II 

109TH CONGRESS 

1ST SESSION S. 122 

To abolish the death penalty under Federal law. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 24, 2005 

Mr. FEINGOLD introduced the following bill; which was read twice and 

referred to the Committee on the Judiciary 

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 2005’’. 

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

7 DEATH PENALTY. 

8 (a) HOMICIDE-RELATED OFFENSES.— 

9 (1) MURDER RELATED TO THE SMUGGLING OF

10 ALIENS.—Section 274(a)(1)(B)(iv) of the Immigra11 tion and Nationality Act (8 U.S.C. 
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1 1324(a)(1)(B)(iv)) is amended by striking ‘‘punished 

2 by death or’’. 

3 (2) DESTRUCTION OFAIRCRAFT, MOTOR VEHI4 CLES, OR RELATED FACILITIES RESULTING IN

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

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

7 (3) MURDER COMMITTED DURING A DRUG-RE8 LATED DRIVE-BY SHOOTING.—Section 36(b)(2)(A) 

9 of title 18, United States Code, is amended by strik10 ing ‘‘death or’’. 

11 (4) MURDER COMMITTED AT AN AIRPORT SERV12 ING INTERNATIONAL CIVIL AVIATION.—Section 

13 37(a) of title 18, United States Code, is amended, 

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

15 ‘‘punished by death or’’. 

16 (5) CIVIL RIGHTS OFFENSES RESULTING IN

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

18 Code, is amended— 

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

20 be sentenced to death’’; 

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

22 be sentenced to death’’; 

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

24 may be sentenced to death’’; and 
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1 (D) in section 247(d)(1), by striking ‘‘, or 

2 may be sentenced to death’’. 

3 (6) MURDER OFA MEMBER OFCONGRESS, AN

4 IMPORTANT EXECUTIVE OFFICIAL, OR A SUPREME

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

6 States Code, is amended— 

7 (A) in subsection (b)(2), by striking ‘‘death 

8 or’’; and 

9 (B) in subsection (d)(2), by striking 

10 ‘‘death or’’. 

11 (7) DEATH RESULTING FROM OFFENSES IN12 VOLVING TRANSPORTATION OFEXPLOSIVES, DE13 STRUCTION OFGOVERNMENT PROPERTY, OR DE14 STRUCTION OFPROPERTY RELATED TO FOREIGN OR

15 INTERSTATE COMMERCE.—Section 844 of title 18, 

16 United States Code, is amended— 

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

18 the death penalty’’; 

19 (B) in subsection (f)(3), by striking ‘‘sub20 ject to the death penalty, or’’; 

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

22 death penalty’’; and 

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

24 than the penalty of death)’’. 
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1 (8) MURDER COMMITTED BY USE OFA FIRE2 ARM DURING COMMISSION OFA CRIME OFVIOLENCE

3 OR A DRUG TRAFFICKING CRIME.—Section 924(j)(1) 

4 of title 18, United States Code, is amended by strik5 ing ‘‘by death or’’. 

6 (9) GENOCIDE.—Section 1091(b)(1) of title 18, 

7 United States Code, is amended by striking ‘‘death 

8 or’’. 

9 (10) FIRST DEGREE MURDER.—Section 

10 1111(b) of title 18, United States Code, is amended 

11 by striking ‘‘by death or’’. 

12 (11) MURDER BY A FEDERAL PRISONER.—Sec13 tion 1118 of title 18, United States Code, is amend14 ed— 

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

16 death or’’; and 

17 (B) in subsection (b), in the third undesig18 nated paragraph— 

19 (i) by inserting ‘‘or’’ before ‘‘an inde20 terminate’’; and 

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

22 sentence of death’’. 

23 (12) MURDER OFA STATE OR LOCAL LAW EN24 FORCEMENT OFFICIAL OR OTHER PERSON AIDING IN

25 A FEDERAL INVESTIGATION; MURDER OFA STATE
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1 CORRECTIONAL OFFICER.—Section 1121 of title 18, 

2 United States Code, is amended— 

3 (A) in subsection (a), by striking ‘‘by sen4 tence of death or’’; and 

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

6 death’’. 

7 (13) MURDER DURING A KIDNAPING.—Section 

8 1201(a) of title 18, United States Code, is amended 

9 by striking ‘‘death or’’. 

10 (14) MURDER DURING A HOSTAGE-TAKING.— 

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

12 amended by striking ‘‘death or’’. 

13 (15) MURDER WITH THE INTENT OFPRE14 VENTING TESTIMONY BY A WITNESS, VICTIM, OR IN15 FORMANT.—Section 1512(a)(2)(A) of title 18, 

16 United States Code, is amended by striking ‘‘the 

17 death penalty or’’. 

18 (16) MAILING OFINJURIOUS ARTICLES WITH

19 INTENT TO KILL OR RESULTING IN DEATH.—Section 

20 1716(i) of title 18, United States Code, is amended 

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

22 (17) ASSASSINATION OR KIDNAPING RESULTING

23 IN THE DEATH OFTHE PRESIDENT OR VICE PRESI24 DENT.—Section 1751 of title 18, United States 

25 Code, is amended— 
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1 (A) in subsection (b)(2), by striking ‘‘death 

2 or’’; and 

3 (B) in subsection (d)(2), by striking 

4 ‘‘death or’’. 

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

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

7 ‘‘death or’’. 

8 (19) MURDER INVOLVED IN A RACKETEERING

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

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

11 (20) WILLFUL WRECKING OF A TRAIN RESULT12 ING IN DEATH.—Section 1992(b) of title 18, United 

13 States Code, is amended by striking ‘‘to the death 

14 penalty or’’. 

15 (21) BANK ROBBERY-RELATED MURDER OR

16 KIDNAPING.—Section 2113(e) of title 18, United 

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

18 (22) MURDER RELATED TO A CARJACKING.— 

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

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

21 (23) MURDER RELATED TO AGGRAVATED

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

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

24 the death penalty is imposed,’’. 
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1 (24) MURDER RELATED TO SEXUAL ABUSE.— 

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

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

4 (25) MURDER RELATED TO SEXUAL EXPLOI5 TATION OFCHILDREN.—Section 2251(d) of title 18, 

6 United States Code, is amended by striking ‘‘pun7 ished by death or’’. 

8 (26) MURDER COMMITTED DURING AN OF9 FENSE AGAINST MARITIME NAVIGATION.—Section 

10 2280(a)(1) of title 18, United States Code, is 

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

12 (27) MURDER COMMITTED DURING AN OF13 FENSE AGAINST A MARITIME FIXED PLATFORM.— 

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

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

16 (28) TERRORIST MURDER OFA UNITED STATES

17 NATIONAL IN ANOTHER COUNTRY.—Section 

18 2332(a)(1) of title 18, United States Code, is 

19 amended by striking ‘‘death or’’. 

20 (29) MURDER BY THE USE OFA WEAPON OF

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

22 United States Code, is amended— 

23 (A) in subsection (a), by striking ‘‘pun24 ished by death or’’; and 
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1 (B) in subsection (b), by striking ‘‘by 

2 death, or’’. 

3 (30) MURDER BY ACT OFTERRORISM TRAN4 SCENDING NATIONAL BOUNDARIES.—Section 

5 2332b(c)(1)(A) of title 18, United States Code, is 

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

7 (31) MURDER INVOLVING TORTURE.—Section 

8 2340A(a) of title 18, United States Code, is amend9 ed by striking ‘‘punished by death or’’. 

10 (32) MURDER RELATED TO A CONTINUING

11 CRIMINAL ENTERPRISE OR RELATED MURDER OFA

12 FEDERAL, STATE, OR LOCAL LAW ENFORCEMENT

13 OFFICER.—Section 408 of the Controlled Substances 

14 Act (21 U.S.C. 848) is amended— 

15 (A) in each of subparagraphs (A) and (B) 

16 of subsection (e)(1), by striking ‘‘, or may be 

17 sentenced to death’’; 

18 (B) by striking subsections (g) and (h) and 

19 inserting the following: 

20 ‘‘(g) [Reserved.] 

21 ‘‘(h) [Reserved.]’’; 

22 (C) in subsection (j), by striking ‘‘and as 

23 to appropriateness in that case of imposing a 

24 sentence of death’’; 
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1 (D) in subsection (k), by striking ‘‘, other 

2 than death,’’ and all that follows before the pe3 riod at the end and inserting ‘‘authorized by 

4 law’’; and 

5 (E) by striking subsections (l) and (m) and 

6 inserting the following: 

7 ‘‘(l) [Reserved.] 

8 ‘‘(m) [Reserved.]’’. 

9 (33) DEATH RESULTING FROM AIRCRAFT HI10 JACKING.—Section 46502 of title 49, United States 

11 Code, is amended— 

12 (A) in subsection (a)(2), by striking ‘‘put 

13 to death or’’; and 

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

15 ‘‘put to death or’’. 

16 (b) NON-HOMICIDE RELATED OFFENSES.— 

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

18 United States Code, is amended by striking ‘‘pun19 ished by death or’’ and all that follows before the pe20 riod and inserting ‘‘imprisoned for any term of years 

21 or for life’’. 

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

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

24 death, or’’. 
10 

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1 (c) REPEAL OF CRIMINAL PROCEDURES RELATING

2 TO IMPOSITION OF DEATH SENTENCE.— 

3 (1) IN GENERAL.—Chapter 228 of title 18, 

4 United States Code, is repealed. 

5 (2) TECHNICAL AND CONFORMING AMEND6 MENT.—The table of chapters for part II of title 18, 

7 United States Code, is amended by striking the item 

8 relating to chapter 228. 

9 SEC. 3. PROHIBITION ON IMPOSITION OF DEATH SEN10 TENCE. 

11 (a) IN GENERAL.—Notwithstanding any other provi12 sion of law, no person may be sentenced to death or put 

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

14 for any violation of Federal law . 

15 (b) PERSONS SENTENCED BEFORE DATE OF ENACT16 MENT.—Notwithstanding any other provision of law, any 

17 person sentenced to death before the date of enactment 

18 of this Act for any violation of Federal law shall serve 

19 a sentence of life imprisonment without the possibility of 

20 parole. 

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