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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 382 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 382

To reform procedures for the imposition of capital punishment, and for 
                            other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 5, 1993

 Mr. Solomon introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
To reform procedures for the imposition of capital punishment, and for 
                            other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Capital Punishment Procedures Act of 
1993''.

SEC. 2. DEATH PENALTY PROCEDURES.

    (a) In General.--Title 18 of the United States Code is amended by 
inserting after chapter 227 the following:

                ``CHAPTER 228--DEATH PENALTY PROCEDURES

``Sec.
``3591. Sentence of death.
``3592. Factors to be considered in determining whether a sentence of 
                            death is justified.
``3593. Special hearing to determine whether a sentence of death is 
                            justified.
``3594. Imposition of a sentence of death.
``3595. Review of a sentence of death.
``3596. Implementation of a sentence of death.
``3597. Use of State facilities.
``Sec. 3591. Sentence of death
    ``A defendant who has been found guilty of--
            ``(1) an offense described in section 794 or section 2381 
        of this title;
            ``(2) an offense described in section 1751(c) of this 
        title, if the offense, as determined beyond a reasonable doubt 
        at a hearing under section 3593, constitutes an attempt to 
        murder the President of the United States and results in bodily 
        injury to the President or comes dangerously close to causing 
        the death of the President; or
            ``(3) any other offense for which a sentence of death is 
        provided, if the defendant, as determined beyond a reasonable 
        doubt at a hearing under section 3593 either--
                    ``(A) intentionally killed the victim;
                    ``(B) intentionally participated in an act, 
                contemplating that the life of a person would be taken 
                or intending that lethal force would be used in 
                connection with a person, other than one of the 
                participants in the offense, and the victim died as a 
                direct result of the act; or
                    ``(C) intentionally and significantly participated 
                in an act, knowing that the act created a grave risk of 
                death to a person, other than one of the participants 
                in the offense, such that participation in the act 
                constituted a reckless disregard for human life, and 
                the victim died as a direct result of the act;
        shall be sentenced to death if, after consideration of the 
        factors set forth in section 3592 of this title in the course 
        of a hearing held pursuant to section 3593 of this title, it is 
        determined that imposition of a sentence of death is justified. 
        However, no person may be sentenced to death who was less than 
        18 years of age at the time of the offense.
``Sec. 3592. Factors to be considered in determining whether a sentence 
              of death is justified.
    ``(a) Mitigating Factors.--In determining whether a sentence of 
death is justified for any offense, the jury, or if there is no jury, 
the court, shall consider each of the following mitigating factors and 
determine which, if any, exist:
            ``(1) Mental capacity.--The defendant's mental capacity was 
        significantly impaired, although the impairment was not such as 
        to constitute a defense to prosecution.
            ``(2) Duress.--The defendant was under unusual and 
        substantial duress, although not such duress as would 
        constitute a defense to prosecution.
            ``(3) Participation in offense minor.--The defendant was an 
        accomplice whose participation in the offense was relatively 
        minor.
The jury, or if there is no jury, the court, shall consider whether any 
other mitigating factor exists.
    ``(b) Aggravating Factors for Espionage and Treason.--In 
determining whether a sentence of death is justified for an offense 
described in section 3591(a), the jury, or if there is no jury, the 
court, shall consider each of the following aggravating factors and 
determine which, if any, exist:
            ``(1) Previous espionage or treason conviction.--The 
        defendant has previously been convicted of another offense 
        involving espionage or treason for which a sentence of life 
        imprisonment or death was authorized by statute.
            ``(2) Risk of substantial danger to national security.--In 
        the commission of the offense the defendant knowingly created a 
        grave risk of substantial danger to the national security.
            ``(3) Risk of death of another.--In the commission of the 
        offense the defendant knowingly created a grave risk of death 
        to another person.
The jury, or if there is no jury, the court, may consider whether any 
other aggravating factor exists.
    ``(c) Aggravating Factors for Homicide and for Attempted Murder of 
the President.--In determining whether a sentence of death is justified 
for an offense described in section 3591 (b) or (c), the jury, or if 
there is no jury, the court, shall consider each of the following 
aggravating factors and determine which, if any, exist:
            ``(1) Death occurred during commission of another crime.--
        The death occurred during the commission or attempted 
        commission of, or during the immediate flight from the 
        commission of, an offense under section 751 (prisoners in 
        custody of institution or officer), section 794 (gathering or 
        delivering defense information to aid foreign government), 
        section 844(d) (transportation of explosives in interstate 
        commerce for certain purposes), section 844(f) (destruction of 
        Government property by explosives), section 1118 (prisoners 
        serving life term), section 1201 (kidnaping), or section 2381 
        (treason) of this title, section 1826 of title 28 (persons in 
        custody as recalcitrant witnesses or hospitalized following a 
        finding of not guilty only by reason of insanity), or section 
        902 (i) or (n) of the Federal Aviation Act of 1958 (49 U.S.C. 
        App. 1472 (i) or (n) (aircraft piracy)).
            ``(2) Previous conviction of offense for which a sentence 
        of death or life imprisonment was authorized.--The defendant 
        has previously been convicted of another Federal or State 
        offense resulting in the death of a person, for which a 
        sentence of life imprisonment or death was authorized by 
        statute.
            ``(3) Previous conviction of other serious offenses.--The 
        defendant has previously been convicted of two or more Federal 
        or State offenses, each punishable by a term of imprisonment of 
        more than one year, committed on different occasions, involving 
        controlled substances or the infliction of, or attempted 
        infliction of, serious bodily injury or death upon another 
        person.
            ``(4) Grave risk of death to additional persons.--The 
        defendant, in the commission of the offense, knowingly created 
        a grave risk of death to one or more persons in addition to the 
        victim of the offense.
            ``(5) Heinous, cruel, or depraved manner of commission.--
        The defendant committed the offense in an especially heinous, 
        cruel, or depraved manner.
            ``(6) Procurement of the offense by payment.--The defendant 
        procured the commission of the offense by payment, or promise 
        of payment, of anything of pecuniary value.
            ``(7) Commission of the offense for payment.--The defendant 
        committed the offense as consideration for the receipt, or in 
        the expectation of the receipt, of anything of pecuniary value.
            ``(8) Substantial planning and premeditation.--The 
        defendant committed the offense after substantial planning and 
        premeditation.
            ``(9) Vulnerability of victim.--The victim was particularly 
        vulnerable due to old age, youth, or infirmity.
            ``(10) Type of victim.--
                    ``(A) In general.--The defendant committed the 
                offense against--
                            ``(i) the President of the United States, 
                        the President-elect, the Vice President, the 
                        Vice-President-elect, the Vice-President-
                        designate, or, if there is no Vice President, 
                        the officer next in order of succession to the 
                        office of the President of the United States, 
                        or any person who is acting as President under 
                        the Constitution and laws of the United States;
                            ``(ii) a chief of state, head of 
                        government, or the political equivalent, of a 
                        foreign nation;
                            ``(iii) a foreign official listed in 
                        section 1116(b)(3)(A) of this title, if that 
                        official is in the United States on official 
                        business; or
                            ``(iv) a public servant who is a Federal 
                        judge, a Federal law enforcement officer, an 
                        employee (including a volunteer or contract 
                        employee) of a Federal prison, or an official 
                        of the Federal Bureau of Prisons--
                                    ``(I) while that public servant is 
                                engaged in the performance of official 
                                duties;
                                    ``(II) because of the performance 
                                of that public servant's official 
                                duties; or
                                    ``(III) because of that public 
                                servant's status as a public servant.
                    ``(B) Definitions.--For purposes of subparagraph 
                (A) of this paragraph--
                            ``(i) the term `Federal law enforcement 
                        officer' means a public servant authorized by 
                        law or by a Government agency or Congress to 
                        conduct or engage in the prevention, 
                        investigation, or prosecution of an offense;
                            ``(ii) the term `Federal prison' means a 
                        Federal correctional, detention, or penal 
                        facility, Federal community treatment center, 
                        or Federal halfway house, or any such prison 
                        operated under contract with the Federal 
                        Government; and
                            ``(iii) the term `Federal judge' means any 
                        judicial officer of the United States, and 
                        includes a justice of the Supreme Court and a 
                        magistrate.
The jury, or if there is no jury, the court, may consider whether any 
other aggravating factor exists.
``Sec. 3593. Special hearing to determine whether a sentence of death 
              is justified
    ``(a) Notice by the Government.--If, in a case involving an offense 
described in section 3591 of this title, the attorney for the 
Government believes that the circumstances of the offense are such that 
a sentence of death is justified under this chapter, he shall, a 
reasonable time before the trial, or before acceptance by the court of 
a plea of guilty, or at such time thereafter as the court may permit 
upon a showing of good cause, sign and file with the court, and serve 
on the defendant, a notice--
            ``(1) stating that the Government believes that the 
        circumstances of the offense are such that, if the defendant is 
        convicted, a sentence of death is justified under this chapter; 
        and
            ``(2) setting forth the aggravating factor or factors, 
        including a factor or factors not specifically enumerated in 
        section 3592, that the Government, if the defendant is 
        convicted, proposes to prove as justifying a sentence of death.
The court may permit the attorney for the Government to amend the 
notice upon a showing of good cause.
    ``(b) Hearing Before a Court or Jury.--If the attorney for the 
Government has filed a notice as required under subsection (a) and the 
defendant is found guilty of an offense described in section 3591, the 
judge who presided at the trial or before whom the guilty plea was 
entered, or another judge if that judge is unavailable, shall conduct a 
separate sentencing hearing to determine the punishment to be imposed. 
Prior to such a hearing, no presentence report shall be prepared by the 
United States Probation Service, notwithstanding the provisions of the 
Federal Rules of Criminal Procedure. The hearing shall be conducted--
            ``(1) before the jury that determined the defendant's 
        guilt;
            ``(2) before a jury impaneled for the purpose of the 
        hearing if--
                    ``(A) the defendant was convicted upon a plea of 
                guilty;
                    ``(B) the defendant was convicted after a trial 
                before the court sitting without a jury;
                    ``(C) the jury that determined the defendant's 
                guilt was discharged for good cause; or
                    ``(D) after initial imposition of a sentence under 
                this section, reconsideration of the sentence under the 
                section is necessary; or
            ``(3) before the court alone, upon motion of the defendant 
        and with the approval of the attorney for the Government.
A jury impaneled pursuant to paragraph (2) shall consist of 12 members, 
unless, at any time before the conclusion of the hearing, the parties 
stipulate, with the approval of the court, that it shall consist of a 
lesser number.
    ``(c) Proof of Mitigating and Aggravating Factors.--At the hearing, 
information may be presented as to any matter relevant to the sentence, 
including any mitigating or aggravating factor permitted or required to 
be considered under section 3592 of this title. Information presented 
may include the trial transcript and exhibits if the hearing is held 
before a jury or judge not present during the trial. Any other 
information relevant to a mitigating or aggravating factor may be 
presented by either the attorney for the Government or the defendant, 
regardless of its admissibility under the rules governing admission of 
evidence at criminal trials, except that information may be excluded if 
its probative value is outweighed by the danger of creating unfair 
prejudice, confusing the issues, or misleading the jury. The attorney 
for the Government and for the defendant shall be permitted to rebut 
any information received at the hearing, and shall be given fair 
opportunity to present argument as to the adequacy of the information 
to establish the existence of any aggravating or mitigating factor, and 
as to the appropriateness of imposing a sentence of death in the case. 
The attorney for the Government shall open the argument. The defendant 
shall be permitted to reply. The attorney for the Government shall then 
be permitted to reply in rebuttal. The burden of establishing the 
existence of an aggravating factor is on the Government, and is not 
satisfied unless the existence of such a factor is established beyond a 
reasonable doubt. The burden of establishing the existence of any 
mitigating factor is on the defendant, and is not satisfied unless the 
existence of such a factor is established by a preponderance of the 
information.
    ``(d) Return of Special Findings.--The jury, or if there is no 
jury, the court, shall consider all the information received during the 
hearing. It shall return special findings with respect to the 
mitigating and aggravating factors concerning which information is 
received at the hearing, stating--
            ``(1) whether some mitigating factor required to be 
        considered under section 3592 exists;
            ``(2) whether some aggravating factor required to be 
        considered under section 3592 exists; and
            ``(3) which specific mitigating or aggravating factor or 
        factors exist.
A finding under paragraph (1) or (2) that some mitigating or 
aggravating factor exists must be unanimous. A finding under paragraph 
(3) that a specific mitigating or aggravating factor exists may be made 
by a majority of at least nine members of the jury.
    ``(e) Return of a Finding Concerning a Sentence of Death.--If, in 
the case of--
            ``(1) an offense described in section 3591(a), an 
        aggravating factor required to be considered under section 
        3592(b) is found to exist; or
            ``(2) an offense described in section 3591 (b) or (c), an 
        aggravating factor required to be considered under section 
        3592(c) is found to exist;
the jury, or if there is no jury, the court, shall then consider 
whether the aggravating factor or factors found to exist sufficiently 
outweigh all the mitigating factors found to exist to justify a 
sentence of death, or, in the absence of a mitigating factor, whether 
the aggravating factor or factors alone are sufficient to justify a 
sentence of death. Based upon this consideration, the jury by unanimous 
vote, or if there is no jury, the court, shall return a finding as to 
whether a sentence of death is justified.
    ``(f) Special Precaution to Assure Against Discrimination.--In a 
hearing held before a jury, the court, prior to the return of a finding 
under subsection (e) of this section, shall instruct the jury that, in 
considering whether a sentence of death is justified, it shall not 
consider the race, color, national origin, creed, or sex of the 
defendant or of any victim. The jury, upon return of a finding under 
subsection (e) of this section, shall also return to the court a 
certificate, signed by each juror, that consideration of the race, 
color, national origin, creed, or sex of the defendant or any victim 
was not involved in reaching the juror's individual decision.
``Sec. 3594. Imposition of a sentence of death
    ``Upon a finding under section 3593(e) of this title that a 
sentence of death is justified, the court shall sentence the defendant 
to death. Upon finding under section 3593(e) of this title that no 
aggravating factor required to be found exists or that a sentence of 
death is not justified, the court shall impose any sentence other than 
death that is authorized by law.
``Sec. 3595. Review of a sentence of death
    ``(a) Appeal.--In a case in which a sentence of death is imposed, 
the sentence shall be subject to review by the court of appeals upon 
appeal by the defendant. Notice of appeal must be filed within the time 
specified for the filing of a notice of appeal. An appeal under this 
section may be consolidated with an appeal of the judgment of 
conviction and shall have priority over all other cases.
    ``(b) Review.--The court of appeals shall review the entire record 
in the case, including--
            ``(1) the evidence submitted during the trial;
            ``(2) the information submitted during the sentencing 
        hearing;
            ``(3) the procedure employed in the sentencing hearing; and
            ``(4) the special findings returned under section 3593(d) 
        of this title.
    ``(c) Decision and Disposition.--
            ``(1) If the court of appeals determines that--
                    ``(A) the sentence of death was not imposed under 
                the influence of passion, prejudice, or any other 
                arbitrary factor; and
                    ``(B) the information supports the special findings 
                of the existence of an aggravating factor or factors;
        it shall affirm the sentence.
            ``(2) In any other case, the court of appeals shall remand 
        the case for reconsideration under section 3593 or for 
        imposition of another authorized sentence as appropriate.
            ``(3) The court of appeals shall state in writing the 
        reasons for its disposition of an appeal of sentence of death 
        under this section.
``Sec. 3596. Implementation of sentence of death
    ``A person who has been sentenced to death pursuant to this chapter 
shall be committed to the custody of the Attorney General until 
exhaustion of the procedures for appeal of the judgment of conviction 
and for review of the sentence. When the sentence is to be implemented, 
the Attorney General shall release the person sentenced to death to the 
custody of a United States marshal, who shall supervise implementation 
of the sentence in the manner prescribed by law of the State in which 
the sentence is imposed. If the law of such State does not provide for 
implementation of a sentence of death, the court shall designate 
another State, the law of which does so provide, and the sentence shall 
be implemented in the manner prescribed by such law. A sentence of 
death shall not be carried out upon a person who lacks the mental 
capacity to understand the death penalty and why it was imposed on that 
person, or upon a woman while she is pregnant.
``Sec. 3597. Use of State facilities
    ``A United States marshal charged with supervising the 
implementation of a sentence of death may use appropriate State or 
local facilities for the purpose, may use the services of an 
appropriate State or local official or of a person such as an official 
employed for the purpose, and shall pay the costs thereof in the amount 
approved by the Attorney General.''.
    (b) Clerical Amendment to Chapter Analysis.--Title 18, United 
States Code, is amended in the chapter analysis of part II, by adding 
the following new item after the item relating to chapter 227:

``228. Death penalty procedures.............................    3591'';

SEC. 3. CONFORMING AMENDMENT RELATING TO DESTRUCTION OF AIRCRAFT OR 
              AIRCRAFT FACILITIES.

    Section 34 of title 18, United States Code, is amended by striking 
out the comma after ``imprisonment for life'' and all that follows 
through the end of such section and inserting in lieu thereof a period.

SEC. 4. CONFORMING AMENDMENT RELATING TO ESPIONAGE.

    Section 794(a) of title 18, United States Code, is amended by 
striking out the period at the end of the section and inserting in lieu 
thereof the following: ``, except that the sentence of death shall not 
be imposed unless the jury or, if there is no jury, the court, further 
finds beyond a reasonable doubt at a hearing under section 3593 of this 
title that the offense directly concerned nuclear weaponry, military 
spacecraft and satellites, early warning systems, or other means of 
defense or retaliation against large-scale attack; war plans; 
communications intelligence or cryptographic information; sources or 
methods of intelligence or counterintelligence operations; or any other 
major weapons system or major element of defense strategy.''.

SEC. 5. CONFORMING AMENDMENT RELATING TO TRANSPORTING EXPLOSIVES.

    Section 844(d) of title 18, United States Code, is amended by 
striking out ``as provided in section 34 of this title''.

SEC. 6. CONFORMING AMENDMENT RELATING TO MALICIOUS DESTRUCTION OF 
              FEDERAL PROPERTY BY EXPLOSIVES.

    Section 844(f) of title 18, United States Code, is amended by 
striking out ``as provided in section 34 of this title''.

SEC. 7. CONFORMING AMENDMENT RELATING TO MALICIOUS DESTRUCTION OF 
              INTERSTATE PROPERTY BY EXPLOSIVES.

    Section 844(i) of title 18, United States Code, is amended by 
striking out ``as provided in section 34 of this title''.

SEC. 8. CONFORMING AMENDMENT RELATING TO MURDER.

    The second paragraph of section 1111(b) of title 18, United States 
Code, is amended to read as follows:
    ``Whoever is guilty of murder in the first degree shall be punished 
by death or by imprisonment for life;''.

SEC. 9. CONFORMING AMENDMENT RELATING TO KILLING OFFICIAL GUESTS OR 
              INTERNATIONALLY PROTECTED PERSONS.

    Section 1116(a) of title 18, United States Code, is amended by 
striking out ``any such person who is found guilty of murder in the 
first degree shall be sentenced to imprisonment for life, and''.

SEC. 10. MURDER BY FEDERAL PRISONER.

    (a) In General.--Chapter 51 of title 18, United States Code, is 
amended by adding at the end thereof the following:
``Sec. 1118. Murder by Federal prisoner
    ``(a) Whoever, while confined in a Federal prison under a sentence 
for a term of life imprisonment, murders another shall be punished by 
death or by life imprisonment.
    ``(b) For the purposes of this section--
            ``(1) the term `Federal prison' means any Federal 
        correctional, detention, or penal facility, Federal community 
        treatment center, or Federal halfway house, or any such prison 
        operated under contract with the Federal Government; and
            ``(2) the term `term of life imprisonment' means a sentence 
        for the term of natural life, a sentence commuted to natural 
        life, an indeterminate term of a minimum of at least 15 years 
        and a maximum of life, or an unexecuted sentence of death.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 51 of title 18, United States Code, is amended by adding at the 
end the following:

``1118. Murder by Federal prisoner.''.

SEC. 11. DEATH PENALTY RELATING TO KIDNAPPING.

    Section 1201(a) of title 18, United States Code, is amended by 
inserting ``and, if the death of any person results, shall be punished 
by death or life imprisonment'' after ``or for life''.

SEC. 12. DEATH PENALTY RELATING TO HOSTAGE TAKING.

    Section 1203(a) of title 18, United States Code, is amended by 
inserting ``and, if the death of any person results, shall be punished 
by death or life imprisonment'' after ``or for life''.

SEC. 13. CONFORMING AMENDMENT RELATING TO MAILABILITY OF INJURIOUS 
              ARTICLES.

    The last paragraph of section 1716 of title 18, United States Code, 
is amended by striking out the comma after ``imprisonment for life'' 
and all that follows through the end of such paragraph and inserting in 
lieu thereof a period.

SEC. 14. CONFORMING AMENDMENT RELATING TO PRESIDENTIAL ASSASSINATION.

    Subsection (c) of section 1751 of title 18, United States Code, is 
amended to read as follows:
    ``(c) Whoever attempts to murder or kidnap any individual 
designated in subsection (a) of this section shall be punished--
            ``(1) by imprisonment for any term of years or for life, or
            ``(2) by death or imprisonment for any term of years or for 
        life, if the conduct constitutes an attempt to murder the 
        President of the United States and results in bodily injury to 
        the President or otherwise comes dangerously close to causing 
        the death of the President.''.

SEC. 15. CONFORMING AMENDMENT RELATING TO MURDER FOR HIRE.

    Section 1952A(a) of title 18, United States Code, is amended by 
striking out ``and if death results, shall be subject to imprisonment 
for any term of years or for life, or shall be fined not more than 
$50,000, or both'' and inserting in lieu thereof ``and if death 
results, shall be punished by death or life imprisonment, or shall be 
fined not more than $250,000, or both''.

SEC. 16. CONFORMING AMENDMENT RELATING TO VIOLENT CRIMES IN AID OF 
              RACKETEERING ACTIVITY.

    Paragraph (1) of section 1952B(a) of title 18, United States Code, 
is amended to read as follows:
            ``(1) for murder, by death or life imprisonment, or a fine 
        of not more than $250,000, or both; and for kidnapping, by 
        imprisonment for any term of years or for life, or a fine of 
        not more than $250,000, or both;''.

SEC. 17. CONFORMING AMENDMENT RELATING TO WRECKING TRAINS.

    The second to the last paragraph of section 1992 of title 18, 
United States Code, is amended by striking out the comma after 
``imprisonment for life'' and all that follows through the end of the 
section and inserting in lieu thereof a period.

SEC. 18. CONFORMING AMENDMENT RELATING TO BANK ROBBERY.

    Section 2113(e) of title 18, United States Code, is amended by 
striking out ``or punished by death if the verdict of the jury shall so 
direct'' and inserting in lieu thereof ``or if death results shall be 
punished by death or life imprisonment''.

SEC. 19. CONFORMING AMENDMENT RELATING TO TERRORIST ACTS.

    Paragraph (1) of section 2331(a) of title 18, United States Code, 
is amended to read as follows:
            ``(1)(A) if the killing is a first degree murder as defined 
        in section 1111(a) of this title, be punished by death or 
        imprisonment for any term of years or for life, or be fined 
        under this title, or both; or
            ``(B) if the killing is a murder other than a first degree 
        murder as defined in section 1111(a) of this title, be fined 
        under this title or imprisoned for any term of years or for 
        life, or both so fined and so imprisoned;''.

SEC. 20. DEATH PENALTY RELATING TO CONTROLLED SUBSTANCES CASES.

    Section 408 of the Controlled Substances Act (21 U.S.C. 848) is 
amended by inserting after subsection (b) the following:

                     ``conditions for death penalty

    ``(c) Any person who engages in a continuing criminal enterprise 
shall be fined in accordance with subsection (a) and imprisoned for 
life or sentenced to death if, while so engaged, such person causes the 
death of another person.''.

SEC. 21. CONFORMING AMENDMENT RELATING TO AIRCRAFT HIJACKING.

    Section 903 of the Federal Aviation Act of 1958 (49 U.S.C. App. 
1473) is amended by striking out subsection (c).

SEC. 22. APPLICATION TO UNIFORM CODE OF MILITARY JUSTICE.

    Chapter 228 (relating to death penalty procedures) of title 18, 
United States Code, does not apply to prosecutions under the Uniform 
Code of Military Justice (10 U.S.C. 801 et seq.).

                                 <all>

HR 382 IH----2
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