§ 12-19.2-1 - Sentencing procedures – Trial by jury.
SECTION 12-19.2-1
§ 12-19.2-1 Sentencing procedures –Trial by jury. – In all cases tried by a jury in which the penalty of life imprisonment withoutparole may be imposed pursuant to § 11-23-2 or 11-23-2.1, and in which theattorney general has recommended to the court in writing within twenty (20)days of the date of the arraignment that such a sentence be imposed, the courtshall, upon return of a verdict of guilty of murder in the first degree by thejury, instruct the jury to determine whether it has been proven beyond areasonable doubt that the murder committed by the defendant involved one of thecircumstances enumerated in § 11-23-2 or 11-23-2.1 as the basis forimposition of a sentence of life imprisonment without parole. If afterdeliberation the jury finds that one or more of the enumerated circumstanceswas present, it shall state in writing, signed by the foreperson of the jury,which circumstance or circumstances it found beyond a reasonable doubt. Uponreturn of an affirmative verdict, the court shall conduct a presentencehearing. At the hearing, the court shall permit the attorney general and thedefense to present additional evidence relevant to a determination of thesentence to be imposed as provided for in § 12-19.2-4. After hearingevidence and argument relating to the presence or absence of aggravating andmitigating factors, the court shall, in its discretion, sentence the defendantto either life imprisonment without parole or life imprisonment. If the trialcourt is reversed on appeal because of error only in the presentence hearing,the new proceedings before the trial court which may be ordered shall pertainonly to the issue of sentencing.