II 

110TH CONGRESS 

1ST SESSION S. 447 

To abolish the death penalty under Federal law. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 31, 2007 

Mr. FEINGOLD introduced the following bill; which was read twice and 

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 of 2007’’. 

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

7 DEATH PENALTY. 

8 (a) HOMICIDE-RELATED OFFENSES.— 

9 (1) MURDER RELATED TO THE SMUGGLING OF

10 ALIENS.—Section 274(a)(1)(B)(iv) of the Immigra11 tion and Nationality Act (8 U.S.C. 


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

2 by death or’’. 

3 (2) DESTRUCTION OF AIRCRAFT, MOTOR VEHI4 CLES, OR RELATED FACILITIES RESULTING IN

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

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

7 (3) MURDER COMMITTED DURING A DRUG-RE8 LATED DRIVE-BY SHOOTING.—Section 36(b)(2)(A) 

9 of title 18, United States Code, is amended by strik10 ing ‘‘death or’’. 

11 (4) MURDER COMMITTED AT AN AIRPORT SERV12 ING INTERNATIONAL CIVIL AVIATION.—Section 

13 37(a) of title 18, United States Code, is amended, 

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

15 ‘‘punished by death or’’. 

16 (5) MURDER COMMITTED USING CHEMICAL

17 WEAPONS.—Section 229A(a)(2) of title 18, United 

18 States Code, is amended— 

19 (A) in the paragraph heading, by striking 

20 ‘‘DEATH PENALTY’’ and inserting ‘‘CAUSING

21 DEATH’’; and 

22 (B) by striking ‘‘punished by death or’’. 

23 (6) CIVIL RIGHTS OFFENSES RESULTING IN

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

25 Code, is amended— 


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

2 be sentenced to death’’; 

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

4 be sentenced to death’’; 

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

6 may be sentenced to death’’; and 

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

8 may be sentenced to death’’. 

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

10 IMPORTANT EXECUTIVE OFFICIAL, OR A SUPREME

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

12 States Code, is amended— 

13 (A) in subsection (b)— 

14 (i) by striking ‘‘(1)’’; and 

15 (ii) by striking ‘‘, or (2) by death’’ 

16 and all that follows through the end of the 

17 subsection and inserting a period; and 

18 (B) in subsection (d)— 

19 (i) by striking ‘‘(1)’’; and 

20 (ii) by striking ‘‘, or (2) by death’’ 

21 and all that follows through the end of the 

22 subsection and inserting a period. 

23 (8) DEATH RESULTING FROM OFFENSES IN24 VOLVING TRANSPORTATION OF EXPLOSIVES, DE25 STRUCTION OF GOVERNMENT PROPERTY, OR DEVerDate Aug 31 2005 04:19 Feb 02, 2007 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S447.IS S447

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1 STRUCTION OF PROPERTY RELATED TO FOREIGN OR

2 INTERSTATE COMMERCE.—Section 844 of title 18, 

3 United States Code, is amended— 

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

5 the death penalty’’; 

6 (B) in subsection (f)(3), by striking ‘‘sub7 ject to the death penalty, or’’; 

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

9 death penalty’’; and 

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

11 than the penalty of death)’’. 

12 (9) MURDER COMMITTED BY USE OF A FIRE13 ARM OR ARMOR PIERCING AMMUNITION DURING

14 COMMISSION OF A CRIME OF VIOLENCE OR A DRUG

15 TRAFFICKING CRIME.—Section 924 of title 18, 

16 United States Code, is amended— 

17 (A) in subsection (c)(5)(B)(i), by striking 

18 ‘‘punished by death or’’; and 

19 (B) in subsection (j)(1), by striking ‘‘by 

20 death or’’. 

21 (10) GENOCIDE.—Section 1091(b)(1) of title 

22 18, United States Code, is amended by striking 

23 ‘‘death or’’. 


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1 (11) FIRST DEGREE MURDER.—Section 

2 1111(b) of title 18, United States Code, is amended 

3 by striking ‘‘by death or’’. 

4 (12) MURDER BY A FEDERAL PRISONER.—Sec5 tion 1118 of title 18, United States Code, is amend6 ed— 

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

8 death or’’; and 

9 (B) in subsection (b), in the third undesig10 nated paragraph— 

11 (i) by inserting ‘‘or’’ before ‘‘an inde12 terminate’’; and 

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

14 sentence of death’’. 

15 (13) MURDER OF A STATE OR LOCAL LAW EN16 FORCEMENT OFFICIAL OR OTHER PERSON AIDING IN

17 A FEDERAL INVESTIGATION; MURDER OF A STATE

18 CORRECTIONAL OFFICER.—Section 1121 of title 18, 

19 United States Code, is amended— 

20 (A) in subsection (a), by striking ‘‘by sen21 tence of death or’’; and 

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

23 death’’. 


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1 (14) MURDER DURING A KIDNAPING.—Section 

2 1201(a) of title 18, United States Code, is amended 

3 by striking ‘‘death or’’. 

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

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

6 amended by striking ‘‘death or’’. 

7 (16) MURDER WITH THE INTENT OF PRE8 VENTING TESTIMONY BY A WITNESS, VICTIM, OR IN9 FORMANT.—Section 1512(a)(2)(A) of title 18, 

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

11 death penalty or’’. 

12 (17) MAILING OF INJURIOUS ARTICLES WITH

13 INTENT TO KILL OR RESULTING IN DEATH.—Section 

14 1716(j)(3) of title 18, United States Code, is amend15 ed by striking ‘‘to the death penalty or’’. 

16 (18) ASSASSINATION OR KIDNAPING RESULTING

17 IN THE DEATH OF THE PRESIDENT OR VICE PRESI18 DENT.—Section 1751 of title 18, United States 

19 Code, is amended— 

20 (A) in subsection (b)— 

21 (i) by striking ‘‘(1)’’; and 

22 (ii) by striking ‘‘, or (2) by death’’ 

23 and all that follows through the end of the 

24 subsection and inserting a period; and 

25 (B) in subsection (d)— 


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1 (i) by striking ‘‘(1)’’; and 

2 (ii) by striking ‘‘, or (2) by death’’ 

3 and all that follows through the end of the 

4 subsection and inserting a period. 

5 (19) MURDER FOR HIRE.—Section 1958(a) of 

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

7 ‘‘death or’’. 

8 (20) MURDER INVOLVED IN A RACKETEERING

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

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

11 (21) WILLFUL WRECKING OF A TRAIN RESULT12 ING IN DEATH.—Section 1992 of title 18, United 

13 States Code, is amended— 

14 (A) in subsection (a), in the matter fol15 lowing paragraph (10), by striking ‘‘or subject 

16 to death,’’; and 

17 (B) in subsection (b), in the matter fol18 lowing paragraph (3), by striking ‘‘, and if the 

19 offense resulted in the death of any person, the 

20 person may be sentenced to death’’. 

21 (22) 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 (23) 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 (24) 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 (25) MURDER RELATED TO SEXUAL ABUSE.— 

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

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

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

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

15 (27) 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 (28) 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 (29) MURDER USING DEVICES OR DANGEROUS

24 SUBSTANCES IN WATERS OF THE UNITED STATES.— 


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1 Section 2282A of title 18, United States Code, is 

2 amended— 

3 (A) by striking subsection (b); and 

4 (B) by redesignating subsections (c) and 

5 (d) as subsections (b) and (c), respectively. 

6 (30) MURDER INVOLVING THE TRANSPOR7 TATION OF EXPLOSIVE, BIOLOGICAL, CHEMICAL, OR

8 RADIOACTIVE OR NUCLEAR MATERIALS.—Section 

9 2283 of title 18, United States Code, is amended— 

10 (A) by striking subsection (b); and 

11 (B) by redesignating subsection (c) as sub12 section (b). 

13 (31) MURDER INVOLVING THE DESTRUCTION

14 OF VESSEL OR MARITIME FACILITY.—Section 

15 2291(d) of title 18, United States Code, is amended 

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

17 (32) MURDER OF A UNITED STATES NATIONAL

18 IN ANOTHER COUNTRY.—Section 2332(a)(1) of title 

19 18, United States Code, is amended by striking 

20 ‘‘death or’’. 

21 (33) MURDER BY THE USE OF A WEAPON OF

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

23 United States Code, is amended— 

24 (A) in subsection (a), in the matter fol25 lowing paragraph (4), by striking ‘‘, and if 


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1 death results shall be punished by death’’ and 

2 all that follows through the end of the sub3 section and inserting a period; and 

4 (B) in subsection (b), by striking ‘‘, and if 

5 death results shall be punished by death’’ and 

6 all that follows through the end of the sub7 section and inserting a period. 

8 (34) MURDER BY ACT OF TERRORISM TRAN9 SCENDING NATIONAL BOUNDARIES.—Section 

10 2332b(c)(1)(A) of title 18, United States Code, is 

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

12 (35) MURDER INVOLVING TORTURE.—Section 

13 2340A(a) of title 18, United States Code, is amend14 ed by striking ‘‘punished by death or’’. 

15 (36) MURDER INVOLVING A WAR CRIME.—Sec16 tion 2441(a) of title 18, United States Code, is 

17 amended by striking ‘‘, and if death results to the 

18 victim, shall also be subject to the penalty of death’’. 

19 (37) MURDER RELATED TO A CONTINUING

20 CRIMINAL ENTERPRISE OR RELATED MURDER OF A

21 FEDERAL, STATE, OR LOCAL LAW ENFORCEMENT

22 OFFICER.—Section 408(e) of the Controlled Sub23 stances Act (21 U.S.C. 848(e)) is amended— 


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1 (A) in the subsection heading, by striking 

2 ‘‘DEATH PENALTY’’ and inserting ‘‘INTEN3 TIONAL KILLING’’; and 

4 (B) in paragraph (1)— 

5 (i) subparagraph (A), by striking ‘‘, or 

6 may be sentenced to death’’; and 

7 (ii) in subparagraph (B), by striking 

8 ‘‘, or may be sentenced to death’’. 

9 (38) DEATH RESULTING FROM AIRCRAFT HI10 JACKING.—Section 46502 of title 49, United States 

11 Code, is amended— 

12 (A) in subsection (a)(2)(B), by striking 

13 ‘‘put to death or’’; and 

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

15 ‘‘put to death or’’. 

16 (b) NON-HOMICIDE RELATED OFFENSES.— 

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

18 United States Code, is amended by striking ‘‘pun19 ished by death or’’ and all that follows before the pe20 riod and inserting ‘‘imprisoned for any term of years 

21 or for life’’. 

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

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

24 death, or’’. 

25 (c) TITLE 10.— 


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1 (1) OFFENSES.— 

2 (A) CONSPIRACY.—Section 881(b) of title 

3 10, United States Code (article 81(b) of the 

4 Uniform Code of Military Justice), is amended 

5 by striking ‘‘, if death results’’ and all that fol6 lows through the end and inserting ‘‘as a court7 martial or military commission may direct.’’. 

8 (B) DESERTION.—Section 885(c) of title 

9 10, United States Code (article 85(c)), is 

10 amended by striking ‘‘, if the offense is com11 mitted in time of war’’ and all that follows 

12 through the end and inserting ‘‘as a court-mar13 tial may direct.’’. 

14 (C) ASSAULTING OR WILLFULLY DIS15 OBEYING SUPERIOR COMMISSIONED OFFICER.— 

16 Section 890 of title 10, United States Code (ar17 ticle 90), is amended by striking ‘‘, if the of18 fense is committed in time of war’’ and all that 

19 follows and inserting ‘‘as a court-martial may 

20 direct.’’. 

21 (D) MUTINY OR SEDITION.—Section 

22 894(b) of title 10, United States Code (article 

23 94(b)), is amended by striking ‘‘by death or 

24 such other punishment’’. 


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1 (E) MISBEHAVIOR BEFORE THE ENEMY.— 

2 Section 899 of title 10, United States Code (ar3 ticle 99), is amended by striking ‘‘by death or 

4 such other punishment’’. 

5 (F) SUBORDINATE COMPELLING SUR6 RENDER.—Section 900 of title 10, United 

7 States Code (article 100), is amended by strik8 ing ‘‘by death or such other punishment’’. 

9 (G) IMPROPER USE OF COUNTERSIGN.— 

10 Section 901 of title 10, United States Code (ar11 ticle 101), is amended by striking ‘‘by death or 

12 such other punishment’’. 

13 (H) FORCING A SAFEGUARD.—Section 902 

14 of title 10, United States Code (article 102), is 

15 amended by striking ‘‘suffer death’’ and all that 

16 follows and inserting ‘‘be punished as a court17 martial may direct.’’. 

18 (I) AIDING THE ENEMY.—Section 904 of 

19 title 10, United States Code (article 104), is 

20 amended by striking ‘‘suffer death or such 

21 other punishment as a court-martial or military 

22 commission may direct’’ and inserting ‘‘be pun23 ished as a court-martial or military commission 

24 may direct’’. 


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1 (J) SPIES.—Section 906 of title 10, United 

2 States Code (article 106), is amended by strik3 ing ‘‘by death’’ and inserting ‘‘by imprisonment 

4 for life’’. 

5 (K) ESPIONAGE.—Section 906a of title 10, 

6 United States Code (article 106a), is amend7 ed— 

8 (i) by striking subsections (b) and (c); 

9 (ii) by redesignating paragraphs (2) 

10 and (3) of subsection (a) as subsections (b) 

11 and (c), respectively; 

12 (iii) in subsection (a)— 

13 (I) by striking ‘‘(1)’’; 

14 (II) by striking ‘‘paragraph (2)’’ 

15 and inserting ‘‘subsection (b)’’; 

16 (III) by striking ‘‘paragraph (3)’’ 

17 and inserting ‘‘subsection (c)’’; and 

18 (IV) by striking ‘‘as a court-mar19 tial may direct,’’ and all that follows 

20 and inserting ‘‘as a court-martial may 

21 direct.’’; 

22 (iv) in subsection (b), as so redesig23 nated— 

24 (I) by striking ‘‘paragraph (1)’’ 

25 and inserting ‘‘subsection (a)’’; and 


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1 (II) by redesignating subpara2 graphs (A), (B), and (C) as para3 graphs (1), (2), and (3), respectively; 

4 and 

5 (v) in subsection (c), as so redesig6 nated, by striking ‘‘paragraph (1)’’ and in7 serting ‘‘subsection (a)’’. 

8 (L) IMPROPER HAZARDING OF VESSEL.— 

9 The text of section 910 of title 10, United 

10 States Code (article 110), is amended to read 

11 as follows: 

12 ‘‘Any person subject to this chapter who willfully and 

13 wrongfully, or negligently, hazards or suffers to be haz14 arded any vessel of the Armed Forces shall be punished 

15 as a court-martial may direct.’’. 

16 (M) MISBEHAVIOR OF SENTINEL.—Section 

17 913 of title 10, United States Code (article 

18 113), is amended by striking ‘‘, if the offense 

19 is committed in time of war’’ and all that fol20 lows and inserting ‘‘as a court-martial may di21 rect.’’. 

22 (N) MURDER.—Section 918 of title 10, 

23 United States Code (article 118), is amended 

24 by striking ‘‘death or imprisonment for life as 


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1 a court-martial may direct’’ and inserting ‘‘im2 prisonment for life’’. 

3 (O) DEATH OR INJURY OF AN UNBORN

4 CHILD.—Section 919a(a) of title 10, United 

5 States Code, is amended— 

6 (i) in paragraph (1), by striking ‘‘, 

7 other than death,’’; and 

8 (ii) by striking paragraph (4). 

9 (P) RAPE.—Section 920(a) of title 10, 

10 United States Code (article 120(a)), is amended 

11 by striking ‘‘by death or such other punish12 ment’’. 

13 (Q) CRIMES TRIABLE BY MILITARY COM14 MISSION.—Section 950v(b) of title 10, United 

15 States Code, is amended— 

16 (i) in paragraph (1), by striking ‘‘by 

17 death or such other punishment’’; 

18 (ii) in paragraph (2), by striking ‘‘, if 

19 death results’’ and all that follows and in20 serting ‘‘as a military commission under 

21 this chapter may direct.’’; 

22 (iii) in paragraph (7), by striking ‘‘, if 

23 death results’’ and all that follows and in24 serting ‘‘as a military commission under 

25 this chapter may direct.’’; 


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1 (iv) in paragraph (8), by striking ‘‘, if 

2 death results’’ and all that follows and in3 serting ‘‘as a military commission under 

4 this chapter may direct.’’; 

5 (v) in paragraph (9), by striking ‘‘, if 

6 death results’’ and all that follows and in7 serting ‘‘as a military commission under 

8 this chapter may direct.’’; 

9 (vi) in paragraph (11)(A), by striking 

10 ‘‘, if death results’’ and all that follows and 

11 inserting ‘‘as a military commission under 

12 this chapter may direct.’’; 

13 (vii) in paragraph (12)(A), by striking 

14 ‘‘, if death results’’ and all that follows and 

15 inserting ‘‘as a military commission under 

16 this chapter may direct.’’; 

17 (viii) in paragraph (13)(A), by strik18 ing ‘‘, if death results’’ and all that follows 

19 and inserting ‘‘as a military commission 

20 under this chapter may direct.’’; 

21 (ix) in paragraph (14), by striking ‘‘, 

22 if death results’’ and all that follows and 

23 inserting ‘‘as a military commission under 

24 this chapter may direct.’’; 


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1 (x) in paragraph (15), by striking ‘‘by 

2 death or such other punishment’’; 

3 (xi) in paragraph (17), by striking ‘‘, 

4 if death results’’ and all that follows and 

5 inserting ‘‘as a military commission under 

6 this chapter may direct.’’; 

7 (xii) in paragraph (23), by striking ‘‘, 

8 if death results’’ and all that follows and 

9 inserting ‘‘as a military commission under 

10 this chapter may direct.’’; 

11 (xiii) in paragraph (24), by striking ‘‘, 

12 if death results’’ and all that follows and 

13 inserting ‘‘as a military commission under 

14 this chapter may direct.’’; 

15 (xiv) in paragraph (27), by striking 

16 ‘‘by death or such other punishment’’; and 

17 (xv) in paragraph (28), by striking ‘‘, 

18 if death results’’ and all that follows and 

19 inserting ‘‘as a military commission under 

20 this chapter may direct.’’. 

21 (2) JURISDICTIONAL AND PROCEDURAL MAT22 TERS.— 

23 (A) DISMISSED OFFICER’S RIGHT TO TRIAL

24 BY COURT-MARTIAL.—Section 804(a) of title 

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1 form Code of Military Justice), is amended by 

2 striking ‘‘or death’’. 

3 (B) COURTS-MARTIAL CLASSIFIED.—Sec4 tion 816(1)(A) of title 10, United States Code 

5 (article 10(1)(A)), is amended by striking ‘‘or, 

6 in a case in which the accused may be sen7 tenced to a penalty of death’’ and all that fol8 lows through ‘‘(article 25a)’’. 

9 (C) JURISDICTION OF GENERAL COURTS10 MARTIAL.—Section 818 of title 10, United 

11 States Code (article 18), is amended— 

12 (i) in the first sentence by striking 

13 ‘‘including the penalty of death when spe14 cifically authorized by this chapter’’ and 

15 inserting ‘‘except death’’; and 

16 (ii) by striking the third sentence. 

17 (D) JURISDICTION OF SPECIAL COURTS18 MARTIAL.—Section 819 of title 10, United 

19 States Code (article 19), is amended in the first 

20 sentence by striking ‘‘for any noncapital of21 fense’’ and all that follows and inserting ‘‘for 

22 any offense made punishable by this chapter.’’. 

23 (E) JURISDICTION OF SUMMARY COURTS24 MARTIAL.—Section 820 of title 10, United 


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1 States Code (article 20), is amended in the first 

2 sentence by striking ‘‘noncapital’’. 

3 (F) NUMBER OF MEMBERS IN CAPITAL

4 CASES.— 

5 (i) IN GENERAL.—Section 825a of 

6 title 10, United States Code (article 25a), 

7 is repealed. 

8 (ii) CLERICAL AMENDMENT.—The 

9 table of sections at the beginning of sub10 chapter V of chapter 47 of title 10, United 

11 States Code, is amended by striking the 

12 item relating to section 825a (article 25a). 

13 (G) ABSENT AND ADDITIONAL MEM14 BERS.—Section 829(b)(2) of title 10, United 

15 States Code (article 29(b)(2)), is amended by 

16 striking ‘‘or, in a case in which the death pen17 alty may be adjudged’’ and all that follows and 

18 inserting a period. 

19 (H) STATUTE OF LIMITATIONS.—Sub20 section (a) of section 843 of title 10, United 

21 States Code (article 43), is amended to read as 

22 follows: 

23 ‘‘(a)(1) A person charged with an offense described 

24 in paragraph (2) may be tried and punished at any time 

25 without limitation. 


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1 ‘‘(2) An offense described in this paragraph is any 

2 offense as follows: 

3 ‘‘(A) Absence without leave or missing move4 ment in time of war. 

5 ‘‘(B) Murder. 

6 ‘‘(C) Rape. 

7 ‘‘(D) A violation of section 881 of this title (ar8 ticle 81) that results in death to one or more of the 

9 victims. 

10 ‘‘(E) Desertion or attempt to desert in time of 

11 war. 

12 ‘‘(F) A violation of section 890 of this title (ar13 ticle 90) committed in time of war. 

14 ‘‘(G) Attempted mutiny, mutiny, sedition, or 

15 failure to suppress or report a mutiny or sedition. 

16 ‘‘(H) A violation of section 899 of this title (ar17 ticle 99). 

18 ‘‘(I) A violation of section 900 of this title (arti19 cle 100). 

20 ‘‘(J) A violation of section 901 of this title (ar21 ticle 101). 

22 ‘‘(K) A violation of section 902 of this title (ar23 ticle 102). 

24 ‘‘(L) A violation of section 904 of this title (ar25 ticle 104). 


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1 ‘‘(M) A violation of section 906 of this title (ar2 ticle 106). 

3 ‘‘(N) A violation of section 906a of this title 

4 (article 106a). 

5 ‘‘(O) A violation of section 910 of this title (ar6 ticle 110) in which the person subject to this chapter 

7 willfully and wrongfully hazarded or suffered to be 

8 hazarded any vessel of the Armed Forces. 

9 ‘‘(P) A violation of section 913 of this title (ar10 ticle 113) committed in time of war.’’. 

11 (I) PLEAS OF ACCUSED.—Section 845(b) 

12 of title 10, United States Code (article 45(b)), 

13 is amended— 

14 (i) by striking the first sentence; and 

15 (ii) by striking ‘‘With respect to any 

16 other charge’’ and inserting ‘‘With respect 

17 to any charge’’. 

18 (J) DEPOSITIONS.—Section 849 of title 

19 10, United States Code (article 49), is amend20 ed— 

21 (i) in subsection (d), by striking ‘‘in 

22 any case not capital’’; and 

23 (ii) by striking subsections (e) and (f). 


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1 (K) ADMISSIBILITY OF RECORDS OF

2 COURTS OF INQUIRY.—Section 850 of title 10, 

3 United States Code (article 50), is amended— 

4 (i) in subsection (a), by striking ‘‘not 

5 capital and’’; and 

6 (ii) in subsection (b), by striking 

7 ‘‘capital cases or’’. 

8 (L) NUMBER OF VOTES REQUIRED FOR

9 CONVICTION AND SENTENCING BY COURT-MAR10 TIAL.—Section 852 of title 10, United States 

11 Code (article 52), is amended— 

12 (i) in subsection (a)— 

13 (I) by striking paragraph (1); 

14 (II) by redesignating paragraph 

15 (2) as subsection (a); and 

16 (III) by striking ‘‘any other of17 fense’’ and inserting ‘‘any offense’’; 

18 and 

19 (ii) in subsection (b)— 

20 (I) by striking paragraph (1); 

21 and 

22 (II) by redesignating paragraphs 

23 (2) and (3) as paragraphs (1) and 

24 (2), respectively. 


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•S 447 IS

1 (M) RECORD OF TRIAL.—Section 

2 854(c)(1)(A) of title 10, United States Code 

3 (article 54(c)(1)(A)), is amended by striking 

4 ‘‘death,’’. 

5 (N) FORFEITURE OF PAY AND ALLOW6 ANCES DURING CONFINEMENT.—Section 

7 858b(a)(2)(A) of title 10, United States Code 

8 (article 58b(a)(2)(A)), is amended by striking 

9 ‘‘or death’’. 

10 (O) WAIVER OR WITHDRAWAL OF AP11 PEAL.—Section 861 of title 10, United States 

12 Code (article 61), is amended— 

13 (i) in subsection (a), by striking ‘‘ex14 cept a case in which the sentence as ap15 proved under section 860(c) of this title 

16 (article 60(c)) includes death,’’; and 

17 (ii) in subsection (b), by striking ‘‘Ex18 cept in a case in which the sentence as ap19 proved under section 860(c) of this title 

20 (article 60(c)) includes death, the accused’’ 

21 and inserting ‘‘The accused’’. 

22 (P) REVIEW BY COURT OF CRIMINAL AP23 PEALS.—Section 866(b) of title 10, United 

24 States Code (article 66(b)), is amended— 


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•S 447 IS

1 (i) in the matter preceding paragraph 

2 (1), by inserting ‘‘in which’’ after ‘‘court3 martial’’; 

4 (ii) in paragraph (1), by striking ‘‘in 

5 which the sentence, as approved, extends 

6 to death,’’ and inserting ‘‘the sentence, as 

7 approved, extends to’’; and 

8 (iii) in paragraph (2), by striking ‘‘ex9 cept in the case of a sentence extending to 

10 death,’’. 

11 (Q) REVIEW BY COURT OF APPEALS FOR

12 THE ARMED FORCES.—Section 867(a) of title 

13 10, United States Code (article 67(a)), is 

14 amended— 

15 (i) by striking paragraph (1); and 

16 (ii) by redesignating paragraphs (2) 

17 and (3) as paragraphs (1) and (2), respec18 tively. 

19 (R) EXECUTION OF SENTENCE.—Section 

20 871 of title 10, United States Code (article 71), 

21 is amended— 

22 (i) by striking subsection (a); 

23 (ii) by redesignating subsection (b) as 

24 subsection (a); 


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•S 447 IS

1 (iii) by striking subsection (c) and in2 serting the following: 

3 ‘‘(b)(1) If a sentence extends to dismissal or a dishon4 orable or bad conduct discharge and if the right of the 

5 accused to appellate review is not waived, and an appeal 

6 is not withdrawn, under section 861 of this title (article 

7 61), that part of the sentence extending to dismissal or 

8 a dishonorable or bad conduct discharge may not be exe9 cuted until there is a final judgment as to the legality of 

10 the proceedings (and with respect to dismissal, approval 

11 under subsection (a)). A judgment as to legality of the 

12 proceedings is final in such cases when review is completed 

13 by a Court of Criminal Appeals and— 

14 ‘‘(A) the time for the accused to file a peti15 tion for review by the Court of Appeals for the 

16 Armed Forces has expired and the accused has 

17 not filed a timely petition for such review and 

18 the case is not otherwise under review by that 

19 Court; 

20 ‘‘(B) such a petition is rejected by the 

21 Court of Appeals for the Armed Forces; or 

22 ‘‘(C) review is completed in accordance 

23 with the judgment of the Court of Appeals for 

24 the Armed Forces and— 


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•S 447 IS

1 ‘‘(i) a petition for a writ of certiorari 

2 is not filed within the time limits pre3 scribed by the Supreme Court; 

4 ‘‘(ii) such a petition is rejected by the 

5 Supreme Court; or 

6 ‘‘(iii) review is otherwise completed in 

7 accordance with the judgment of the Su8 preme Court. 

9 ‘‘(2) If a sentence extends to dismissal or a dishonor10 able or bad conduct discharge and if the right of the ac11 cused to appellate review is waived, or an appeal is with12 drawn, under section 861 of this title (article 61), that 

13 part of the sentence extending to dismissal or a bad con14 duct or dishonorable discharge may not be executed until 

15 review of the case by a judge advocate (and any action 

16 on that review) under section 864 of this title (article 64) 

17 is completed. Any other part of a court-martial sentence 

18 may be ordered executed by the convening authority or 

19 other person acting on the case under section 860 of this 

20 title (article 60) when approved by him under that sec21 tion.’’; 

22 (iv) by redesignating subsection (d) as 

23 subsection (c); and 


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•S 447 IS

1 (v) in subsection (c), as so redesig2 nated, by striking ‘‘, except a sentence of 

3 death’’. 

4 (S) GENERAL ARTICLE.—Section 934 of 

5 title 10, United States Code (article 134), is 

6 amended by striking ‘‘crimes and offenses not 

7 capital’’ and inserting ‘‘crimes and offenses’’ 

8 (T) JURISDICTION OF MILITARY COMMIS9 SIONS.—Section 948d(d) of title 10, United 

10 States Code, is amended by striking ‘‘including 

11 the penalty of death’’ and all that follows and 

12 inserting ‘‘except death.’’. 

13 (U) NUMBER OF MEMBERS OF MILITARY

14 COMMISSIONS.—Subsection (a) of section 948m 

15 of title 10, United States Code, is amended to 

16 read as follows: 

17 ‘‘(a) NUMBER OF MEMBERS.—A military commission 

18 under this chapter shall have at least 5 members.’’. 

19 (V) NUMBER OF VOTES REQUIRED FOR

20 SENTENCING BY MILITARY COMMISSION.—Sec21 tion 949m of title 10, United States Code, is 

22 amended— 

23 (i) in subsection (b)— 

24 (I) by striking paragraph (1); 

25 and 


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•S 447 IS

1 (II) by redesignating paragraphs 

2 (2) and (3) as paragraphs (1) and 

3 (2), respectively; and 

4 (ii) by striking subsection (c). 

5 (W) APPELLATE REFERRAL FOR MILITARY

6 COMMISSIONS.—Section 950c of title 10, United 

7 States Code, is amended— 

8 (i) in subsection (b)(1), by striking 

9 ‘‘except a case in which the sentence as ap10 proved under section 950b of this title ex11 tends to death,’’; and 

12 (ii) in subsection (c), by striking ‘‘Ex13 cept in a case in which the sentence as ap14 proved under section 950b of this title ex15 tends to death, the accused’’ and inserting 

16 ‘‘The accused’’. 

17 (X) EXECUTION OF SENTENCE BY MILI18 TARY COMMISSIONS.— 

19 (i) IN GENERAL.—Section 950i of title 

20 10, United States Code, is amended— 

21 (I) in the section heading, by 

22 striking ‘‘; procedures for exe23 cution of sentence of death’’; 

24 (II) by striking subsections (b) 

25 and (c); 


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•S 447 IS

1 (III) by redesignating subsection 

2 (d) as subsection (b); and 

3 (IV) in subsection (b), as so re4 designated, by striking ‘‘, except a 

5 sentence of death’’. 

6 (ii) CLERICAL AMENDMENT.—The 

7 table of sections at the beginning of sub8 chapter VI of chapter 47A of title 10, 

9 United States Code, is amended by strik10 ing the item relating to section 950i and 

11 inserting the following new item: 

‘‘950i. Execution of sentence.’’. 

12 (d) CONFORMING AMENDMENTS.— 

13 (1) REPEAL OF CRIMINAL PROCEDURES RELAT14 ING TO IMPOSITION OF DEATH SENTENCE.— 

15 (A) IN GENERAL.—Chapter 228 of title 

16 18, United States Code, is repealed. 

17 (B) CLERICAL AMENDMENT.—The table of 

18 chapters for part II of title 18, United States 

19 Code, is amended by striking the item relating 

20 to chapter 228. 

21 (2) OTHER PROVISIONS.— 

22 (A) INTERCEPTION OF WIRE, ORAL, OR

23 ELECTRONIC COMMUNICATIONS.—Section 

24 2516(1)(a) of title 18, United States Code, is 

25 amended by striking ‘‘by death or’’. 


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•S 447 IS

1 (B) RELEASE AND DETENTION PENDING

2 JUDICIAL PROCEEDINGS.—Chapter 207 of title 

3 18, United States Code, is amended— 

4 (i) in section 3142(f)(1)(B), by strik5 ing ‘‘or death’’; and 

6 (ii) in section 3146(b)(1)(A)(i), by 

7 striking ‘‘death, life imprisonment,’’ and 

8 inserting ‘‘life imprisonment’’. 

9 (C) VENUE IN CAPITAL CASES.—Chapter 

10 221 of title 18, United States Code, is amend11 ed— 

12 (i) by striking section 3235; and 

13 (ii) in the table of sections, by striking 

14 the item relating to section 3235. 

15 (D) PERIOD OF LIMITATIONS.— 

16 (i) IN GENERAL.—Chapter 213 of title 

17 18, United States Code, is amended by 

18 striking section 3281 and inserting the fol19 lowing: 

20 ‘‘§ 3281. Offenses with no period of limitations 

21 ‘‘An indictment may be found at any time without 

22 limitation for the following offenses: 

23 ‘‘(1) A violation of section 274(a)(1)(A) of the 

24 Immigration and Nationality Act (8 U.S.C. 

25 1324(a)(1)(A)) resulting in the death of any person. 


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•S 447 IS

1 ‘‘(2) A violation of section 34 of this title. 

2 ‘‘(3) A violation of section 36(b)(2)(A) of this 

3 title. 

4 ‘‘(4) A violation of section 37(a) of this title 

5 that results in the death of any person. 

6 ‘‘(5) A violation of section 229A(a)(2) of this 

7 title. 

8 ‘‘(6) A violation of section 241, 242, 245(b), or 

9 247(a) of this title that— 

10 ‘‘(A) results in death; or 

11 ‘‘(B) involved kidnapping or an attempt to 

12 kidnap, aggravated sexual abuse or an attempt 

13 to commit aggravated sexual abuse, or an at14 tempt to kill. 

15 ‘‘(7) A violation of subsection (b) or (d) of sec16 tion 351 of this title. 

17 ‘‘(8) A violation of section 794(a) of this title. 

18 ‘‘(9) A violation of subsection (d), (f), or (i) of 

19 section 844 of this title that results in the death of 

20 any person (including any public safety officer per21 forming duties as a direct or proximate result of 

22 conduct prohibited by such subsection). 

23 ‘‘(10) An offense punishable under subsection 

24 (c)(5)(B)(i) or (j)(1) of section 924 of this title. 


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•S 447 IS

1 ‘‘(11) An offense punishable under section 

2 1091(b)(1) of this title. 

3 ‘‘(12) A violation of section 1111 of this title 

4 that is murder in the first degree. 

5 ‘‘(13) A violation of section 1118 of this title. 

6 ‘‘(14) A violation of subsection (a) or (b) of sec7 tion 1121 of this title. 

8 ‘‘(15) A violation of section 1201(a) of this title 

9 that results in the death of any person. 

10 ‘‘(16) A violation of section 1203(a) of this title 

11 that results in the death of any person. 

12 ‘‘(17) An offense punishable under section 

13 1512(a)(3) of this title that is murder (as that term 

14 is defined in section 1111 of this title). 

15 ‘‘(18) An offense punishable under section 

16 1716(j)(3) of this title. 

17 ‘‘(19) A violation of subsection (b) or (d) of sec18 tion 1751 of this title. 

19 ‘‘(20) A violation of section 1958(a) of this title 

20 that results in death. 

21 ‘‘(21) A violation of section 1959(a) of this title 

22 that is murder. 

23 ‘‘(22) A violation of subsection (a) (except for 

24 a violation of paragraph (8), (9) or (10) of such subVerDate Aug 31 2005 04:19 Feb 02, 2007 Jkt 059200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\S447.IS S447

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•S 447 IS

1 section) or (b) of section 1992 of this title that re2 sults in the death of any person. 

3 ‘‘(23) A violation of section 2113(e) of this title 

4 that results in death. 

5 ‘‘(24) An offense punishable under section 

6 2119(3) of this title. 

7 ‘‘(25) An offense punishable under section 

8 2245(a) of this title. 

9 ‘‘(26) An violation of section 2251 of this title 

10 that results in the death of a person. 

11 ‘‘(27) A violation of section 2280(a)(1) of this 

12 title that results in the death of any person. 

13 ‘‘(28) A violation of section 2281(a)(1) of this 

14 title that results in the death of any person. 

15 ‘‘(29) A violation of section 2282A(a) of this 

16 title that causes the death of any person. 

17 ‘‘(30) A violation of section 2283(a) of this title 

18 that causes the death of any person. 

19 ‘‘(31) An offense punishable under section 

20 2291(d) of this title. 

21 ‘‘(32) An offense punishable under section 

22 2332(a)(1) of this title. 

23 ‘‘(33) A violation of subsection (a) or (b) of sec24 tion 2332a of this title that results in death. 


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•S 447 IS

1 ‘‘(34) An offense punishable under section 

2 2332b(c)(1)(A) of this title. 

3 ‘‘(35) A violation of section 2340A(a) of this 

4 title that results in the death of any person. 

5 ‘‘(36) A violation of section 2381 of this title. 

6 ‘‘(37) A violation of section 2441(a) of this title 

7 that results in the death of the victim. 

8 ‘‘(38) A violation of section 408(e) of the Con9 trolled Substances Act (21 U.S.C. 848(e)). 

10 ‘‘(39) An offense punishable under subsection 

11 (a)(2)(B) or (b)(1)(B) of section 46502 of title 49.’’ 

12 (ii) CLERICAL AMENDMENT.—The 

13 table of sections for chapter 213 of title 

14 18, United States Code, is amended by 

15 striking the item relating to section 3281 

16 and inserting the following: 

‘‘3281. Offenses with no period of limitations.’’. 

17 SEC. 3. PROHIBITION ON IMPOSITION OF DEATH SEN18 TENCE. 

19 (a) IN GENERAL.—Notwithstanding any other provi20 sion of law, no person may be sentenced to death or put 

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

22 for any violation of Federal law. 

23 (b) PERSONS SENTENCED BEFORE DATE OF ENACT24 MENT.—Notwithstanding any other provision of law, any 

25 person sentenced to death before the date of enactment 


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•S 447 IS

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

2 a sentence of life imprisonment without the possibility of 

3 parole. 

Æ 


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