I 

118TH CONGRESS 

1ST SESSION H. R. 1124 

To abolish the death penalty under Federal law. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 21, 2023 

Mr. ESPAILLAT (for himself, Mr. SARBANES, Ms. BARRAGA ́N, Ms. WILLIAMS

of Georgia, Ms. MOORE of Wisconsin, Ms. BROWNLEY, Ms. LEE of California, Mr. KHANNA, Ms. NORTON, Mr. GARCI ́A of Illinois, Mr. PHILLIPS, 

Ms. SCHAKOWSKY, Ms. MENG, Ms. TLAIB, Mr. MCGOVERN, Mr. 

CLEAVER, Mr. DESAULNIER, Mr. CASAR, Mr. MORELLE, Ms. 

VELA ́ZQUEZ, Mr. MULLIN, and Mr. JOHNSON of Georgia) introduced the 

following bill; which was referred to the Committee on the Judiciary, and 

in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such 

provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To abolish the death penalty under Federal law. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Federal Death Penalty 

5 Abolition Act of 2023’’. 

6 SEC. 2. REPEAL OF FEDERAL LAWS PROVIDING FOR THE 

7 DEATH PENALTY. 

8 (a) HOMICIDE-RELATED OFFENSES.— 


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1 (1) MURDER RELATED TO THE SMUGGLING OF

2 ALIENS.—Section 274(a)(1)(B)(iv) of the Immigra3 tion and Nationality Act (8 U.S.C. 

4 1324(a)(1)(B)(iv)) is amended by striking ‘‘punished 

5 by death or’’. 

6 (2) DESTRUCTION OF AIRCRAFT, MOTOR VEHI7 CLES, OR RELATED FACILITIES RESULTING IN

8 DEATH.—Section 34 of title 18, United States Code, 

9 is amended by striking ‘‘to the death penalty or’’. 

10 (3) MURDER COMMITTED DURING A DRUG-RE11 LATED DRIVE-BY SHOOTING.—Section 36(b)(2)(A) 

12 of title 18, United States Code, is amended by strik13 ing ‘‘death or’’. 

14 (4) MURDER COMMITTED AT AN AIRPORT SERV15 ING INTERNATIONAL CIVIL AVIATION.—Section 

16 37(a) of title 18, United States Code, is amended, 

17 in the matter following paragraph (2), by striking 

18 ‘‘punished by death or’’. 

19 (5) MURDER COMMITTED USING CHEMICAL

20 WEAPONS.—Section 229A(a)(2) of title 18, United 

21 States Code, is amended— 

22 (A) in the paragraph heading, by striking 

23 ‘‘DEATH PENALTY’’ and inserting ‘‘CAUSING

24 DEATH’’; and 

25 (B) by striking ‘‘punished by death or’’. 


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1 (6) CIVIL RIGHTS OFFENSES RESULTING IN

2 DEATH.—Chapter 13 of title 18, United States 

3 Code, is amended— 

4 (A) in section 241, by striking ‘‘, or may 

5 be sentenced to death’’; 

6 (B) in section 242, by striking ‘‘, or may 

7 be sentenced to death’’; 

8 (C) in section 245(b), by striking ‘‘, or 

9 may be sentenced to death’’; and 

10 (D) in section 247(d)(1), by striking ‘‘, or 

11 may be sentenced to death’’. 

12 (7) MURDER OF A MEMBER OF CONGRESS, AN

13 IMPORTANT EXECUTIVE OFFICIAL, OR A SUPREME

14 COURT JUSTICE.—Section 351 of title 18, United 

15 States Code, is amended— 

16 (A) in subsection (b)— 

17 (i) by striking ‘‘(1)’’; and 

18 (ii) by striking ‘‘, or (2) by death’’ 

19 and all that follows through the end of the 

20 subsection and inserting a period; and 

21 (B) in subsection (d)— 

22 (i) by striking ‘‘(1)’’; and 

23 (ii) by striking ‘‘, or (2) by death’’ 

24 and all that follows through the end of the 

25 subsection and inserting a period. 


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1 (8) DEATH RESULTING FROM OFFENSES IN2 VOLVING TRANSPORTATION OF EXPLOSIVES, DE3 STRUCTION OF GOVERNMENT PROPERTY, OR DE4 STRUCTION OF PROPERTY RELATED TO FOREIGN OR

5 INTERSTATE COMMERCE.—Section 844 of title 18, 

6 United States Code, is amended— 

7 (A) in subsection (d), by striking ‘‘or to 

8 the death penalty’’; 

9 (B) in subsection (f)(3), by striking ‘‘sub10 ject to the death penalty, or’’; 

11 (C) in subsection (i), by striking ‘‘or to the 

12 death penalty’’; and 

13 (D) in subsection (n), by striking ‘‘(other 

14 than the penalty of death)’’. 

15 (9) MURDER COMMITTED BY USE OF A FIRE16 ARM OR ARMOR PIERCING AMMUNITION DURING

17 COMMISSION OF A CRIME OF VIOLENCE OR A DRUG

18 TRAFFICKING CRIME.—Section 924 of title 18, 

19 United States Code, is amended— 

20 (A) in subsection (c)(5)(B)(i), by striking 

21 ‘‘punished by death or’’; and 

22 (B) in subsection (j)(1), by striking ‘‘by 

23 death or’’. 


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1 (10) GENOCIDE.—Section 1091(b)(1) of title 

2 18, United States Code, is amended by striking 

3 ‘‘death or’’. 

4 (11) FIRST DEGREE MURDER.—Section 

5 1111(b) of title 18, United States Code, is amended 

6 by striking ‘‘by death or’’. 

7 (12) MURDER BY A FEDERAL PRISONER.—Sec8 tion 1118 of title 18, United States Code, is amend9 ed— 

10 (A) in subsection (a), by striking ‘‘by 

11 death or’’; and 

12 (B) in subsection (b), in the third undesig13 nated paragraph— 

14 (i) by inserting ‘‘or’’ before ‘‘an inde15 terminate’’; and 

16 (ii) by striking ‘‘, or an unexecuted 

17 sentence of death’’. 

18 (13) MURDER OF A STATE OR LOCAL LAW EN19 FORCEMENT OFFICIAL OR OTHER PERSON AIDING IN

20 A FEDERAL INVESTIGATION; MURDER OF A STATE

21 CORRECTIONAL OFFICER.—Section 1121 of title 18, 

22 United States Code, is amended— 

23 (A) in subsection (a), by striking ‘‘by sen24 tence of death or’’; and 


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1 (B) in subsection (b)(1), by striking ‘‘or 

2 death’’. 

3 (14) MURDER DURING A KIDNAPPING.—Section 

4 1201(a) of title 18, United States Code, is amended 

5 by striking ‘‘death or’’. 

6 (15) MURDER DURING A HOSTAGE-TAKING.— 

7 Section 1203(a) of title 18, United States Code, is 

8 amended by striking ‘‘death or’’. 

9 (16) MAILING OF INJURIOUS ARTICLES WITH

10 INTENT TO KILL OR RESULTING IN DEATH.—Section 

11 1716(j)(3) of title 18, United States Code, is amend12 ed by striking ‘‘to the death penalty or’’. 

13 (17) ASSASSINATION OR KIDNAPPING RESULT14 ING IN THE DEATH OF THE PRESIDENT OR VICE

15 PRESIDENT.—Section 1751 of title 18, United 

16 States Code, is amended— 

17 (A) in subsection (b)— 

18 (i) by striking ‘‘(1)’’; and 

19 (ii) by striking ‘‘, or (2) by death’’ 

20 and all that follows through the end of the 

21 subsection and inserting a period; and 

22 (B) in subsection (d)— 

23 (i) by striking ‘‘(1)’’; and 


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1 (ii) by striking ‘‘, or (2) by death’’ 

2 and all that follows through the end of the 

3 subsection and inserting a period. 

4 (18) MURDER FOR HIRE.—Section 1958(a) of 

5 title 18, United States Code, is amended by striking 

6 ‘‘death or’’. 

7 (19) MURDER INVOLVED IN A RACKETEERING

8 OFFENSE.—Section 1959(a)(1) of title 18, United 

9 States Code, is amended by striking ‘‘death or’’. 

10 (20) WILLFUL WRECKING OF A TRAIN RESULT11 ING IN DEATH.—Section 1992 of title 18, United 

12 States Code, is amended— 

13 (A) in subsection (a), in the matter fol14 lowing paragraph (10), by striking ‘‘or subject 

15 to death,’’; and 

16 (B) in subsection (b), in the matter fol17 lowing paragraph (3), by striking ‘‘, and if the 

18 offense resulted in the death of any person, the 

19 person may be sentenced to death’’. 

20 (21) BANK ROBBERY-RELATED MURDER OR

21 KIDNAPPING.—Section 2113(e) of title 18, United 

22 States Code, is amended by striking ‘‘death or’’. 

23 (22) MURDER RELATED TO A CARJACKING.— 

24 Section 2119(3) of title 18, United States Code, is 

25 amended by striking ‘‘, or sentenced to death’’. 


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1 (23) MURDER RELATED TO AGGRAVATED

2 CHILD SEXUAL ABUSE.—Section 2241(c) of title 18, 

3 United States Code, is amended by striking ‘‘unless 

4 the death penalty is imposed,’’. 

5 (24) MURDER RELATED TO SEXUAL ABUSE.— 

6 Section 2245 of title 18, United States Code, is 

7 amended by striking ‘‘punished by death or’’. 

8 (25) MURDER RELATED TO SEXUAL EXPLOI9 TATION OF CHILDREN.—Section 2251(e) of title 18, 

10 United States Code, is amended by striking ‘‘pun11 ished by death or’’. 

12 (26) MURDER COMMITTED DURING AN OF13 FENSE AGAINST MARITIME NAVIGATION.—Section 

14 2280(a)(1) of title 18, United States Code, is 

15 amended by striking ‘‘punished by death or’’. 

16 (27) MURDER COMMITTED DURING AN OF17 FENSE AGAINST A MARITIME FIXED PLATFORM.— 

18 Section 2281(a)(1) of title 18, United States Code, 

19 is amended by striking ‘‘punished by death or’’. 

20 (28) MURDER USING DEVICES OR DANGEROUS

21 SUBSTANCES IN WATERS OF THE UNITED STATES.— 

22 Section 2282A of title 18, United States Code, is 

23 amended— 

24 (A) by striking subsection (b); and 


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1 (B) by redesignating subsections (c) and 

2 (d) as subsections (b) and (c), respectively. 

3 (29) MURDER INVOLVING THE TRANSPOR4 TATION OF EXPLOSIVE, BIOLOGICAL, CHEMICAL, OR

5 RADIOACTIVE OR NUCLEAR MATERIALS.—Section 

6 2283 of title 18, United States Code, is amended— 

7 (A) by striking subsection (b); and 

8 (B) by redesignating subsection (c) as sub9 section (b). 

10 (30) MURDER INVOLVING THE DESTRUCTION

11 OF VESSEL OR MARITIME FACILITY.—Section 

12 2291(d) of title 18, United States Code, is amended 

13 by striking ‘‘to the death penalty or’’. 

14 (31) MURDER OF A UNITED STATES NATIONAL

15 IN ANOTHER COUNTRY.—Section 2332(a)(1) of title 

16 18, United States Code, is amended by striking 

17 ‘‘death or’’. 

18 (32) MURDER BY THE USE OF A WEAPON OF

19 MASS DESTRUCTION.—Section 2332a of title 18, 

20 United States Code, is amended— 

21 (A) in subsection (a), in the matter fol22 lowing paragraph (4), by striking ‘‘, and if 

23 death results shall be punished by death’’ and 

24 all that follows through the end of the sub25 section and inserting a period; and 


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1 (B) in subsection (b), by striking ‘‘, and if 

2 death results shall be punished by death’’ and 

3 all that follows through the end of the sub4 section and inserting a period. 

5 (33) MURDER BY ACT OF TERRORISM TRAN6 SCENDING NATIONAL BOUNDARIES.—Section 

7 2332b(c)(1)(A) of title 18, United States Code, is 

8 amended by striking ‘‘by death, or’’. 

9 (34) MURDER INVOLVING TORTURE.—Section 

10 2340A(a) of title 18, United States Code, is amend11 ed by striking ‘‘punished by death or’’. 

12 (35) MURDER INVOLVING A WAR CRIME.—Sec13 tion 2441(a) of title 18, United States Code, is 

14 amended by striking ‘‘, and if death results to the 

15 victim, shall also be subject to the penalty of death’’. 

16 (36) MURDER RELATED TO A CONTINUING

17 CRIMINAL ENTERPRISE OR RELATED MURDER OF A

18 FEDERAL, STATE, OR LOCAL LAW ENFORCEMENT

19 OFFICER.—Section 408(e) of the Controlled Sub20 stances Act (21 U.S.C. 848(e)) is amended— 

21 (A) in the subsection heading, by striking 

22 ‘‘DEATH PENALTY’’ and inserting ‘‘INTEN23 TIONAL KILLING’’; and 

24 (B) in paragraph (1)— 


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1 (i) subparagraph (A), by striking ‘‘, or 

2 may be sentenced to death’’; and 

3 (ii) in subparagraph (B), by striking 

4 ‘‘, or may be sentenced to death’’. 

5 (37) DEATH RESULTING FROM AIRCRAFT HI6 JACKING.—Section 46502 of title 49, United States 

7 Code, is amended— 

8 (A) in subsection (a)(2)(B), by striking 

9 ‘‘put to death or’’; and 

10 (B) in subsection (b)(1)(B), by striking 

11 ‘‘put to death or’’. 

12 (b) NON-HOMICIDE RELATED OFFENSES.— 

13 (1) ESPIONAGE.—Section 794(a) of title 18, 

14 United States Code, is amended by striking ‘‘pun15 ished by death or’’ and all that follows before the pe16 riod and inserting ‘‘imprisoned for any term of years 

17 or for life’’. 

18 (2) TREASON.—Section 2381 of title 18, United 

19 States Code, is amended by striking ‘‘shall suffer 

20 death, or’’. 

21 (c) TITLE 10.— 

22 (1) IN GENERAL.—Section 856 of title 10, 

23 United States Code (article 56 of the Uniform Code 

24 of Military Justice) is amended by inserting before 


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1 the period at the end the following: ‘‘, except that 

2 the punishment may not include death’’. 

3 (2) OFFENSES.— 

4 (A) CONSPIRACY.—Section 881(b) of title 

5 10, United States Code (article 81(b)), is 

6 amended by striking ‘‘, if death results’’ and all 

7 that follows through the end and inserting ‘‘as 

8 a court-martial or military commission may di9 rect.’’. 

10 (B) DESERTION.—Section 885(c) of title 

11 10, United States Code (article 85(c)), is 

12 amended by striking ‘‘, if the offense is com13 mitted in time of war’’ and all that follows 

14 through the end and inserting ‘‘as a court-mar15 tial may direct’’. 

16 (C) ASSAULTING OR WILLFULLY DIS17 OBEYING SUPERIOR COMMISSIONED OFFICER.— 

18 Section 890 of title 10, United States Code (ar19 ticle 90), is amended by striking ‘‘shall be pun20 ished’’ and all that follows through the end and 

21 inserting ‘‘shall be punished as a court-martial 

22 may direct.’’. 

23 (D) MUTINY OR SEDITION.—Section 

24 894(b) of title 10, United States Code (article 


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1 94(b)), is amended by striking ‘‘by death or 

2 such other punishment’’. 

3 (E) MISBEHAVIOR BEFORE THE ENEMY.— 

4 Section 899 of title 10, United States Code (ar5 ticle 99), is amended by striking ‘‘by death or 

6 such other punishment’’. 

7 (F) SUBORDINATE COMPELLING SUR8 RENDER.—Section 900 of title 10, United 

9 States Code (article 100), is amended by strik10 ing ‘‘by death or such other punishment’’. 

11 (G) IMPROPER USE OF COUNTERSIGN.— 

12 Section 901 of title 10, United States Code (ar13 ticle 101), is amended by striking ‘‘by death or 

14 such other punishment’’. 

15 (H) FORCING A SAFEGUARD.—Section 902 

16 of title 10, United States Code (article 102), is 

17 amended by striking ‘‘suffer death’’ and all that 

18 follows and inserting ‘‘be punished as a court19 martial may direct.’’. 

20 (I) AIDING THE ENEMY.—Section 903b of 

21 title 10, United States Code (article 103b), is 

22 amended by striking ‘‘suffer death or such 

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1 ished as a court-martial or military commission 

2 may direct’’. 

3 (J) SPIES.—Section 903 of title 10, United 

4 States Code (article 103), is amended by strik5 ing ‘‘by death’’ and inserting ‘‘by imprisonment 

6 for life’’. 

7 (K) ESPIONAGE.—Section 903a of title 10, 

8 United States Code (article 103a), is amend9 ed— 

10 (i) by striking subsections (b) and (c); 

11 (ii) by redesignating paragraphs (2) 

12 and (3) of subsection (a) as subsections (b) 

13 and (c), respectively; 

14 (iii) in subsection (a)— 

15 (I) by striking ‘‘(1)’’; 

16 (II) by striking ‘‘paragraph (2)’’ 

17 and inserting ‘‘subsection (b)’’; 

18 (III) by striking ‘‘paragraph (3)’’ 

19 and inserting ‘‘subsection (c)’’; and 

20 (IV) by striking ‘‘as a court-mar21 tial may direct,’’ and all that follows 

22 and inserting ‘‘as a court-martial may 

23 direct.’’; 

24 (iv) in subsection (b), as so redesig25 nated— 


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1 (I) by striking ‘‘paragraph (1)’’ 

2 and inserting ‘‘subsection (a)’’; and 

3 (II) by redesignating subpara4 graphs (A), (B), and (C) as para5 graphs (1), (2), and (3), respectively; 

6 and 

7 (v) in subsection (c), as so redesig8 nated, by striking ‘‘paragraph (1)’’ and in9 serting ‘‘subsection (a)’’. 

10 (L) IMPROPER HAZARDING OF VESSEL.— 

11 The text of section 910 of title 10, United 

12 States Code (article 110), is amended to read 

13 as follows: 

14 ‘‘Any person subject to this chapter who willfully and 

15 wrongfully, or negligently, hazards or suffers to be haz16 arded any vessel of the Armed Forces shall be punished 

17 as a court-martial may direct.’’. 

18 (M) OFFENSES BY SENTINEL OR LOOK19 OUT.—Section 895(a) of title 10, United States 

20 Code (article 95(a)), is amended by striking 

21 ‘‘shall be punished’’ and all that follows and in22 serting ‘‘shall be punished as a court-martial 

23 may direct.’’. 

24 (N) MURDER.—Section 918 of title 10, 

25 United States Code (article 118), is amended 


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1 by striking ‘‘death or imprisonment for life as 

2 a court-martial may direct’’ and inserting ‘‘im3 prisonment for life’’. 

4 (O) DEATH OR INJURY OF AN UNBORN

5 CHILD.—Section 919a(a) of title 10, United 

6 States Code (article 119a), is amended— 

7 (i) in paragraph (1), by striking ‘‘, 

8 other than death,’’; and 

9 (ii) by striking paragraph (4). 

10 (P) CRIMES TRIABLE BY MILITARY COM11 MISSION.—Section 950t of title 10, United 

12 States Code, is amended— 

13 (i) in paragraph (1), by striking ‘‘by 

14 death or such other punishment’’; 

15 (ii) in paragraph (2), by striking ‘‘, if 

16 death results’’ and all that follows and in17 serting ‘‘as a military commission under 

18 this chapter may direct.’’; 

19 (iii) in paragraph (7), by striking ‘‘, if 

20 death results’’ and all that follows and in21 serting ‘‘as a military commission under 

22 this chapter may direct.’’; 

23 (iv) in paragraph (8), by striking ‘‘, if 

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1 serting ‘‘as a military commission under 

2 this chapter may direct.’’; 

3 (v) in paragraph (9), by striking ‘‘, if 

4 death results’’ and all that follows and in5 serting ‘‘as a military commission under 

6 this chapter may direct.’’; 

7 (vi) in paragraph (11)(A), by striking 

8 ‘‘, if death results’’ and all that follows and 

9 inserting ‘‘as a military commission under 

10 this chapter may direct.’’; 

11 (vii) in paragraph (12), by striking ‘‘, 

12 if death results’’ and all that follows and 

13 inserting ‘‘as a military commission under 

14 this chapter may direct.’’; 

15 (viii) in paragraph (13)(A), by strik16 ing ‘‘, if death results’’ and all that follows 

17 and inserting ‘‘as a military commission 

18 under this chapter may direct.’’; 

19 (ix) in paragraph (14), by striking ‘‘, 

20 if death results’’ and all that follows and 

21 inserting ‘‘as a military commission under 

22 this chapter may direct.’’; 

23 (x) in paragraph (15), by striking ‘‘by 

24 death or such other punishment’’; 


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1 (xi) in paragraph (17), by striking ‘‘, 

2 if death results’’ and all that follows and 

3 inserting ‘‘as a military commission under 

4 this chapter may direct.’’; 

5 (xii) in paragraph (23), by striking ‘‘, 

6 if death results’’ and all that follows and 

7 inserting ‘‘as a military commission under 

8 this chapter may direct.’’; 

9 (xiii) in paragraph (24), by striking ‘‘, 

10 if death results’’ and all that follows and 

11 inserting ‘‘as a military commission under 

12 this chapter may direct.’’; 

13 (xiv) in paragraph (27), by striking 

14 ‘‘by death or such other punishment’’; and 

15 (xv) in paragraph (29), by striking ‘‘, 

16 if death results’’ and all that follows and 

17 inserting ‘‘as a military commission under 

18 this chapter may direct.’’. 

19 (3) JURISDICTIONAL AND PROCEDURAL MAT20 TERS.— 

21 (A) DISMISSED OFFICER’S RIGHT TO TRIAL

22 BY COURT-MARTIAL.—Section 804(a) of title 

23 10, United States Code (article 4(a) of the Uni24 form Code of Military Justice), is amended by 

25 striking ‘‘or death’’. 


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1 (B) COURTS-MARTIAL CLASSIFIED.—Sec2 tion 816(b) of title 10, United States Code (ar3 ticle 16(b)), is amended— 

4 (i) by striking paragraph (2); and 

5 (ii) by redesignating paragraph (3) as 

6 paragraph (2). 

7 (C) JURISDICTION OF GENERAL COURTS8 MARTIAL.—Section 818 of title 10, United 

9 States Code (article 18), is amended— 

10 (i) in subsection (a), by striking ‘‘in11 cluding the penalty of death when specifi12 cally authorized by this chapter’’ and in13 serting ‘‘except death’’; 

14 (ii) by striking subsection (b); and 

15 (iii) by redesignating subsection (c) as 

16 subsection (b). 

17 (D) JURISDICTION OF SPECIAL COURTS18 MARTIAL.—Section 819 of title 10, United 

19 States Code (article 19), is amended in the first 

20 sentence by striking ‘‘for any noncapital of21 fense’’ and all that follows and inserting ‘‘for 

22 any offense made punishable by this chapter.’’. 

23 (E) JURISDICTION OF SUMMARY COURTS24 MARTIAL.—Section 820 of title 10, United 


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1 States Code (article 20), is amended in the first 

2 sentence by striking ‘‘noncapital’’. 

3 (F) NUMBER OF MEMBERS IN CAPITAL

4 CASES.— 

5 (i) IN GENERAL.—Section 825a of 

6 title 10, United States Code (article 25a), 

7 is repealed. 

8 (ii) CLERICAL AMENDMENT.—The 

9 table of sections at the beginning of sub10 chapter V of chapter 47 of title 10, United 

11 States Code, is amended by striking the 

12 item relating to section 825a (article 25a). 

13 (G) ABSENT AND ADDITIONAL MEM14 BERS.—Section 829 of title 10, United States 

15 Code (article 29), is amended— 

16 (i) in subsection (b)(2), by striking 

17 ‘‘shall impanel’’ and all that follows and 

18 inserting ‘‘shall empanel eight members.’’; 

19 (ii) in subsection (d)— 

20 (I) in paragraph (1)— 

21 (aa) by striking subpara22 graph (A); 

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1 paragraphs (A) and (B), respec2 tively; and 

3 (cc) in subparagraph (A), as 

4 so redesignated, by striking ‘‘in a 

5 noncapital case’’; and 

6 (II) in paragraph (2)— 

7 (aa) by striking subpara8 graph (A); 

9 (bb) by redesignating sub10 paragraphs (B) and (C) as sub11 paragraphs (A) and (B), respec12 tively; and 

13 (cc) in subparagraph (A), as 

14 so redesignated, by striking ‘‘in a 

15 noncapital case’’. 

16 (H) STATUTE OF LIMITATIONS.—Sub17 section (a) of section 843 of title 10, United 

18 States Code (article 43), is amended to read as 

19 follows: 

20 ‘‘(a)(1) A person charged with an offense described 

21 in paragraph (2) may be tried and punished at any time 

22 without limitation. 

23 ‘‘(2) An offense described in this paragraph is any 

24 offense as follows: 


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1 ‘‘(A) Absence without leave or missing move2 ment in time of war. 

3 ‘‘(B) Murder. 

4 ‘‘(C) Rape. 

5 ‘‘(D) A violation of section 881 of this title (ar6 ticle 81) that results in death to one or more of the 

7 victims. 

8 ‘‘(E) Desertion or attempt to desert in time of 

9 war. 

10 ‘‘(F) A violation of section 890 of this title (ar11 ticle 90) committed in time of war. 

12 ‘‘(G) Attempted mutiny, mutiny, sedition, or 

13 failure to suppress or report a mutiny or sedition. 

14 ‘‘(H) A violation of section 895(a) of this title 

15 (article 95(a)) committed in time of war. 

16 ‘‘(I) A violation of section 899 of this title (arti17 cle 99). 

18 ‘‘(J) A violation of section 900 of this title (ar19 ticle 100). 

20 ‘‘(K) A violation of section 901 of this title (ar21 ticle 101). 

22 ‘‘(L) A violation of section 902 of this title (ar23 ticle 102). 

24 ‘‘(M) A violation of section 903 of this title (ar25 ticle 103). 


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1 ‘‘(N) A violation of section 903a of this title 

2 (article 103a). 

3 ‘‘(O) A violation of section 903b of this title 

4 (article 103b). 

5 ‘‘(P) A violation of section 910 of this title (ar6 ticle 110) in which the person subject to this chapter 

7 willfully and wrongfully hazarded or suffered to be 

8 hazarded any vessel of the Armed Forces.’’. 

9 (I) PLEAS OF ACCUSED.—Section 845(b) 

10 of title 10, United States Code (article 45(b)), 

11 is amended— 

12 (i) by striking the first sentence; and 

13 (ii) by striking ‘‘With respect to any 

14 other charge’’ and inserting ‘‘With respect 

15 to any charge’’. 

16 (J) DEPOSITIONS.—Section 849 of title 

17 10, United States Code (article 49), is amended 

18 by striking subsection (d). 

19 (K) ADMISSIBILITY OF RECORDS OF

20 COURTS OF INQUIRY.—Section 850 of title 10, 

21 United States Code (article 50), is amended— 

22 (i) in subsection (a), by striking ‘‘not 

23 capital and’’; and 

24 (ii) in subsection (b), by striking 

25 ‘‘capital cases or’’. 


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1 (L) NUMBER OF VOTES REQUIRED FOR

2 CONVICTION AND SENTENCING BY COURT-MAR3 TIAL.—Section 852(b)(2) of title 10, United 

4 States Code (article 52(b)(2)), is amended by 

5 striking ‘‘A sentence of death’’ and all that fol6 lows and inserting ‘‘All sentences imposed by 

7 members shall be determined by the concur8 rence of at least three-fourths of the members 

9 present when the vote is taken.’’ 

10 (M) RECORD OF TRIAL.—Section 

11 854(c)(2) of title 10, United States Code (arti12 cle 54(c)(2)), is amended by striking ‘‘death,’’. 

13 (N) FORFEITURE OF PAY AND ALLOW14 ANCES DURING CONFINEMENT.—Section 

15 858b(a)(2)(A) of title 10, United States Code 

16 (article 58b(a)(2)(A)), is amended by striking 

17 ‘‘or death’’. 

18 (O) WAIVER OR WITHDRAWAL OF AP19 PEAL.—Section 861 of title 10, United States 

20 Code (article 61), is amended— 

21 (i) by striking subsection (c); and 

22 (ii) by redesignating subsection (d) as 

23 subsection (c). 

24 (P) REVIEW BY COURT OF CRIMINAL AP25 PEALS.—Section 866(b)(3) of title 10, United 


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1 States Code (article 66(b)(3)), is amended by 

2 striking ‘‘death,’’. 

3 (Q) REVIEW BY COURT OF APPEALS FOR

4 THE ARMED FORCES.—Section 867(a) of title 

5 10, United States Code (article 67(a)), is 

6 amended— 

7 (i) by striking paragraph (1); and 

8 (ii) by redesignating paragraphs (2) 

9 and (3) as paragraphs (1) and (2), respec10 tively. 

11 (R) EFFECTIVE DATE OF SENTENCES.— 

12 Section 857(a) of title 10, United States Code 

13 (article 57(a)), is amended— 

14 (i) by striking paragraph (3); 

15 (ii) by redesignating paragraphs (4) 

16 through (6) as paragraphs (3) through (5), 

17 respectively; and 

18 (iii) in paragraph (4), as so redesig19 nated— 

20 (I) by striking ‘‘death, dismissal, 

21 or’’ each place it appears and insert22 ing ‘‘dismissal or’’; 

23 (II) by striking ‘‘death or’’; and 


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1 (III) by striking ‘‘under para2 graph (3) or (4), as appropriate’’ and 

3 inserting ‘‘under paragraph (3)’’. 

4 (S) GENERAL ARTICLE.—Section 934 of 

5 title 10, United States Code (article 134), is 

6 amended by striking ‘‘crimes and offenses not 

7 capital’’ and inserting ‘‘crimes and offenses’’. 

8 (T) JURISDICTION OF MILITARY COMMIS9 SIONS.—Section 948d of title 10, United States 

10 Code, is amended by striking ‘‘including the 

11 penalty of death’’ and all that follows and in12 serting ‘‘except death.’’. 

13 (U) NUMBER OF MEMBERS OF MILITARY

14 COMMISSIONS.—Subsection (a) of section 948m 

15 of title 10, United States Code, is amended to 

16 read as follows: 

17 ‘‘(a) NUMBER OF MEMBERS.—A military commission 

18 under this chapter shall have at least 5 members.’’. 

19 (V) NUMBER OF VOTES REQUIRED FOR

20 SENTENCING BY MILITARY COMMISSION.—Sec21 tion 949m of title 10, United States Code, is 

22 amended— 

23 (i) in subsection (b)— 

24 (I) by striking paragraph (1); 

25 and 


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1 (II) by redesignating paragraphs 

2 (2) and (3) as paragraphs (1) and 

3 (2), respectively; and 

4 (ii) by striking subsection (c). 

5 (W) APPELLATE REFERRAL FOR MILITARY

6 COMMISSIONS.—Section 950c of title 10, United 

7 States Code, is amended— 

8 (i) in subsection (b)(1), by striking 

9 ‘‘Except in a case in which the sentence as 

10 approved under section 950b of this title 

11 extends to death, an accused’’ and insert12 ing ‘‘An accused’’; and 

13 (ii) in subsection (c), by striking ‘‘Ex14 cept in a case in which the sentence as ap15 proved under section 950b of this title ex16 tends to death, the accused’’ and inserting 

17 ‘‘The accused’’. 

18 (X) EXECUTION OF SENTENCE BY MILI19 TARY COMMISSIONS.—Section 950i of title 10, 

20 United States Code, is amended— 

21 (i) by striking subsections (b) and (c); 

22 (ii) by redesignating subsection (d) as 

23 subsection (b); and 


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1 (iii) in subsection (b), as so redesig2 nated, by striking ‘‘, except a sentence of 

3 death’’. 

4 (d) CONFORMING AMENDMENTS.— 

5 (1) REPEAL OF CRIMINAL PROCEDURES RELAT6 ING TO IMPOSITION OF DEATH SENTENCE.— 

7 (A) IN GENERAL.—Chapter 228 of title 

8 18, United States Code, is repealed. 

9 (B) CLERICAL AMENDMENT.—The table of 

10 chapters for part II of title 18, United States 

11 Code, is amended by striking the item relating 

12 to chapter 228. 

13 (2) OTHER PROVISIONS.— 

14 (A) INTERCEPTION OF WIRE, ORAL, OR

15 ELECTRONIC COMMUNICATIONS.—Section 

16 2516(1)(a) of title 18, United States Code, is 

17 amended by striking ‘‘by death or’’. 

18 (B) RELEASE AND DETENTION PENDING

19 JUDICIAL PROCEEDINGS.—Chapter 207 of title 

20 18, United States Code, is amended— 

21 (i) in section 3142(f)(1)(B), by strik22 ing ‘‘or death’’; and 

23 (ii) in section 3146(b)(1)(A)(i), by 

24 striking ‘‘death, life imprisonment,’’ and 

25 inserting ‘‘life imprisonment’’. 


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1 (C) VENUE IN CAPITAL CASES.—Chapter 

2 211 of title 18, United States Code, is amend3 ed— 

4 (i) by striking section 3235; and 

5 (ii) in the table of sections, by striking 

6 the item relating to section 3235. 

7 (D) PERIOD OF LIMITATIONS.— 

8 (i) IN GENERAL.—Chapter 213 of title 

9 18, United States Code, is amended by 

10 striking section 3281 and inserting the fol11 lowing: 

12 ‘‘§ 3281. Offenses with no period of limitations 

13 ‘‘An indictment may be found at any time without 

14 limitation for the following offenses: 

15 ‘‘(1) A violation of section 274(a)(1)(A) of the 

16 Immigration and Nationality Act (8 U.S.C. 

17 1324(a)(1)(A)) resulting in the death of any person. 

18 ‘‘(2) A violation of section 34 of this title. 

19 ‘‘(3) A violation of section 36(b)(2)(A) of this 

20 title. 

21 ‘‘(4) A violation of section 37(a) of this title 

22 that results in the death of any person. 

23 ‘‘(5) A violation of section 229A(a)(2) of this 

24 title. 


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1 ‘‘(6) A violation of section 241, 242, 245(b), or 

2 247(a) of this title that— 

3 ‘‘(A) results in death; or 

4 ‘‘(B) involved kidnapping or an attempt to 

5 kidnap, aggravated sexual abuse or an attempt 

6 to commit aggravated sexual abuse, or an at7 tempt to kill. 

8 ‘‘(7) A violation of subsection (b) or (d) of sec9 tion 351 of this title. 

10 ‘‘(8) A violation of section 794(a) of this title. 

11 ‘‘(9) A violation of subsection (d), (f), or (i) of 

12 section 844 of this title that results in the death of 

13 any person (including any public safety officer per14 forming duties as a direct or proximate result of 

15 conduct prohibited by such subsection). 

16 ‘‘(10) An offense punishable under subsection 

17 (c)(5)(B)(i) or (j)(1) of section 924 of this title. 

18 ‘‘(11) An offense punishable under section 

19 1091(b)(1) of this title. 

20 ‘‘(12) A violation of section 1111 of this title 

21 that is murder in the first degree. 

22 ‘‘(13) A violation of section 1118 of this title. 

23 ‘‘(14) A violation of subsection (a) or (b) of sec24 tion 1121 of this title. 


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1 ‘‘(15) A violation of section 1201(a) of this title 

2 that results in the death of any person. 

3 ‘‘(16) A violation of section 1203(a) of this title 

4 that results in the death of any person. 

5 ‘‘(17) An offense punishable under section 

6 1512(a)(3) of this title that is murder (as that term 

7 is defined in section 1111 of this title). 

8 ‘‘(18) An offense punishable under section 

9 1716(j)(3) of this title. 

10 ‘‘(19) A violation of subsection (b) or (d) of sec11 tion 1751 of this title. 

12 ‘‘(20) A violation of section 1958(a) of this title 

13 that results in death. 

14 ‘‘(21) A violation of section 1959(a) of this title 

15 that is murder. 

16 ‘‘(22) A violation of subsection (a) (except for 

17 a violation of paragraph (8), (9), or (10) of such 

18 subsection) or (b) of section 1992 of this title that 

19 results in the death of any person. 

20 ‘‘(23) A violation of section 2113(e) of this title 

21 that results in death. 

22 ‘‘(24) An offense punishable under section 

23 2119(3) of this title. 

24 ‘‘(25) An offense punishable under section 

25 2245(a) of this title. 


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1 ‘‘(26) A violation of section 2251 of this title 

2 that results in the death of a person. 

3 ‘‘(27) A violation of section 2280(a)(1) of this 

4 title that results in the death of any person. 

5 ‘‘(28) A violation of section 2281(a)(1) of this 

6 title that results in the death of any person. 

7 ‘‘(29) A violation of section 2282A(a) of this 

8 title that causes the death of any person. 

9 ‘‘(30) A violation of section 2283(a) of this title 

10 that causes the death of any person. 

11 ‘‘(31) An offense punishable under section 

12 2291(d) of this title. 

13 ‘‘(32) An offense punishable under section 

14 2332(a)(1) of this title. 

15 ‘‘(33) A violation of subsection (a) or (b) of sec16 tion 2332a of this title that results in death. 

17 ‘‘(34) An offense punishable under section 

18 2332b(c)(1)(A) of this title. 

19 ‘‘(35) A violation of section 2340A(a) of this 

20 title that results in the death of any person. 

21 ‘‘(36) A violation of section 2381 of this title. 

22 ‘‘(37) A violation of section 2441(a) of this title 

23 that results in the death of the victim. 

24 ‘‘(38) A violation of section 408(e) of the Con25 trolled Substances Act (21 U.S.C. 848(e)). 


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1 ‘‘(39) An offense punishable under subsection 

2 (a)(2)(B) or (b)(1)(B) of section 46502 of title 49.’’. 

3 (ii) CLERICAL AMENDMENT.—The 

4 table of sections for chapter 213 of title 

5 18, United States Code, is amended by 

6 striking the item relating to section 3281 

7 and inserting the following: 

‘‘3281. Offenses with no period of limitations.’’. 

8 SEC. 3. PROHIBITION ON IMPOSITION OF DEATH SEN9 TENCE. 

10 (a) IN GENERAL.—Notwithstanding any other provi11 sion of law, no person may be sentenced to death or put 

12 to death on or after the date of enactment of this Act 

13 for any violation of Federal law. 

14 (b) PERSONS SENTENCED BEFORE DATE OF ENACT15 MENT.—Notwithstanding any other provision of law, any 

16 person sentenced to death before the date of enactment 

17 of this Act for any violation of Federal law shall be resen18 tenced. 

Æ 


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