2013 Maryland Code
CORRECTIONAL SERVICES
§ 3-902 - Warrant of execution

§3-902.

(a) (1) In this section the following words have the meanings indicated.

(2) (i) “State postconviction review process” means the initial adjudication of a postconviction petition filed under § 7-103 of the Criminal Procedure Article, including any appellate review of the postconviction proceeding.

(ii) “State postconviction review process” does not include:

1. a postconviction proceeding that has been reopened under § 7-104 of the Criminal Procedure Article or any appellate review of the proceeding; or

2. a postconviction proceeding on a second petition filed before October 1, 1995, or any appellate review of the proceeding.

(3) “Warrant of execution” means a warrant for the execution of a sentence of death on the individual against whom the sentence was imposed.

(b) (1) A warrant of execution shall:

(i) state the conviction and sentence;

(ii) designate a 5-day period, beginning on a Monday, within which the sentence must be executed; and

(iii) command the Commissioner to carry out the death penalty on a day within the designated period.

(2) The period designated in a warrant of execution shall begin not less than 4 weeks and not more than 8 weeks after the warrant of execution is issued.

(c) At the time an individual is sentenced to death, the judge presiding in the court shall issue a warrant of execution directed to the Commissioner.

(d) (1) A warrant of execution is stayed during the direct review process and the State postconviction review process.

(2) If the original warrant of execution has not expired at the end of the State postconviction review process, the judge who imposed the sentence of death or the judge then presiding in the court in which the sentence was imposed shall lift the stay imposed under paragraph (1) of this subsection.

(3) If the original warrant of execution has expired at the end of the State postconviction review process, the judge who imposed the sentence of death or the judge then presiding in the court in which the sentence was imposed shall issue another warrant of execution.

(e) (1) If the Governor is satisfied that a medical examination shows that an inmate is pregnant, the Governor shall revoke a warrant of execution for the inmate.

(2) As soon as the Governor is satisfied that the inmate is no longer pregnant, the Governor promptly shall issue another warrant of execution.

(f) (1) The Governor may grant a stay of a warrant of execution for any cause.

(2) If the Governor grants a stay under this subsection:

(i) the Governor shall issue an order revoking the warrant of execution; and

(ii) the sentence of death may not be executed until the Governor issues another warrant of execution.

(3) The Governor promptly shall notify the Commissioner of an order that revokes a warrant of execution.

(g) (1) The Commissioner shall set a time, within the period designated in the warrant of execution, when the sentence of death shall be executed.

(2) No previous announcement of the day or time of the execution may be made except to those who are invited or allowed to be present as provided in this subtitle.