17-10-31.1

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17-10-31.1.
(a) Where, upon a trial by jury, a person is convicted of murder, a sentence of death or life without parole shall not be imposed unless the jury verdict includes a finding of at least one statutory aggravating circumstance and a recommendation that such sentence be imposed.
(b) Where a statutory aggravating circumstance is found and a recommendation of life without parole is made, the court shall sentence the defendant to imprisonment for life without parole as provided in Code Section 17-10-16.
(c) Where a jury has been impaneled to determine sentence and the jury has unanimously found the existence of at least one statutory aggravating circumstance but is unable to reach a unanimous verdict as to sentence, the judge shall dismiss the jury and shall impose a sentence of either life imprisonment or imprisonment for life without parole. In imposing sentence, the judge may sentence the defendant to imprisonment for life without parole only if the court finds beyond a reasonable doubt that the defendant committed at least one statutory aggravating circumstance and the trial court has been informed by the jury foreman that upon their last vote, a majority of the jurors cast their vote for a sentence of death or for a sentence of life imprisonment without parole; provided, however, that the trial judge may impose a sentence of life imprisonment as provided by law.
(d) Notwithstanding any other provision of law, during the sentencing phase before a jury, counsel for the state and the accused may present argument and the trial judge may instruct the jury:
(1) That 'life without parole' means that the defendant shall be incarcerated for the remainder of his or her natural life and shall not be eligible for parole unless such person is subsequently adjudicated to be innocent of the offense for which he or she was sentenced; and
(2) That 'life imprisonment' means that the defendant will be incarcerated for the remainder of his or her natural life but will be eligible for parole during the term of such sentence.