I

103D CONGRESS

2D SESSION H. R. 3936

To provide the penalty of death for federally prescribed kidnappings resulting

in the death of a minor.

IN THE HOUSE OF REPRESENTATIVES

MARCH 2, 1994

Mr. DUNCAN (for himself, Mr. SOLOMON, Mr. BAKER of California, Mr.

CANADY, Mr. FROST, Mr. DOOLITTLE, Mr. MCHUGH, and Mr. LEVY) introduced the following bill; which was referred to the Committee on the

Judiciary

A BILL

To provide the penalty of death for federally prescribed

kidnappings resulting in the death of a minor.

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 ‘‘Children’s Protection

5 Act of 1994’’.

6 SEC. 2. DEATH PENALTY PROCEDURES.

7 Title 18 of the United States Code is amended—

8 (1) by adding after chapter 227 the following

9 new chapter:
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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.

‘‘3598. Appointment of counsel.

‘‘3599. Collateral attack on judgment imposing sentence of death.

2 ‘‘§ 3591. Sentence of death

3 ‘‘A defendant who has been found guilty of an offense

4 for which the penalty of death may be imposed under sec5 tion 1201(g) of this title, if the defendant, as determined

6 beyond a reasonable doubt at a hearing under section

7 3593 of this title—

8 ‘‘(1) caused the death of a kidnapping victim

9 who had not attained the age of 18 years inten10 tionally, knowingly, or through recklessness mani11 festing extreme indifference to human life; or

12 ‘‘(2) caused, by the intentional infliction of seri13 ous bodily injury, the death of a kidnapping victim

14 who had not attained the age of 18 years;

15 shall be sentenced to death if, after consideration of the

16 factors set forth in section 3592 of this title in the course

17 of a hearing held pursuant to section 3593 of this title,

18 it is determined that imposition of a sentence of death is

19 justified. A person who has not attained the age of 18
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1 years at the time of the offense or who is mentally re2 tarded may not be sentenced to death under this chapter.

3 ‘‘§ 3592. Factors to be considered in determining

4 whether a sentence of death is justified

5 ‘‘(a) MITIGATING FACTORS.—In determining wheth6 er a sentence of death is justified for any offense, the jury,

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

8 the following mitigating factors and determine which, if

9 any, exist:

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

11 mental capacity to appreciate the wrongfulness of

12 his conduct or to conform his conduct to the require13 ments of law was significantly impaired, regardless

14 of whether the capacity was so impaired as to con15 stitute a defense to the charge.

16 ‘‘(2) DURESS.—The defendant was under un17 usual and substantial duress, regardless of whether

18 the duress was of such a degree as to constitute a

19 defense to the charge.

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

21 defendant’s participation in the offense, which was

22 committed by another, was relatively minor, regard23 less of whether the participation was so minor as to

24 constitute a defense to the charge.
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1 ‘‘(4) NO SIGNIFICANT CRIMINAL HISTORY.—

2 The defendant did not have a significant history of

3 other criminal conduct.

4 ‘‘(5) DISTURBANCE.—The defendant committed

5 the offense under severe mental or emotional dis6 turbance.

7 ‘‘(6) VICTIM’S CONSENT.—The victim consented

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

9 death.

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

11 whether any other aspect of the defendant’s background,

12 character or record or any other circumstance of the of13 fense that the defendant may proffer as a mitigating fac14 tor exists.

15 ‘‘(b) AGGRAVATING FACTORS FOR DEATH OCCUR16 RING DURING KIDNAPPING.—In determining whether a

17 sentence of death is justified for an offense described in

18 section 3591 of this title, the jury, or if there is no jury,

19 the court, shall consider each of the following aggravating

20 factors and determine which, if any, exist:

21 ‘‘(1) INVOLVEMENT OF FIREARM OR PREVIOUS

22 CONVICTION OF VIOLENT FELONY INVOLVING FIRE23 ARM.—The defendant—

24 ‘‘(A) during and in relation to the commis25 sion of the offense or in escaping or attempting
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1 to escape apprehension used or possessed a fire2 arm as defined in section 921 of this title; or

3 ‘‘(B) has previously been convicted of a

4 Federal or State offense punishable by a term

5 of imprisonment of more than one year, involv6 ing the use of attempted or threatened use of

7 a firearm, as defined in section 921 of this title,

8 against another person.

9 ‘‘(2) PREVIOUS CONVICTION OF OFFENSE FOR

10 WHICH A SENTENCE OF DEATH OR LIFE IMPRISON11 MENT WAS AUTHORIZED.—The defendant has pre12 viously been convicted of another Federal or State

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

14 a sentence of life imprisonment or death was author15 ized by statute.

16 ‘‘(3) PREVIOUS CONVICTION OF OTHER SERI17 OUS OFFENSES.—The defendant has previously been

18 convicted of two or more Federal or State offenses,

19 each punishable by a term of imprisonment of more

20 than one year, committed on different occasions, in21 volving the importation, manufacture, or distribution

22 of a controlled substance (as defined in section 102

23 of the Controlled Substances Act or the infliction of,

24 or attempted infliction of, serious bodily injury or

25 death upon another person.
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1 ‘‘(4) GRAVE RISK OF DEATH TO ADDITIONAL

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

3 offense or in escaping or attempting to escape ap4 prehension, knowingly created a grave risk of death

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

6 the offense.

7 ‘‘(5) HEINOUS, CRUEL, OR DEPRAVED MANNER

8 OF COMMISSION.—The defendant committed the of9 fense in an especially heinous, cruel, or depraved

10 manner in that it involved torture or serious physical

11 abuse to the victim.

12 ‘‘(6) PROCUREMENT OF OFFENSE BY PAY13 MENT.—The defendant procured the commission of

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

15 anything of pecuniary value.

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

17 whether any other aggravating factor exists.

18 ‘‘§ 3593. Special hearing to determine whether a sen19 tence of death is justified

20 ‘‘(a) NOTICE BY THE GOVERNMENT.—Whenever the

21 Government intends to seek the death penalty for an of22 fense described in section 3591 of this title, the attorney

23 for the Government, a reasonable time before the trial,

24 or before acceptance by the court of a plea of guilty, or

25 at such time thereafter as the court may permit upon a
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1 showing of good cause, shall sign and file with the court,

2 and serve on the defendant, a notice that the Government

3 in the event of conviction will seek the sentence of death.

4 The notice shall set forth the aggravating factor or factors

5 enumerated in section 3592 of this title, and any other

6 aggravating factor not specifically enumerated in section

7 3592 of this title, that the Government, if the defendant

8 is convicted, will seek to prove as the basis for the death

9 penalty. The factors for which notice is provided under

10 this subsection may include factors concerning the effect

11 of the offense on the victim and the victim’s family. The

12 court may permit the attorney for the Government to

13 amend the notice upon a showing of good cause.

14 ‘‘(b) HEARING BEFORE A COURT OR JURY.—When

15 the attorney for the Government has filed a notice as re16 quired under subsection (a) of this section and the defend17 ant is found guilty of an offense described in section 3591

18 of this title, the judge who presided at the trial or before

19 whom the guilty plea was entered, or another judge if that

20 judge is unavailable, shall conduct a separate sentencing

21 hearing to determine the punishment to be imposed. Prior

22 to such a hearing, no presentence report shall be prepared

23 by the United States Probation Service, notwithstanding

24 the Federal Rules of Criminal Procedure. The hearing

25 shall be conducted—
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1 ‘‘(1) before the jury that determined the de2 fendant’s guilt;

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

4 the hearing if—

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

6 plea of guilty;

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

8 trial before the court sitting without a jury;

9 ‘‘(C) the jury that determined the defend10 ant’s guilt was discharged for good cause; or

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

12 under this section, reconsideration of the sen13 tence under the section is necessary; or

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

15 defendant and with the approval of the attorney for

16 the Government.

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

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

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

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

21 ‘‘(c) PROOF OF MITIGATING AND AGGRAVATING FAC22 TORS.—At the hearing, information may be presented as

23 to—
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1 ‘‘(1) any matter relating to any mitigating fac2 tor listed in section 3592 of this title and any other

3 mitigating factor; and

4 ‘‘(2) any matter relating to any aggravating

5 factor listed in section 3592 of this title for which

6 notice has been provided under subsection (a) of this

7 section and (if information is presented relating to

8 such a listed factor) any other aggravating factor for

9 which notice has been so provided.

10 The information presented may include the trial transcript

11 and exhibits. Any other information relevant to such miti12 gating or aggravating factors may be presented by either

13 the Government or the defendant. The information pre14 sented by the Government in support of factors concerning

15 the effect of the offense on the victim and the victim’s

16 family may include oral testimony, a victim impact state17 ment that identifies the victim of the offense and the na18 ture and extent of harm and loss suffered by the victim

19 and the victim’s family, and other relevant information.

20 Information is admissible regardless of its admissibility

21 under the rules governing admission of evidence at crimi22 nal trials, except that information may be excluded if its

23 probative value is outweighed by the danger of creating

24 unfair prejudice, confusing the issues, or misleading the

25 jury. The attorney for the Government and for the defend-
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1 ant shall be permitted to rebut any information received

2 at the hearing, and shall be given fair opportunity to

3 present argument as to the adequacy of the information

4 to establish the existence of any aggravating or mitigating

5 factor, and as to the appropriateness in that case of im6 posing a sentence of death. The attorney for the Govern7 ment shall open the argument. The defendant shall be per8 mitted to reply. The Government shall then be permitted

9 to reply in rebuttal. The burden of establishing the exist10 ence of an aggravating factor is on the Government, and

11 is not satisfied unless the existence of such a factor is es12 tablished beyond a reasonable doubt. The burden of estab13 lishing the existence of any mitigating factor is on the de14 fendant, and is not satisfied unless the existence of such

15 a factor is established by a preponderance of the evidence.

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

17 if there is no jury, the court, shall consider all the informa18 tion received during the hearing. It shall return special

19 findings identifying any aggravating factor or factors set

20 forth in section 3592 of this title found to exist and any

21 other aggravating factor for which notice has been pro22 vided under subsection (a) of this section found to exist.

23 A finding with respect to a mitigating factor may be made

24 by one or more members of the jury, and any member

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

2 section regardless of the number of jurors who concur that

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

4 any aggravating factor must be unanimous. If no aggra5 vating factor set forth in section 3592 of this title is found

6 to exist, the court shall impose a sentence other than

7 death authorized by law.

8 ‘‘(e) RETURN OF A FINDING CONCERNING A SEN9 TENCE OF DEATH.—If an aggravating factor required to

10 be considered under section 3592 of this title is found to

11 exist, the jury, or if there is no jury, the court, shall then

12 consider whether the aggravating factor or factors found

13 to exist under subsection (d) of this section outweigh any

14 mitigating factor or factors. The jury, or if there is no

15 jury, the court shall recommend a sentence of death if it

16 unanimously finds at least one aggravating factor and no

17 mitigating factor or if it finds one or more aggravating

18 factors which outweigh any mitigating factors. In any

19 other case, it shall not recommend a sentence of death.

20 The jury shall be instructed that it must avoid any influ21 ence of sympathy, sentiment, passion, prejudice, or other

22 arbitrary factors in its decision, and should make such a

23 recommendation as the information warrants.

24 ‘‘(f) SPECIAL PRECAUTION TO ASSURE AGAINST

25 DISCRIMINATION.—In a hearing held before a jury, the
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1 court, before the return of a finding under subsection (e)

2 of this section, shall instruct the jury that, in considering

3 whether a sentence of death is justified, it shall not be

4 influenced by prejudice or bias relating to the race, color,

5 religion, national origin, or sex of the defendant or of any

6 victim and that the jury is not to recommend a sentence

7 of death unless it has concluded that it would recommend

8 a sentence of death for the crime in question no matter

9 what the race, color, religion, national origin, or sex of

10 the defendant or of any victim may be. The jury, upon

11 return of a finding under subsection (e) of this section,

12 shall also return to the court a certificate, signed by each

13 juror, that prejudice or bias relating to the race, color,

14 religion, national origin, or sex of the defendant or any

15 victim was not involved in reaching his or her individual

16 decision and that the individual juror would have made

17 the same recommendation regarding a sentence for the

18 crime in question no matter what the race, color, religion,

19 national origin, or sex of the defendant or any victim may

20 be.

21 ‘‘§ 3594. Imposition of a sentence of death

22 ‘‘Upon the recommendation under section 3593(e) of

23 this title that a sentence of death be imposed, the court

24 shall sentence the defendant to death. Otherwise the court

25 shall impose a sentence, other than death, authorized by
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1 law. Notwithstanding any other provision of law, if the

2 maximum term of imprisonment for the offense is life im3 prisonment, the court may impose a sentence of life im4 prisonment without the possibility of release.

5 ‘‘§ 3595. Review of a sentence of death

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

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

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

9 appeal of the sentence must be filed within the time speci10 fied for the filing of a notice of appeal of the judgment

11 of conviction. An appeal of the sentence under this section

12 may be consolidated with an appeal of the judgment of

13 conviction and shall have priority over all other cases.

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

15 entire record in the case, including—

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

17 ‘‘(2) the information submitted during the sen18 tencing hearing;

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

20 hearing; and

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

22 3593(d) of this title.

23 ‘‘(c) DECISION AND DISPOSITION.—

24 ‘‘(1) If the court of appeals determines that—
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1 ‘‘(A) the sentence of death was not im2 posed under the influence of passion, prejudice,

3 or any other arbitrary factor;

4 ‘‘(B) the evidence and information support

5 the special findings of the existence of an ag6 gravating factor or factors; and

7 ‘‘(C) the proceedings did not involve any

8 other prejudicial error requiring reversal of the

9 sentence that was properly preserved for and

10 raised on appeal;

11 it shall affirm the sentence.

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

13 shall remand the case for reconsideration under sec14 tion 3593 of this title or for imposition of another

15 authorized sentence as appropriate, except that the

16 court shall not reverse a sentence of death on the

17 ground that an aggravating factor was invalid or

18 was not supported by the evidence and information

19 if at least one aggravating factor required to be con20 sidered under section 3592 of this title remains

21 which was found to exist and the court, on the basis

22 of the evidence submitted at trial and the informa23 tion submitted at the sentencing hearing, finds no

24 mitigating factor or finds that the remaining aggra-
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1 vating factor or factors which were found to exist

2 outweigh any mitigating factors.

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

4 the reasons for its disposition of an appeal of a sen5 tence of death under this section.

6 ‘‘§ 3596. Implementation of a sentence of death

7 ‘‘(a) IN GENERAL.—A person who has been sen8 tenced to death under this chapter shall be committed to

9 the custody of the Attorney General until exhaustion of

10 the procedures for appeal of the judgment of conviction

11 and for review of the sentence. When the sentence is to

12 be implemented, the Attorney General shall release the

13 person sentenced to death to the custody of a United

14 States Marshal, who shall supervise implementation of the

15 sentence in the manner prescribed by the law of the State

16 in which the sentence is imposed. If the law of such State

17 does not provide for implementation of a sentence of

18 death, the court shall designate another State, the law of

19 which does so provide, and the sentence shall be imple20 mented in the manner prescribed by such law.

21 ‘‘(b) SPECIAL BARS TO EXECUTION.—A sentence of

22 death shall not be carried out upon a person who lacks

23 the mental capacity to understand the death penalty and

24 why it was imposed on that person, or upon a woman while

25 she is pregnant.
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1 ‘‘(c) EMPLOYEES MAY DECLINE TO PARTICIPATE.—

2 No employee of any State department of corrections, the

3 Federal Bureau of Prisons, or the United States Marshals

4 Service, and no employee providing services to that depart5 ment, bureau, or service under contract shall be required,

6 as a condition of that employment or contractual obliga7 tion, to be in attendance at or to participate in any execu8 tion carried out under this section if such participation

9 is contrary to the moral or religious convictions of the em10 ployee. For purposes of this subsection, the term ‘partici11 pate in any execution’ includes personal preparation of the

12 condemned individual and the apparatus used for the exe13 cution, and supervision of the activities of other personnel

14 in carrying out such activities.

15 ‘‘§ 3597. Use of State facilities

16 ‘‘A United States Marshal charged with supervising

17 the implementation of a sentence of death may use appro18 priate State or local facilities for the purpose, may use

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

20 a person such an official employs for the purpose, and

21 shall pay the costs thereof in an amount approved by the

22 Attorney General.

23 ‘‘§ 3598. Appointment of counsel

24 ‘‘(a) REPRESENTATION OF INDIGENT DEFEND25 ANTS.—Notwithstanding any other provision of law, this
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1 section shall govern the appointment of counsel for any

2 defendant against whom a sentence of death is sought,

3 or on whom a sentence of death has been imposed, for

4 an offense against the United States, where the defendant

5 is or becomes financially unable to obtain adequate rep6 resentation. Such a defendant shall be entitled to appoint7 ment of counsel from the commencement of trial proceed8 ings until one of the conditions specified in section

9 3599(b) of this title has occurred.

10 ‘‘(b) REPRESENTATION BEFORE FINALITY OF JUDG11 MENT.—A defendant within the scope of this section shall

12 have counsel appointed for trial representation as provided

13 in section 3005 of this title. At least one counsel so ap14 pointed shall continue to represent the defendant until the

15 conclusion of direct review of the judgment, unless re16 placed by the court with other qualified counsel.

17 ‘‘(c) REPRESENTATION AFTER FINALITY OF JUDG18 MENT.—When a judgment imposing a sentence of death

19 has become final through affirmance by the Supreme

20 Court on direct review, denial of certiorari by the Supreme

21 Court on direct review, or expiration of the time for seek22 ing direct review in the court of appeals or the Supreme

23 Court, the Government shall promptly notify the district

24 court that imposed the sentence. Not later than 10 days

25 after receipt of such notice, the district court shall proceed
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1 to make a determination whether the defendant is eligible

2 under this section for appointment of counsel for subse3 quent proceedings. On the basis of the determination, the

4 court shall issue an order—

5 ‘‘(1) appointing one or more counsel to rep6 resent the defendant upon a finding that the defend7 ant is financially unable to obtain adequate rep8 resentation and wishes to have counsel appointed or

9 is unable competently to decide whether to accept or

10 reject appointment of counsel;

11 ‘‘(2) finding, after a hearing if necessary, that

12 the defendant rejected appointment of counsel and

13 made the decision with an understanding of its legal

14 consequences; or

15 ‘‘(3) denying the appointment of counsel upon

16 a finding that the defendant is financially able to ob17 tain adequate representation.

18 Counsel appointed pursuant to this subsection shall be dif19 ferent from the counsel who represented the defendant at

20 trial and on direct review unless the defendant and counsel

21 request a continuation or renewal of the earlier represen22 tation.

23 ‘‘(d) STANDARDS FOR COMPETENCE OF COUNSEL.—

24 In relation to a defendant who is entitled to appointment

25 of counsel under this section, at least one counsel ap-
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1 pointed for trial representation must have been admitted

2 to the bar for at least five years and have at least three

3 years of experience in the trial of felony cases in the fed4 eral district courts. If new counsel is appointed after judg5 ment, at least one counsel so appointed must have been

6 admitted to the bar for at least five years and have at

7 least three years of experience in the litigation of felony

8 cases in the Federal courts of appeals or the Supreme

9 Court. The court, for good cause, may appoint counsel

10 who does not meet these standards, but whose back11 ground, knowledge, or experience would otherwise enable

12 him or her to properly represent the defendant, with due

13 consideration of the seriousness of the penalty and the na14 ture of the litigation.

15 ‘‘(e) APPLICABILITY OF CRIMINAL JUSTICE ACT.—

16 Except as otherwise provided in this section, section

17 3006A of this title applies to appointments under this sec18 tion.

19 ‘‘(f) CLAIMS OF INEFFECTIVENESS OF COUNSEL.—

20 The ineffectiveness or incompetence of counsel during pro21 ceedings on a motion under section 2255 of title 28, in

22 a capital case shall not be a ground for relief from the

23 judgment or sentence in any proceeding. This limitation

24 shall not preclude the appointment of different counsel at

25 any stage of the proceedings.
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1 ‘‘§ 3599. Collateral attack on judgment imposing sen2 tence of death

3 ‘‘(a) TIME FOR MAKING SECTION 2255 MOTION.—

4 In a case in which sentence of death has been imposed,

5 and the judgment has become final as described in section

6 3598(c) of this title, a motion in the case under section

7 2255 of title 28, must be filed not later than 90 days after

8 the issuance of the order relating to appointment of coun9 sel under section 3598(c) of this title. The court in which

10 the motion is filed, for good cause shown, may extend the

11 time for filing for a period not exceeding 60 days. A mo12 tion described in this section shall have priority over all

13 noncapital matters in the district court, and in the court

14 of appeals on review of the district court’s decision.

15 ‘‘(b) STAY OF EXECUTION.—The execution of a sen16 tence of death shall be stayed in the course of direct review

17 of the judgment and during the litigation of an initial mo18 tion in the case under section 2255 of title 28. The stay

19 shall run continuously following imposition of the sen20 tence, and shall expire if—

21 ‘‘(1) the defendant fails to file a motion under

22 section 2255 of title 28, within the time specified in

23 subsection (a) of this section, or fails to make a

24 timely application for court of appeals review follow25 ing the denial of such motion by a district court; or
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1 ‘‘(2) upon completion of district court and court

2 of appeals review under section 2255 of title 28, the

3 motion under that section is denied and—

4 ‘‘(A) the time for filing a petition for cer5 tiorari has expired and no petition has been

6 filed;

7 ‘‘(B) a timely petition for certiorari was

8 filed and the Supreme Court denied the peti9 tion; or

10 ‘‘(C) a timely petition for certiorari was

11 filed and upon consideration of the case, the

12 Supreme Court disposed of it in a manner that

13 left the capital sentence undisturbed; or

14 ‘‘(3) before a district court, in the presence of

15 counsel and after having been advised of the con16 sequences of that waiver, the defendant waives the

17 right to file a motion under section 2255 of title 28.

18 ‘‘(c) FINALITY OF THE DECISION ON REVIEW.—If

19 one of the conditions specified in subsection (b) of this

20 section has occurred, no court thereafter shall have the

21 authority to enter a stay of execution or grant relief in

22 the case unless—

23 ‘‘(1) the basis for the stay and request for relief

24 is a claim not presented in earlier proceedings;

25 ‘‘(2) the failure to raise the claim was—
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1 ‘‘(A) the result of governmental action in

2 violation of the Constitution or laws of the

3 United States;

4 ‘‘(B) the result of the Supreme Court rec5 ognition of a new Federal right that is retro6 actively applicable; or

7 ‘‘(C) based on a factual predicate that

8 could not have been discovered through the ex9 ercise of reasonable diligence in time to present

10 the claim in earlier proceedings; and

11 ‘‘(3) the facts underlying the claim would be

12 sufficient, if proven, to undermine the court’s con13 fidence in the determination of guilt with respect to

14 the offense or offenses for which the death penalty

15 was imposed.’’; and

16 (2) in the table of chapters at the beginning of

17 part II, by adding the following new item after the

18 item relating to chapter 227:

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

19 SEC. 3. CONFORMING AMENDMENT RELATING TO KIDNAP20 PING.

21 Section 1201(g)(1) of title 18, United States Code,

22 is amended by inserting ‘‘to the penalty of death if the

23 death of the victim results and, in any other case,’’ after

24 ‘‘shall be subject’’.
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