Section 2-202 - Murder in the first degree - Sentence of death.
§ 2-202. Murder in the first degree - Sentence of death.
(a) Requirement for imposition.- A defendant found guilty of murder in the first degree may be sentenced to death only if:
(1) at least 30 days before trial, the State gave written notice to the defendant of:
(i) the State's intention to seek a sentence of death; and
(ii) each aggravating circumstance on which the State intends to rely;
(2) (i) with respect to § 2-303(g) of this title, except for § 2-303(g)(1)(i) and (vii) of this title, the defendant was a principal in the first degree; or
(ii) with respect to § 2-303(g)(1)(i) of this title, a law enforcement officer, as defined in § 2-303(a) of this title, was murdered and the defendant was:
1. a principal in the first degree; or
2. a principal in the second degree who:
A. willfully, deliberately, and with premeditation intended the death of the law enforcement officer;
B. was a major participant in the murder; and
C. was actually present at the time and place of the murder;
(3) the State presents the court or jury with:
(i) biological evidence or DNA evidence that links the defendant to the act of murder;
(ii) a video taped, voluntary interrogation and confession of the defendant to the murder; or
(iii) a video recording that conclusively links the defendant to the murder; and
(4) the sentence of death is imposed in accordance with § 2-303 of this title.
(b) Limitations.-
(1) In this subsection, a defendant is "mentally retarded" if:
(i) the defendant had significantly below average intellectual functioning, as shown by an intelligence quotient of 70 or below on an individually administered intelligence quotient test and an impairment in adaptive behavior; and
(ii) the mental retardation was manifested before the age of 22 years.
(2) A defendant may not be sentenced to death, but shall be sentenced to imprisonment for life without the possibility of parole subject to the requirements of § 2-203(1) of this subtitle or imprisonment for life, if the defendant:
(i) was under the age of 18 years at the time of the murder; or
(ii) proves by a preponderance of the evidence that at the time of the murder the defendant was mentally retarded.
(c) Limitations - State relies solely on eyewitness evidence.- A defendant may not be sentenced to death, but shall be sentenced to imprisonment for life without the possibility of parole subject to the requirements of § 2-203(1) of this subtitle or imprisonment for life, if the State relies solely on evidence provided by eyewitnesses.
[An. Code 1957, art. 27, §§ 412(b), (f)(1), (3), (g)(1), 413(e)(1); 2002, ch. 26, § 2; 2009, ch. 186.]