts and Judicial Proceedings 21
Section 3–8A–03(d)(1), 3–8A–06(a), 8–404, 8–420, 9–204, and 12–307 22
Annotated Code of Maryland 23
(2020 Replacement Volume and 2023 Supplement) 24
BY repealing and reenacting, with amendments, 25
Article – Criminal Procedure 26 2 HOUSE BILL 87
Section 3–105(b), 3–106(b), 3–107(a), 4–204(b), 5–101(c), 7–101, 7–103(b), and 1
7–107(b) 2
Annotated Code of Maryland 3
(2018 Replacement Volume and 2023 Supplement) 4
BY adding to 5
Article – Criminal Procedure 6
Section 7–201 through 7–204 to be under the new subtitle “Subtitle 2. Proceedings 7
After Death Sentences”; and 8–108 and 11–404 8
Annotated Code of Maryland 9
(2018 Replacement Volume and 2023 Supplement) 10
BY repealing and reenacting, with amendments, 11
Article – Criminal Law 12
Section 2–201(b), 2–304(a), 2–305, and 14–101 13
Annotated Code of Maryland 14
(2021 Replacement Volume and 2023 Supplement) 15
BY adding to 16
Article – Criminal Law 17
Section 2–202, 2–301, and 2–303; and 2–401 to be under the new subtitle “Subtitle 18
4. Review by Supreme Court of Maryland” 19
Annotated Code of Maryland 20
(2021 Replacement Volume and 2023 Supplement) 21
BY repealing and reenacting, with amendments, 22
Article – Health – General 23
Section 8–505(b) 24
Annotated Code of Maryland 25
(2023 Replacement Volume) 26
BY repealing and reenacting, with amendments, 27
Article – Transportation 28
Section 16–812(a) 29
Annotated Code of Maryland 30
(2020 Replacement Volume and 2023 Supplement) 31
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 32
That the Laws of Maryland read as follows: 33
Article – Correctional Services 34
SUBTITLE 9. DEATH PENALTY PROCEDURES . 35
3–901. 36
(A) WHENEVER AN INDIVIDUA L IS SENTENCED TO DE ATH, THE JUDGE OF 37 HOUSE BILL 87 3
THE COURT IN WHICH T HE CONVICTION TAKES PLACE SHALL CAUSE TH E 1
INDIVIDUAL TO BE TAK EN INTO CUSTODY BY T HE SHERIFF OF THE CO UNTY IN WHICH 2
THE INDIVIDUAL WAS I NDICTED. 3
(B) (1) WHILE AN INCARCERATED INDIVID UAL IS IN THE CUSTODY OF 4
THE SHERIFF, THE SHERIFF SHALL : 5
(I) HOLD THE INCARCERATED INDIVID UAL UNDER GUARD AS 6
THE SHERIFF DETERMIN ES TO BE NECESSARY ; AND 7
(II) KEEP THE INCARCERATED INDIVID UAL IN SOLITARY 8
CONFINEMENT IN THE S AME MANNER AS IS REQ UIRED WHEN THE INCARCERATED 9
INDIVIDUAL IS IN THE CUSTODY OF THE DEPARTMENT . 10
(2) AS SOON AS POSSIBLE , THE SHERIFF SHALL DE LIVER THE 11
INCARCERATED INDIVID UAL TO THE DEPARTMENT TO AWAIT T HE EXECUTION OF 12
THE INCARCERATED INDIVID UAL’S SENTENCE. 13
(C) THE EXPENSES OF THE DEPARTMENT RELATING T O THE DETENTION OF 14
AN INCARCERATED INDIVID UAL UNDER SENTENCE OF DE ATH, INCLUDING THE 15
EXPENSES OF GUARDING , LODGING, FEEDING, CLOTHING, AND CARING FOR THE 16
INCARCERATED INDIVID UAL, MAY NOT BE ASSESSED AGAINST, BILLED TO, OR PAID 17
BY THE COUNTY IN WHI CH THE INCARCERATED INDIVID UAL WAS INDICTED. 18
3–902. 19
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 20
INDICATED. 21
(2) (I) “STATE POSTCONVICTION REVIEW PROCESS ” MEANS THE 22
INITIAL ADJUDICATION OF A POSTCONVICTION PETITION FILED UNDER § 23
7–103 OF THE CRIMINAL PROCEDURE ARTICLE, INCLUDING ANY APPELL ATE 24
REVIEW OF THE POSTCO NVICTION PROCEEDING . 25
(II) “STATE POSTCONVICTIO N REVIEW PROCESS ” DOES NOT 26
INCLUDE: 27
1. A POSTCONVICTION PRO CEEDING THAT HAS BEE N 28
REOPENED UNDER § 7–104 OF THE CRIMINAL PROCEDURE ARTICLE OR ANY 29
APPELLATE REVIEW OF THE PROCEEDING ; OR 30
2. A POSTCONVICTION PRO CEEDING ON A SECOND 31
PETITION FILED BEFO RE OCTOBER 1, 1995, OR ANY APPELLATE REV IEW OF THE 32 4 HOUSE BILL 87
PROCEEDING . 1
(3) “WARRANT OF EXECUTION ” MEANS A WARRANT FOR THE 2
EXECUTION OF A SENTE NCE OF DEATH ON THE INDIVIDUAL AGAINST W HOM THE 3
SENTENCE WAS IMPOSED . 4
(B) A WARRANT OF EXECUTION SHALL: 5
(1) STATE THE CONVICTION AND S ENTENCE; 6
(2) DESIGNATE A 5–DAY PERIOD, BEGINNING ON A MONDAY, WITHIN 7
WHICH THE SENTENCE M UST BE EXECUTED ; AND 8
(3) COMMAND THE SECRETARY TO CARRY OU T THE DEATH PENALTY 9
ON A DAY WITHIN THE DESIGNATED PERIOD . 10
(C) AT THE TIME AN IND IVIDUAL IS SENTENCED TO DEATH, THE JUDGE 11
PRESIDING IN THE COU RT SHALL ISSUE A WAR RANT OF EXECUTION DI RECTED TO 12
THE SECRETARY. 13
(D) (1) A WARRANT OF EXECUTION IS STAYED DURING THE DIRECT 14
REVIEW PROCESS AND T HE STATE POSTCONVICTION REVIEW PROCESS . 15
(2) IF THE ORIGINAL WARRANT OF EXECUTION HAS NOT EXPIRED AT 16
THE END OF THE STATE POSTCONVICTION REVIEW PROCESS , THE JUDGE WHO 17
IMPOSED THE SENTENCE OF DEATH OR THE JUDG E THEN PRESIDING IN THE COURT 18
IN WHICH THE SENTENC E WAS IMPOSED SHALL LIFT THE STAY IMPOSE D UNDER 19
PARAGRAPH (1) OF THIS SUBSECTION . 20
(3) IF THE ORIGINAL WARRA NT OF EXECUTION HAS EXPIRED AT THE 21
END OF THE STATE POSTCONVICTION REVIEW PROCESS , THE JUDGE WHO IMPOSE D 22
THE SENTENCE OF DEAT H OR THE JUDGE THEN PRESIDING IN THE COU RT IN WHICH 23
THE SENTENCE WAS IMPOSED SHALL IS SUE ANOTHER WARRANT OF EXECUTION . 24
(E) (1) IF THE GOVERNOR IS SATISFIED THAT A MEDICAL EXAMI NATION 25
SHOWS THAT AN INCARCERATED INDIVID UAL IS PREGNANT, THE GOVERNOR SHALL 26
REVOKE A WARRANT OF EXECUTION FOR THE INCARCERATED INDIVID UAL. 27
(2) AS SOON AS THE GOVERNOR IS SATISFIED THAT THE 28
INCARCERATED INDIVID UAL IS NO LONGER PREGNAN T, THE GOVERNOR PROMPTLY 29
SHALL ISSUE ANOTHER WARRANT OF EXECUTION . 30
(F) (1) THE GOVERNOR MAY GRANT A STAY OF A WARRANT OF 31 HOUSE BILL 87 5
EXECUTION FOR ANY CA USE. 1
(2) IF THE GOVERNOR GRANTS A STA Y UNDER THIS SUBSECT ION: 2
(I) THE GOVERNOR SHALL ISSUE AN ORDER REVOKING TH E 3
WARRANT OF EXECUTION ; AND 4
(II) THE SENTENCE OF DEAT H MAY NOT BE EXECUTE D UNTIL 5
THE GOVERNOR ISSUES ANOTH ER WARRANT OF EXECUT ION. 6
(3) THE GOVERNOR PR OMPTLY SHALL NOTIFY THE SECRETARY OF 7
AN ORDER THAT REVOKE S A WARRANT OF EXECU TION. 8
(G) (1) THE SECRETARY SHALL SET A TIME, WITHIN THE PERIOD 9
DESIGNATED IN THE WA RRANT OF EXECUTION , WHEN THE SENTENCE OF DEATH 10
SHALL BE EXECUTED . 11
(2) NO PREVIOUS ANNOUNCE MENT OF THE DAY OR T IME OF THE 12
EXECUTION MAY BE MAD E EXCEPT TO THOSE WH O ARE INVITED OR ALL OWED TO BE 13
PRESENT AS PROVIDED IN THIS SUBTITLE. 14
3–903. 15
(A) IN THIS SECTION, “OFFICIAL” MEANS: 16
(1) THE SECRETARY; OR 17
(2) THE SHERIFF OF THE C OUNTY IN WHICH AN INCARCERATED 18
INDIVIDUAL WAS INDICTED. 19
(B) (1) IF THE GOVERNOR GRANTS A REP RIEVE TO AN INCARCERATED 20
INDIVIDUAL UNDER SENTENCE OF DE ATH OR A COURT IMPOS ES A STAY ON THE 21
EXECUTION OF A SENTE NCE OF DEATH , THE GOVERNOR OR THE COURT SHALL 22
SERVE NOTICE OF THE REPRIEVE OR STAY ON : 23
(I) THE INCARCERATED INDIVID UAL; AND 24
(II) THE OFFICIAL WHO HAS CUSTODY OF THE INCARCERATED 25
INDIVIDUAL. 26
(2) THE OFFICIAL WHO HAS CUSTODY OF THE INCARCERATED 27
INDIVIDUAL SHALL OBEY THE REPRI EVE OR STAY. 28
6 HOUSE BILL 87
(C) AN INCARCERATED INDIVID UAL WHO IS GRANTED A REP RIEVE OR STAY 1
SHALL REMAIN IN THE CUSTODY OF THE OFFIC IAL WHO RECEIVES NOT ICE UNDER 2
SUBSECTION (B)(1)(II) OF THIS SECTION. 3
(D) (1) IN ANY SUBSEQUENT JUD ICIAL PROCEEDING , THE COURT SHALL 4
SERVE ANY COURT ORDE R REGARDING AN INCARCERATED INDIVID UAL ON: 5
(I) THE INCARCERATED INDIVID UAL; AND 6
(II) THE OFFICIAL WHO HAS CUSTODY OF THE INCARCERATED 7
INDIVIDUAL. 8
(2) IF A COURT RESENTENCE S AN INCARCERATED INDIVID UAL TO 9
DEATH, THE PROVISIONS OF TH IS SUBTITLE SHALL AP PLY TO THE NEW SENTE NCE 10
IN THE SAME MANNER A S THE ORIGINAL SENTE NCE. 11
(3) (I) IF A NEW TRIAL IS GRA NTED TO AN INCARCERATED 12
INDIVIDUAL WHO IS IN THE CUSTOD Y OF THE SECRETARY, THE INCARCERATED 13
INDIVIDUAL SHALL BE TRANSPORTED BACK TO THE PLACE OF TRIAL UNDER GUARD 14
AS THE SECRETARY DIRECTS . 15
(II) THE EXPENSES RELATING TO THE TRANSPORTATIO N OF AN 16
INCARCERATED INDIVID UAL BACK TO THE PLACE OF TRIAL UN DER SUBPARAGRAPH 17
(I) OF THIS PARAGRAPH SH ALL BE PAID BY THE DEPARTMENT . 18
3–904. 19
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 20
INDICATED. 21
(2) “INCARCERATED INDIVIDU AL” MEANS AN INDIVIDUAL WHO HAS 22
BEEN CONVICTED OF MURDER AND SENTENCED TO DEATH. 23
(3) “INCOMPETENT ” MEANS THE STATE OF M IND OF AN 24
INCARCERATED INDIVIDU AL WHO, AS A RESULT OF A MEN TAL DISORDER OR AN 25
INTELLECTUAL DISABIL ITY, LACKS AWARENESS : 26
(I) OF THE FACT OF THE INCARCERATED INDIVIDU AL’S 27
IMPENDING EXECUTION; AND 28
(II) THAT THE INCARCERATED INDIVIDU AL IS TO BE EXECUTED 29
FOR THE CRIME OF MUR DER. 30
HOUSE BILL 87 7
(B) AN INCARCERATED INDIVIDUAL IS NOT INCOMPETENT U NDER THIS 1
SECTION MERELY BECAU SE THE INCARCERATED INDIVIDU AL’S COMPETENCE 2
DEPENDS ON CONTINUIN G TREATME NT, INCLUDING THE USE OF MEDICATION. 3
(C) THE STATE MAY NOT EXECUTE A SENTENCE OF DEATH AGAINST AN 4
INCARCERATED INDIVIDU AL WHO HAS BECOME INCOM PETENT. 5
(D) (1) A PETITION THAT ALLEGE S THAT AN INCARCERATED INDIVIDUAL 6
IS INCOMPETENT AND T HAT SEEKS TO REVOK E A WARRANT OF EXECU TION AGAINST 7
THE INCARCERATED INDIVIDU AL MAY BE FILED BY: 8
(I) THE INCARCERATED INDIVIDUAL; 9
(II) IF THE INCARCERATED INDIVIDU AL IS REPRESENTED BY 10
COUNSEL, COUNSEL FOR THE INCARCERATED INDIVIDU AL; OR 11
(III) IF THE INCARCERATED INDIVIDUAL IS NOT REPRESENTED 12
BY COUNSEL, ANY OTHER PERSON ON THE INCARCERATED INDIVIDU AL’S BEHALF. 13
(2) THE PETITION SHALL BE FILED IN THE CIRCUIT COURT OF THE 14
COUNTY IN WHICH THE INCARCERATED INDIVIDU AL IS CONFINED. 15
(3) ON THE FILING OF THE PETITION, THE COURT MAY STAY A NY 16
WARRANT OF EXECUTION THAT WAS ISSUED PREV IOUSLY AND HAS NOT Y ET 17
EXPIRED. 18
(4) THE PETITION MUST BE ACCOMPANIED BY AN AF FIDAVIT OF AT 19
LEAST ONE PSYCHIATRI ST THAT: 20
(I) IS BASED, AT LEAST IN PART, ON PERSONAL EXAMINATION ; 21
(II) STATES THAT, IN THE PSYCHIATRIST ’S MEDICAL OPINION , 22
THE INCARCERATED INDIVIDU AL IS INCOMPETENT ; AND 23
(III) STATES THE PERTINENT FACTS ON WHICH THE O PINION IS 24
BASED. 25
(5) A COPY OF THE PETITION SHALL BE SERVED ON T HE ATTORNEY 26
GENERAL AND THE OFFICE OF THE STATE’S ATTORNEY THAT PROSECU TED THE 27
INCARCERATED INDIVIDU AL, IN ACCORDANCE WITH T HE SERVICE REQUIREME NTS 28
OF THE MARYLAND RULES. 29
(6) UNLESS THE INCARCERATED INDIVIDU AL IS ALREADY 30 8 HOUSE BILL 87
REPRESENTED BY COUNS EL, THE COURT PROMPTLY S HALL APPOINT A PUBLIC 1
DEFENDER OR , IF THE PUBLIC DEFEND ER FOR GOOD CAUSE DE CLINES 2
REPRESENTATION , OTHER COUNSEL TO REP RESENT THE INCARCERATED 3
INDIVIDUAL IN THE PROCEEDING . 4
(7) UNLESS THE STATE’S ATTORNEY STIPULATES T HAT THE 5
INCARCERATED INDIVID UAL IS INCOMPETENT, THE STATE’S ATTORNEY SHALL 6
CAUSE THE INCARCERATED INDIVID UAL TO BE EXAMINED AND E VALUATED BY ONE 7
OR MORE PSYCHIATRIST S SELECTED BY THE STATE’S ATTORNEY. 8
(8) IF THE INCARCERATED INDIVID UAL’S PETITION IS REASON ABLE 9
AND MADE IN A TIMELY MANNER, THE INCARCERATED INDIVID UAL IS ENTITLED TO 10
BE INDEPENDENTLY EXA MINED BY A PSYCHIATR IST THAT THE INCARCERATED 11
INDIVIDUAL SELECTS. 12
(9) UNLESS, WITH THE COURT ’S APPROVAL, THE PARTIES WAIVE A 13
HEARING, THE ADMINISTRATIVE J UDGE OF THE COURT SH ALL DESIGNATE A TIM E 14
FOR AN EVIDENTIARY H EARING TO DETERMINE THE INCARCERATED INDIVID UAL’S 15
COMPETENCE . 16
(E) (1) A HEARING UNDER THIS S ECTION SHALL BE HELD WITHOUT A 17
JURY: 18
(I) IN COURT; 19
(II) AT THE PLACE WHERE T HE INCARCERATED INDIVID UAL IS 20
CONFINED; OR 21
(III) AT ANOTHER CONVENIENT P LACE. 22
(2) AT THE HEARING, AN INCARCERATED INDIVID UAL: 23
(I) SUBJECT TO REASONABL E RESTRICTIONS RELAT ED TO THE 24
INCARCERATED INDIVID UAL’S CONDITION, MAY BE PRESENT ; 25
(II) THROUGH COUNSEL , MAY OFFER EVIDENCE , 26
CROSS–EXAMINE WITNESSES AG AINST THE INCARCERATED INDIVID UAL, AND MAKE 27
ARGUMENT ; AND 28
(III) HAS THE BURDEN OF ES TABLISHING INCOMPETE NCE BY A 29
PREPONDERANCE OF THE EVIDENCE. 30
(F) THE COURT SHALL ENTER AN ORDER THAT : 31 HOUSE BILL 87 9
(1) DECLARES AN INCARCERATED INDIVID UAL TO BE EITHER 1
COMPETENT OR INCOMPE TENT; AND 2
(2) STATES THE FINDINGS ON WHICH THE DECLARA TION IS BASED. 3
(G) IF THE COURT FINDS AN INCARCERATED INDIVID UAL TO BE 4
COMPETENT , THE COURT IMMEDIATEL Y: 5
(1) SHALL LIFT ANY STAY OF A WARRANT OF EXEC UTION THAT WAS 6
ISSUED PREVIOUSLY AN D HAS NOT YET EXPIRE D; OR 7
(2) IF ALL PREVIOUSLY IS SUED WARRANTS OF EXE CUTION HAVE 8
EXPIRED, SHALL NOTIFY THE COU RT THAT IMPOSED THE SENTENCE OF DEATH AN D 9
REQUEST THAT THE COU RT ISSUE A NEW WARRA NT OF EXECUTION . 10
(H) (1) IF THE COURT FINDS AN INCARCERATED INDIVID UAL TO BE 11
INCOMPETENT , THE COURT SHALL : 12
(I) STAY ANY WARRANT OF EXECUTION THAT WAS I SSUED 13
PREVIOUSLY AND HAS N OT YET EXPIRED; AND 14
(II) REMAND THE CASE TO T HE COURT IN WHICH TH E SENTENCE 15
OF DEATH WAS IMPOSED . 16
(2) THE COURT IN WHICH TH E SENTENCE OF DEATH WAS IMPOSED 17
SHALL STRIKE THE SEN TENCE OF DEATH AND E NTER IN ITS PLACE A SENTENCE OF 18
IMPRISONMENT FOR LIF E WITHOUT THE POSSIB ILITY OF PAROLE. 19
(3) THE SENTENCE OF IMPRI SONMENT FOR LIFE WIT HOUT THE 20
POSSIBILITY OF PAROLE IMPOSED UNDER PARAGRAPH (2) OF THIS SUBSECTION I S 21
MANDATORY AND MAY NO T BE SUSPENDED WHOLL Y OR PARTLY. 22
(I) (1) THERE IS NO RIGHT OF APPEAL FROM AN ORDER ISSUED BY A 23
CIRCUIT COURT UNDER THIS SECTION. 24
(2) NOTWITHSTANDING PARAG RAPH (1) OF THIS SUBSECTION , 25
EITHER PARTY MAY SEE K REVIEW IN THE SUPREME COURT OF MARYLAND BY 26
FILING AN APPLICATIO N FOR LEAVE TO APPEA L IN ACCORDANCE WITH THE 27
MARYLAND RULES. 28
(3) IF AN APPLICATION FOR LEAVE TO APPEAL IS F ILED, THE 29
SUPREME COURT OF MARYLAND MAY STAY ANY WARRANT OF EXECUTION THAT WA S 30 10 HOUSE BILL 87
ISSUED PREVIOUSLY AN D HAS NOT EXPIRED . 1
(J) (1) NOT EARLIER THAN 6 MONTHS AFTER A FINDI NG OF 2
COMPETENCE , AN INCARCERATED INDIVID UAL MAY PETITION THE COU RT FOR A 3
REDETERMINATION OF C OMPETENCE. 4
(2) THE PETITION MUST BE ACCOMPANIED BY AN AF FIDAVIT OF AT 5
LEAST ONE PSYCHIATRI ST THAT: 6
(I) IS BASED, AT LEAST IN PART, ON PERSONAL EXAMINAT ION; 7
(II) STATES THAT, IN THE PSYCHIATRIST ’S MEDICAL OPINION , 8
THE INCARCERATED INDIVID UAL IS INCOMPETENT; 9
(III) STATES THAT THE INCO MPETENCE AROSE SINCE THE 10
PREVIOUS FINDING OF COMPETENCE ; AND 11
(IV) STATES THE PERTINENT FACTS ON WHICH EACH OPINION IS 12
BASED, INCLUDING THE FACTS THAT SHOW THE CHANGE IN THE INCARCERATED 13
INDIVIDUAL’S CONDITION SINCE T HE PREVIOUS FINDING . 14
(3) PROCEEDINGS ON A PETI TION UNDER THIS SUBS ECTION SHALL 15
BE IN ACCORDANCE WIT H SUBSECTIONS (D) THROUGH (I) OF THIS SECTION. 16
(K) THE MARYLAND RULES SHALL GOVERN : 17
(1) THE FORM OF PETITION S AND ALL OTHER PLEA DINGS; AND 18
(2) EXCEPT AS OTHERWISE PROVIDED IN THIS SEC TION, THE 19
PROCEDURES TO BE FOL LOWED BY THE CIRCUIT COURT IN DETERMINING 20
COMPETENCY OR INCOMP ETENCY AND BY THE SUPREME COURT OF MARYLAND IN 21
REVIEWING APPLICATIO NS FOR LEAVE TO APPE AL. 22
(L) THIS SECTION DOES NOT AFFECT THE POWER OF THE GOVERNOR TO 23
STAY EXECUTION OF A SENTENCE OF DEATH UN DER § 3–902(F) OF THIS SUBTITLE 24
OR TO COMMUTE A SENT ENCE OF DEATH UNDER § 7–601 OF THIS ARTICLE. 25
3–905. 26
(A) THE MANNER OF INFLICT ING THE PUNISHMENT O F DEATH SHALL BE 27
THE CONTINUOUS INTRA VENOUS ADMINISTRATIO N OF A LETHAL QUANTI TY OF AN 28
ULTRASHORT –ACTING BARBITURATE O R OTHER SIMILAR DRUG IN COMBINATION 29
WITH A CHEMICAL PARA LYTIC AGENT THAT REM AINS CONTINUOUS UNTI L A 30 HOUSE BILL 87 11
LICENSED PHYSICIAN P RONOUNCES DEATH ACCO RDING TO ACCEPTED ST ANDARDS 1
OF MEDICAL PRACTICE . 2
(B) (1) THE ADMINISTRATION OF THE LETHAL SUBSTANCE S REQUIRED 3
BY THIS SECTION IS N OT THE PRACTICE OF M EDICINE. 4
(2) NOTWITHSTANDING ANY O THER LAW , A PHARMACIST OR 5
PHARMACEUTICAL SUPPL IER MAY DISPENSE DRU GS, WITHOUT A PRESCRIPTI ON, TO 6
THE SECRETARY OR THE SECRETARY’S DESIGNEE TO CARRY OUT THIS SECTION . 7
3–906. 8
(A) THE SECRETARY SHALL : 9
(1) PROVIDE A SUITABLE A ND EFFICIENT PLACE , ENCLOSED FROM 10
PUBLIC VIEW, IN WHICH AN EXECUTION MAY BE CARRIED OUT ; 11
(2) PROVIDE ALL THE MATE RIALS THAT ARE NECES SARY TO 12
PERFORM THE EXECUTIO N; AND 13
(3) SUBJECT TO SUBSECTIO N (C) OF THIS SECTION , SELECT THE 14
INDIVIDUALS TO PERFO RM THE EXECUTION . 15
(B) THE SECRETARY OR THE SECRETARY’S DESIGNEE SHALL SUPER VISE 16
THE EXECUTION . 17
(C) (1) AN EXECUTION SHALL BE PERFORMED BY INDIVID UALS WHO ARE 18
SELECTED BY THE SECRETARY AND TRAINED TO ADMINISTER THE LE THAL 19
INJECTION. 20
(2) AN INDIVIDUAL WHO ADM INISTERS THE PARALYT IC AGENT AND 21
LETHAL INJECTION NEED NOT BE LICENSED OR CERTIFIED AS ANY TYPE OF HEALTH 22
CARE PRACTITIONER UN DER THE HEALTH OCCUPATIONS ARTICLE. 23
3–907. 24
(A) IN ADDITION TO THOSE INDIVIDUALS WHO ARE OTHERWISE REQUIRED 25
TO SUPERVISE , PERFORM, OR PARTICIPATE IN AN EXECUTION, THE SECRETARY 26
SHALL SELECT AT LEAS T 6 BUT NOT MORE THAN 12 RESPECTABLE CITIZENS TO 27
OBSERVE THE EXECUTIO N. 28
(B) COUNSEL FOR THE INCARCERATED INDIVID UAL AND A MEMBER OF THE 29
CLERGY MAY BE PRESEN T AT THE EXECUTION . 30 12 HOUSE BILL 87
3–908. 1
THE SECRETARY SHALL : 2
(1) PREPARE AND SIGN A C ERTIFICATE THAT STAT ES: 3
(I) THE TIME AND PLACE O F EXECUTION; AND 4
(II) THAT THE EXECUTION W AS CONDUCTED IN ACCO RDANCE 5
WITH THE SENTENCE OF THE COURT AND THE PR OVISIONS OF THIS SUB TITLE; 6
(2) REQUEST THAT EACH WI TNESS TO THE EXECUTI ON SIGN THE 7
CERTIFICATE; AND 8
(3) FILE THE CERTIFICATE WITHIN 10 DAYS AFTER THE EXECU TION 9
WITH THE CLERK OF TH E COURT IN THE COUNT Y IN WHICH THE INCARCERATED 10
INDIVIDUAL WAS INDICTED. 11
3–909. 12
(A) ON APPLICATION OF A R ELATIVE, THE BODY OF AN EXECU TED 13
INCARCERATED INDIVI DUAL SHALL BE RETURNED TO THE RELATIVE AT THE 14
RELATIVE’S COST. 15
(B) IF AN APPLICATION IS NOT MADE UNDER SUBSE CTION (A) OF THIS 16
SECTION, THE SECRETARY SHALL ARRAN GE FOR BURIAL. 17
4–101. 18
(e) (2) “Eligible person” does not include an individual who: 19
(i) is serving two or more sentences of imprisonment for life under 20
§ 2–201, [former] § 2–303, or § 2–304 of the Criminal Law Article; 21
(ii) is serving one or more sentences of imprisonment for life when a 22
court or jury has found under [former] § 2–303 of the Criminal Law Article, beyond a 23
reasonable doubt, that one or more aggravating circumstances existed; or 24
(iii) has been convicted of murder in the first degree, rape in the first 25
degree, or a sexual offense in the first degree, unless the sentencing judge, at the time of 26
sentencing or in the exercise of the judge’s revisory power under the Maryland Rules, 27
recommends that the individual be referred to the Institution for evaluation. 28
HOUSE BILL 87 13
4–305. 1
(b) (2) An incarcerated individual sentenced to life imprisonment as a result 2
of a proceeding under [former] § 2–303 or § 2–304 of the Criminal Law Article is not eligible 3
for parole consideration until the incarcerated individual has served 25 years or the 4
equivalent of 25 years when considering allowances for diminution of the incarcerated 5
individual’s period of confinement as provided under Title 3, Subtitle 7 of this article and § 6
6–218 of the Criminal Procedure Article. 7
6–112. 8
(c) (1) The Division shall complete a presentence investigation report in each 9
case in which THE DEATH PENALTY OR imprisonment for life without the possibility of 10
parole is requested under § 2–202 OR § 2–203 of the Criminal Law Article. 11
(2) The report shall include a victim impact statement as provided under § 12
11–402 of the Criminal Procedure Article. 13
(3) The court or jury before which the separate sentencing proceeding is 14
conducted under § 2–303 OR § 2–304 of the Criminal Law Article shall consider the report. 15
7–301. 16
(d) (2) An incarcerated individual who has been sentenced to life 17
imprisonment as a result of a proceeding under [former] § 2–303 or § 2–304 of the Criminal 18
Law Article is not eligible for parole consideration until the incarcerated individual has 19
served 25 years or the equivalent of 25 years considering the allowances for diminution of 20
the incarcerated individual’s term of confinement under § 6–218 of the Criminal Procedure 21
Article and Title 3, Subtitle 7 of this article. 22
Article – Courts and Judicial Proceedings 23
3–8A–03. 24
(d) The court does not have jurisdiction over: 25
(1) A child at least 14 years old alleged to have done an act that, if 26
committed by an adult, would be a crime punishable by DEATH OR life imprisonment, as 27
well as all other charges against the child arising out of the same incident, unless an order 28
removing the proceeding to the court has been filed under § 4–202 of the Criminal 29
Procedure Article; 30
3–8A–06. 31
(a) The court may waive the exclusive jurisdiction conferred by § 3–8A–03 of this 32
subtitle with respect to a petition alleging delinquency by: 33 14 HOUSE BILL 87
(1) A child who is 15 years old or older; or 1
(2) A child who has not reached [his] THE CHILD’S 15th birthday, but who 2
is charged with committing an act that, if committed by an adult, would be punishable by 3
DEATH OR life imprisonment. 4
8–404. 5
(a) Notwithstanding § 8–103(a) of this title, a trial judge may strike an individual 6
who is party in a civil case while the individual is entitled to a jury trial in the county. 7
(b) (1) Whenever more individuals than are needed to impanel a jury have 8
been summoned, an individual may be excused but only in accordance with rule or other 9
law. 10
(2) An individual who is summoned for jury service may be struck from a 11
particular jury only: 12
(i) In accordance with rule or other law, by a party on peremptory 13
challenge; 14
(ii) For good cause shown, by a trial judge on a challenge by a party; 15
or 16
(iii) Subject to paragraph (3) of this subsection, by a trial judge who 17
finds that: 18
1. The individual may be unable to render impartial jury 19
service; 20
2. The individual’s service likely would disrupt the 21
proceeding; or 22
3. The individual’s service may threaten the secrecy of a 23
proceeding or otherwise affect the integrity of the jury deliberations adversely. 24
(3) A trial judge may not strike an individual under paragraph (2)(iii)3 of 25
this subsection, unless the judge states on the record: 26
(i) Each reason for the strike; and 27
(ii) A finding that the strike is warranted and not inconsistent with 28
§§ 8–102(a) and (b) and 8–104 of this title. 29
(4) An individual struck under this subsection may serve on another jury 30
for which the basis for the strike is irrelevant. 31 HOUSE BILL 87 15
(C) (1) A TRIAL JUDGE MAY STRI KE AN INDIVIDUAL ON THE BASIS OF THE 1
INDIVIDUAL’S BELIEF FOR OR AGAI NST CAPITAL PUNISHME NT ONLY IF THE JUDGE 2
FINDS THAT THE BELIE F WOULD PREVENT OR S UBSTANTIALLY IMPAIR THE 3
INDIVIDUAL FROM RETU RNING AN IMPARTIAL V ERDICT ACCORDING TO LAW. 4
(2) AN INDIVIDUAL STRUCK UNDER THIS SUBSECTIO N MAY SERVE ON 5
ANOTHER JURY FOR WHI CH THE BASIS FOR THE STRIKE IS IRRELEVANT . 6
8–420. 7
(a) (1) This subsection applies only in a criminal trial in which a defendant is 8
subject, on any single count, to [a]: 9
(I) A DEATH SENTENCE BECAU SE THE STATE HAS GIVEN 10
NOTICE OF INTENTION TO SEEK A DEATH SENT ENCE IN ACCORDANCE W ITH § 11
2–202 OF THE CRIMINAL LAW ARTICLE; OR 12
(II) A sentence of life imprisonment, INCLUDING A CASE IN WHICH 13
THE STATE HAS NOT GIVEN N OTICE OF INTENTION TO SEEK A DEAT H SENTENCE IN 14
ACCORDANCE WITH § 2–202 OF THE CRIMINAL LAW ARTICLE BUT excluding a 15
common law offense for which no specific statutory penalty is provided. 16
(2) Each defendant is allowed 20 peremptory challenges. 17
(3) The State is allowed 10 peremptory challenges for each defendant. 18
(b) (1) This subsection applies only in a criminal trial in which a defendant is 19
subject, on any single count, to a sentence of at least 20 years, excluding a case subject to 20
subsection (a) of this section or a common law offense for which no specific statutory penalty 21
is provided. 22
(2) Each defendant is allowed 10 peremptory challenges. 23
(3) The State is allowed five peremptory challenges for each defendant. 24
(c) In every other criminal trial, each party is allowed four peremptory 25
challenges. 26
9–204. 27
(A) The court that issued an execution on a forfeited recognizance for a witness 28
who failed to appear may discharge the witness from execution upon motion showing good 29
and sufficient cause for the failure. 30
16 HOUSE BILL 87
(B) THIS SECTION DOES NOT APPLY IN A CASE IF CAPITAL PUNISHMENT MA Y 1
BE INVOLVED. 2
12–307. 3
The Supreme Court of Maryland has: 4
(1) Jurisdiction to review a case or proceeding pending in or decided by the 5
Appellate Court of Maryland in accordance with Subtitle 2 of this title; 6
(2) Jurisdiction to review a case or proceeding decided by a circuit court, in 7
accordance with § 12–305 of this subtitle; [and] 8
(3) Exclusive appellate jurisdiction with respect to a question of law 9
certified to it under the Uniform Certification of Questions of Law Act; AND 10
(4) EXCLUSIVE APPELLATE J URISDICTION OVER A C RIMINAL CASE IN 11
WHICH THE DEATH PENA LTY IS IMPOSED AND A NY APPELLATE PROCEED ING UNDER 12
§ 3–904 OF THE CORRECTIONAL SERVICES ARTICLE. 13
Article – Criminal Procedure 14
3–105. 15
(b) [On] EXCEPT IN A CAPITAL C ASE, ON consideration of the nature of the 16
charge, the court: 17
(1) may require or allow the examination to be done on an outpatient basis; 18
and 19
(2) if an outpatient examination is authorized, shall set bail for the 20
defendant or authorize release of the defendant on recognizance. 21
3–106. 22
(b) [If] EXCEPT IN A CAPITAL C ASE, IF, after a hearing, the court finds that the 23
defendant is incompetent to stand trial but is not dangerous, as a result of a mental disorder 24
or [mental retardation] INTELLECTUAL DISABIL ITY, to self or the person or property of 25
others, the court may set bail for the defendant or authorize release of the defendant on 26
recognizance. 27
3–107. 28
(a) Whether or not the defendant is confined and unless the State petitions the 29
court for extraordinary cause to extend the time, the court shall dismiss the charge against 30
a defendant found incompetent to stand trial under this subtitle: 31 HOUSE BILL 87 17
(1) WHEN CHARGED WITH A CAPITAL OFFENSE , AFTER THE 1
EXPIRATION OF 10 YEARS; 2
(2) when charged with a felony or a crime of violence as defined under § 3
14–101 of the Criminal Law Article, after the lesser of the expiration of 5 years or the 4
maximum sentence for the most serious offense charged; or 5
[(2)] (3) when charged with an offense not covered under item (1) OR (2) 6
of this subsection, after the lesser of the expiration of 3 years or the maximum sentence for 7
the most serious offense charged. 8
4–204. 9
(b) Except for a sentencing proceeding under § 2–303 OR § 2–304 of the Criminal 10
Law Article: 11
(1) the distinction between an accessory before the fact and a principal is 12
abrogated; and 13
(2) an accessory before the fact may be charged, tried, convicted, and 14
sentenced as a principal. 15
5–101. 16
(c) A defendant may not be released on personal recognizance if the defendant is 17
charged with: 18
(1) a crime listed in § 5–202(d) of this title after having been convicted of a 19
crime listed in § 5–202(d) of this title; or 20
(2) a crime punishable by DEATH OR life imprisonment without parole. 21
7–101. 22
This title applies to a person convicted in any court in the State who is: 23
(1) confined under sentence of DEATH OR imprisonment; or 24
(2) on parole or probation. 25
7–103. 26
(b) (1) Unless extraordinary cause is shown, IN A CASE IN WHICH A 27
SENTENCE OF DEATH HA S NOT BEEN IMPOSED , a petition under this subtitle may not 28
be filed more than 10 years after the sentence was imposed. 29 18 HOUSE BILL 87
(2) IN A CASE IN WHICH A SENTENCE OF DEATH HA S BEEN IMPOSED , 1
SUBTITLE 2 OF THIS TITLE GOVERNS THE TIME OF FILING A PETITION. 2
7–107. 3
(b) (1) In a case in which a person challenges the validity of confinement under 4
a sentence of DEATH OR imprisonment by seeking the writ of habeas corpus or the writ of 5
coram nobis or by invoking a common law or statutory remedy other than this title, a person 6
may not appeal to the Supreme Court of Maryland or the Appellate Court of Maryland. 7
(2) This subtitle does not bar an appeal to the Appellate Court of Maryland: 8
(i) in a habeas corpus proceeding begun under § 9–110 of this 9
article; or 10
(ii) in any other proceeding in which a writ of habeas corpus is 11
sought for a purpose other than to challenge the legality of a conviction of a crime or 12
sentence of DEATH OR imprisonment for the conviction of the crime, including confinement 13
as a result of a proceeding under Title 4 of the Correctional Services Article. 14
SUBTITLE 2. PROCEEDINGS AFTER DEATH SENTENCES. 15
7–201. 16
(A) SUBJECT TO SUBSECTION (B) OF THIS SECTION, IN A CASE IN WHICH A 17
SENTENCE OF DEATH H AS BEEN IMPOSED , THE CIRCUIT COURT MA Y NOT EXERCISE 18
JURISDICTION OVER A PROCEEDING UNDER THI S TITLE UNLESS THE P ETITION IS 19
FILED WITHIN 210 DAYS AFTER: 20
(1) THE SUPREME COURT OF THE UNITED STATES PASSES AN ORDE R 21
DENYING A PETITION F OR A WRIT OF CERTIOR ARI; 22
(2) THE SUPREME COURT OF THE UNITED STATES MAKES A 23
DECISION AFFIRMING T HE SENTENCE OF DEATH ; OR 24
(3) IF NO REVIEW IS SOUG HT, THE TIME FOR SEEKING REVIEW BY THE 25
SUPREME COURT OF THE UNITED STATES EXPIRES. 26
(B) THE CIRCUIT COURT MAY EXTEND THE PERIOD WITHIN WHICH THE 27
PETITION SHALL BE FI LED IF GOOD CAUSE FO R THE EXTENSION IS S HOWN. 28
7–202. 29
NOTWITHSTANDING ANY O THER LAW AND SUBJECT TO § 7–203 OF THIS 30 HOUSE BILL 87 19
SUBTITLE, A WARRANT OF EXECUTI ON SHALL BE STAYED F OR 210 DAYS AFTER: 1
(1) THE SUPREME COURT OF THE UNITED STATES PASSES AN ORDE R 2
DENYING ANY PETITION FOR A WRIT OF CERTIO RARI; 3
(2) THE SUPREME COURT OF THE UNITED STATES MAKES A 4
DECISION AFFIRMING T HE SENTENCE OF DEATH ; OR 5
(3) IF NO REVIEW IS SOUG HT, THE TIME FOR SEEKING REVIEW BY THE 6
SUPREME COURT OF THE UNITED STATES EXPIRES. 7
7–203. 8
(A) A DEFENDANT IN A CASE IN WHICH A SENTENCE OF DEATH HAS BEEN 9
IMPOSED MAY WAIVE TH E RIGHT TO FILE A PE TITION UNDER THIS TI TLE BEFORE 10
THE EXPIRATION OF TH E 210–DAY PERIOD ESTABLISH ED IN § 7–201 OF THIS 11
SUBTITLE IF THE WAIVER IS KNOWING, VOLUNTARY , INTELLIGENT, AND IN WRITING. 12
(B) A DEFENDANT IN A CASE IN WHICH A SENTENCE OF DEATH HAS BEEN 13
IMPOSED MAY REVOKE A WAIVER UNDER SUBSECT ION (A) OF THIS SECTION NOT 14
LATER THAN 15 DAYS BEFORE THE SCHE DULED DATE OF EXECUTION BY: 15
(1) FILING A PETITION FO R POSTCONVICTION REL IEF UNDER THIS 16
TITLE; OR 17
(2) WITHDRAWING THE WAIV ER IN WRITING. 18
(C) A WAIVER OF THE RIGHT TO FILE A PETITION U NDER THIS TITLE 19
BEFORE THE EXPIRATIO N OF THE 210–DAY PERIOD ESTABLISH ED IN § 7–201 OF 20
THIS SUBTITLE ENDS T HE STATE POSTCONVICTION REVIEW PROCESS FOR 21
PURPOSES OF § 3–902 OF THE CORRECTIONAL SERVICES ARTICLE. 22
(D) (1) THE REVOCATION OF A W AIVER UNDER SUBSECTI ON (B)(1) OF 23
THIS SECTION CONTINU ES THE STATE POSTCONVICTION REVIEW PROCESS FO R 24
PURPOSES OF § 3–902 OF THE CORRECTIONAL SERVICES ARTICLE. 25
(2) THE REVOCATION OF A W AIVER UNDER SUBSECTI ON (B)(2) OF 26
THIS SECTION CONTINU ES THE STATE POSTCONVICTION REVIEW PROCESS FOR 27
PURPOSES OF § 3–902 OF THE CORRECTIONAL SERVICES ARTICLE UNTIL THE 28
EARLIER OF: 29
(I) THE FILING OF A PETI TION FOR POSTCONVICT ION RELIEF; 30
OR 31 20 HOUSE BILL 87
(II) THE EXPIRATION OF TH E 210–DAY PERIOD ESTABLISH ED IN 1
§ 7–201 OF THIS SUBTITLE . 2
7–204. 3
(A) (1) THE DATE FOR A HEARIN G ON A PETITION FILE D IN A CASE IN 4
WHICH A SENTENCE OF DEATH HAS BEEN IMPOS ED SHALL: 5
(I) BE SET WITHIN 30 DAYS AFTER THE DAY O N WHICH THE 6
PETITION IS FILED; AND 7
(II) OCCUR WITHIN 90 DAYS AFTER THE DAY O N WHICH THE 8
PETITION IS FILED. 9
(2) AFTER THE HEARING DAT E IS SET UNDER PARAG RAPH (1)(I) OF 10
THIS SUBSECTION, THE COURT MAY NOT CH ANGE THE DATE UNLESS A PARTY FILES 11
A MOTION REQUESTING THE CHANGE AND SHOWS GOOD CAUSE FOR THE C HANGE. 12
(3) THE COURT SHALL ISSUE A DECISION ON A PETI TION FILED IN A 13
CASE IN WHICH A SENT ENCE OF DEATH HAS BE EN IMPOSED WITHIN 90 DAYS AFTER 14
THE HEARING ON THE P ETITION. 15
(B) A PARTY MAY ENFORCE TH IS SECTION THROUGH T HE FILING OF A 16
PETITION FOR WRIT OF MANDAMUS IN THE SUPREME COURT OF MARYLAND. 17
8–108. 18
(A) THE REVIEW OF A SENTE NCE OF DEATH IS GOVE RNED BY TITLE 2, 19
SUBTITLE 4 OF THE CRIMINAL LAW ARTICLE. 20
(B) A REVIEW PANEL MAY NOT INCREASE A SENTENCE TO THE SENTENCE 21
OF DEATH. 22
11–404. 23
(A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION, A VICTIM’S 24
REPRESENTATIVE HAS T HE SAME RIGHT TO ADD RESS THE JURY IN A D EATH 25
PENALTY SENTENCING AS A VICT IM’S REPRESENTATIVE HAS TO ADDRESS A COURT 26
UNDER § 11–403 OF THIS SUBTITLE. 27
(B) (1) ON MOTION OF A DEFEND ANT OR THE STATE OR ON THE COURT ’S 28
OWN INITIATIVE , THE COURT IN A DEATH PENALTY SENTENCING M AY HOLD A 29 HOUSE BILL 87 21
HEARING OUTSIDE THE PRESENCE OF THE JURY TO DET ERMINE WHETHER A 1
VICTIM’S REPRESENTATIVE MAY PRESENT AN ORAL ADDR ESS TO THE JURY. 2
(2) IF THE COURT DETERMIN ES THAT PART OF A VI CTIM’S 3
REPRESENTATIVE ’S ORAL ADDRESS WILL BE SO UNDULY PREJUDI CIAL THAT IT 4
RENDERS THE JURY SEN TENCING PRO CEEDING FUNDAMENTALL Y UNFAIR, THE 5
COURT MAY LIMIT THE PREJUDICIAL PORTION OF THE ORAL ADDRESS . 6
(C) A VICTIM’S REPRESENTATIVE WHO HAS BEEN DENIED A RI GHT 7
PROVIDED UNDER THIS SECTION MAY FILE AN APPLICATION FOR LEAV E TO APPEAL 8
IN THE MANNER PROVID ED UNDER § 11–103 OF THIS TITLE. 9
Article – Criminal Law 10
2–201. 11
(b) (1) A person who commits a murder in the first degree is guilty of a felony 12
and on conviction shall be sentenced to: 13
(i) DEATH; 14
(II) imprisonment for life without the possibility of parole; or 15
[(ii)] (III) imprisonment for life. 16
(2) Unless a SENTENCE OF DEATH IS IMPOSED IN COMPLIANC E WITH 17
§ 2–202 OF THIS SUBTITLE AND SUBTITLE 3 OF THIS TITLE, OR A sentence of 18
imprisonment for life without the possibility of parole is imposed in compliance with § 19
2–203 of this subtitle and § 2–304 of this title, the sentence shall be imprisonment for life. 20
2–202. 21
(A) A DEFENDANT FOUND GUIL TY OF MURDER IN THE FIRST DEGREE MAY 22
BE SENTENCED TO DEAT H ONLY IF: 23
(1) AT LEAST 30 DAYS BEFORE TRIAL , THE STATE GAVE WRITTEN 24
NOTICE TO THE DEFEND ANT OF: 25
(I) THE STATE’S INTENTION TO SEEK A SENTENCE OF DEATH ; 26
AND 27
(II) EACH AGGRAVATING CIRCUMST ANCE ON WHICH THE STATE 28
INTENDS TO RELY ; 29
22 HOUSE BILL 87
(2) (I) WITH RESPECT TO § 2–303(G) OF THIS TITLE, EXCEPT FOR § 1
2–303(G)(1)(I) AND (VII) OF THIS TITLE, THE DEFENDANT WAS A PRINCIPAL IN THE 2
FIRST DEGREE; OR 3
(II) WITH RESPECT TO § 2–303(G)(1)(I) OF THIS TITLE, A LAW 4
ENFORCEME NT OFFICER, AS DEFINED IN § 2–303(A) OF THIS TITLE, WAS MURDERED 5
AND THE DEFENDANT WA S: 6
1. A PRINCIPAL IN THE F IRST DEGREE; OR 7
2. A PRINCIPAL IN THE S ECOND DEGREE WHO : 8
A. WILLFULLY, DELIBERATELY , AND WITH 9
PREMEDITATION INTEND ED THE DEATH OF THE LAW ENFORCEMENT OFFI CER; 10
B. WAS A MAJOR PARTICIP ANT IN THE MURDER ; AND 11
C. WAS ACTUALLY PRESENT AT THE TIME AND PLAC E OF 12
THE MURDER ; AND 13
(3) THE SENTENCE OF DEAT H IS IMPOSED IN ACCORDANC E WITH § 14
2–303 OF THIS TITLE. 15
(B) (1) IN THIS SUBSECTION , A DEFENDANT HAS AN I NTELLECTUAL 16
DISABILITY IF: 17
(I) THE DEFENDANT HAS SI GNIFICANTLY BELOW –AVERAGE 18
INTELLECTUAL FUNCTIO NING AS SHOWN BY AN INTELLIGENCE QUOTIEN T OF 70 OR 19
BELOW ON AN INDIVIDU ALLY ADMINISTERED IN TELLIGENCE QUOTIENT TEST AND 20
AN IMPAIRMENT IN ADA PTIVE BEHAVIOR ; AND 21
(II) THE INTELLECTUAL DI SABILITY WAS MANIFES T BEFORE 22
THE AGE OF 22 YEARS. 23
(2) A DEFENDANT MAY NOT BE SENTENCED TO DEATH B UT SHALL BE 24
SENTENCED TO IMPRISO NMENT FOR LIFE WITHO UT THE POSSIBILITY O F PAROLE 25
SUBJECT TO THE REQUI REMENTS OF § 2–203(1) OF THIS SUBTITLE OR 26
IMPRISONMENT FOR LIFE IF THE DEFE NDANT: 27
(I) WAS UNDER THE AGE OF 18 YEARS AT THE TIME OF THE 28
MURDER; OR 29
(II) PROVES BY A PREPONDE RANCE OF THE EVIDENC E THAT AT 30 HOUSE BILL 87 23
THE TIME OF THE MURD ER THE DEFENDANT HAD AN INTELLECTUAL DISA BILITY. 1
2–301. 2
(A) THE STATE’S ATTORNEY SHALL FILE W ITH THE CLERK OF THE 3
SUPREME COURT OF MARYLAND A COPY OF EACH: 4
(1) NOTICE OF INTENT TO SEEK A SENTENCE OF D EATH; AND 5
(2) WITHDRAWAL OF NOTICE OF INTENT TO SEEK A SENTENCE OF 6
DEATH. 7
(B) THE FAILURE OF A STATE’S ATTORNEY TO GIVE TIME LY NOTICE TO THE 8
CLERK OF THE SUPREME COURT OF MARYLAND UNDER SUBSECTION (A)(1) OF THIS 9
SECTION DOES NOT AFF ECT THE VALIDITY OF A NOTICE OF INTENT T O SEEK A 10
SENTENCE OF DEATH TH AT IS SERVED ON THE DEFENDANT IN A TIMELY MANNER . 11
2–303. 12
(A) (1) IN THIS SECTION, “CORRECTIONAL FACILITY ” HAS THE MEANING 13
STATED IN § 1–101 OF THIS ARTICLE. 14
(2) “CORRECTIONAL FACILITY ” INCLUDES: 15
(I) AN INSTITUTION FOR T HE CONFINEMENT OR DE TENTION OF 16
JUVENILES CHARGED WI TH OR ADJUDICATED AS BEING DELINQUENT ; AND 17
(II) A HOSPITAL IN WHICH A PERSON IS CONFINED UNDER AN 18
ORDER OF A COURT EXE RCISING CRIMINAL JUR ISDICTION. 19
(B) IF THE STATE GAVE NOTICE UND ER § 2–202(A)(1) OF THIS TITLE, A 20
SEPARATE SENTENCING PROCEEDING SHALL BE HELD AS SOON AS PRAC TICABLE 21
AFTER A DEFENDANT IS FOUND GUILTY OF MURD ER IN THE FIRST DEGR EE TO 22
DETERMINE WHETHER TH E DEFENDANT SHALL BE SENTENCED TO DEATH . 23
(C) THE SENTENCING PROCEE DING UNDER SUBSECTIO N (B) OF THIS 24
SECTION SHALL BE CON DUCTED: 25
(1) BEFORE THE JURY THAT DETERMINED THE DEFEN DANT’S GUILT; 26
(2) BEFORE A JURY IMPANE LED FOR PURPOSES OF THE PROCEEDING 27
IF: 28
24 HOUSE BILL 87
(I) THE DEFENDANT WAS CO NVICTED BASED ON A GU ILTY 1
PLEA; 2
(II) THE DEFENDANT WAS CO NVICTED AFTER A TRIA L BY A 3
COURT SITTING WITHOU T A JURY; 4
(III) THE COURT, FOR GOOD CAUSE , DISCHARGED THE JURY 5
THAT CONVICTED THE D EFENDANT; OR 6
(IV) A COURT OF COMPETENT JURISDICTION REMANDE D THE 7
CASE FOR RESENTENCIN G FOLLOWING A REVIEW OF THE ORIGINAL SENT ENCE OF 8
DEATH; OR 9
(3) BEFORE THE COURT , IF THE DEFENDANT WAI VES A JURY 10
SENTENCING PROCEEDIN G. 11
(D) (1) A JUDGE SHALL APPOINT AT LEAST TWO AL TERNATE JURORS 12
WHEN IMPANELING A JU RY FOR ANY PROCEEDIN G: 13
(I) IN WHICH THE DEFENDA NT IS BEING TRIED FO R A CRIME 14
FOR WHICH THE DEATH PENALTY MAY BE IMPOS ED; OR 15
(II) THAT IS HELD UNDER T HIS SECTION. 16
(2) THE ALTERNATE JURORS SHALL BE RETAINED TH ROUGHOUT THE 17
PROCEEDINGS UNDER AN Y RESTRICTIONS THAT THE JUDGE IMPOSES . 18
(3) SUBJECT TO PARAGRAPH (4) OF THIS SUBSECTION , IF A JUROR 19
DIES, IS DISQUALIFIED, BECOMES INCAPACITATE D, OR IS DISCHARGED FOR ANY 20
OTHER REASON BEFORE THE JUR Y BEGINS ITS DELIBER ATIONS ON SENTENCING , AN 21
ALTERNATE JUROR BECO MES A JUROR IN THE O RDER SELECTED AND SE RVES IN ALL 22
RESPECTS AS A JUROR SELECTED ON THE REGU LAR TRIAL PANEL . 23
(4) AN ALTERNATE JUROR MA Y NOT REPLACE A JURO R WHO IS 24
DISCHARGED DURING THE A CTUAL DELIBERATIONS OF THE JURY ON THE G UILT OR 25
INNOCENCE OF THE DEF ENDANT OR ON SENTENC ING. 26
(E) (1) THE FOLLOWING TYPES O F EVIDENCE ARE ADMIS SIBLE IN A 27
SENTENCING PROCEEDIN G: 28
(I) EVIDENCE RELATING TO A MITIGATING CIRCUMS TANCE 29
THAT IS LISTED UNDER SUBSECTION (H) OF THIS SECTION; 30
HOUSE BILL 87 25
(II) EVIDENCE RELATING TO AN AGGRAVATING CIRCU MSTANCE: 1
1. THAT IS LISTED UNDER SUBSECTION (G) OF THIS 2
SECTION; AND 3
2. OF WHICH THE STATE PROVIDED NOTICE UNDER § 4
2–202(A)(1)(II) OF THIS TITLE; 5
(III) EVIDENCE OF A PRIOR CRIMINAL CONVICTION , GUILTY 6
PLEA, PLEA OF NOLO CONTEND ERE, OR THE ABSENCE OF AN Y PRIOR CONVICTIONS 7
OR PLEAS, TO THE SAME EXTENT T HAT THE EVIDENCE WOU LD BE ADMISSIBLE IN 8
OTHER SENTENCING PRO CEDURES; 9
(IV) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , ANY 10
PRESENTENCE INVESTIG ATION REPORT ; AND 11
(V) ANY OTHER EVIDENCE T HE COURT FINDS TO HA VE 12
PROBATIVE VALUE AND RELEVANCE TO SENTENC ING, IF THE DEFENDANT HAS A 13
FAIR OPPORTUNITY TO REBUT ANY STATEMENT . 14
(2) A RECOMMENDATION IN A PRESENTENCE INVESTIG ATION 15
REPORT AS TO A SENTE NCE IS NOT ADMISSIBL E IN A SENTENCING PR OCEEDING. 16
(3) THE STATE AND THE DEFENDA NT OR COUNSEL FOR TH E 17
DEFENDANT MAY PRESEN T ARGUMENT FOR OR AG AINST THE SENTENCE O F DEATH. 18
(F) (1) AFTER THE EVIDENCE IS PR ESENTED TO THE JURY IN THE 19
SENTENCING PROCEEDIN G, THE COURT SHALL : 20
(I) GIVE ANY APPROPRIATE INSTRUCTIONS ALLOWED BY LAW; 21
AND 22
(II) INSTRUCT THE JURY AS TO: 23
1. THE FINDINGS THAT TH E JURY MUST MAKE TO 24
DETERMINE WHETHER TH E DEFENDANT SHALL BE SENTENCED TO DEATH , 25
IMPRISONMENT FOR LIF E WITHOUT THE POSSIB ILITY OF PAROLE , OR 26
IMPRISONMENT FOR LIF E; AND 27
2. THE BURDEN OF PROOF APPLICABLE TO THE 28
FINDINGS UNDER SUBSE CTION (G)(2) OR (I)(1) AND (2) OF THIS SECTION. 29
(2) THE COURT MAY NOT INS TRUCT THE JURY THAT THE JURY IS TO 30 26 HOUSE BILL 87
ASSUME THAT A SENTEN CE OF LIFE IMPRISONM ENT IS FOR THE NATUR AL LIFE OF 1
THE DEFENDANT . 2
(G) (1) IN DETERMINING A SENT ENCE UNDER SUBSECTIO N (B) OF THIS 3
SECTION, THE COURT OR JURY FI RST SHALL CONSIDER WHETHER ANY OF THE 4
FOLLOWING AGGRAVATIN G CIRCUMSTANCES EXIS TS BEYOND A REASONABLE 5
DOUBT: 6
(I) ONE OR MORE PERSONS COMMITTED THE MURDER OF A 7
LAW ENFORCEMENT OFFI CER WHILE THE OFFICE R WAS PERFORMING THE 8
OFFICER’S DUTIES; 9
(II) THE DEFENDANT COMMIT TED THE MURDER WHILE 10
CONFINED IN A CORREC TIONAL FACILITY; 11
(III) THE DEFENDANT COMMIT TED THE MURDER IN 12
FURTHERANCE OF AN ES CAPE FROM , AN ATTEMPT TO ESCAPE FROM , OR AN 13
ATTEMPT TO EVADE LAW FUL ARREST, CUSTODY, OR DETENTION BY : 14
1. A GUARD OR OFFICER O F A CORRECTIONAL FAC ILITY; 15
OR 16
2. A LAW ENFORCEMENT OF FICER; 17
(IV) THE VICTIM WAS TAKEN OR ATTEMPTED TO BE T AKEN IN 18
THE COURSE OF AN ABD UCTION, A KIDNAPPING, OR AN ATTEMPT TO ABD UCT OR 19
KIDNAP; 20
(V) THE VICTIM WAS A CHI LD ABDUCTED IN VIOLA TION OF § 21
3–503(A)(1) OF THIS ARTICLE; 22
(VI) THE DEFENDANT COMMIT TED THE MURDER UNDER AN 23
AGREEMENT OR CONTRAC T FOR REMUNERATION O R PROMISE OF REMUNERATION 24
TO COMMIT THE MURDER ; 25
(VII) THE DEFENDANT EMPLOY ED OR ENGAGED ANOTHE R TO 26
COMMIT THE MURDER AN D THE MURDER WAS COM MITTED UNDER AN AGRE EMENT 27
OR CONTRACT FOR REMU NERATION OR PROMISE OF REMUNERATION ; 28
(VIII) THE DEFENDANT COMMIT TED THE MURD ER WHILE UNDER 29
A SENTENCE OF DEATH OR IMPRISONMENT FOR LIFE; 30
(IX) THE DEFENDANT COMMIT TED MORE THAN ONE MU RDER IN 31 HOUSE BILL 87 27
THE FIRST DEGREE ARI SING OUT OF THE SAME INCIDENT; OR 1
(X) THE DEFENDANT COMMIT TED THE MURDER WHILE 2
COMMITTING OR ATTEMP TING TO COMMIT : 3
1. ARSON IN THE FIRST D EGREE; 4
2. CARJACKING OR ARMED CARJACKING; 5
3. RAPE; OR 6
4. ROBBERY UNDER § 3–402 OR § 3–403 OF THIS 7
ARTICLE. 8
(2) IF THE COURT OR JURY DOES NOT FIND THAT ONE OR MORE OF 9
THE AGGRAVATING CIRC UMSTANCE S EXIST BEYOND A REASONABLE DOUBT : 10
(I) THE COURT OR JURY SH ALL STATE THAT CONCL USION IN 11
WRITING; AND 12
(II) A DEATH SENTENCE MAY NOT BE IMPOSED . 13
(H) (1) IN THIS SUBSECTION , “CRIME OF VIOLENCE ” HAS THE MEANING 14
STATED IN § 14–101 OF THIS ARTICLE. 15
(2) IF THE COURT OR JURY FIND S BEYOND A REASONABL E DOUBT 16
THAT ONE OR MORE OF THE AGGRAVATING CIRC UMSTANCE S UNDER SUBSECTION 17
(G) OF THIS SECTION EXIS T, THE COURT OR JURY TH EN SHALL CONSIDER WH ETHER 18
ANY OF THE FOLLOWING MITIGATING CIRCUMSTA NCES EXIST BASED ON A 19
PREPONDERANCE OF THE EVIDENCE: 20
(I) THE DEFENDANT PREVIO USLY HAS NOT: 21
1. BEEN FOUND GUILTY OF A CRIME OF VIOLENCE ; 22
2. ENTERED A GUILTY PLE A OR A PLEA OF NOLO 23
CONTENDERE TO A CHAR GE OF A CRIME OF VIO LENCE; OR 24
3. RECEIVED PROBATION B EFORE JUDGMENT FOR A 25
CRIME OF VIOLENCE ; 26
(II) THE VICTIM WAS A PARTICIPANT IN THE CONDUCT OF THE 27
DEFENDANT OR CONSENT ED TO THE ACT THAT C AUSED THE VICTIM’S DEATH; 28 28 HOUSE BILL 87
(III) THE DEFENDANT ACTED UNDER SUBSTANTIAL DU RESS, 1
DOMINATION , OR PROVOCATION OF AN OTHER, BUT NOT SO SUBSTANTI AL AS TO 2
CONSTITUTE A COMPLET E DEFENSE TO THE PRO SECUTION; 3
(IV) THE MURDER WAS COMMI TTED WHILE THE CAPAC ITY OF 4
THE DEFENDANT TO APP RECIATE THE CRIMINAL ITY OF THE DEFENDANT ’S 5
CONDUCT OR TO CONFOR M THAT CONDUCT TO TH E REQUIREMENTS OF LA W WAS 6
SUBSTANTIALLY IMPAIR ED DUE TO EMOTIONAL DISTURBANCE , MENTAL DISORDER , 7
OR MENTAL INCAPACITY ; 8
(V) THE DEFENDANT WAS OF A YOUTHFUL AGE AT TH E TIME OF 9
THE MURDER ; 10
(VI) THE ACT OF THE DEFEN DANT WAS NOT THE SOL E 11
PROXIMATE CAUSE OF T HE VICTIM’S DEATH; 12
(VII) IT IS UNLIKELY THAT THE DEFENDANT WILL E NGAGE IN 13
FURTHER CRI MINAL ACTIVITY THAT WOULD BE A CONTINUIN G THREAT TO SOCIETY ; 14
OR 15
(VIII) ANY OTHER FACT THAT THE COURT OR JURY SP ECIFICALLY 16
SETS FORTH IN WRITIN G AS A MITIGATING CI RCUMSTANCE IN THE CA SE. 17
(I) (1) IF THE COURT OR JURY FINDS THAT ONE OR MO RE OF THE 18
MITIGATING CIRCUMSTANCE S UNDER SUBSECTION (H) OF THIS SECTION EXIS T, THE 19
COURT OR JURY SHALL DETERMINE BY A PREPO NDERANCE OF THE EVID ENCE 20
WHETHER THE AGGRAVAT ING CIRCUMSTANCE S UNDER SUBSECTION (G) OF THIS 21
SECTION OUTWEIGH THE MITIGATING CIRCUMSTA NCES. 22
(2) IF THE COURT OR JURY FINDS THAT THE AGGRA VATING 23
CIRCUMSTANCE S: 24
(I) OUTWEIGH THE MITIGAT ING CIRCUMSTANCES , A DEATH 25
SENTENCE SHALL BE IM POSED; OR 26
(II) DO NOT OUTWEIGH THE MITIGATING CIRCUMSTA NCES, A 27
DEATH SENTENCE MAY N OT BE IMPOSED. 28
(3) IF THE DETERMINATION IS BY A JURY, A DECISION TO IMPOSE A 29
DEATH SENTENCE MUST BE UNANIMOUS AND SHA LL BE SIGNED BY THE JURY 30
FOREPERSON . 31
HOUSE BILL 87 29
(4) A COURT OR JURY SHALL PUT ITS DETERMINATIO N IN WRITING 1
AND SHALL STATE SPEC IFICALLY: 2
(I) EACH AGGRAVATING C IRCUMSTANCE FOUND ; 3
(II) EACH MITIGATING CIRC UMSTANCE FOUND ; 4
(III) WHETHER ANY AGGRAVATING CIRCUMST ANCES FOUND 5
UNDER SUBSECTION (G) OF THIS SECTION OUTW EIGH THE MITIGATING 6
CIRCUMSTANCES FOUND UNDER SUBSECTION (H) OF THIS SECTION; 7
(IV) WHETHER THE AGGRAVAT ING CIRCUMSTANCE S FOUND 8
UNDER SUBSECTION (G) OF THIS SECTION DO N OT OUTWEIGH THE MITI GATING 9
CIRCUMSTANCES FOUND UNDER SUBSECTION (H) OF THIS SECTION; AND 10
(V) THE SENTENCE DETERMI NED UNDER SUBSECTION (G)(2) OF 11
THIS SECTION OR PARA GRAPHS (1) AND (2) OF THIS SUBSECTION . 12
(J) (1) IF A JURY DETERMINES THAT A DEATH SENTENC E SHALL BE 13
IMPOSED UNDER THE PR OVISIONS OF THIS SEC TION, THE COURT SHALL IMPO SE A 14
DEATH SENTENCE . 15
(2) IF, WITHIN A REASONABLE TIME, THE JURY IS UNABLE T O AGREE 16
AS TO WHETHER A DEATH SENTENCE SHALL BE IM POSED, THE COURT MAY NOT 17
IMPOSE A DEATH SENTE NCE. 18
(3) IF THE SENTENCING PRO CEEDING IS CONDUCTED BEFORE A 19
COURT WITHOUT A JURY , THE COURT SHALL DETE RMINE WHETHER A DEAT H 20
SENTENCE SHALL BE IM POSED UNDER THE PROV ISIONS OF THIS SECTIO N. 21
(4) IF THE COURT OR JURY DETERMINES THAT A DE ATH SENTENCE 22
MAY NOT BE IMPOSED A ND THE STATE GAVE NOTICE UND ER § 2–203(1) OF THIS 23
TITLE, A DETERMINATION SHAL L BE MADE CONCERNING IMPRISONMENT FOR LIF E 24
WITHOUT THE POSSIBIL ITY OF PAROLE UNDER § 2–304 OF THIS SUBTITLE. 25
(5) IF THE COURT OR JURY DETERMINES THAT A DE ATH SENTENCE 26
MAY NOT BE IMPOSED A ND IF THE STATE DID NOT GIVE NO TICE UNDER § 2–203(1) 27
OF THIS TITLE, THE COURT SHALL IMPO SE A SENTENCE OF IMP RISONMENT FOR 28
LIFE. 29
(K) (1) IMMEDIATELY AFTER THE IMPOSITION OF A DEAT H SENTENCE: 30
(I) THE CLERK OF THE COU RT IN WHICH SENTENCE IS 31 30 HOUSE BILL 87
IMPOSED, IF DIFFERENT FROM TH E COURT WHERE THE IN DICTMENT OR 1
INFORMATION WAS FILE D, SHALL CERTIFY THE PR OCEEDINGS TO THE CLE RK OF 2
THE COURT WHERE THE INDICTMENT OR IN FORMATION WAS FILED ; AND 3
(II) THE CLERK OF THE COU RT WHERE THE INDICTM ENT OR 4
INFORMATION WAS FILE D SHALL COPY THE DOC KET ENTRIES IN THE 5
INCARCERATED INDIVID UAL’S CASE, SIGN THE COPIES , AND DELIVER THE COPI ES 6
TO THE GOVERNOR. 7
(2) THE DOCKET ENTRIES SH ALL SHOW FULLY THE S ENTENCE OF 8
THE COURT AND THE DA TE THAT THE SENTENCE WAS ENTERED . 9
(L) IF A DEFENDANT IS SEN TENCED TO DEATH , THE COURT BEFORE WHI CH 10
THE DEFENDANT IS TRI ED AND CONVICTED SHA LL SENTENCE THE DEFE NDANT TO 11
DEATH B Y INTRAVENOUS ADMINI STRATION OF A LETHAL QUANTITY OF AN 12
ULTRASHORT –ACTING BARBITURATE O R OTHER SIMILAR DRUG IN COMBINATION 13
WITH A CHEMICAL PARA LYTIC AGENT. 14
2–304. 15
(a) (1) If the State gave notice under § 2–203(1) of this title BUT DID NOT GIVE 16
NOTICE OF INTENT TO SEEK THE DEATH PENALTY UNDER § 2–202(A)(1) OF THIS 17
TITLE, the court shall conduct a separate sentencing proceeding as soon as practicable after 18
the defendant is found guilty of murder in the first degree to determine whether the 19
defendant shall be sentenced to imprisonment for life without the possibility of parole or to 20
imprisonment for life. 21
(2) IF THE STATE GAVE NOTICE UND ER BOTH §§ 2–202(A)(1) AND 22
2–203(1) OF THIS TITLE, BUT THE COURT OR JUR Y DETERMINES THAT TH E DEATH 23
SENTENCE MAY NOT BE IMPOSED, THE COURT OR JURY SH ALL DETERMINE 24
WHETHER THE DEFENDAN T SHALL BE SENTENCED TO IMPRISONMENT FOR LIFE 25
WITHOUT THE POSSIBIL ITY OF PAROLE OR TO IMPRISONMENT FOR LIF E. 26
2–305. 27
The Supreme Court of Maryland may adopt: 28
(1) rules of procedure to govern the conduct of sentencing proceedings 29
under [§ 2–304] §§ 2–303 AND 2–304 of this subtitle; and 30
(2) forms for a court or jury to use in making written findings and sentence 31
determinations. 32
SUBTITLE 4. REVIEW BY SUPREME COURT OF MARYLAND. 33 HOUSE BILL 87 31
2–401. 1
(A) (1) AFTER A DEATH SENTENC E IS IMPOSED AND THE JUDGMENT 2
BECOMES FINAL , THE SUPREME COURT OF MARYLAND SHALL REVIEW THE 3
SENTENCE ON THE RECO RD. 4
(2) THE SUPREME COURT OF MARYLAND SHALL CONSOLIDATE AN 5
APPEAL FROM THE VERD ICT WITH THE SENTENC E REVIEW. 6
(B) THE CLERK OF THE TRIA L COURT SHALL SEND T O THE CLERK OF THE 7
SUPREME COURT OF MARYLAND: 8
(1) THE ENTIRE RECORD AN D THE TRANSCRIPT OF THE SENTENCING 9
PROCEEDING WITHIN 10 DAYS AFTER RECEIVING THE TRA NSCRIPT; 10
(2) THE DETERMINATION AN D WRITTEN FINDINGS O F THE COURT OR 11
JURY; AND 12
(3) A REPORT OF THE TRIA L COURT THAT: 13
(I) IS IN THE FORM OF A STANDARD QUESTIONNAI RE SUPPLIED 14
BY THE SUPREME COURT OF MARYLAND; AND 15
(II) INCLUDES A RECOMMENDATION B Y THE TRIAL COURT AS TO 16
WHETHER THE DEATH SE NTENCE IS JUSTIFIED . 17
(C) THE DEFENDANT AND THE STATE MAY SUBMIT BRIE FS AND PRESENT 18
ORAL ARGUMENTS TO TH E SUPREME COURT OF MARYLAND WITHIN THE TIME 19
ALLOWED BY THE SUPREME COURT OF MARYLAND. 20
(D) (1) IN ADDITION TO ANY ER ROR PROPERLY BEFORE THE SUPREME 21
COURT OF MARYLAND ON APPEAL, THE SUPREME COURT OF MARYLAND SHALL 22
CONSIDER THE IMPOSIT ION OF THE DEATH SEN TENCE. 23
(2) WITH REGARD TO THE DE ATH SENTENCE , THE SUPREME COURT 24
OF MARYLAND SHALL DETE RMINE WHETHER : 25
(I) THE IMPOSITION OF TH E DEATH SENTENCE WAS 26
INFLUENCED BY PASSIO N, PREJUDICE, OR ANY OTHER ARBITRA RY FACTOR; 27
(II) THE EVIDENCE SUPPORT S THE FINDING BY THE COURT OR 28
JURY OF A STATUTORY AGGRAVATIN G CIRCUMSTANCE UNDER § 2–303(G) OF THIS 29 32 HOUSE BILL 87
TITLE; AND 1
(III) THE EVIDENCE SUPPORT S A FINDING BY THE C OURT OR 2
JURY THAT THE AGGRAV ATING CIRCUMSTANCE S OUTWEIGH THE MITIGAT ING 3
CIRCUMSTANCES UNDER § 2–303(H) AND (I)(1) OF THIS TITLE. 4
(3) IN ADDITION TO ITS RE VIEW UNDER ANY DIREC T APPEAL, WITH 5
REGARD TO THE DEATH SENTENCE, THE SUPREME COURT OF MARYLAND SHALL: 6
(I) AFFIRM THE DEATH SEN TENCE; 7
(II) SET THE DEATH SENTEN CE ASIDE AND REMAND THE CASE 8
FOR A NEW SENTENCING PROCEEDING UNDER § 2–303 OF THIS TITLE; OR 9
(III) SET THE DEATH SENTEN CE ASIDE AND REMAND THE CASE 10
FOR MODIFICATION OF THE SENTENCE TO IMPR ISONMENT FOR LIFE . 11
(E) THE SUPREME COURT OF MARYLAND MAY ADOPT RULES OF 12
PROCEDURE FOR THE EX PEDITED REVIEW OF DE ATH SENTENCES UND ER THIS 13
SECTION. 14
14–101. 15
(a) In this section, “crime of violence” means: 16
(1) abduction; 17
(2) arson in the first degree; 18
(3) kidnapping; 19
(4) manslaughter, except involuntary manslaughter; 20
(5) mayhem; 21
(6) maiming, as previously proscribed under former Article 27, §§ 385 and 22
386 of the Code; 23
(7) murder; 24
(8) rape; 25
(9) robbery under § 3–402 or § 3–403 of this article; 26
(10) carjacking; 27 HOUSE BILL 87 33
(11) armed carjacking; 1
(12) sexual offense in the first degree; 2
(13) sexual offense in the second degree; 3
(14) use of a firearm in the commission of a felony except possession with 4
intent to distribute a controlled dangerous substance under § 5–602(2) of this article, or 5
other crime of violence; 6
(15) child abuse in the first degree under § 3–601 of this article; 7
(16) sexual abuse of a minor under § 3–602 of this article if: 8
(i) 1. the victim is under the age of 13 years and the offender is 9
an adult at the time of the offense; or 10
2. the offender is at least 21 years old and the victim is under 11
the age of 16 years; and 12
(ii) the offense involved: 13
1. vaginal intercourse, as defined in § 3–301 of this article; 14
2. a sexual act, as defined in § 3–301 of this article; 15
3. an act in which a part of the offender’s body penetrates, 16
however slightly, into the victim’s genital opening or anus; or 17
4. the intentional touching of the victim’s or the offender’s 18
genital, anal, or other intimate area for sexual arousal, gratification, or abuse; 19
(17) home invasion under § 6–202(b) of this article; 20
(18) a felony offense under Title 3, Subtitle 11 of this article; 21
(19) an attempt to commit any of the crimes described in items (1) through 22
(18) of this subsection; 23
(20) continuing course of conduct with a child under § 3–315 of this article; 24
(21) assault in the first degree; 25
(22) assault with intent to murder; 26
(23) assault with intent to rape; 27 34 HOUSE BILL 87
(24) assault with intent to rob; 1
(25) assault with intent to commit a sexual offense in the first degree; and 2
(26) assault with intent to commit a sexual offense in the second degree. 3
(b) (1) Except as provided in subsection (f) of this section, on conviction for a 4
fourth time of a crime of violence, a person who has served three separate terms of 5
confinement in a correctional facility as a result of three separate convictions of any crime 6
of violence shall be sentenced to life imprisonment without the possibility of parole. 7
(2) Notwithstanding any other law, the provisions of this subsection are 8
mandatory. 9
(c) (1) Except as provided in subsection (f) of this section, on conviction for a 10
third time of a crime of violence, a person shall be sentenced to imprisonment for the term 11
allowed by law but not less than 25 years, if the person: 12
(i) has been convicted of a crime of violence on two prior separate 13
occasions: 14
1. in which the second or succeeding crime is committed after 15
there has been a charging document filed for the preceding occasion; and 16
2. for which the convictions do not arise from a single 17
incident; and 18
(ii) has served at least one term of confinement in a correctional 19
facility as a result of a conviction of a crime of violence. 20
(2) The court may not suspend all or part of the mandatory 25–year 21
sentence required under this subsection. 22
(3) A person sentenced under this subsection is not eligible for parole 23
except in accordance with the provisions of § 4–305 of the Correctional Services Article. 24
(d) (1) (i) Except as provided in paragraph (2) of this subsection, on 25
conviction for a second time of a crime of violence committed on or after October 1, 1994, a 26
person shall be sentenced to imprisonment for the term allowed by law, but not less than 27
10 years, if the person: 28
1. has been convicted on a prior occasion of a crime of 29
violence, including a conviction for a crime committed before October 1, 1994; and 30
2. served a term of confinement in a correctional facility for 31
that conviction. 32 HOUSE BILL 87 35
(ii) The court may not suspend all or part of the mandatory 10–year 1
sentence required under this paragraph. 2
(2) (i) On conviction for a second time of a crime of violence committed 3
on or after October 1, 2018, a person shall be sentenced to imprisonment for the term 4
allowed by law, but not less than 10 years, if the person: 5
1. has been convicted on a prior occasion of a crime of 6
violence, including a conviction for a crime committed before October 1, 2018; and 7
2. served a term of confinement in a correctional facility for 8
that conviction. 9
(ii) The court may not suspend all or part of the mandatory 10–year 10
sentence required under this paragraph. 11
(iii) A person sentenced under this paragraph is not eligible for parole 12
except in accordance with the provisions of § 4–305 of the Correctional Services Article. 13
(e) If the State intends to proceed against a person as a subsequent offender 14
under this section, it shall comply with the procedures set forth in the Maryland Rules for 15
the indictment and trial of a subsequent offender. 16
(f) (1) This subsection does not apply to a person registered or eligible for 17
registration under Title 11, Subtitle 7 of the Criminal Procedure Article. 18
(2) A person sentenced under this section may petition for and be granted 19
parole if the person: 20
(i) is at least 60 years old; and 21
(ii) has served at least 15 years of the sentence imposed under this 22
section. 23
(3) The Maryland Parole Commission shall adopt regulations to implement 24
this subsection. 25
(G) THIS SECTION DOES NOT APPLY IF A PERSON IS SENTENCED TO DEATH . 26
Article – Health – General 27
8–505. 28
(b) [On] EXCEPT IN A CAPITAL C ASE, ON consideration of the nature of the 29
charge, the court: 30
36 HOUSE BILL 87
(1) May require or permit an examination to be conducted on an outpatient 1
basis; and 2
(2) If an outpatient examination is authorized, shall set bail for the 3
defendant or authorize the release of the defendant on personal recognizance. 4
Article – Transportation 5
16–812. 6
(a) The Administration shall disqualify any individual from driving a commercial 7
motor vehicle for a period of 1 year if: 8
(1) The individual is convicted of committing any of the following offenses 9
while driving a commercial motor vehicle: 10
(i) A violation of § 21–902 of this article; 11
(ii) A violation of a federal law or any other state’s law which is 12
substantially similar in nature to the provisions in § 21–902 of this article; 13
(iii) Leaving the scene of an accident which requires disqualification 14
as provided by the United States Secretary of Transportation; 15
(iv) A crime, other than a crime described in subsection (e) of this 16
section, that is punishable by DEATH OR imprisonment for a term exceeding 1 year; 17
(v) A violation of § 25–112 of this article; or 18
(vi) A violation of § 2–209, § 2–503, § 2–504, § 2–505, or § 2–506 of 19
the Criminal Law Article; 20
(2) The individual holds a commercial instructional permit or commercial 21
driver’s license and is convicted of committing any of the following offenses while driving a 22
noncommercial motor vehicle: 23
(i) A violation of § 21–902(a), (c), or (d) of this article; 24
(ii) A violation of a federal law or any other state’s law which is 25
substantially similar in nature to the provisions in § 21–902(a), (c), or (d) of this article; 26
(iii) Leaving the scene of an accident which requires disqualification 27
as provided by the United States Secretary of Transportation; or 28
(iv) A crime, other than a crime described in subsection (e) of this 29
section, that is punishable by DEATH OR imprisonment for a term exceeding 1 year; 30
HOUSE BILL 87 37
(3) The individual, while driving a commercial motor vehicle or while 1
holding a commercial instructional permit or commercial driver’s license, refuses to 2
undergo testing as provided in § 16–205.1 of this title or as is required by any other state’s 3
law or by federal law in the enforcement of 49 C.F.R. § 383.51 Table 1, or 49 C.F.R. § 4
392.5(a)(2); 5
(4) The individual drives or attempts to drive a commercial motor vehicle 6
while the alcohol concentration of the person’s blood or breath is 0.04 or greater; or 7
(5) The individual drives a commercial motor vehicle when, as a result of 8
prior violations committed while driving a commercial motor vehicle, the driver’s 9
commercial instructional permit or commercial driver’s license is revoked, suspended, or 10
canceled or the driver is disqualified from driving a commercial motor vehicle. 11
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 12
October 1, 2024. 13