maiming, or a conspiracy to commit such a crime of 
violence, be imprisoned any term of years or for life; 
‘‘(3) if the crime of violence is an assault, or a 
conspiracy to assault, that results in serious bodily 
injury (as defined in section 1365), be imprisoned 
not more than 30 years; and 
‘‘(4) in any other case, be imprisoned not more 
than 20 years.’’. 
(b) CLERICAL AMENDMENT.—The item relating to 
section 1958 in the table of sections at the beginning of 
chapter 95 of title 18, United States Code, is amended 
to read as follows: 
‘‘1958. Use of interstate commerce facilities in the commission of murder-for- 
hire and other felony crimes of violence.’’. 
SEC. 107. STATUTE OF LIMITATIONS FOR VIOLENT CRIME. 
(a) IN GENERAL.—Chapter 213 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 3299A. Violent crime offenses 
‘‘No person shall be prosecuted, tried, or punished 
for any noncapital felony crime of violence, including any 
racketeering activity or gang crime which involves any 
crime of violence, unless the indictment is found or the 
information is instituted not later than 10 years after the 
date on which the alleged violation occurred or the con-
tinuing offense was completed.’’. 
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(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 213 of title 18, United States 
Code, is amended by adding at the end the following: 
‘‘3299A. Violent crime offenses.’’. 
SEC. 108. STATUTE OF LIMITATIONS FOR TERRORISM OF-
FENSES. 
Section 3286(a) of title 18, United States Code, is 
amended— 
(1) in the subsection heading, by striking 
‘‘Eight-Year’’ and inserting ‘‘Ten-Year’’; and 
(2) in the first sentence, by striking ‘‘8 years’’ 
and inserting ‘‘10 years’’. 
SEC. 109. CRIMES OF VIOLENCE AND DRUG CRIMES COM-
MITTED BY ILLEGAL ALIENS. 
(a) OFFENSES.—Part 1 of title 18, United States 
Code, is amended by inserting after chapter 51 the fol-
lowing: 
‘‘CHAPTER 52—ILLEGAL ALIENS 
‘‘§ 1131. Enhanced penalties for certain crimes com-
mitted by illegal aliens 
‘‘(a) IN GENERAL.—Whoever, being an alien who is 
present in the United States in violation of section 275 
or 276 of the Immigration and Nationality Act (8 U.S.C. 
1325 and 1326), knowingly commits, conspires, or at-
tempts to commit a felony crime of violence for which im-
prisonment for a period of more than 1 year may be im-
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posed, or a drug trafficking crime (as defined in section 
924(c)), shall be fined under this title, imprisoned not 
more than 20 years, or both. 
‘‘(b) PREVIOUSLY ORDERED REMOVED.—If the de-
fendant in a prosecution under subsection (a) was pre-
viously ordered removed under the Immigration and Na-
tionality Act on the grounds of having committed a crime, 
the defendant shall be fined under this title, imprisoned 
not more than 30 years, or both. 
‘‘(c) RUNNING OF SENTENCE.—A term of imprison-
ment imposed for an offense pursuant to this section may 
not run concurrently with any other sentence of imprison-
ment imposed for another offense.’’. 
(b) CLERICAL AMENDMENT.—The table of chapters 
at the beginning of part I of title 18, United States Code, 
is amended by inserting after the item relating to chapter 
51 the following new item: 
‘‘52. Illegal Aliens ............................................................................... 1131’’. 
Subtitle B—Death Penalty 
Procedures Improvement Act 
SEC. 121. SHORT TITLE. 
This subtitle may be cited as the ‘‘Death Penalty 
Procedures Improvement Act of 2007’’. 
SEC. 122. ELIMINATION OF DEATH PENALTY HEARING DIS-
CREPANCIES. 
(a) TITLE 18 AMENDMENTS.— 
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PWALKER on PROD1PC71 with BILLS
(1) 
REVIEW
OF
SENTENCE.—Section 
3595(b)(4) of title 18, United States Code, is 
amended by striking ‘‘3593(d)’’ and inserting 
‘‘3593(e)’’. 
(2) 
COUNSEL
FOR
INDIGENTS.—Section 
3599(g)(1) of title 18, United States Code, is 
amended by striking ‘‘$125’’ and inserting ‘‘$160’’. 
(b) TITLE 28 AMENDMENTS.—Chapter 153 of title 
28, United States Code, is amended— 
(1) in section 2254(h) by striking ‘‘section 408 
of the Controlled Substances Act’’ and inserting 
‘‘section 3599 of title 18’’; and 
(2) in section 2255 by striking ‘‘section 408 of 
the Controlled Substances Act’’ and inserting ‘‘sec-
tion 3599 of title 18’’. 
SEC. 123. AMENDMENTS RELATING TO SECTION 3593 OF 
TITLE 18. 
Section 3593 of title 18, United States Code, is 
amended— 
(1) in subsection (a)— 
(A) by striking ‘‘, a reasonable time before 
trial or before acceptance by the court of a plea 
of guilty,’’; and 
(B) in the flush text— 
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(i) in the second to last sentence, by 
inserting after ‘‘other relevant informa-
tion’’ the following: ‘‘, including any factor 
concerning the state of mind, intent, or 
other aspect of culpability of the defendant 
in committing the offense.’’; and 
(ii) by inserting at the end the fol-
lowing: ‘‘The notice must be filed a reason-
able time before trial or before acceptance 
by the court of a plea of guilty. The court 
shall, where necessary to ensure adequate 
preparation time for the defense, grant a 
reasonable continuance of the trial. If the 
government has not filed a notice of intent 
to seek the death penalty or informed the 
court that a notice of intent to seek the 
death penalty will not be filed, the court 
shall not accept a plea of guilty to an of-
fense described in section 3591 without the 
concurrence of the government.’’; 
(2) in subsection (b), by inserting at the end of 
the flush text the following: ‘‘The court shall retain 
alternate jurors until the completion of the sen-
tencing hearing, unless the sentencing is before the 
court alone under paragraph (3). The replacement of 
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jurors with alternate jurors during the sentencing 
hearing will be conducted in accordance with Rule 
24 of the Rules of Criminal Procedure.’’; 
(3) in subsection (c)— 
(A) in the fourth sentence, by inserting 
‘‘for which notice has been provided under sub-
section (b)’’ before the period; 
(B) in the fifth sentence, by inserting ‘‘, 
including information pertaining to criminal 
conduct that has not resulted in a conviction’’ 
before the period; 
(C) by inserting after the eighth sentence 
the following: ‘‘The government shall be per-
mitted to cross-examine the defendant regard-
ing any statements or testimony by the defend-
ant to the sentencing jury.’’; 
(D) by inserting after the fourth sentence 
the following: ‘‘If the defendant has raised the 
issue of mental retardation as required under 
subsection (b), the defendant may introduce in-
formation relevant to mental retardation.’’; and 
(E) by inserting at the end the following: 
‘‘The defendant shall have the burden of prov-
ing mental retardation by the preponderance of 
the information.’’; 
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(4) in subsection (d)— 
(A) in the second sentence by inserting 
‘‘determine the truth of the allegations in the 
notice filed under subsection (a) regarding any 
mental state set forth in section 3591(a), and’’ 
after ‘‘It shall’’; 
(B) by inserting after the second sentence 
the following: ‘‘In any case in which the defend-
ant has raised the issue of mental retardation 
as required under subsection (b), the jury, or if 
there is no jury, the court, shall determine the 
issue of mental retardation only if any aggra-
vating factor set forth in section 3592 is found 
to exist. Such determination shall occur prior to 
the consideration of any mitigating factor.’’; 
and 
(C) by inserting at the end the following: 
‘‘If the jury, or if there is no jury, the court, 
determines that the defendant is mentally re-
tarded, the court shall sentence the defendant 
to life imprisonment without the possibility of 
release, or some other lesser sentence author-
ized by law.’’; 
(5) in subsection (e)— 
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(A) by inserting before the last sentence 
the following: ‘‘In assessing the appropriateness 
of a sentence of death, the jury, or if there is 
no jury, the court must base the decision on the 
facts of the offense and the aggravating and 
mitigating factors and avoid any influence of 
passion, prejudice, or other arbitrary factor 
when imposing sentence.’’; 
(B) by striking ‘‘, to life imprisonment 
without the possibility of release or some other 
lesser sentence’’; and 
(C) by inserting at the end the following: 
‘‘The jury’s sentencing recommendation must 
be unanimous. In cases in which the jury unani-
mously rejects a sentence of death but finds at 
least 1 aggravating factor under section 3592 
and the existence of at least 1 intent factor nec-
essary under section 3591 to impose a sentence 
of death, the court shall impose a sentence of 
life without the possibility of release.’’; 
(6) by redesignating subsections (b) through (f) 
as subsections (c) through (g); and 
(7) by adding after subsection (a) the following: 
‘‘(b) NOTICE BY THE DEFENDANT.— 
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‘‘(1) IN GENERAL.—If, as required under sub-
section (a), the government has filed notice seeking 
a sentence of death, the defendant shall, a reason-
able time before the trial, sign and file with the 
court, and serve on the attorney for the government, 
notice setting forth the mitigating factor or factors 
that the defendant proposes to prove mitigate 
against imposition of a sentence of death. In any 
case in which the defendant intends to raise the 
issue of mental retardation as precluding a sentence 
of death, the defendant shall, a reasonable time be-
fore trial, sign and file with the court, and serve on 
the attorney for the government, notice of such in-
tent. 
‘‘(2) MENTAL EXAMINATION.—When a defend-
ant makes a claim of mental retardation or intends 
to rely on evidence of mental impairment, or other 
mental defect or disease as a mitigating factor under 
this section, the government shall have the right to 
an independent mental health examination of the de-
fendant. If the court finds it appropriate, more than 
1 such professional shall perform the examination. 
To facilitate the examination, the court may commit 
the person to be examined for a reasonable period, 
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to the custody of the Attorney General for placement 
in a suitable facility. 
‘‘(3) PREPARATION TIME.—Following the filing 
of a defendant’s notice under this subsection, the 
court shall, where necessary to ensure adequate 
preparation time for the government, grant a rea-
sonable continuance of the trial. 
‘‘(4) DETERMINATION
OF
MENTAL
RETARDA-
TION.—For purposes of this chapter, a defendant is 
mentally retarded if, since some point in time prior 
to age 18, he or she has continuously had an intel-
ligence quotient of 70 or lower and, as a result of 
that significantly subaverage mental functioning, has 
since that point in time continuously had a dimin-
ished capacity to understand and process informa-
tion, abstract from mistakes and learn from experi-
ence, engage in logical reasoning, control impulses, 
and understand others’ reactions.’’. 
SEC. 124. AMENDMENTS RELATING TO SECTION 3592 OF 
TITLE 18. 
Section 3592 of title 18, United States Code, is 
amended— 
(1) in subsection (a), by inserting ‘‘for which 
notice has been provided’’ after ‘‘factor’’; 
(2) in subsection (c)(1)— 
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(A) by inserting ‘‘section 241 (conspiracy 
against rights), section 245 (federally protected 
activities), section 247 (interference with reli-
gious exercise),’’ after ‘‘section 37 (violence at 
international airports),’’; and 
(B) by inserting ‘‘section 1512 (tampering 
with a witness, victim, or an informant), section 
1513 (retaliating against a witness, victim, or 
an informant),’’ after ‘‘section 1203 (hostage 
taking),’’; 
(3) so that paragraph (2) of subsection (c) 
reads as follows: 
‘‘(2) PREVIOUS CONVICTION OF VIOLENT FEL-
ONY INVOLVING FIREARM.—The defendant has pre-
viously been convicted of a Federal or State offense 
punishable by a term of imprisonment of more than 
1 year, involving the use or attempted use or threat-
ened use of a firearm (as defined in section 921) 
against another person.’’; 
(4) in subsection (c)(8)— 
(A) by striking ‘‘or’’; and 
(B) by inserting ‘‘or in order to retain pos-
session’’ before ‘‘of anything’’; 
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