(a) 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; and
(3) the sentence of death is imposed in accordance with § 2-303 of this
title.
(b) (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.
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