I
103D CONGRESS
1ST SESSION
H. R. 3037
To provide the penalty of death for certain killings of Federal law enforcement
officers.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 9, 1993
Mr. GALLEGLY introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To provide the penalty of death for certain killings of Federal
law enforcement officers.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Law Enforcement Offi-
cers Death Penalty Act of 1993’’.
SEC. 2. ESTABLISHMENT OF DEATH PENALTY FOR KILLING
FEDERAL LAW ENFORCEMENT OFFICERS.
Section 1114 of title 18, United States Code, is
amended—
(1) by inserting after ‘‘except that any such
person’’ the following: ‘‘who is found guilty of first
degree murder shall also be subject to the penalty of
death in accordance with chapter 228 of this title
and any such person’’; and
(2) by adding at the end ‘‘Whoever kills a State
or local law enforcement officer, while such officer is
in the course of duty assisting a Federal law en-
forcement officer whose killing is a violation of this
section, shall be subject to the same punishment as
is provided under this section for the killing of such
Federal law enforcement officer in the same cir-
cumstances.’’.
SEC. 3. DEATH PENALTY PROCEDURES.
(a) IN GENERAL.—Title 18 of the United States
Code is amended by inserting after chapter 227 the follow-
ing:
‘‘CHAPTER 228—DEATH PENALTY PROCEDURES
‘‘Sec.
‘‘3591. Sentence of death.
‘‘3592. Factors to be considered in determining whether a sentence of death is
justified.
‘‘3593. Special hearing to determine whether a sentence of death is justified.
‘‘3594. Imposition of a sentence of death.
‘‘3595. Review of a sentence of death.
‘‘3596. Implementation of a sentence of death.
‘‘3597. Use of State facilities.
‘‘§ 3591. Sentence of death
‘‘A defendant who commits an offense under section
1114 of this title for which the death penalty may be im-
posed shall be sentenced to death if, after consideration
of the factors set forth in section 3592 of this title in the
course of a hearing held pursuant to section 3593 of this
title, it is determined that imposition of a sentence of
death is justified. However, no person may be sentenced
to death who was less than 18 years of age at the time
of the offense.
‘‘§ 3592. Factors to be considered in determining
whether a sentence of death is justified
‘‘(a) MITIGATING FACTORS.—In determining wheth-
er a sentence of death is justified for any offense, the jury,
or if there is no jury, the court, shall consider each of
the following mitigating factors and determine which, if
any, exist:
‘‘(1) MENTAL
CAPACITY.—The defendant’s
mental capacity was significantly impaired, although
the impairment was not such as to constitute a de-
fense to prosecution.
‘‘(2) DURESS.—The defendant was under un-
usual and substantial duress, although not such du-
ress as would constitute a defense to prosecution.
‘‘(3) PARTICIPATION IN OFFENSE MINOR.—The
defendant was an accomplice whose participation in
the offense was relatively minor.
The jury, or if there is no jury, the court, shall consider
whether any other mitigating factor exists.
‘‘(b) 
AGGRAVATING
FACTORS.—In 
determining
whether a sentence of death is justified the jury, or if there
is no jury, the court, shall consider each of the following
aggravating factors and determine which, if any, exist:
‘‘(1) PREVIOUS CONVICTION OF OFFENSE FOR
WHICH A SENTENCE OF DEATH OR LIFE IMPRISON-
MENT WAS AUTHORIZED.—The defendant has pre-
viously been convicted of another Federal or State
offense resulting in the death of a person, for which
a sentence of life imprisonment or death was author-
ized by statute.
‘‘(2) PREVIOUS CONVICTION OF OTHER SERI-
OUS OFFENSES.—The defendant has previously been
convicted of two or more Federal or State offenses,
each punishable by a term of imprisonment of more
than one year, committed on different occasions, in-
volving controlled substances or the infliction of, or
attempted infliction of, serious bodily injury or death
upon another person.
‘‘(3) GRAVE RISK OF DEATH TO ADDITIONAL
PERSONS.—The defendant, in the commission of the
offense, knowingly created a grave risk of death to
one or more persons in addition to the victim of the
offense.
‘‘(4) HEINOUS, CRUEL, OR DEPRAVED MANNER
OF COMMISSION.—The defendant committed the of-
fense in an especially heinous, cruel, or depraved
manner.
‘‘(5) PROCUREMENT OF THE OFFENSE BY PAY-
MENT.—The defendant procured the commission of
the offense by payment, or promise of payment, of
anything of pecuniary value.
‘‘(6) COMMISSION OF THE OFFENSE FOR PAY-
MENT.—The defendant committed the offense as
consideration for the receipt, or in the expectation of
the receipt, of anything of pecuniary value.
‘‘(7) 
SUBSTANTIAL
PLANNING
AND
PREMEDITATION.—The defendant committed the of-
fense after substantial planning and premeditation.
‘‘(8) VULNERABILITY OF VICTIM.—The victim
was particularly vulnerable due to old age, youth, or
infirmity.
The jury, or if there is no jury, the court, may consider
whether any other aggravating factor exists.
‘‘§ 3593. Special hearing to determine whether a sen-
tence of death is justified
‘‘(a) NOTICE BY THE GOVERNMENT.—If, in a case
involving an offense described in section 3591 of this title,
the attorney for the Government believes that the cir-
cumstances of the offense are such that a sentence of
death is justified under this chapter, such attorney shall,
a reasonable time before the trial, or before acceptance
by the court of a plea of guilty, or at such time thereafter
as the court may permit upon a showing of good cause,
sign and file with the court, and serve on the defendant,
a notice—
‘‘(1) stating that the Government believes that
the circumstances of the offense are such that, if the
defendant is convicted, a sentence of death is justi-
fied under this chapter; and
‘‘(2) setting forth the aggravating factor or fac-
tors, including a factor or factors not specifically
enumerated in section 3592, that the Government, if
the defendant is convicted, proposes to prove as jus-
tifying a sentence of death.
The court may permit the attorney for the Government
to amend the notice upon a showing of good cause.
‘‘(b) HEARING BEFORE A COURT OR JURY.—If the
attorney for the Government has filed a notice as required
under subsection (a) of this section and the defendant is
found guilty of an offense described in section 3591 of
this title, the judge who presided at the trial or before
whom the guilty plea was entered, or another judge if that
judge is unavailable, shall conduct a separate sentencing
hearing to determine the punishment to be imposed. Be-
fore such a hearing, no presentence report shall be pre-
pared by the United States Probation Service, notwith-
standing the provisions of the Federal Rules of Criminal
Procedure. The hearing shall be conducted—
‘‘(1) before the jury that determined the de-
fendant’s guilt;
‘‘(2) before a jury impaneled for the purpose of
the hearing if—
‘‘(A) the defendant was convicted upon a
plea of guilty;
‘‘(B) the defendant was convicted after a
trial before the court sitting without a jury;
‘‘(C) the jury that determined the defend-
ant’s guilt was discharged for good cause; or
‘‘(D) after initial imposition of a sentence
under this section, reconsideration of the sen-
tence under the section is necessary; or
‘‘(3) before the court alone, upon motion of the
defendant and with the approval of the attorney for
the Government.
A jury impaneled pursuant to paragraph (2) shall consist
of 12 members, unless, at any time before the conclusion
of the hearing, the parties stipulate, with the approval of
the court, that it shall consist of a lesser number.
‘‘(c) PROOF OF MITIGATING AND AGGRAVATING FAC-
TORS.—At the hearing, information may be presented as
to any matter relevant to the sentence, including any miti-
gating or aggravating factor permitted or required to be
considered under section 3592 of this title. Information
presented may include the trial transcript and exhibits if
the hearing is held before a jury or judge not present dur-
ing the trial. Any other information relevant to a mitigat-
ing or aggravating factor may be presented by either the
attorney for the Government or the defendant, regardless
of its admissibility under the rules governing admission
of evidence at criminal trials, except that information may
be excluded if its probative value is outweighed by the dan-
ger of creating unfair prejudice, confusing the issues, or
misleading the jury. The attorney for the Government and
for the defendant shall be permitted to rebut any informa-
tion received at the hearing, and shall be given fair oppor-
tunity to present argument as to the adequacy of the in-
formation to establish the existence of any aggravating or
mitigating factor, and as to the appropriateness of impos-
ing a sentence of death in the case. The attorney for the
Government shall open the argument. The defendant shall
be permitted to reply. The attorney for the Government
shall then be permitted to reply in rebuttal. The burden
of establishing the existence of an aggravating factor is
on the Government, and is not satisfied unless the exist-
ence of such a factor is established beyond a reasonable
doubt. The burden of establishing the existence of any
mitigating factor is on the defendant, and is not satisfied
unless the existence of such a factor is established by a
preponderance of the information.
‘‘(d) RETURN OF SPECIAL FINDINGS.—The jury, or
if there is no jury, the court, shall consider all the informa-
tion received during the hearing. It shall return special
findings with respect to the mitigating and aggravating
factors concerning which information is received at the
hearing, stating—
‘‘(1) whether some mitigating factor required to
be considered under section 3592 exists;
‘‘(2) whether some aggravating factor required
to be considered under section 3592 exists; and
‘‘(3) which specific mitigating or aggravating
factor or factors exist.
A finding under paragraph (1) or (2) that some mitigating
or aggravating factor exists must be unanimous. A finding
under paragraph (3) that a specific mitigating or aggra-
vating factor exists may be made by a majority of at least
nine members of the jury.
‘‘(e) RETURN OF A FINDING CONCERNING A SEN-
TENCE OF DEATH.—If, in the case of an offense described
in section 3591, an aggravating factor required to be con-
sidered under section 3592 is found to exist, the jury, or
if there is no jury, the court, shall then consider whether
the aggravating factor or factors found to exist sufficiently
outweigh all the mitigating factors found to exist to justify
a sentence of death, or, in the absence of a mitigating fac-
tor, whether the aggravating factor or factors alone are
sufficient to justify a sentence of death. Based upon this
consideration, the jury by unanimous vote, or if there is
no jury, the court, shall return a finding as to whether
a sentence of death is justified. The jury or the court, re-
gardless of its findings with respect to aggravating and
mitigating factors, is never required to impose a death
sentence and the jury shall be so instructed.
‘‘(f) SPECIAL PRECAUTION TO ASSURE AGAINST DIS-
CRIMINATION.—In a hearing held before a jury, the court,
before the return of a finding under subsection (e) of this
section, shall instruct the jury that, in considering whether
a sentence of death is justified, it shall not consider the
race, color, national origin, creed, or sex of the defendant
or of any victim. The jury, upon return of a finding under
subsection (e) of this section, shall also return to the court
a certificate, signed by each juror, that consideration of
the race, color, national origin, creed, or sex of the defend-
ant or any victim was not involved in reaching the juror’s
individual decision.
‘‘§ 3594. Imposition of a sentence of death
‘‘Upon a finding under section 3593(e) of this title
that a sentence of death is justified, the court shall sen-
tence the defendant to death. Upon finding under section
3593(e) of this title that no aggravating factor required
to be found exists or that a sentence of death is not justi-
fied, the court shall impose any sentence other than death
that is authorized by law.
‘‘§ 3595. Review of a sentence of death
‘‘(a) APPEAL.—In a case in which a sentence of death
is imposed, the sentence shall be subject to review by the
court of appeals upon appeal by the defendant. Notice of
appeal must be filed within the time specified for the filing
of a notice of appeal. An appeal under this section may
be consolidated with an appeal of the judgment of convic-
tion and shall have priority over all other cases.
‘‘(b) REVIEW.—The court of appeals shall review the
entire record in the case, including—
‘‘(1) the evidence submitted during the trial;
‘‘(2) the information submitted during the sen-
tencing hearing;
‘‘(3) the procedure employed in the sentencing
hearing; and
‘‘(4) the special findings returned under section
3593(d) of this title.
‘‘(c) DECISION AND DISPOSITION.—
‘‘(1) If the court of appeals determines that—
‘‘(A) the sentence of death was not im-
posed under the influence of passion, prejudice,
or any other arbitrary factor; and
‘‘(B) the information supports the special
findings of the existence of an aggravating fac-
tor or factors;
it shall affirm the sentence.
‘‘(2) In any other case, the court of appeals
shall remand the case for reconsideration under sec-
tion 3593 or for imposition of another authorized
sentence as appropriate.
‘‘(3) The court of appeals shall state in writing
the reasons for its disposition of an appeal of sen-
tence of death under this section.
‘‘§ 3596. Implementation of sentence of death
‘‘A person who has been sentenced to death pursuant
to this chapter shall be committed to the custody of the
Attorney General until exhaustion of the procedures for
appeal of the judgment of conviction and for review of the
sentence. When the sentence is to be implemented, the At-
torney General shall release the person sentenced to death
to the custody of a United States marshal, who shall su-
pervise implementation of the sentence in the manner pre-
scribed by law of the State in which the sentence is im-
posed. If the law of such State does not provide for imple-
mentation of a sentence of death, the court shall designate
another State, the law of which does so provide, and the
sentence shall be implemented in the manner prescribed
by such law. A sentence of death shall not be carried out
upon a person who lacks the mental capacity to under-
stand the death penalty and why it was imposed on that
person, or upon a woman while she is pregnant.
‘‘§ 3597. Use of State facilities
‘‘A United States marshal charged with supervising
the implementation of a sentence of death may use appro-
priate State or local facilities for the purpose, may use
the services of an appropriate State or local official or of
a person such as an official employed for the purpose, and
shall pay the costs thereof in the amount approved by the
Attorney General.’’.
(b) CLERICAL AMENDMENT TO CHAPTER ANALY-
SIS.—Title 18, United States Code, is amended in the
chapter analysis of part II, by adding the following new
item after the item relating to chapter 227:
‘‘228. Death penalty procedures ................................................... 3591’’.
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