TITLE 18

CRIMES AND PUNISHMENTS

CHAPTER 40

HOMICIDE

18-4004A.  Notice of intent to seek death penalty. (1) A sentence of death shall not be imposed unless the prosecuting attorney filed written notice of intent to seek the death penalty with the court and served the notice upon the defendant or his attorney of record no later than sixty (60) days after entry of a plea. Any notice of intent to seek the death penalty shall include a listing of the statutory aggravating circumstances that the state will rely on in seeking the death penalty. The state may amend its notice upon a showing of good cause at any time prior to trial. A notice of intent to seek the death penalty may be withdrawn at any time prior to the imposition of sentence. However, upon a showing of good cause, and a stipulation by the state and the defendant and his attorney of record the court may extend the time for the filing of the notice of intent to seek the death penalty for a reasonable period of time.

(2)  In the event that the prosecuting attorney does not file a notice of intent to seek the death penalty or otherwise puts the court on notice that the state does not intend to seek the death penalty, the court shall inform potential jurors at the outset of jury selection that the death penalty is not a sentencing option for the court or the jury.

History:

[18-4004A, added 1998, ch. 96, sec. 2, p. 344; am. 2003, ch. 19, sec. 2, p. 71; am. 2008, ch. 300, sec. 1, p. 837.]