Federal Death Penalty Abolition Act of 2013

To abolish the death penalty under Federal law. 1. Short title This Act may be cited as the Federal Death Penalty Abolition Act of 2013 2. Repeal of Federal laws providing for the death penalty (a) Homicide-Related offenses (1) Murder related to the smuggling of aliens Section 274(a)(1)(B)(iv) of the Immigration and Nationality Act 8 U.S.C. 1324(a)(1)(B)(iv) punished by death or (2) Destruction of aircraft, motor vehicles, or related facilities resulting in death Section 34 to the death penalty or (3) Murder committed during a drug-related drive-by shooting Section 36(b)(2)(A) death or (4) Murder committed at an airport serving international civil aviation Section 37(a) punished by death or (5) Murder committed using chemical weapons Section 229A(a)(2) (A) in the paragraph heading, by striking Death penalty Causing death (B) by striking punished by death or (6) Civil rights offenses resulting in death Chapter 13 (A) in section 241, by striking , or may be sentenced to death (B) in section 242, by striking , or may be sentenced to death (C) in section 245(b), by striking , or may be sentenced to death (D) in section 247(d)(1), by striking , or may be sentenced to death (7) Murder of a member of congress, an important executive official, or a supreme court justice Section 351 (A) in subsection (b)— (i) by striking (1) (ii) by striking , or (2) by death (B) in subsection (d)— (i) by striking (1) (ii) by striking , or (2) by death (8) Death resulting from offenses involving transportation of explosives, destruction of government property, or destruction of property related to foreign or interstate commerce Section 844 (A) in subsection (d), by striking or to the death penalty (B) in subsection (f)(3), by striking subject to the death penalty, or (C) in subsection (i), by striking or to the death penalty (D) in subsection (n), by striking (other than the penalty of death) (9) Murder committed by use of a firearm or armor piercing ammunition during commission of a crime of violence or a drug trafficking crime Section 924 (A) in subsection (c)(5)(B)(i), by striking punished by death or (B) in subsection (j)(1), by striking by death or (10) Genocide Section 1091(b)(1) death or (11) First degree murder Section 1111(b) by death or (12) Murder by a Federal prisoner Section 1118 (A) in subsection (a), by striking by death or (B) in subsection (b), in the third undesignated paragraph— (i) by inserting or an indeterminate (ii) by striking , or an unexecuted sentence of death (13) Murder of a State or local law enforcement official or other person aiding in a Federal investigation; murder of a State correctional officer Section 1121 (A) in subsection (a), by striking by sentence of death or (B) in subsection (b)(1), by striking or death (14) Murder during a kidnapping Section 1201(a) death or (15) Murder during a hostage-taking Section 1203(a) death or (16) Murder with the intent of preventing testimony by a witness, victim, or informant Section 1512(a)(2)(A) the death penalty or (17) Mailing of injurious articles with intent to kill or resulting in death Section 1716(j)(3) to the death penalty or (18) Assassination or kidnapping resulting in the death of the president or vice president Section 1751 (A) in subsection (b)— (i) by striking (1) (ii) by striking , or (2) by death (B) in subsection (d)— (i) by striking (1) (ii) by striking , or (2) by death (19) Murder for hire Section 1958(a) death or (20) Murder involved in a racketeering offense Section 1959(a)(1) death or (21) Willful wrecking of a train resulting in death Section 1992 (A) in subsection (a), in the matter following paragraph (10), by striking or subject to death, (B) in subsection (b), in the matter following paragraph (3), by striking , and if the offense resulted in the death of any person, the person may be sentenced to death (22) Bank robbery-related murder or kidnapping Section 2113(e) death or (23) Murder related to a carjacking Section 2119(3) , or sentenced to death (24) Murder related to aggravated child sexual abuse Section 2241(c) unless the death penalty is imposed, (25) Murder related to sexual abuse Section 2245 punished by death or (26) Murder related to sexual exploitation of children Section 2251(e) punished by death or (27) Murder committed during an offense against maritime navigation Section 2280(a)(1) punished by death or (28) Murder committed during an offense against a maritime fixed platform Section 2281(a)(1) punished by death or (29) Murder using devices or dangerous substances in waters of the United States Section 2282A (A) by striking subsection (b); and (B) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively. (30) Murder involving the transportation of explosive, biological, chemical, or radioactive or nuclear materials Section 2283 (A) by striking subsection (b); and (B) by redesignating subsection (c) as subsection (b). (31) Murder involving the destruction of vessel or maritime facility Section 2291(d) to the death penalty or (32) Murder of a United States national in another country Section 2332(a)(1) death or (33) Murder by the use of a weapon of mass destruction Section 2332a (A) in subsection (a), in the matter following paragraph (4), by striking , and if death results shall be punished by death (B) in subsection (b), by striking , and if death results shall be punished by death (34) Murder by Act of terrorism transcending national boundaries Section 2332b(c)(1)(A) by death, or (35) Murder involving torture Section 2340A(a) punished by death or (36) Murder involving a war crime Section 2441(a) , and if death results to the victim, shall also be subject to the penalty of death (37) Murder related to a continuing criminal enterprise or related murder of a Federal, State, or local law enforcement officer Section 408(e) of the Controlled Substances Act 21 U.S.C. 848(e) (A) in the subsection heading, by striking Death penalty Intentional killing (B) in paragraph (1)— (i) subparagraph (A), by striking , or may be sentenced to death (ii) in subparagraph (B), by striking , or may be sentenced to death (38) Death resulting from aircraft hijacking Section 46502 (A) in subsection (a)(2)(B), by striking put to death or (B) in subsection (b)(1)(B), by striking put to death or (b) Non-Homicide related offenses (1) Espionage Section 794(a) punished by death or imprisoned for any term of years or for life (2) Treason Section 2381 shall suffer death, or (c) Title 10 (1) In general Section 856 (2) Offenses (A) Conspiracy Section 881(b) , if death results as a court-martial or military commission may direct. (B) Desertion Section 885(c) , if the offense is committed in time of war as a court-martial may direct. (C) Assaulting or willfully disobeying superior commissioned officer Section 890 , if the offense is committed in time of war as a court-martial may direct. (D) Mutiny or sedition Section 894(b) by death or such other punishment (E) Misbehavior before the enemy Section 899 by death or such other punishment (F) Subordinate compelling surrender Section 900 by death or such other punishment (G) Improper use of countersign Section 901 by death or such other punishment (H) Forcing a safeguard Section 902 suffer death be punished as a court-martial may direct. (I) Aiding the enemy Section 904 suffer death or such other punishment as a court-martial or military commission may direct be punished as a court-martial or military commission may direct (J) Spies Section 906 by death by imprisonment for life (K) Espionage Section 906a (i) by striking subsections (b) and (c); (ii) by redesignating paragraphs (2) and (3) of subsection (a) as subsections (b) and (c), respectively; (iii) in subsection (a)— (I) by striking (1) (II) by striking paragraph (2) subsection (b) (III) by striking paragraph (3) subsection (c) (IV) by striking as a court-martial may direct, as a court-martial may direct. (iv) in subsection (b), as so redesignated— (I) by striking paragraph (1) subsection (a) (II) by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively; and (v) in subsection (c), as so redesignated, by striking paragraph (1) subsection (a) (L) Improper hazarding of vessel The text of section 910 Any person subject to this chapter who willfully and wrongfully, or negligently, hazards or suffers to be hazarded any vessel of the Armed Forces shall be punished as a court-martial may direct. . (M) Misbehavior of sentinel Section 913 , if the offense is committed in time of war as a court-martial may direct. (N) Murder Section 918 death or imprisonment for life as a court-martial may direct imprisonment for life (O) Death or injury of an unborn child Section 919a(a) (i) in paragraph (1), by striking , other than death, (ii) by striking paragraph (4). (P) Crimes triable by military commission Section 950v(b) (i) in paragraph (1), by striking by death or such other punishment (ii) in paragraph (2), by striking , if death results as a military commission under this chapter may direct. (iii) in paragraph (7), by striking , if death results as a military commission under this chapter may direct. (iv) in paragraph (8), by striking , if death results as a military commission under this chapter may direct. (v) in paragraph (9), by striking , if death results as a military commission under this chapter may direct. (vi) in paragraph (11)(A), by striking , if death results as a military commission under this chapter may direct. (vii) in paragraph (12)(A), by striking , if death results as a military commission under this chapter may direct. (viii) in paragraph (13)(A), by striking , if death results as a military commission under this chapter may direct. (ix) in paragraph (14), by striking , if death results as a military commission under this chapter may direct. (x) in paragraph (15), by striking by death or such other punishment (xi) in paragraph (17), by striking , if death results as a military commission under this chapter may direct. (xii) in paragraph (23), by striking , if death results as a military commission under this chapter may direct. (xiii) in paragraph (24), by striking , if death results as a military commission under this chapter may direct. (xiv) in paragraph (27), by striking by death or such other punishment (xv) in paragraph (28), by striking , if death results as a military commission under this chapter may direct. (3) Jurisdictional and procedural matters (A) Dismissed officer's right to trial by court-martial Section 804(a) or death (B) Courts-martial classified Section 816(1)(A) or, in a case in which the accused may be sentenced to a penalty of death (article 25a) (C) Jurisdiction of general courts-martial Section 818 (i) in the first sentence by striking including the penalty of death when specifically authorized by this chapter except death (ii) by striking the third sentence. (D) Jurisdiction of special courts-martial Section 819 for any noncapital offense for any offense made punishable by this chapter. (E) Jurisdiction of summary courts-martial Section 820 noncapital (F) Number of members in capital cases (i) In general Section 825a (ii) Clerical amendment The table of sections at the beginning of subchapter V of chapter 47 (G) Absent and additional members Section 829(b)(2) or, in a case in which the death penalty may be adjudged (H) Statute of limitations Subsection (a) of section 843 (a) (1) A person charged with an offense described in paragraph (2) may be tried and punished at any time without limitation. (2) An offense described in this paragraph is any offense as follows: (A) Absence without leave or missing movement in time of war. (B) Murder. (C) Rape. (D) A violation of section 881 of this title (article 81) that results in death to one or more of the victims. (E) Desertion or attempt to desert in time of war. (F) A violation of section 890 of this title (article 90) committed in time of war. (G) Attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or sedition. (H) A violation of section 899 of this title (article 99). (I) A violation of section 900 of this title (article 100). (J) A violation of section 901 of this title (article 101). (K) A violation of section 902 of this title (article 102). (L) A violation of section 904 of this title (article 104). (M) A violation of section 906 of this title (article 106). (N) A violation of section 906a of this title (article 106a). (O) A violation of section 910 of this title (article 110) in which the person subject to this chapter willfully and wrongfully hazarded or suffered to be hazarded any vessel of the Armed Forces. (P) A violation of section 913 of this title (article 113) committed in time of war. . (I) Pleas of accused Section 845(b) (i) by striking the first sentence; and (ii) by striking With respect to any other charge With respect to any charge (J) Depositions Section 849 (i) in subsection (d), by striking in any case not capital (ii) by striking subsections (e) and (f). (K) Admissibility of records of courts of inquiry Section 850 (i) in subsection (a), by striking not capital and (ii) in subsection (b), by striking capital cases or (L) Number of votes required for conviction and sentencing by court-martial Section 852 (i) in subsection (a)— (I) by striking paragraph (1); (II) by redesignating paragraph (2) as subsection (a); and (III) by striking any other offense any offense (ii) in subsection (b)— (I) by striking paragraph (1); and (II) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively. (M) Record of trial Section 854(c)(1)(A) death, (N) Forfeiture of pay and allowances during confinement Section 858b(a)(2)(A) or death (O) Waiver or withdrawal of appeal Section 861 (i) in subsection (a), by striking except a case in which the sentence as approved under section 860(c) of this title (article 60(c)) includes death, (ii) in subsection (b), by striking Except in a case in which the sentence as approved under section 860(c) of this title (article 60(c)) includes death, the accused The accused (P) Review by Court of Criminal Appeals Section 866(b) (i) in the matter preceding paragraph (1), by inserting in which court-martial (ii) in paragraph (1), by striking in which the sentence, as approved, extends to death, the sentence, as approved, extends to (iii) in paragraph (2), by striking except in the case of a sentence extending to death, (Q) Review by Court of Appeals for the Armed Forces Section 867(a) (i) by striking paragraph (1); and (ii) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively. (R) Execution of sentence Section 871 (i) by striking subsection (a); (ii) by redesignating subsection (b) as subsection (a); (iii) by striking subsection (c) and inserting the following: (b) (1) If a sentence extends to dismissal or a dishonorable or bad conduct discharge and if the right of the accused to appellate review is not waived, and an appeal is not withdrawn, under section 861 of this title (article 61), that part of the sentence extending to dismissal or a dishonorable or bad conduct discharge may not be executed until there is a final judgment as to the legality of the proceedings (and with respect to dismissal, approval under subsection (a)). A judgment as to legality of the proceedings is final in such cases when review is completed by a Court of Criminal Appeals and— (A) the time for the accused to file a petition for review by the Court of Appeals for the Armed Forces has expired and the accused has not filed a timely petition for such review and the case is not otherwise under review by that Court; (B) such a petition is rejected by the Court of Appeals for the Armed Forces; or (C) review is completed in accordance with the judgment of the Court of Appeals for the Armed Forces and— (i) a petition for a writ of certiorari is not filed within the time limits prescribed by the Supreme Court; (ii) such a petition is rejected by the Supreme Court; or (iii) review is otherwise completed in accordance with the judgment of the Supreme Court. (2) If a sentence extends to dismissal or a dishonorable or bad conduct discharge and if the right of the accused to appellate review is waived, or an appeal is withdrawn, under section 861 of this title (article 61), that part of the sentence extending to dismissal or a bad conduct or dishonorable discharge may not be executed until review of the case by a judge advocate (and any action on that review) under section 864 of this title (article 64) is completed. Any other part of a court-martial sentence may be ordered executed by the convening authority or other person acting on the case under section 860 of this title (article 60) when approved by him under that section. ; (iv) by redesignating subsection (d) as subsection (c); and (v) in subsection (c), as so redesignated, by striking , except a sentence of death (S) General article Section 934 crimes and offenses not capital crimes and offenses (T) Jurisdiction of military commissions Section 948d including the penalty of death except death. (U) Number of members of military commissions Subsection (a) of section 948m (a) Number of members A military commission under this chapter shall have at least 5 members. . (V) Number of votes required for sentencing by military commission Section 949m (i) in subsection (b)— (I) by striking paragraph (1); and (II) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively; and (ii) by striking subsection (c). (W) Appellate referral for military commissions Section 950c (i) in subsection (b)(1), by striking Except a case in which the sentence as approved under section 950b of this title extends to death, an accused An accused (ii) in subsection (c), by striking Except in a case in which the sentence as approved under section 950b of this title extends to death, the accused The accused (X) Execution of sentence by military commissions (i) In general Section 950i (I) in the section heading, by striking Execution of sentence; suspension Suspension (II) by striking subsections (b) and (c); (III) by redesignating subsection (d) as subsection (b); and (IV) in subsection (b), as so redesignated, by striking , except a sentence of death (ii) Clerical amendment The table of sections at the beginning of subchapter VI of chapter 47A 950i. Execution of sentence. . (d) Conforming amendments (1) Repeal of criminal procedures relating to imposition of death sentence (A) In general Chapter 228 (B) Clerical amendment The table of chapters for part II of title 18, United States Code, is amended by striking the item relating to chapter 228. (2) Other provisions (A) Interception of wire, oral, or electronic communications Section 2516(1)(a) by death or (B) Release and detention pending judicial proceedings Chapter 207 (i) in section 3142(f)(1)(B), by striking or death (ii) in section 3146(b)(1)(A)(i), by striking death, life imprisonment, life imprisonment (C) Venue in capital cases Chapter 221 (i) by striking section 3235; and (ii) in the table of sections, by striking the item relating to section 3235. (D) Period of limitations (i) In general Chapter 213 3281. Offenses with no period of limitations An indictment may be found at any time without limitation for the following offenses: (1) A violation of section 274(a)(1)(A) of the Immigration and Nationality Act 8 U.S.C. 1324(a)(1)(A) (2) A violation of section 34 of this title. (3) A violation of section 36(b)(2)(A) of this title. (4) A violation of section 37(a) of this title that results in the death of any person. (5) A violation of section 229A(a)(2) of this title. (6) A violation of section 241, 242, 245(b), or 247(a) of this title that— (A) results in death; or (B) involved kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill. (7) A violation of subsection (b) or (d) of section 351 of this title. (8) A violation of section 794(a) of this title. (9) A violation of subsection (d), (f), or (i) of section 844 of this title that results in the death of any person (including any public safety officer performing duties as a direct or proximate result of conduct prohibited by such subsection). (10) An offense punishable under subsection (c)(5)(B)(i) or (j)(1) of section 924 of this title. (11) An offense punishable under section 1091(b)(1) of this title. (12) A violation of section 1111 of this title that is murder in the first degree. (13) A violation of section 1118 of this title. (14) A violation of subsection (a) or (b) of section 1121 of this title. (15) A violation of section 1201(a) of this title that results in the death of any person. (16) A violation of section 1203(a) of this title that results in the death of any person. (17) An offense punishable under section 1512(a)(3) of this title that is murder (as that term is defined in section 1111 of this title). (18) An offense punishable under section 1716(j)(3) of this title. (19) A violation of subsection (b) or (d) of section 1751 of this title. (20) A violation of section 1958(a) of this title that results in death. (21) A violation of section 1959(a) of this title that is murder. (22) A violation of subsection (a) (except for a violation of paragraph (8), (9) or (10) of such subsection) or (b) of section 1992 of this title that results in the death of any person. (23) A violation of section 2113(e) of this title that results in death. (24) An offense punishable under section 2119(3) of this title. (25) An offense punishable under section 2245(a) of this title. (26) An violation of section 2251 of this title that results in the death of a person. (27) A violation of section 2280(a)(1) of this title that results in the death of any person. (28) A violation of section 2281(a)(1) of this title that results in the death of any person. (29) A violation of section 2282A(a) of this title that causes the death of any person. (30) A violation of section 2283(a) of this title that causes the death of any person. (31) An offense punishable under section 2291(d) of this title. (32) An offense punishable under section 2332(a)(1) of this title. (33) A violation of subsection (a) or (b) of section 2332a of this title that results in death. (34) An offense punishable under section 2332b(c)(1)(A) of this title. (35) A violation of section 2340A(a) of this title that results in the death of any person. (36) A violation of section 2381 of this title. (37) A violation of section 2441(a) of this title that results in the death of the victim. (38) A violation of section 408(e) of the Controlled Substances Act 21 U.S.C. 848(e) (39) An offense punishable under subsection (a)(2)(B) or (b)(1)(B) of section 46502 . (ii) Clerical amendment The table of sections for chapter 213 3281. Offenses with no period of limitations. . 3. Prohibition on imposition of death sentence (a) In general Notwithstanding any other provision of law, no person may be sentenced to death or put to death on or after the date of enactment of this Act for any violation of Federal law. (b) Persons sentenced before date of enactment Notwithstanding any other provision of law, any person sentenced to death before the date of enactment of this Act for any violation of Federal law shall serve a sentence of life imprisonment without the possibility of parole.

Summary: Federal Death Penalty Abolition Act of 2013 - Repeals death penalty provisions for a wide range of homicide-related offenses under the Immigration and Nationality Act, the federal criminal code, the Controlled Substances Act, and other statutes relating to aircraft hijacking, espionage and treason, and offenses punished under the Uniform Code of Military Justice. Prohibits the sentencing to death or execution of any person for any violation of federal law after the enactment of this Act. Commutes death penalties imposed prior to the enactment of this Act to life imprisonment without the possibility of parole.