46-18-302. Evidence that may be received. (1) (a) Subject to subsection (1)(b), in the sentencing hearing, evidence may be presented as to any matter the court considers relevant to the sentence, including but not limited to:
     (i) the nature and circumstances of the crime;
     (ii) the defendant's character, background, history, and mental and physical condition;
     (iii) the harm caused to the victim and the victim's family as a result of the offense; and
     (iv) any other facts in aggravation or mitigation of the penalty.
     (b) Evidence of an aggravating circumstance may not be admitted or considered unless the defendant pleaded guilty to the offense and admitted the aggravating circumstance or the trier of fact found beyond a reasonable doubt that the aggravating circumstance existed.
     (2) Any evidence that the court considers to have probative force may be received regardless of its admissibility under the rules governing admission of evidence at criminal trials. Evidence admitted at the trial relating to aggravating or mitigating circumstances must be considered without reintroducing it at the sentencing proceeding. The state and the defendant or the defendant's counsel must be permitted to present argument for or against sentence of death.

     History: En. 95-2206.7 by Sec. 2, Ch. 338, L. 1977; R.C.M. 1947, 95-2206.7; amd. Sec. 21, Ch. 125, L. 1995; amd. Sec. 2, Ch. 154, L. 2003.