I

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.

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 ‘‘Capital Punishment

5 Procedures Act of 1993’’.

6 SEC. 2. DEATH PENALTY PROCEDURES.

7 (a) IN GENERAL.—Title 18 of the United States

8 Code is amended by inserting after chapter 227 the follow9 ing:
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1 ‘‘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.

2 ‘‘§ 3591. Sentence of death

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

4 ‘‘(1) an offense described in section 794 or sec5 tion 2381 of this title;

6 ‘‘(2) an offense described in section 1751(c) of

7 this title, if the offense, as determined beyond a rea8 sonable doubt at a hearing under section 3593, con9 stitutes an attempt to murder the President of the

10 United States and results in bodily injury to the

11 President or comes dangerously close to causing the

12 death of the President; or

13 ‘‘(3) any other offense for which a sentence of

14 death is provided, if the defendant, as determined

15 beyond a reasonable doubt at a hearing under sec16 tion 3593 either—

17 ‘‘(A) intentionally killed the victim;

18 ‘‘(B) intentionally participated in an act,

19 contemplating that the life of a person would be

20 taken or intending that lethal force would be

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

2 victim died as a direct result of the act; or

3 ‘‘(C) intentionally and significantly partici4 pated in an act, knowing that the act created

5 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

11 the factors set forth in section 3592 of this title in

12 the course of a hearing held pursuant to section

13 3593 of this title, it is determined that imposition of

14 a sentence of death is justified. However, no person

15 may be sentenced to death who was less than 18

16 years of age at the time of the offense.

17 ‘‘§ 3592. Factors to be considered in determining

18 whether a sentence of death is justified.

19 ‘‘(a) MITIGATING FACTORS.—In determining wheth20 er a sentence of death is justified for any offense, the jury,

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

22 the following mitigating factors and determine which, if

23 any, exist:

24 ‘‘(1) MENTAL CAPACITY.—The defendant’s

25 mental capacity was significantly impaired, although
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1 the impairment was not such as to constitute a de2 fense to prosecution.

3 ‘‘(2) DURESS.—The defendant was under un4 usual and substantial duress, although not such du5 ress as would constitute a defense to prosecution.

6 ‘‘(3) PARTICIPATION IN OFFENSE MINOR.—The

7 defendant was an accomplice whose participation in

8 the offense was relatively minor.

9 The jury, or if there is no jury, the court, shall consider

10 whether any other mitigating factor exists.

11 ‘‘(b) AGGRAVATING FACTORS FOR ESPIONAGE AND

12 TREASON.—In determining whether a sentence of death

13 is justified for an offense described in section 3591(a), the

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

15 of the following aggravating factors and determine which,

16 if any, exist:

17 ‘‘(1) PREVIOUS ESPIONAGE OR TREASON CON18 VICTION.—The defendant has previously been con19 victed of another offense involving espionage or trea20 son for which a sentence of life imprisonment or

21 death was authorized by statute.

22 ‘‘(2) RISK OF SUBSTANTIAL DANGER TO NA23 TIONAL SECURITY.—In the commission of the of24 fense the defendant knowingly created a grave risk

25 of substantial danger to the national security.
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1 ‘‘(3) RISK OF DEATH OF ANOTHER.—In the

2 commission of the offense the defendant knowingly

3 created a grave risk of death to another person.

4 The jury, or if there is no jury, the court, may consider

5 whether any other aggravating factor exists.

6 ‘‘(c) AGGRAVATING FACTORS FOR HOMICIDE AND

7 FOR ATTEMPTED MURDER OF THE PRESIDENT.—In de8 termining whether a sentence of death is justified for an

9 offense described in section 3591 (b) or (c), the jury, or

10 if there is no jury, the court, shall consider each of the

11 following aggravating factors and determine which, if any,

12 exist:

13 ‘‘(1) DEATH OCCURRED DURING COMMISSION

14 OF ANOTHER CRIME.—The death occurred during

15 the commission or attempted commission of, or dur16 ing the immediate flight from the commission of, an

17 offense under section 751 (prisoners in custody of

18 institution or officer), section 794 (gathering or de19 livering defense information to aid foreign govern20 ment), section 844(d) (transportation of explosives

21 in interstate commerce for certain purposes), section

22 844(f) (destruction of Government property by ex23 plosives), section 1118 (prisoners serving life term),

24 section 1201 (kidnaping), or section 2381 (treason)

25 of this title, section 1826 of title 28 (persons in cus-
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1 tody as recalcitrant witnesses or hospitalized follow2 ing a finding of not guilty only by reason of insan3 ity), or section 902 (i) or (n) of the Federal Aviation

4 Act of 1958 (49 U.S.C. App. 1472 (i) or (n) (air5 craft piracy)).

6 ‘‘(2) PREVIOUS CONVICTION OF OFFENSE FOR

7 WHICH A SENTENCE OF DEATH OR LIFE IMPRISON8 MENT WAS AUTHORIZED.—The defendant has pre9 viously been convicted of another Federal or State

10 offense resulting in the death of a person, for which

11 a sentence of life imprisonment or death was author12 ized by statute.

13 ‘‘(3) PREVIOUS CONVICTION OF OTHER SERI14 OUS OFFENSES.—The defendant has previously been

15 convicted of two or more Federal or State offenses,

16 each punishable by a term of imprisonment of more

17 than one year, committed on different occasions, in18 volving controlled substances or the infliction of, or

19 attempted infliction of, serious bodily injury or death

20 upon another person.

21 ‘‘(4) GRAVE RISK OF DEATH TO ADDITIONAL

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

23 offense, knowingly created a grave risk of death to

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

25 offense.
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1 ‘‘(5) HEINOUS, CRUEL, OR DEPRAVED MANNER

2 OF COMMISSION.—The defendant committed the of3 fense in an especially heinous, cruel, or depraved

4 manner.

5 ‘‘(6) PROCUREMENT OF THE OFFENSE BY PAY6 MENT.—The defendant procured the commission of

7 the offense by payment, or promise of payment, of

8 anything of pecuniary value.

9 ‘‘(7) COMMISSION OF THE OFFENSE FOR PAY10 MENT.—The defendant committed the offense as

11 consideration for the receipt, or in the expectation of

12 the receipt, of anything of pecuniary value.

13 ‘‘(8) SUBSTANTIAL PLANNING AND

14 PREMEDITATION.—The defendant committed the of15 fense after substantial planning and premeditation.

16 ‘‘(9) VULNERABILITY OF VICTIM.—The victim

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

18 infirmity.

19 ‘‘(10) TYPE OF VICTIM.—

20 ‘‘(A) IN GENERAL.—The defendant com21 mitted the offense against—

22 ‘‘(i) the President of the United

23 States, the President-elect, the Vice Presi24 dent, the Vice-President-elect, the Vice25 President-designate, or, if there is no Vice
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1 President, the officer next in order of suc2 cession to the office of the President of the

3 United States, or any person who is acting

4 as President under the Constitution and

5 laws of the United States;

6 ‘‘(ii) a chief of state, head of govern7 ment, or the political equivalent, of a for8 eign nation;

9 ‘‘(iii) a foreign official listed in section

10 1116(b)(3)(A) of this title, if that official

11 is in the United States on official business;

12 or

13 ‘‘(iv) a public servant who is a Fed14 eral judge, a Federal law enforcement offi15 cer, an employee (including a volunteer or

16 contract employee) of a Federal prison, or

17 an official of the Federal Bureau of Pris18 ons—

19 ‘‘(I) while that public servant is

20 engaged in the performance of official

21 duties;

22 ‘‘(II) because of the performance

23 of that public servant’s official duties;

24 or
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1 ‘‘(III) because of that public

2 servant’s status as a public servant.

3 ‘‘(B) DEFINITIONS.—For purposes of sub4 paragraph (A) of this paragraph—

5 ‘‘(i) the term ‘Federal law enforce6 ment officer’ means a public servant au7 thorized by law or by a Government agency

8 or Congress to conduct or engage in the

9 prevention, investigation, or prosecution of

10 an offense;

11 ‘‘(ii) the term ‘Federal prison’ means

12 a Federal correctional, detention, or penal

13 facility, Federal community treatment cen14 ter, or Federal halfway house, or any such

15 prison operated under contract with the

16 Federal Government; and

17 ‘‘(iii) the term ‘Federal judge’ means

18 any judicial officer of the United States,

19 and includes a justice of the Supreme

20 Court and a magistrate.

21 The jury, or if there is no jury, the court, may consider

22 whether any other aggravating factor exists.
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1 ‘‘§ 3593. Special hearing to determine whether a sen2 tence of death is justified

3 ‘‘(a) NOTICE BY THE GOVERNMENT.—If, in a case

4 involving an offense described in section 3591 of this title,

5 the attorney for the Government believes that the cir6 cumstances of the offense are such that a sentence of

7 death is justified under this chapter, he shall, a reasonable

8 time before the trial, or before acceptance by the court

9 of a plea of guilty, or at such time thereafter as the court

10 may permit upon a showing of good cause, sign and file

11 with the court, and serve on the defendant, a notice—

12 ‘‘(1) stating that the Government believes that

13 the circumstances of the offense are such that, if the

14 defendant is convicted, a sentence of death is justi15 fied under this chapter; and

16 ‘‘(2) setting forth the aggravating factor or fac17 tors, including a factor or factors not specifically

18 enumerated in section 3592, that the Government, if

19 the defendant is convicted, proposes to prove as jus20 tifying a sentence of death.

21 The court may permit the attorney for the Government

22 to amend the notice upon a showing of good cause.

23 ‘‘(b) HEARING BEFORE A COURT OR JURY.—If the

24 attorney for the Government has filed a notice as required

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

26 an offense described in section 3591, the judge who pre-
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1 sided at the trial or before whom the guilty plea was en2 tered, or another judge if that judge is unavailable, shall

3 conduct a separate sentencing hearing to determine the

4 punishment to be imposed. Prior to such a hearing, no

5 presentence report shall be prepared by the United States

6 Probation Service, notwithstanding the provisions of the

7 Federal Rules of Criminal Procedure. The hearing shall

8 be conducted—

9 ‘‘(1) before the jury that determined the de10 fendant’s guilt;

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

12 the hearing if—

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

14 plea of guilty;

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

16 trial before the court sitting without a jury;

17 ‘‘(C) the jury that determined the defend18 ant’s guilt was discharged for good cause; or

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

20 under this section, reconsideration of the sen21 tence under the section is necessary; or

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

23 defendant and with the approval of the attorney for

24 the Government.
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1 A jury impaneled pursuant to paragraph (2) shall consist

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

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

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

5 ‘‘(c) PROOF OF MITIGATING AND AGGRAVATING FAC6 TORS.—At the hearing, information may be presented as

7 to any matter relevant to the sentence, including any miti8 gating or aggravating factor permitted or required to be

9 considered under section 3592 of this title. Information

10 presented may include the trial transcript and exhibits if

11 the hearing is held before a jury or judge not present dur12 ing the trial. Any other information relevant to a mitigat13 ing or aggravating factor may be presented by either the

14 attorney for the Government or the defendant, regardless

15 of its admissibility under the rules governing admission

16 of evidence at criminal trials, except that information may

17 be excluded if its probative value is outweighed by the dan18 ger of creating unfair prejudice, confusing the issues, or

19 misleading the jury. The attorney for the Government and

20 for the defendant shall be permitted to rebut any informa21 tion received at the hearing, and shall be given fair oppor22 tunity to present argument as to the adequacy of the in23 formation to establish the existence of any aggravating or

24 mitigating factor, and as to the appropriateness of impos25 ing a sentence of death in the case. The attorney for the
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1 Government shall open the argument. The defendant shall

2 be permitted to reply. The attorney for the Government

3 shall then be permitted to reply in rebuttal. The burden

4 of establishing the existence of an aggravating factor is

5 on the Government, and is not satisfied unless the exist6 ence of such a factor is established beyond a reasonable

7 doubt. The burden of establishing the existence of any

8 mitigating factor is on the defendant, and is not satisfied

9 unless the existence of such a factor is established by a

10 preponderance of the information.

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

12 if there is no jury, the court, shall consider all the informa13 tion received during the hearing. It shall return special

14 findings with respect to the mitigating and aggravating

15 factors concerning which information is received at the

16 hearing, stating—

17 ‘‘(1) whether some mitigating factor required to

18 be considered under section 3592 exists;

19 ‘‘(2) whether some aggravating factor required

20 to be considered under section 3592 exists; and

21 ‘‘(3) which specific mitigating or aggravating

22 factor or factors exist.

23 A finding under paragraph (1) or (2) that some mitigating

24 or aggravating factor exists must be unanimous. A finding

25 under paragraph (3) that a specific mitigating or aggra-
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1 vating factor exists may be made by a majority of at least

2 nine members of the jury.

3 ‘‘(e) RETURN OF A FINDING CONCERNING A SEN4 TENCE OF DEATH.—If, in the case of—

5 ‘‘(1) an offense described in section 3591(a), an

6 aggravating factor required to be considered under

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

8 ‘‘(2) an offense described in section 3591 (b) or

9 (c), an aggravating factor required to be considered

10 under section 3592(c) is found to exist;

11 the jury, or if there is no jury, the court, shall then con12 sider whether the aggravating factor or factors found to

13 exist sufficiently outweigh all the mitigating factors found

14 to exist to justify a sentence of death, or, in the absence

15 of a mitigating factor, whether the aggravating factor or

16 factors alone are sufficient to justify a sentence of death.

17 Based upon this consideration, the jury by unanimous

18 vote, or if there is no jury, the court, shall return a finding

19 as to whether a sentence of death is justified.

20 ‘‘(f) SPECIAL PRECAUTION TO ASSURE AGAINST DIS21 CRIMINATION.—In a hearing held before a jury, the court,

22 prior to the return of a finding under subsection (e) of

23 this section, shall instruct the jury that, in considering

24 whether a sentence of death is justified, it shall not con25 sider the race, color, national origin, creed, or sex of the
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1 defendant or of any victim. The jury, upon return of a

2 finding under subsection (e) of this section, shall also re3 turn to the court a certificate, signed by each juror, that

4 consideration of the race, color, national origin, creed, or

5 sex of the defendant or any victim was not involved in

6 reaching the juror’s individual decision.

7 ‘‘§ 3594. Imposition of a sentence of death

8 ‘‘Upon a finding under section 3593(e) of this title

9 that a sentence of death is justified, the court shall sen10 tence the defendant to death. Upon finding under section

11 3593(e) of this title that no aggravating factor required

12 to be found exists or that a sentence of death is not justi13 fied, the court shall impose any sentence other than death

14 that is authorized by law.

15 ‘‘§ 3595. Review of a sentence of death

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

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

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

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

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

21 be consolidated with an appeal of the judgment of convic22 tion and shall have priority over all other cases.

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

24 entire record in the case, including—

25 ‘‘(1) the evidence submitted during the trial;
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1 ‘‘(2) the information submitted during the sen2 tencing hearing;

3 ‘‘(3) the procedure employed in the sentencing

4 hearing; and

5 ‘‘(4) the special findings returned under section

6 3593(d) of this title.

7 ‘‘(c) DECISION AND DISPOSITION.—

8 ‘‘(1) If the court of appeals determines that—

9 ‘‘(A) the sentence of death was not im10 posed under the influence of passion, prejudice,

11 or any other arbitrary factor; and

12 ‘‘(B) the information supports the special

13 findings of the existence of an aggravating fac14 tor or factors;

15 it shall affirm the sentence.

16 ‘‘(2) In any other case, the court of appeals

17 shall remand the case for reconsideration under sec18 tion 3593 or for imposition of another authorized

19 sentence as appropriate.

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

21 the reasons for its disposition of an appeal of sen22 tence of death under this section.

23 ‘‘§ 3596. Implementation of sentence of death

24 ‘‘A person who has been sentenced to death pursuant

25 to this chapter shall be committed to the custody of the
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1 Attorney General until exhaustion of the procedures for

2 appeal of the judgment of conviction and for review of the

3 sentence. When the sentence is to be implemented, the At4 torney General shall release the person sentenced to death

5 to the custody of a United States marshal, who shall su6 pervise implementation of the sentence in the manner pre7 scribed by law of the State in which the sentence is im8 posed. If the law of such State does not provide for imple9 mentation of a sentence of death, the court shall designate

10 another State, the law of which does so provide, and the

11 sentence shall be implemented in the manner prescribed

12 by such law. A sentence of death shall not be carried out

13 upon a person who lacks the mental capacity to under14 stand the death penalty and why it was imposed on that

15 person, or upon a woman while she is pregnant.

16 ‘‘§ 3597. Use of State facilities

17 ‘‘A United States marshal charged with supervising

18 the implementation of a sentence of death may use appro19 priate State or local facilities for the purpose, may use

20 the services of an appropriate State or local official or of

21 a person such as an official employed for the purpose, and

22 shall pay the costs thereof in the amount approved by the

23 Attorney General.’’.

24 (b) CLERICAL AMENDMENT TO CHAPTER ANALY25 SIS.—Title 18, United States Code, is amended in the
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1 chapter analysis of part II, by adding the following new

2 item after the item relating to chapter 227:

‘‘228. Death penalty procedures ................................................... 3591’’;

3 SEC. 3. CONFORMING AMENDMENT RELATING TO

4 DESTRUCTION OF AIRCRAFT OR AIRCRAFT

5 FACILITIES.

6 Section 34 of title 18, United States Code, is amend7 ed by striking out the comma after ‘‘imprisonment for

8 life’’ and all that follows through the end of such section

9 and inserting in lieu thereof a period.

10 SEC. 4. CONFORMING AMENDMENT RELATING TO ESPIO11 NAGE.

12 Section 794(a) of title 18, United States Code, is

13 amended by striking out the period at the end of the sec14 tion and inserting in lieu thereof the following: ‘‘, except

15 that the sentence of death shall not be imposed unless the

16 jury or, if there is no jury, the court, further finds beyond

17 a reasonable doubt at a hearing under section 3593 of this

18 title that the offense directly concerned nuclear weaponry,

19 military spacecraft and satellites, early warning systems,

20 or other means of defense or retaliation against large-scale

21 attack; war plans; communications intelligence or cryp22 tographic information; sources or methods of intelligence

23 or counterintelligence operations; or any other major

24 weapons system or major element of defense strategy.’’.
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1 SEC. 5. CONFORMING AMENDMENT RELATING TO TRANS2 PORTING EXPLOSIVES.

3 Section 844(d) of title 18, United States Code, is

4 amended by striking out ‘‘as provided in section 34 of this

5 title’’.

6 SEC. 6. CONFORMING AMENDMENT RELATING TO MALI7 CIOUS DESTRUCTION OF FEDERAL PROP8 ERTY BY EXPLOSIVES.

9 Section 844(f) of title 18, United States Code, is

10 amended by striking out ‘‘as provided in section 34 of this

11 title’’.

12 SEC. 7. CONFORMING AMENDMENT RELATING TO MALI13 CIOUS DESTRUCTION OF INTERSTATE PROP14 ERTY BY EXPLOSIVES.

15 Section 844(i) of title 18, United States Code, is

16 amended by striking out ‘‘as provided in section 34 of this

17 title’’.

18 SEC. 8. CONFORMING AMENDMENT RELATING TO MURDER.

19 The second paragraph of section 1111(b) of title 18,

20 United States Code, is amended to read as follows:

21 ‘‘Whoever is guilty of murder in the first degree shall

22 be punished by death or by imprisonment for life;’’.
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1 SEC. 9. CONFORMING AMENDMENT RELATING TO KILLING

2 OFFICIAL GUESTS OR INTERNATIONALLY

3 PROTECTED PERSONS.

4 Section 1116(a) of title 18, United States Code, is

5 amended by striking out ‘‘any such person who is found

6 guilty of murder in the first degree shall be sentenced to

7 imprisonment for life, and’’.

8 SEC. 10. MURDER BY FEDERAL PRISONER.

9 (a) IN GENERAL.—Chapter 51 of title 18, United

10 States Code, is amended by adding at the end thereof the

11 following:

12 ‘‘§ 1118. Murder by Federal prisoner

13 ‘‘(a) Whoever, while confined in a Federal prison

14 under a sentence for a term of life imprisonment, murders

15 another shall be punished by death or by life imprison16 ment.

17 ‘‘(b) For the purposes of this section—

18 ‘‘(1) the term ‘Federal prison’ means any Fed19 eral correctional, detention, or penal facility, Federal

20 community treatment center, or Federal halfway

21 house, or any such prison operated under contract

22 with the Federal Government; and

23 ‘‘(2) the term ‘term of life imprisonment’ means

24 a sentence for the term of natural life, a sentence

25 commuted to natural life, an indeterminate term of
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1 a minimum of at least 15 years and a maximum of

2 life, or an unexecuted sentence of death.’’.

3 (b) CLERICAL AMENDMENT.—The table of sections

4 at the beginning of chapter 51 of title 18, United States

5 Code, is amended by adding at the end the following:

‘‘1118. Murder by Federal prisoner.’’.

6 SEC. 11. DEATH PENALTY RELATING TO KIDNAPPING.

7 Section 1201(a) of title 18, United States Code, is

8 amended by inserting ‘‘and, if the death of any person re9 sults, shall be punished by death or life imprisonment’’

10 after ‘‘or for life’’.

11 SEC. 12. DEATH PENALTY RELATING TO HOSTAGE TAKING.

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

13 amended by inserting ‘‘and, if the death of any person re14 sults, shall be punished by death or life imprisonment’’

15 after ‘‘or for life’’.

16 SEC. 13. CONFORMING AMENDMENT RELATING TO MAIL17 ABILITY OF INJURIOUS ARTICLES.

18 The last paragraph of section 1716 of title 18, United

19 States Code, is amended by striking out the comma after

20 ‘‘imprisonment for life’’ and all that follows through the

21 end of such paragraph and inserting in lieu thereof a pe22 riod.
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1 SEC. 14. CONFORMING AMENDMENT RELATING TO PRESI2 DENTIAL ASSASSINATION.

3 Subsection (c) of section 1751 of title 18, United

4 States Code, is amended to read as follows:

5 ‘‘(c) Whoever attempts to murder or kidnap any indi6 vidual designated in subsection (a) of this section shall be

7 punished—

8 ‘‘(1) by imprisonment for any term of years or

9 for life, or

10 ‘‘(2) by death or imprisonment for any term of

11 years or for life, if the conduct constitutes an at12 tempt to murder the President of the United States

13 and results in bodily injury to the President or oth14 erwise comes dangerously close to causing the death

15 of the President.’’.

16 SEC. 15. CONFORMING AMENDMENT RELATING TO MUR17 DER FOR HIRE.

18 Section 1952A(a) of title 18, United States Code, is

19 amended by striking out ‘‘and if death results, shall be

20 subject to imprisonment for any term of years or for life,

21 or shall be fined not more than $50,000, or both’’ and

22 inserting in lieu thereof ‘‘and if death results, shall be

23 punished by death or life imprisonment, or shall be fined

24 not more than $250,000, or both’’.
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1 SEC. 16. CONFORMING AMENDMENT RELATING TO

2 VIOLENT CRIMES IN AID OF RACKETEERING

3 ACTIVITY.

4 Paragraph (1) of section 1952B(a) of title 18, United

5 States Code, is amended to read as follows:

6 ‘‘(1) for murder, by death or life imprisonment,

7 or a fine of not more than $250,000, or both; and

8 for kidnapping, by imprisonment for any term of

9 years or for life, or a fine of not more than

10 $250,000, or both;’’.

11 SEC. 17. CONFORMING AMENDMENT RELATING TO WRECK12 ING TRAINS.

13 The second to the last paragraph of section 1992 of

14 title 18, United States Code, is amended by striking out

15 the comma after ‘‘imprisonment for life’’ and all that fol16 lows through the end of the section and inserting in lieu

17 thereof a period.

18 SEC. 18. CONFORMING AMENDMENT RELATING TO BANK

19 ROBBERY.

20 Section 2113(e) of title 18, United States Code, is

21 amended by striking out ‘‘or punished by death if the ver22 dict of the jury shall so direct’’ and inserting in lieu there23 of ‘‘or if death results shall be punished by death or life

24 imprisonment’’.
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1 SEC. 19. CONFORMING AMENDMENT RELATING TO TER2 RORIST ACTS.

3 Paragraph (1) of section 2331(a) of title 18, United

4 States Code, is amended to read as follows:

5 ‘‘(1)(A) if the killing is a first degree murder

6 as defined in section 1111(a) of this title, be pun7 ished by death or imprisonment for any term of

8 years or for life, or be fined under this title, or both;

9 or

10 ‘‘(B) if the killing is a murder other than a first

11 degree murder as defined in section 1111(a) of this

12 title, be fined under this title or imprisoned for any

13 term of years or for life, or both so fined and so

14 imprisoned;’’.

15 SEC. 20. DEATH PENALTY RELATING TO CONTROLLED SUB16 STANCES CASES.

17 Section 408 of the Controlled Substances Act (21

18 U.S.C. 848) is amended by inserting after subsection (b)

19 the following:

20 ‘‘CONDITIONS FOR DEATH PENALTY

21 ‘‘(c) Any person who engages in a continuing criminal

22 enterprise shall be fined in accordance with subsection (a)

23 and imprisoned for life or sentenced to death if, while so

24 engaged, such person causes the death of another per25 son.’’.
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1 SEC. 21. CONFORMING AMENDMENT RELATING TO AIR2 CRAFT HIJACKING.

3 Section 903 of the Federal Aviation Act of 1958 (49

4 U.S.C. App. 1473) is amended by striking out subsection

5 (c).

6 SEC. 22. APPLICATION TO UNIFORM CODE OF MILITARY

7 JUSTICE.

8 Chapter 228 (relating to death penalty procedures)

9 of title 18, United States Code, does not apply to prosecu10 tions under the Uniform Code of Military Justice (10

11 U.S.C. 801 et seq.).

Æ

HR 382 IH——2