Union Calendar No. 259

103D CONGRESS

2D SESSION H. R. 4035

[Report No. 103–467]

A BILL

To establish constitutional procedures for the

imposition of the death penalty.

MARCH 25, 1994

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 259

103D CONGRESS

2D SESSION H. R. 4035

[Report No. 103–467]

To establish constitutional procedures for the imposition of the death penalty.

IN THE HOUSE OF REPRESENTATIVES

MARCH 15, 1994

Mr. EDWARDS of California (for himself and Mr. SCHUMER) introduced the

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

MARCH 25, 1994

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on March 15, 1994]

A BILL

To establish constitutional procedures for the imposition of

the death penalty.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. CONSTITUTIONAL PROCEDURES FOR THE IM2 POSITION OF THE SENTENCE OF DEATH.

3 Part II of title 18 of the United States Code is amend4 ed by adding the following new chapter after chapter 227:

5 ‘‘CHAPTER 228—DEATH SENTENCE

‘‘Sec.

‘‘3591. Sentence of death.

‘‘3592. Mitigating and aggravating 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.

‘‘3598. Special provisions for Indian country.

6 ‘‘§ 3591. Sentence of death

7 ‘‘A defendant who has been found guilty of—

8 ‘‘(1) an offense described in section 794 or sec9 tion 2381 of this title; or

10 ‘‘(2) any other offense for which a sentence of

11 death is provided, if the defendant, as determined be12 yond a reasonable doubt at the hearing under section

13 3593—

14 ‘‘(A) intentionally killed the victim;

15 ‘‘(B) intentionally inflicted serious bodily

16 injury that resulted in the death of the victim;

17 ‘‘(C) intentionally participated in an act,

18 contemplating that the life of a person would be

19 taken or intending that lethal force would be

20 used in connection with a person, other than one
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1 of the participants in the offense, and the victim

2 died as a direct result of the act; or

3 ‘‘(D) intentionally and specifically engaged

4 in an act of violence, knowing that the act cre5 ated a grave risk of death to a person, other than

6 one of the participants in the offense, such that

7 participation in the act constituted a reckless

8 disregard for human life and the victim died as

9 a direct result of the act,

10 shall be sentenced to death if, after consideration of the fac11 tors set forth in section 3592 in the course of a hearing

12 held pursuant to section 3593, it is determined that imposi13 tion of a sentence of death is justified, except that no person

14 may be sentenced to death who was less than 18 years of

15 age at the time of the offense.

16 ‘‘§ 3592. Mitigating and aggravating factors to be con17 sidered in determining whether a sen18 tence of death is justified

19 ‘‘(a) MITIGATING FACTORS.—In determining whether

20 a sentence of death is to be imposed on a defendant, the

21 finder of fact shall consider any mitigating factor, includ22 ing the following:

23 ‘‘(1) IMPAIRED CAPACITY.—The defendant’s ca24 pacity to appreciate the wrongfulness of the defend25 ant’s conduct or to conform conduct to the require-
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1 ments of law was significantly impaired, regardless of

2 whether the capacity was so impaired as to constitute

3 a defense to the charge.

4 ‘‘(2) DURESS.—The defendant was under un5 usual and substantial duress, regardless of whether

6 the duress was of such a degree as to constitute a de7 fense to the charge.

8 ‘‘(3) MINOR PARTICIPATION.—The defendant is

9 punishable as a principal (as defined in section 2 of

10 title 18 of the United States Code) in the offense,

11 which was committed by another, but the defendant’s

12 participation was relatively minor, regardless of

13 whether the participation was so minor as to con14 stitute a defense to the charge.

15 ‘‘(4) EQUALLY CULPABLE DEFENDANTS.—An16 other defendant or defendants, equally culpable in the

17 crime, will not be punished by death.

18 ‘‘(5) NO PRIOR CRIMINAL RECORD.—The defend19 ant did not have a significant prior history of other

20 criminal conduct.

21 ‘‘(6) DISTURBANCE.—The defendant committed

22 the offense under severe mental or emotional disturb23 ance.
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1 ‘‘(7) VICTIM’S CONSENT.—The victim consented

2 to the criminal conduct that resulted in the victim’s

3 death.

4 ‘‘(8) OTHER FACTORS.—Other factors in the de5 fendant’s background, record, or character or any

6 other circumstance of the offense that mitigate against

7 imposition of the death sentence.

8 ‘‘(b) AGGRAVATING FACTORS FOR ESPIONAGE AND

9 TREASON.—In determining whether a sentence of death is

10 justified for an offense described in section 3591(1), the

11 jury, or if there is no jury, the court, shall consider each

12 of the following aggravating factors for which notice has

13 been given and determine which, if any, exist:

14 ‘‘(1) PRIOR ESPIONAGE OR TREASON OFFENSE.—

15 The defendant has previously been convicted of an16 other offense involving espionage or treason for which

17 a sentence of either life imprisonment or death was

18 authorized by law.

19 ‘‘(2) GRAVE RISK TO NATIONAL SECURITY.—In

20 the commission of the offense the defendant knowingly

21 created a grave risk of substantial danger to the na22 tional security.

23 ‘‘(3) GRAVE RISK OF DEATH.—In the commis24 sion of the offense the defendant knowingly created a

25 grave risk of death to another person.
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1 The jury, or if there is no jury, the court, may consider

2 whether any other aggravating factor for which notice has

3 been given exists.

4 ‘‘(c) AGGRAVATING FACTORS FOR HOMICIDE.—In de5 termining whether a sentence of death is justified for an

6 offense described in section 3591(2), the jury, or if there

7 is no jury, the court, shall consider each of the following

8 aggravating factors for which notice has been given and de9 termine which, if any, exist:

10 ‘‘(1) DEATH DURING COMMISSION OF ANOTHER

11 CRIME.—The death, or injury resulting in death, oc12 curred during the commission or attempted commis13 sion of, or during the immediate flight from the com14 mission of, an offense under section 32 (destruction of

15 aircraft or aircraft facilities), section 33 (destruction

16 of motor vehicles or motor vehicle facilities), section

17 36 (violence at international airports), section 351

18 (violence against Members of Congress, Cabinet offi19 cers, or Supreme Court Justices), an offense under

20 section 751 (prisoners in custody of institution or of21 ficer), section 794 (gathering or delivering defense in22 formation to aid foreign government), section 844(d)

23 (transportation of explosives in interstate commerce

24 for certain purposes), section 844(f) (destruction of

25 Government property by explosives), section 1118
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1 (prisoners serving life term), section 1201 (kidnap2 ping), section 844(i) (destruction of property affecting

3 interstate commerce by explosives), section 1116 (kill4 ing or attempted killing of diplomats), section 1203

5 (hostage taking), section 1992 (wrecking trains), sec6 tion 2280 (maritime violence), section 2281 (mari7 time platform violence), section 2332 (terrorist acts

8 abroad against United States nationals), section 2339

9 (use of weapons of mass destruction), or section 2381

10 (treason) of this title, or section 902 (i) or (n) of the

11 Federal Aviation Act of 1958 (49 U.S.C. 1472 (i) or

12 (n)) (aircraft piracy).

13 ‘‘(2) PREVIOUS CONVICTION OF VIOLENT FELONY

14 INVOLVING FIREARM.—For any offense, other than an

15 offense for which a sentence of death is sought on the

16 basis of section 924(c) of this title, as amended by this

17 Act, the defendant has previously been convicted of a

18 Federal or State offense punishable by a term of im19 prisonment of more than one year, involving the use

20 or attempted or threatened use of a firearm, as de21 fined in section 921 of this title, against another

22 person.

23 ‘‘(3) PREVIOUS CONVICTION OF OFFENSE FOR

24 WHICH A SENTENCE OF DEATH OR LIFE IMPRISON25 MENT WAS AUTHORIZED.—The defendant has pre-
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1 viously been convicted of another Federal or State of2 fense resulting in the death of a person, for which a

3 sentence of life imprisonment or a sentence of death

4 was authorized by statute.

5 ‘‘(4) PREVIOUS CONVICTION OF OTHER SERIOUS

6 OFFENSES.—The defendant has previously been con7 victed of two or more Federal or State offenses, pun8 ishable by a term of imprisonment of more than one

9 year, committed on different occasions, involving the

10 infliction of, or attempted infliction of, serious bodily

11 injury or death upon another person.

12 ‘‘(5) GRAVE RISK OF DEATH TO ADDITIONAL

13 PERSONS.—The defendant, in the commission of the

14 offense, or in escaping apprehension for the violation

15 of the offense, knowingly created a grave risk of death

16 to one or more persons in addition to the victim of

17 the offense.

18 ‘‘(6) HEINOUS, CRUEL, OR DEPRAVED MANNER

19 OF COMMITTING OFFENSE.—The defendant committed

20 the offense in an especially heinous, cruel, or depraved

21 manner in that it involved torture or serious physical

22 abuse to the victim.

23 ‘‘(7) PROCUREMENT OF OFFENSE BY PAYMENT.—

24 The defendant procured the commission of the offense
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1 by payment, or promise of payment, of anything of

2 pecuniary value.

3 ‘‘(8) PECUNIARY GAIN.—The defendant commit4 ted the offense as consideration for the receipt, or in

5 the expectation of the receipt, of anything of pecu6 niary value.

7 ‘‘(9) SUBSTANTIAL PLANNING AND

8 PREMEDITATION.—The defendant committed the of9 fense after substantial planning and premeditation to

10 cause the death of a person or commit an act of

11 terrorism.

12 ‘‘(10) CONVICTION FOR TWO FELONY DRUG OF13 FENSES.—The defendant has previously been con14 victed of two or more State or Federal offenses pun15 ishable by a term of imprisonment of more than one

16 year, committed on different occasions, involving the

17 distribution of a controlled substance.

18 ‘‘(11) VULNERABILITY OF VICTIM.—The victim

19 was particularly vulnerable due to old age, youth, or

20 infirmity.

21 ‘‘(12) CONVICTION FOR SERIOUS FEDERAL DRUG

22 OFFENSES.—The defendant had previously been con23 victed of violating title II or title III of the Controlled

24 Substances Act for which a sentence of 5 or more

25 years may be imposed or had previously been con-
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1 victed of engaging in a continuing criminal enter2 prise.

3 ‘‘(13) CONTINUING CRIMINAL ENTERPRISE IN4 VOLVING DRUG SALES TO MINORS.—The defendant

5 committed the offense in the course of engaging in a

6 continuing criminal enterprise in violation of section

7 408(c) of the Controlled Substances Act and that vio8 lation involved the distribution of drugs to persons

9 under the age of 21 in violation of section 418 of such

10 Act.

11 ‘‘(14) HIGH PUBLIC OFFICIALS.—The defendant

12 committed the offense against—

13 ‘‘(A) the President of the United States, the

14 President-elect, the Vice President, the Vice15 President-elect, the Vice-President-designate, or,

16 if there is no Vice President, the officer next in

17 order of succession to the office of the President

18 of the United States, or any person who is acting

19 as President under the Constitution and laws of

20 the United States;

21 ‘‘(B) a Chief of State, head of government,

22 or the political equivalent, of a foreign nation;

23 ‘‘(C) a foreign official listed in section

24 1116(b)(3)(A) of this title, if the official is in the

25 United States on official business; or
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1 ‘‘(D) a Federal public servant who is a

2 judge, a law enforcement officer, or an employee

3 of a United States penal or correctional institu4 tion—

5 ‘‘(i) while he or she is engaged in the

6 performance of his or her official duties;

7 ‘‘(ii) because of the performance of his

8 or her official duties; or

9 ‘‘(iii) because of his or her status as a

10 public servant.

11 For purposes of this subparagraph, a ‘law en12 forcement officer’ is a public servant authorized

13 by law or by a Government agency or Congress

14 to conduct or engage in the prevention, inves15 tigation, or prosecution or adjudication of an of16 fense, and includes those engaged in corrections,

17 parole, or probation functions.

18 ‘‘(15) PRIOR CONVICTION OF SEXUAL ASSAULT

19 OR CHILD MOLESTATION.—In the case of an offense

20 under chapter 109A (sexual abuse) or chapter 110

21 (sexual abuse of children), the defendant has pre22 viously been convicted of a crime of sexual assault or

23 crime of child molestation.
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1 The jury, or if there is no jury, the court, may consider

2 whether any other aggravating factor for which notice has

3 been given exists.

4 ‘‘§ 3593. Special hearing to determine whether a sen5 tence of death is justified

6 ‘‘(a) NOTICE BY THE GOVERNMENT.—If, in a case in7 volving an offense described in section 3591, the attorney

8 for the government believes that the circumstances of the of9 fense are such that a sentence of death is justified under

10 this chapter, the attorney shall, a reasonable time before the

11 trial or before acceptance by the court of a plea of guilty,

12 sign and file with the court, and serve on the defendant,

13 a notice—

14 ‘‘(1) stating that the government believes that the

15 circumstances of the offense are such that, if the de16 fendant is convicted, a sentence of death is justified

17 under this chapter and that the government will seek

18 the sentence of death; and

19 ‘‘(2) setting forth the aggravating factor or fac20 tors that the government, if the defendant is convicted,

21 proposes to prove as justifying a sentence of death.

22 The factors for which notice is provided under this sub23 section may include factors concerning the effect of the of24 fense on the victim and the victim’s family, and may in25 clude oral testimony, a victim impact statement that identi-
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1 fies the victim of the offense and the extent and scope of

2 the injury and loss suffered by the victim and the victim’s

3 family, and any other relevant information. The court may

4 permit the notice to include any aggravating factor that

5 is not an element of the underlying offense. The court may

6 also permit the attorney for the government to amend the

7 notice upon a showing of good cause.

8 ‘‘(b) HEARING BEFORE A COURT OR JURY.—If the at9 torney for the government has filed a notice as required

10 under subsection (a) and the defendant is found guilty of

11 or pleads guilty to an offense described in section 3591, the

12 judge who presided at the trial or before whom the guilty

13 plea was entered, or another judge if that judge is unavail14 able, shall conduct a separate sentencing hearing to deter15 mine the punishment to be imposed. The hearing shall be

16 conducted—

17 ‘‘(1) before the jury that determined the defend18 ant’s guilt;

19 ‘‘(2) before a jury impaneled for the purpose of

20 the hearing if—

21 ‘‘(A) the defendant was convicted upon a

22 plea of guilty;

23 ‘‘(B) the defendant was convicted after a

24 trial before the court sitting without a jury;
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1 ‘‘(C) the jury that determined the defend2 ant’s guilt was discharged for good cause; or

3 ‘‘(D) after initial imposition of a sentence

4 under this section, reconsideration of the sentence

5 under this section is necessary; or

6 ‘‘(3) before the court alone, upon the motion of

7 the defendant.

8 A jury impaneled pursuant to paragraph (2) shall consist

9 of 12 members, unless, at any time before the conclusion

10 of the hearing, the parties stipulate, with the approval of

11 the court, that it shall consist of a lesser number.

12 ‘‘(c) PROOF OF MITIGATING AND AGGRAVATING FAC13 TORS.—Notwithstanding rule 32(c) of the Federal Rules of

14 Criminal Procedure, when a defendant is found guilty or

15 pleads guilty to an offense under section 3591, no

16 presentence report shall be prepared. At the sentencing hear17 ing, information may be presented as to any matter rel18 evant to the sentence, including any mitigating or aggra19 vating factor permitted or required to be considered under

20 section 3592. Information presented may include the trial

21 transcript and exhibits if the hearing is held before a jury

22 or judge not present during the trial. The defendant may

23 present any information relevant to a mitigating factor.

24 The government may present any information relevant to

25 an aggravating factor for which notice has been provided
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1 under subsection (a). The government and the defendant

2 shall be permitted to rebut any information received at the

3 hearing, and shall be given fair opportunity to present ar4 gument as to the adequacy of the information to establish

5 the existence of any aggravating or mitigating factor, and

6 as to the appropriateness in the case of imposing a sentence

7 of death. The government shall open the argument. The de8 fendant shall be permitted to reply. The government shall

9 then be permitted to reply in rebuttal. The burden of estab10 lishing the existence of any aggravating factor is on the gov11 ernment, and is not satisfied unless the existence of such

12 a factor is established beyond a reasonable doubt. The bur13 den of establishing the existence of any mitigating factor

14 is on the defendant, and is not satisfied unless the existence

15 of such a factor is established by a preponderance of the

16 information.

17 ‘‘(d) RETURN OF SPECIAL FINDINGS.—The jury, or if

18 there is no jury, the court, shall consider all the information

19 received during the hearing. It shall return special findings

20 identifying any aggravating factor or factors set forth in

21 section 3592 found to exist and any other aggravating fac22 tor for which notice has been provided under subsection (a)

23 found to exist. A finding with respect to a mitigating factor

24 may be made by 1 or more members of the jury, and any

25 member of the jury who finds the existence of a mitigating
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1 factor may consider such factor established for purposes of

2 this section regardless of the number of jurors who concur

3 that the factor has been established. A finding with respect

4 to any aggravating factor must be unanimous. If no aggra5 vating factor set forth in section 3592 is found to exist, the

6 court shall impose a sentence other than death authorized

7 by law.

8 ‘‘(e) RETURN OF A FINDING CONCERNING A SENTENCE

9 OF DEATH.—If, in the case of—

10 ‘‘(1) an offense described in section 3591(1), an

11 aggravating factor required to be considered under

12 section 3592(b) is found to exist; or

13 ‘‘(2) an offense described in section 3591(2), an

14 aggravating factor required to be considered under

15 section 3592(c) is found to exist,

16 the jury, or if there is no jury, the court, shall consider

17 whether all the aggravating factor or factors found to exist

18 sufficiently outweigh all the mitigating factor or factors

19 found to exist to justify a sentence of death, or, in the ab20 sence of a mitigating factor, whether the aggravating factor

21 or factors alone are sufficient to justify a sentence of death.

22 Based upon this consideration, the jury by unanimous vote,

23 or if there is no jury, the court, shall recommend whether

24 the defendant should be sentenced to death, to life imprison25 ment without possibility of release, or to some other lesser
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1 sentence. The jury or the court, if there is no jury, regardless

2 of its findings with respect to aggravating and mitigating

3 factors, is never required to impose a death sentence and

4 the jury shall be so instructed.

5 ‘‘(f) SPECIAL PRECAUTION TO ENSURE AGAINST DIS6 CRIMINATION.—In a hearing held before a jury, the court,

7 prior to the return of a finding under subsection (e), shall

8 instruct the jury that, in considering whether a sentence

9 of death is justified, it shall not consider the race, color,

10 religious beliefs, national origin, or sex of the defendant or

11 of any victim and that the jury is not to recommend a sen12 tence of death unless it has concluded that it would rec13 ommend a sentence of death for the crime in question no

14 matter what the race, color, religious beliefs, national ori15 gin, or sex of the defendant or of any victim may be. The

16 jury, upon return of a finding under subsection (e), shall

17 also return to the court a certificate, signed by each juror,

18 that consideration of the race, color, religious beliefs, na19 tional origin, or sex of the defendant or any victim was

20 not involved in reaching his or her individual decision and

21 that the individual juror would have made the same rec22 ommendation regarding a sentence for the crime in question

23 no matter what the race, color, religious beliefs, national

24 origin, or sex of the defendant or any victim may be.
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1 ‘‘§ 3594. Imposition of a sentence of death

2 ‘‘Upon a recommendation under section 3593(e) that

3 the defendant should be sentenced to death or life imprison4 ment without possibility of release, the court shall sentence

5 the defendant accordingly. Otherwise, the court shall impose

6 any lesser sentence that is authorized by law. Notwithstand7 ing any other provision of law, if the maximum term of

8 imprisonment for the offense is life imprisonment, the court

9 may impose a sentence of life imprisonment without possi10 bility of release.

11 ‘‘§ 3595. Review of a sentence of death

12 ‘‘(a) APPEAL.—In a case in which a sentence of death

13 is imposed, the sentence shall be subject to review by the

14 court of appeals upon appeal by the defendant. Notice of

15 appeal must be filed within the time specified for the filing

16 of a notice of appeal. An appeal under this section may

17 be consolidated with an appeal of the judgment of convic18 tion and shall have priority over all other cases.

19 ‘‘(b) REVIEW.—The court of appeals shall review the

20 entire record in the case, including—

21 ‘‘(1) the evidence submitted during the trial;

22 ‘‘(2) the information submitted during the sen23 tencing hearing;

24 ‘‘(3) the procedures employed in the sentencing

25 hearing; and
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1 ‘‘(4) the special findings returned under section

2 3593(d).

3 ‘‘(c) DECISION AND DISPOSITION.—

4 ‘‘(1) The court of appeals shall address all sub5 stantive and procedural issues raised on the appeal of

6 a sentence of death, and shall consider whether the

7 sentence of death was imposed under the influence of

8 passion, prejudice, or any other arbitrary factor and

9 whether the evidence supports the special finding of

10 the existence of an aggravating factor required to be

11 considered under section 3592.

12 ‘‘(2) Whenever the court of appeals finds that—

13 ‘‘(A) the sentence of death was imposed

14 under the influence of passion, prejudice, or any

15 other arbitrary factor;

16 ‘‘(B) the admissible evidence and informa17 tion adduced does not support the special finding

18 of the existence of the required aggravating

19 factor; or

20 ‘‘(C) the proceedings involved any other

21 legal error requiring reversal of the sentence that

22 was properly preserved for appeal under the

23 rules of criminal procedure,
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1 the court shall remand the case for reconsideration

2 under section 3593 or imposition of a sentence other

3 than death.

4 ‘‘(3) The court of appeals shall state in writing

5 the reasons for its disposition of an appeal of a sen6 tence of death under this section.

7 ‘‘(4) The sentence shall be affirmed if the court

8 finds that a remaining aggravating factor found to

9 exist is one allowed under section 3592 of this title

10 and that the remaining aggravating factor or factors

11 found to exist sufficiently outweigh any mitigating

12 factors found to exist.

13 ‘‘§ 3596. Implementation of a sentence of death

14 ‘‘(a) IN GENERAL.—A person who has been sentenced

15 to death pursuant to the provisions of this chapter shall

16 be committed to the custody of the Attorney General until

17 exhaustion of the procedures for appeal of the judgment of

18 conviction and for review of the sentence. When the sentence

19 is to be implemented, the Attorney General shall release the

20 person sentenced to death to the custody of a United States

21 marshal, who shall supervise implementation of the sentence

22 in the manner prescribed by the law of the State in which

23 the sentence is imposed. If the law of such State does not

24 provide for implementation of a sentence of death, the court

25 shall designate another State, the law of which does provide
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1 for the implementation of a sentence of death, and the sen2 tence shall be implemented in the latter State in the manner

3 prescribed by such law.

4 ‘‘(b) PREGNANT WOMAN.—A sentence of death shall not

5 be carried out upon a woman while she is pregnant.

6 ‘‘(c) MENTAL CAPACITY.—A sentence of death shall not

7 be carried out upon a person who is mentally retarded. A

8 sentence of death shall not be carried out upon a person

9 who, as a result of mental disability, lacks the mental ca10 pacity to understand the death penalty and why it was im11 posed on that person.

12 ‘‘§ 3597. Use of State facilities

13 ‘‘(a) IN GENERAL.—A United States marshal charged

14 with supervising the implementation of a sentence of death

15 may use appropriate State or local facilities for the pur16 pose, may use the services of an appropriate State or local

17 official or of a person such an official employs for the pur18 pose, and shall pay the costs thereof in an amount approved

19 by the Attorney General.

20 ‘‘(b) EXCUSE OF AN EMPLOYEE ON MORAL OR RELI21 GIOUS GROUNDS.—No employee of any State department

22 of corrections, the United States Department of Justice, the

23 Federal Bureau of Prisons, or the United States Marshals

24 Service, and no employee providing services to that depart25 ment, bureau, or service under contract shall be required,
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1 as a condition of that employment or contractual obliga2 tion, to be in attendance at or to participate in any pros3 ecution or execution under this section if such participation

4 is contrary to the moral or religious convictions of the em5 ployee. For purposes of this subsection, the term ‘participa6 tion’ includes personal preparation of the condemned indi7 vidual and the apparatus used for execution and super8 vision of the activities of other personnel in carrying out

9 such activities.

10 ‘‘§ 3598. Special provisions for Indian country

11 ‘‘Notwithstanding sections 1152 and 1153, no person

12 subject to the criminal jurisdiction of an Indian tribal gov13 ernment shall be subject to a capital sentence under this

14 chapter for any offense the Federal jurisdiction for which

15 is predicated solely on Indian country as defined in section

16 1151 of this title, and which has occurred within the bound17 aries of such Indian country, unless the governing body of

18 the tribe has elected that this chapter have effect over land

19 and persons subject to its criminal jurisdiction.’’.

20 (b) AMENDMENT OF CHAPTER ANALYSIS.—The chap21 ter analysis of part II of title 18, United States Code, is

22 amended by adding the following new item after the item

23 relating to chapter 227:

‘‘228. Death sentence .............................................................................. 3591’’.

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