I 

112TH CONGRESS 

1ST SESSION H. R. 3051 

To abolish the death penalty under Federal law. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 23, 2011 

Mr. KUCINICH (for himself, Ms. EDWARDS, Mr. ELLISON, Mr. JACKSON of Illinois, Mr. SCOTT of Virginia, Mr. SERRANO, Mr. CONYERS, Ms. LEE of 

California, Mr. CLEAVER, and Mr. MEEKS) introduced the following bill; 

which was referred to the Committee on the Judiciary, and in addition 

to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

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 2011’’. 

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

7 DEATH PENALTY. 

8 (a) HOMICIDE-RELATED OFFENSES.— 


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1 (1) MURDER RELATED TO THE SMUGGLING OF

2 ALIENS.—Section 274(a)(1)(B)(iv) of the Immigra3 tion and Nationality Act (8 U.S.C. 

4 1324(a)(1)(B)(iv)) is amended by striking ‘‘punished 

5 by death or’’. 

6 (2) DESTRUCTION OF AIRCRAFT, MOTOR VEHI7 CLES, OR RELATED FACILITIES RESULTING IN

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

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

10 (3) MURDER COMMITTED DURING A DRUG-RE11 LATED DRIVE-BY SHOOTING.—Section 36(b)(2)(A) 

12 of title 18, United States Code, is amended by strik13 ing ‘‘death or’’. 

14 (4) MURDER COMMITTED AT AN AIRPORT SERV15 ING INTERNATIONAL CIVIL AVIATION.—Section 

16 37(a) of title 18, United States Code, is amended, 

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

18 ‘‘punished by death or’’. 

19 (5) MURDER COMMITTED USING CHEMICAL

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

21 States Code, is amended— 

22 (A) in the paragraph heading, by striking 

23 ‘‘DEATH PENALTY’’ and inserting ‘‘CAUSING

24 DEATH’’; and 

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


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1 (6) CIVIL RIGHTS OFFENSES RESULTING IN

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

3 Code, is amended— 

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

5 be sentenced to death’’; 

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

7 be sentenced to death’’; 

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

9 may be sentenced to death’’; and 

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

11 may be sentenced to death’’. 

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

13 IMPORTANT EXECUTIVE OFFICIAL, OR A SUPREME

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

15 States Code, is amended— 

16 (A) in subsection (b)— 

17 (i) by striking ‘‘(1)’’; and 

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

19 and all that follows through the end of the 

20 subsection and inserting a period; and 

21 (B) in subsection (d)— 

22 (i) by striking ‘‘(1)’’; and 

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

24 and all that follows through the end of the 

25 subsection and inserting a period. 


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1 (8) DEATH RESULTING FROM OFFENSES IN2 VOLVING TRANSPORTATION OF EXPLOSIVES, DE3 STRUCTION OF GOVERNMENT PROPERTY, OR DE4 STRUCTION OF PROPERTY RELATED TO FOREIGN OR

5 INTERSTATE COMMERCE.—Section 844 of title 18, 

6 United States Code, is amended— 

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

8 the death penalty’’; 

9 (B) in subsection (f)(3), by striking ‘‘sub10 ject to the death penalty, or’’; 

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

12 death penalty’’; and 

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

14 than the penalty of death)’’. 

15 (9) MURDER COMMITTED BY USE OF A FIRE16 ARM OR ARMOR PIERCING AMMUNITION DURING

17 COMMISSION OF A CRIME OF VIOLENCE OR A DRUG

18 TRAFFICKING CRIME.—Section 924 of title 18, 

19 United States Code, is amended— 

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

21 ‘‘punished by death or’’; and 

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

23 death or’’. 


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

2 18, United States Code, is amended by striking 

3 ‘‘death or’’. 

4 (11) FIRST DEGREE MURDER.—Section 

5 1111(b) of title 18, United States Code, is amended 

6 by striking ‘‘by death or’’. 

7 (12) MURDER BY A FEDERAL PRISONER.—Sec8 tion 1118 of title 18, United States Code, is amend9 ed— 

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

11 death or’’; and 

12 (B) in subsection (b), in the third undesig13 nated paragraph— 

14 (i) by inserting ‘‘or’’ before ‘‘an inde15 terminate’’; and 

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

17 sentence of death’’. 

18 (13) MURDER OF A STATE OR LOCAL LAW EN19 FORCEMENT OFFICIAL OR OTHER PERSON AIDING IN

20 A FEDERAL INVESTIGATION; MURDER OF A STATE

21 CORRECTIONAL OFFICER.—Section 1121 of title 18, 

22 United States Code, is amended— 

23 (A) in subsection (a), by striking ‘‘by sen24 tence of death or’’; and 


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

2 death’’. 

3 (14) MURDER DURING A KIDNAPPING.—Section 

4 1201(a) of title 18, United States Code, is amended 

5 by striking ‘‘death or’’. 

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

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

8 amended by striking ‘‘death or’’. 

9 (16) MURDER WITH THE INTENT OF PRE10 VENTING TESTIMONY BY A WITNESS, VICTIM, OR IN11 FORMANT.—Section 1512(a)(2)(A) of title 18, 

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

13 death penalty or’’. 

14 (17) MAILING OF INJURIOUS ARTICLES WITH

15 INTENT TO KILL OR RESULTING IN DEATH.—Section 

16 1716(j)(3) of title 18, United States Code, is amend17 ed by striking ‘‘to the death penalty or’’. 

18 (18) ASSASSINATION OR KIDNAPPING RESULT19 ING IN THE DEATH OF THE PRESIDENT OR VICE

20 PRESIDENT.—Section 1751 of title 18, United 

21 States Code, is amended— 

22 (A) in subsection (b)— 

23 (i) by striking ‘‘(1)’’; and 


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

2 and all that follows through the end of the 

3 subsection and inserting a period; and 

4 (B) in subsection (d)— 

5 (i) by striking ‘‘(1)’’; and 

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

7 and all that follows through the end of the 

8 subsection and inserting a period. 

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

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

11 ‘‘death or’’. 

12 (20) MURDER INVOLVED IN A RACKETEERING

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

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

15 (21) WILLFUL WRECKING OF A TRAIN RESULT16 ING IN DEATH.—Section 1992 of title 18, United 

17 States Code, is amended— 

18 (A) in subsection (a), in the matter fol19 lowing paragraph (10), by striking ‘‘or subject 

20 to death,’’; and 

21 (B) in subsection (b), in the matter fol22 lowing paragraph (3), by striking ‘‘, and if the 

23 offense resulted in the death of any person, the 

24 person may be sentenced to death’’. 


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1 (22) BANK ROBBERY-RELATED MURDER OR

2 KIDNAPPING.—Section 2113(e) of title 18, United 

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

4 (23) MURDER RELATED TO A CARJACKING.— 

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

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

7 (24) MURDER RELATED TO AGGRAVATED

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

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

10 the death penalty is imposed,’’. 

11 (25) MURDER RELATED TO SEXUAL ABUSE.— 

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

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

14 (26) MURDER RELATED TO SEXUAL EXPLOI15 TATION OF CHILDREN.—Section 2251(e) of title 18, 

16 United States Code, is amended by striking ‘‘pun17 ished by death or’’. 

18 (27) MURDER COMMITTED DURING AN OF19 FENSE AGAINST MARITIME NAVIGATION.—Section 

20 2280(a)(1) of title 18, United States Code, is 

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

22 (28) MURDER COMMITTED DURING AN OF23 FENSE AGAINST A MARITIME FIXED PLATFORM.— 

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

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


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1 (29) MURDER USING DEVICES OR DANGEROUS

2 SUBSTANCES IN WATERS OF THE UNITED STATES.— 

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

4 amended— 

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

6 (B) by redesignating subsections (c) and 

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

8 (30) MURDER INVOLVING THE TRANSPOR9 TATION OF EXPLOSIVE, BIOLOGICAL, CHEMICAL, OR

10 RADIOACTIVE OR NUCLEAR MATERIALS.—Section 

11 2283 of title 18, United States Code, is amended— 

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

13 (B) by redesignating subsection (c) as sub14 section (b). 

15 (31) MURDER INVOLVING THE DESTRUCTION

16 OF VESSEL OR MARITIME FACILITY.—Section 

17 2291(d) of title 18, United States Code, is amended 

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

19 (32) MURDER OF A UNITED STATES NATIONAL

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

21 18, United States Code, is amended by striking 

22 ‘‘death or’’. 

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

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

25 United States Code, is amended— 


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1 (A) in subsection (a), in the matter fol2 lowing paragraph (4), by striking ‘‘, and if 

3 death results shall be punished by death’’ and 

4 all that follows through the end of the sub5 section and inserting a period; and 

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

7 death results shall be punished by death’’ and 

8 all that follows through the end of the sub9 section and inserting a period. 

10 (34) 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 (35) MURDER INVOLVING TORTURE.—Section 

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

17 (36) MURDER INVOLVING A WAR CRIME.—Sec18 tion 2441(a) of title 18, United States Code, is 

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

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

21 (37) MURDER RELATED TO A CONTINUING

22 CRIMINAL ENTERPRISE OR RELATED MURDER OF A

23 FEDERAL, STATE, OR LOCAL LAW ENFORCEMENT

24 OFFICER.—Section 408(e) of the Controlled Sub25 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) IN GENERAL.—Section 856 of title 10 is 

2 amended by inserting before the period at the end 

3 the following: ‘‘, except that the punishment may not 

4 include death’’. 

5 (2) OFFENSES.— 

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

7 10, United States Code (article 81(b) of the 

8 Uniform Code of Military Justice), is amended 

9 by striking ‘‘, if death results’’ and all that fol10 lows through the end and inserting ‘‘as a court11 martial or military commission may direct.’’. 

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

13 10, United States Code (article 85(c)), is 

14 amended by striking ‘‘, if the offense is com15 mitted in time of war’’ and all that follows 

16 through the end and inserting ‘‘as a court-mar17 tial may direct.’’. 

18 (C) ASSAULTING OR WILLFULLY DIS19 OBEYING SUPERIOR COMMISSIONED OFFICER.— 

20 Section 890 of title 10, United States Code (ar21 ticle 90), is amended by striking ‘‘, if the of22 fense is committed in time of war’’ and all that 

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

24 direct.’’. 


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1 (D) MUTINY OR SEDITION.—Section 

2 894(b) of title 10, United States Code (article 

3 94(b)), is amended by striking ‘‘by death or 

4 such other punishment’’. 

5 (E) MISBEHAVIOR BEFORE THE ENEMY.— 

6 Section 899 of title 10, United States Code (ar7 ticle 99), is amended by striking ‘‘by death or 

8 such other punishment’’. 

9 (F) SUBORDINATE COMPELLING SUR10 RENDER.—Section 900 of title 10, United 

11 States Code (article 100), is amended by strik12 ing ‘‘by death or such other punishment’’. 

13 (G) IMPROPER USE OF COUNTERSIGN.— 

14 Section 901 of title 10, United States Code (ar15 ticle 101), is amended by striking ‘‘by death or 

16 such other punishment’’. 

17 (H) FORCING A SAFEGUARD.—Section 902 

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

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

20 follows and inserting ‘‘be punished as a court21 martial may direct.’’. 

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

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

24 amended by striking ‘‘suffer death or such 

25 other punishment as a court-martial or military 


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1 commission may direct’’ and inserting ‘‘be pun2 ished as a court-martial or military commission 

3 may direct’’. 

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

5 States Code (article 106), is amended by strik6 ing ‘‘by death’’ and inserting ‘‘by imprisonment 

7 for life’’. 

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

9 United States Code (article 106a), is amend10 ed— 

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

12 (ii) by redesignating paragraphs (2) 

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

14 and (c), respectively; 

15 (iii) in subsection (a)— 

16 (I) by striking ‘‘(1)’’; 

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

18 and inserting ‘‘subsection (b)’’; 

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

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

21 (IV) by striking ‘‘as a court-mar22 tial may direct,’’ and all that follows 

23 and inserting ‘‘as a court-martial may 

24 direct.’’; 


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1 (iv) in subsection (b), as so redesig2 nated— 

3 (I) by striking ‘‘paragraph (1)’’ 

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

5 (II) by redesignating subpara6 graphs (A), (B), and (C) as para7 graphs (1), (2), and (3), respectively; 

8 and 

9 (v) in subsection (c), as so redesig10 nated, by striking ‘‘paragraph (1)’’ and in11 serting ‘‘subsection (a)’’. 

12 (L) IMPROPER HAZARDING OF VESSEL.— 

13 The text of section 910 of title 10, United 

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

15 as follows: 

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

17 wrongfully, or negligently, hazards or suffers to be haz18 arded any vessel of the Armed Forces shall be punished 

19 as a court-martial may direct.’’. 

20 (M) MISBEHAVIOR OF SENTINEL.—Section 

21 913 of title 10, United States Code (article 

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

23 is committed in time of war’’ and all that fol24 lows and inserting ‘‘as a court-martial may di25 rect.’’. 


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

2 United States Code (article 118), is amended 

3 by striking ‘‘death or imprisonment for life as 

4 a court-martial may direct’’ and inserting ‘‘im5 prisonment for life’’. 

6 (O) DEATH OR INJURY OF AN UNBORN

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

8 States Code, is amended— 

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

10 other than death,’’; and 

11 (ii) by striking paragraph (4). 

12 (P) CRIMES TRIABLE BY MILITARY COM13 MISSION.—Section 950v(b) of title 10, United 

14 States Code, is amended— 

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

16 death or such other punishment’’; 

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

18 death results’’ and all that follows and in19 serting ‘‘as a military commission under 

20 this chapter may direct.’’; 

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

22 death results’’ and all that follows and in23 serting ‘‘as a military commission under 

24 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 (3) 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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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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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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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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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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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 of title 10, United States 

10 Code, is amended by striking ‘‘including the 

11 penalty of death’’ and all that follows and in12 serting ‘‘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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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 

10 approved under section 950b of this title 

11 extends to death, an accused’’ and insert12 ing ‘‘An accused’’; and 

13 (ii) in subsection (c), by striking ‘‘Ex14 cept in a case in which the sentence as ap15 proved under section 950b of this title ex16 tends to death, the accused’’ and inserting 

17 ‘‘The accused’’. 

18 (X) EXECUTION OF SENTENCE BY MILI19 TARY COMMISSIONS.— 

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

21 10, United States Code, is amended— 

22 (I) in the section heading, by 

23 striking ‘‘Execution of sentence; 

24 suspension’’ and inserting ‘‘Sus25 pension’’; 


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1 (II) by striking subsections (b) 

2 and (c); 

3 (III) by redesignating subsection 

4 (d) as subsection (b); and 

5 (IV) in subsection (b), as so re6 designated, by striking ‘‘, except a 

7 sentence of death’’. 

8 (ii) CLERICAL AMENDMENT.—The 

9 table of sections at the beginning of sub10 chapter VI of chapter 47A of title 10, 

11 United States Code, is amended by strik12 ing the item relating to section 950i and 

13 inserting the following new item: 

‘‘950i. Execution of sentence.’’. 

14 (d) CONFORMING AMENDMENTS.— 

15 (1) REPEAL OF CRIMINAL PROCEDURES RELAT16 ING TO IMPOSITION OF DEATH SENTENCE.— 

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

18 18, United States Code, is repealed. 

19 (B) CLERICAL AMENDMENT.—The table of 

20 chapters for part II of title 18, United States 

21 Code, is amended by striking the item relating 

22 to chapter 228. 

23 (2) OTHER PROVISIONS.— 

24 (A) INTERCEPTION OF WIRE, ORAL, OR

25 ELECTRONIC COMMUNICATIONS.—Section 


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

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

3 (B) RELEASE AND DETENTION PENDING

4 JUDICIAL PROCEEDINGS.—Chapter 207 of title 

5 18, United States Code, is amended— 

6 (i) in section 3142(f)(1)(B), by strik7 ing ‘‘or death’’; and 

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

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

10 inserting ‘‘life imprisonment’’. 

11 (C) VENUE IN CAPITAL CASES.—Chapter 

12 221 of title 18, United States Code, is amend13 ed— 

14 (i) by striking section 3235; and 

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

16 the item relating to section 3235. 

17 (D) PERIOD OF LIMITATIONS.— 

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

19 18, United States Code, is amended by 

20 striking section 3281 and inserting the fol21 lowing: 

22 ‘‘§ 3281. Offenses with no period of limitations 

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

24 limitation for the following offenses: 


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

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

3 1324(a)(1)(A)) resulting in the death of any person. 

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

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

6 title. 

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

8 that results in the death of any person. 

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

10 title. 

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

12 247(a) of this title that— 

13 ‘‘(A) results in death; or 

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

15 kidnap, aggravated sexual abuse or an attempt 

16 to commit aggravated sexual abuse, or an at17 tempt to kill. 

18 ‘‘(7) A violation of subsection (b) or (d) of sec19 tion 351 of this title. 

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

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

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

23 any person (including any public safety officer per24 forming duties as a direct or proximate result of 

25 conduct prohibited by such subsection). 


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1 ‘‘(10) An offense punishable under subsection 

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

3 ‘‘(11) An offense punishable under section 

4 1091(b)(1) of this title. 

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

6 that is murder in the first degree. 

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

8 ‘‘(14) A violation of subsection (a) or (b) of sec9 tion 1121 of this title. 

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

11 that results in the death of any person. 

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

13 that results in the death of any person. 

14 ‘‘(17) An offense punishable under section 

15 1512(a)(3) of this title that is murder (as that term 

16 is defined in section 1111 of this title). 

17 ‘‘(18) An offense punishable under section 

18 1716(j)(3) of this title. 

19 ‘‘(19) A violation of subsection (b) or (d) of sec20 tion 1751 of this title. 

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

22 that results in death. 

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

24 that is murder. 


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

2 a violation of paragraph (8), (9) or (10) of such sub3 section) or (b) of section 1992 of this title that re4 sults in the death of any person. 

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

6 that results in death. 

7 ‘‘(24) An offense punishable under section 

8 2119(3) of this title. 

9 ‘‘(25) An offense punishable under section 

10 2245(a) of this title. 

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

12 that results in the death of a person. 

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

14 title that results in the death of any person. 

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

16 title that results in the death of any person. 

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

18 title that causes the death of any person. 

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

20 that causes the death of any person. 

21 ‘‘(31) An offense punishable under section 

22 2291(d) of this title. 

23 ‘‘(32) An offense punishable under section 

24 2332(a)(1) of this title. 


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1 ‘‘(33) A violation of subsection (a) or (b) of sec2 tion 2332a of this title that results in death. 

3 ‘‘(34) An offense punishable under section 

4 2332b(c)(1)(A) of this title. 

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

6 title that results in the death of any person. 

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

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

9 that results in the death of the victim. 

10 ‘‘(38) A violation of section 408(e) of the Con11 trolled Substances Act (21 U.S.C. 848(e)). 

12 ‘‘(39) An offense punishable under subsection 

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

14 (ii) CLERICAL AMENDMENT.—The 

15 table of sections for chapter 213 of title 

16 18, United States Code, is amended by 

17 striking the item relating to section 3281 

18 and inserting the following: 

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

19 SEC. 3. PROHIBITION ON IMPOSITION OF DEATH SEN20 TENCE. 

21 (a) IN GENERAL.—Notwithstanding any other provi22 sion of law, no person may be sentenced to death or put 

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

24 for any violation of Federal law. 


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1 (b) PERSONS SENTENCED BEFORE DATE OF ENACT2 MENT.—Notwithstanding any other provision of law, any 

3 person sentenced to death before the date of enactment 

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

5 a sentence of life imprisonment without the possibility of 

6 parole. 

Æ 


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