(1) When the jury returns a verdict of guilty it shall fix the degree of the offense and the penalty except that the court may fix the penalty (a) in cases where the penalty is fixed by law and (b) in cases where the court is otherwise authorized by law to fix the penalty. (2) When the defendant enters a plea of guilty the court may fix the penalty, except that in cases involving offenses punishable by death the defendant may demand that his or her punishment be fixed by the jury. Amended by Order 98-3, eff. 3/1/1999; prior amendment eff. 1/1/1989 (Order 88-4); adopted eff. 1/1/1963