Eric’s Law

Subjects: Crime and Law Enforcement


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3449 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 3449

 To amend title 18, United States Code, to require the impaneling of a 
new jury if a jury fails to recommend by unanimous vote a sentence for 
               conviction of a crime punishable by death.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 17, 2023

     Mr. Thompson of Pennsylvania (for himself and Mr. Cartwright) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend title 18, United States Code, to require the impaneling of a 
new jury if a jury fails to recommend by unanimous vote a sentence for 
               conviction of a crime punishable by death.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as ``Eric's Law''.

SEC. 2. REQUIREMENT TO IMPANEL A NEW JURY IN CERTAIN CASES.

    (a) Additional Ground for Impaneling Jury.--Section 3593(b)(2) of 
title 18, United States Code, is amended--
            (1) by striking ``or'' at the end of subparagraph (C); and
            (2) by adding at the end the following:
                    ``(E) a new special hearing is required pursuant to 
                subsection (g); or''.
    (b) Impaneling of New Jury When Jury Does Not Reach a Unanimous 
Recommendation.--Section 3593 of such title is amended by adding at the 
end the following:
    ``(g) Special Rule for Inmates When Jury Does Not Return a 
Unanimous Recommendation.--
            ``(1) In general.--Subject to paragraph (3), if a jury 
        described in subsection (b)(1) or subparagraphs (A) through (D) 
        of subsection (b)(2) does not, by unanimous vote, make a 
        recommendation whether the defendant should be sentenced to 
        death, life imprisonment without the possibility of release, or 
        some other lesser sentence pursuant to subsection (e), the 
        court, upon motion of the attorney for the government, shall 
        order a new special hearing and impanel a new jury pursuant to 
        subsection (b).
            ``(2) Imposition of sentence.--If the jury impaneled 
        pursuant to paragraph (1) does not reach a unanimous 
        recommendation as to sentence, the court shall impose a 
        sentence other than death authorized by law.
            ``(3) Limitation.--This subsection shall only apply to a 
        defendant who is--
                    ``(A) an inmate serving a life sentence for murder; 
                and
                    ``(B) convicted of another murder while serving 
                such life sentence.''.
                                 &lt;all&gt;
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