A. Upon conviction or adjudication of guilt of a defendant of murder
in the first degree, the court shall conduct a separate sentencing
proceeding to determine whether the defendant should be sentenced to
death, life imprisonment without parole or life imprisonment. The
proceeding shall be conducted by the trial judge before the same trial
jury as soon as practicable without presentence investigation.
B. If the trial jury has been waived by the defendant and the state,
or if the defendant pleaded guilty or nolo contendere, the sentencing
proceeding shall be conducted before the court.
C. In the sentencing proceeding, evidence may be presented as to any
mitigating circumstances or as to any of the aggravating circumstances
enumerated in Section 701.7 et seq. of this title. Only such evidence
in aggravation as the state has made known to the defendant prior to
his trial shall be admissible. In addition, the state may introduce
evidence about the victim and about the impact of the murder on the
family of the victim.
D. This section shall not be construed to authorize the introduction
of any evidence secured in violation of the Constitutions of the
United States or of the State of Oklahoma. The state and the defendant
or his counsel shall be permitted to present argument for or against
sentence of death.