I 

109TH CONGRESS 

2D SESSION H. R. 4923 

To abolish the death penalty under Federal law. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 9, 2006 

Mr. KUCINICH (for himself, Mr. ABERCROMBIE, Ms. BALDWIN, Mr. CAPUANO, 

Ms. CARSON, Mr. CLAY, Mr. CLEAVER, Mr. CLYBURN, Mr. CONYERS, 

Mr. CUMMINGS, Mr. DAVIS of Illinois, Mr. DELAHUNT, Mr. FARR, Mr. 

FILNER, Mr. GRIJALVA, Mr. GUTIERREZ, Mr. HASTINGS of Florida, Mr. 

HINCHEY, Mr. HONDA, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. 

KILDEE, Ms. KILPATRICK of Michigan, Mr. LANGEVIN, Ms. LEE, Mr. 

LEWIS of Georgia, Mr. MCGOVERN, Ms. MCKINNEY, Mr. MARKEY, Mr. 

MEEKS of New York, Ms. MOORE of Wisconsin, Mr. OBERSTAR, Mr. 

OLVER, Mr. OWENS, Mr. RANGEL, Mr. RUSH, Mr. SABO, Ms. 

SCHAKOWSKY, Mr. SERRANO, Mr. STARK, Mr. TOWNS, Ms. WATERS, Ms. 

WATSON, Mr. WATT, and Ms. WOOLSEY) introduced the following bill; 

which was referred to the Committee on the Judiciary 

A BILL 

To abolish the death penalty under Federal law. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Federal Death Penalty 

5 Abolition Act’’. 


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

2 DEATH PENALTY. 

3 (a) HOMICIDE-RELATED OFFENSES.— 

4 (1) MURDER RELATED TO THE SMUGGLING OF

5 ALIENS.—Section 274(a)(1)(B)(iv) of the Immigra6 tion and Nationality Act (8 U.S.C. 

7 1324(a)(1)(B)(iv)) is amended by striking ‘‘punished 

8 by death or’’. 

9 (2) DESTRUCTION OF AIRCRAFT, MOTOR VEHI10 CLES, OR RELATED FACILITIES RESULTING IN

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

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

13 (3) MURDER COMMITTED DURING A DRUG-RE14 LATED DRIVE-BY SHOOTING.—Section 36(b)(2)(A) 

15 of title 18, United States Code, is amended by strik16 ing ‘‘death or’’. 

17 (4) MURDER COMMITTED AT AN AIRPORT SERV18 ING INTERNATIONAL CIVIL AVIATION.—Section 

19 37(a) of title 18, United States Code, is amended, 

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

21 ‘‘punished by death or’’. 

22 (5) CIVIL RIGHTS OFFENSES RESULTING IN

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

24 Code, is amended— 

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

26 be sentenced to death’’; 


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

2 be sentenced to death’’; 

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

4 may be sentenced to death’’; and 

5 (D) in section 247(d)(1), by striking ‘‘, or 

6 may be sentenced to death’’. 

7 (6) MURDER OF A MEMBER OF CONGRESS, AN

8 IMPORTANT EXECUTIVE OFFICIAL, OR A SUPREME

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

10 States Code, is amended— 

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

12 or’’; and 

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

14 ‘‘death or’’. 

15 (7) DEATH RESULTING FROM OFFENSES IN16 VOLVING TRANSPORTATION OF EXPLOSIVES, DE17 STRUCTION OF GOVERNMENT PROPERTY, OR DE18 STRUCTION OF PROPERTY RELATED TO FOREIGN OR

19 INTERSTATE COMMERCE.—Section 844 of title 18, 

20 United States Code, is amended— 

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

22 the death penalty’’; 

23 (B) in subsection (f)(3), by striking ‘‘sub24 ject to the death penalty, or’’; 


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

2 death penalty’’; and 

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

4 than the penalty of death)’’. 

5 (8) MURDER COMMITTED BY USE OF A FIRE6 ARM DURING COMMISSION OF A CRIME OF VIOLENCE

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

8 of title 18, United States Code, is amended by strik9 ing ‘‘by death or’’. 

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

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

12 or’’. 

13 (10) FIRST DEGREE MURDER.—Section 

14 1111(b) of title 18, United States Code, is amended 

15 by striking ‘‘by death or’’. 

16 (11) MURDER BY A FEDERAL PRISONER.—Sec17 tion 1118 of title 18, United States Code, is amend18 ed— 

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

20 death or’’; and 

21 (B) in subsection (b), in the third undesig22 nated paragraph— 

23 (i) by inserting ‘‘or’’ before ‘‘an inde24 terminate’’; and 


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

2 sentence of death’’. 

3 (12) MURDER OF A STATE OR LOCAL LAW EN4 FORCEMENT OFFICIAL OR OTHER PERSON AIDING IN

5 A FEDERAL INVESTIGATION; MURDER OF A STATE

6 CORRECTIONAL OFFICER.—Section 1121 of title 18, 

7 United States Code, is amended— 

8 (A) in subsection (a), by striking ‘‘by sen9 tence of death or’’; and 

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

11 death’’. 

12 (13) MURDER DURING A KIDNAPING.—Section 

13 1201(a) of title 18, United States Code, is amended 

14 by striking ‘‘death or’’. 

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

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

17 amended by striking ‘‘death or’’. 

18 (15) MURDER WITH THE INTENT OF PRE19 VENTING TESTIMONY BY A WITNESS, VICTIM, OR IN20 FORMANT.—Section 1512(a)(2)(A) of title 18, 

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

22 death penalty or’’. 

23 (16) MAILING OF INJURIOUS ARTICLES WITH

24 INTENT TO KILL OR RESULTING IN DEATH.—Section 


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1 1716(i) of title 18, United States Code, is amended 

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

3 (17) ASSASSINATION OR KIDNAPING RESULTING

4 IN THE DEATH OF THE PRESIDENT OR VICE PRESI5 DENT.—Section 1751 of title 18, United States 

6 Code, is amended— 

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

8 or’’; and 

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

10 ‘‘death or’’. 

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

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

13 ‘‘death or’’. 

14 (19) MURDER INVOLVED IN A RACKETEERING

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

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

17 (20) WILLFUL WRECKING OF A TRAIN RESULT18 ING IN DEATH.—Section 1992(b) of title 18, United 

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

20 penalty or’’. 

21 (21) BANK ROBBERY-RELATED MURDER OR

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

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


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1 (22) MURDER RELATED TO A CARJACKING.— 

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

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

4 (23) MURDER RELATED TO AGGRAVATED

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

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

7 the death penalty is imposed,’’. 

8 (24) MURDER RELATED TO SEXUAL ABUSE.— 

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

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

11 (25) MURDER RELATED TO SEXUAL EXPLOI12 TATION OF CHILDREN.—Section 2251(d) of title 18, 

13 United States Code, is amended by striking ‘‘pun14 ished by death or’’. 

15 (26) MURDER COMMITTED DURING AN OF16 FENSE AGAINST MARITIME NAVIGATION.—Section 

17 2280(a)(1) of title 18, United States Code, is 

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

19 (27) MURDER COMMITTED DURING AN OF20 FENSE AGAINST A MARITIME FIXED PLATFORM.— 

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

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

23 (28) TERRORIST MURDER OF A UNITED STATES

24 NATIONAL IN ANOTHER COUNTRY.—Section 


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

2 amended by striking ‘‘death or’’. 

3 (29) MURDER BY THE USE OF A WEAPON OF

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

5 United States Code, is amended— 

6 (A) in subsection (a), by striking ‘‘pun7 ished by death or’’; and 

8 (B) in subsection (b), by striking ‘‘by 

9 death, or’’. 

10 (30) MURDER BY ACT OF TERRORISM TRAN11 SCENDING NATIONAL BOUNDARIES.—Section 

12 2332b(c)(1)(A) of title 18, United States Code, is 

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

14 (31) MURDER INVOLVING TORTURE.—Section 

15 2340A(a) of title 18, United States Code, is amend16 ed by striking ‘‘punished by death or’’. 

17 (32) MURDER RELATED TO A CONTINUING

18 CRIMINAL ENTERPRISE OR RELATED MURDER OF A

19 FEDERAL, STATE, OR LOCAL LAW ENFORCEMENT

20 OFFICER.—Section 408 of the Controlled Substances 

21 Act (21 U.S.C. 848) is amended— 

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

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

24 sentenced to death’’; 


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

2 inserting the following: 

3 ‘‘(g) [Reserved.] 

4 ‘‘(h) [Reserved.]’’; 

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

6 to appropriateness in that case of imposing a 

7 sentence of death’’; 

8 (D) in subsection (k), by striking ‘‘, other 

9 than death,’’ and all that follows before the pe10 riod at the end and inserting ‘‘authorized by 

11 law’’; and 

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

13 inserting the following: 

14 ‘‘(l) [Reserved.] 

15 ‘‘(m) [Reserved.]’’. 

16 (33) DEATH RESULTING FROM AIRCRAFT HI17 JACKING.—Section 46502 of title 49, United States 

18 Code, is amended— 

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

20 to death or’’; and 

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

22 ‘‘put to death or’’. 

23 (b) NON-HOMICIDE RELATED OFFENSES.— 

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

25 United States Code, is amended by striking ‘‘punVerDate Aug 31 2005 04:36 Mar 10, 2006 Jkt 049200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H4923.IH H4923

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1 ished by death or’’ and all that follows before the pe2 riod and inserting ‘‘imprisoned for any term of years 

3 or for life’’. 

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

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

6 death, or’’. 

7 (c) REPEAL OF CRIMINAL PROCEDURES RELATING

8 TO IMPOSITION OF DEATH SENTENCE.— 

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

10 United States Code, is repealed. 

11 (2) TECHNICAL AND CONFORMING AMEND12 MENT.—The table of chapters for part II of title 18, 

13 United States Code, is amended by striking the item 

14 relating to chapter 228. 

15 SEC. 3. PROHIBITION ON IMPOSITION OF DEATH SEN16 TENCE. 

17 (a) IN GENERAL.—Notwithstanding any other provi18 sion of law, no person may be sentenced to death or put 

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

20 for any violation of Federal law. 

21 (b) PERSONS SENTENCED BEFORE DATE OF ENACT22 MENT.—Notwithstanding any other provision of law, any 

23 person sentenced to death before the date of enactment 

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


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1 a sentence of life imprisonment without the possibility of 

2 parole. 

Æ 


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