set forth in section 3599 (2) through (10) is found to
exist, a special finding identifying any other aggravating
factor may be returned. A finding of such a factor by a
jury shall be made by unanimous vote. If, in the case of
an offense of treason or espionage, no aggravating factor
set forth in section 3598 is found to exist, or, in the case
of any other offense, an aggravating factor set forth in
section 3599(1) is not found to exist or an aggravating
factor set forth in section 3599(1) is found to exist but
no other aggravating factor set forth in section 3599 is
found to exist, the court shall impose a sentence, other
than death, authorized by law. If, in the case of an offense
of espionage or treason, one or more of the aggravating
factors set forth in section 3598 is found to exist, or, in
the case of any other offense, an aggravating factor set
forth in section 3599(1) and one or more of the other ag-
gravating factors set forth in section 3599 are 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 any mitigating factor or fac-
tors found to exist, or in the absence of mitigating factors,
whether the aggravating factors are themselves sufficient
to justify a sentence of death. Based upon this consider-
ation, 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.
‘‘§ 3596. Imposition of sentence
‘‘Upon a finding that a sentence of death is justified,
the court shall sentence the defendant to death. Otherwise
the court shall impose a sentence, other than death, au-
thorized by law. In no event shall a sentence of death be
carried out on a pregnant woman.
‘‘§ 3597. Mitigating factors
‘‘In determining whether a sentence of death is to be
imposed on a defendant, the following mitigating factors
shall be considered but are not exclusive:
‘‘(1) the defendant was less than eighteen years
of age at the time of the crime;
‘‘(2) the defendant’s capacity to appreciate the
wrongfulness of his conduct or to conform his con-
duct to the requirements of law was significantly im-
paired, but not so impaired as to constitute a de-
fense to the charge;
‘‘(3) the defendant was under unusual and sub-
stantial duress, although not such duress as con-
stitutes a defense to the charge;
‘‘(4) the defendant is punishable as a principal
(as defined in section 2(a) of this title) in the of-
fense, which was committed by another, but his par-
ticipation was relatively minor, although not so
minor as to constitute a defense to the charge;
‘‘(5) the defendant could not reasonably have
foreseen that his conduct in the course of the com-
mission of murder, or other offense resulting in
death for which he was convicted, would cause, or
would create a grave risk of causing, death to any
person.
‘‘§ 3598. Aggravating factors for treason and espio-
nage
‘‘If the defendant is found guilty of or pleads guilty
to an offense under section 794 or section 2381 of this
title, the following aggravating factors shall be considered
but are not exclusive:
‘‘(1) the defendant has been convicted of an-
other offense involving espionage or treason for
which either a sentence of life imprisonment or
death was authorized by statute;
‘‘(2) in the commission of the offense the de-
fendant knowingly created a grave risk of substan-
tial danger to the national security;
‘‘(3) in the commission of the offense the de-
fendant knowingly created a grave risk of death to
another person.
‘‘§ 3599. Aggravating factors for homicide
‘‘If the defendant is found guilty of or pleads guilty
to any other offense for which one of the sentences pro-
vided is death, the following aggravating factors shall be
considered but are not exclusive:
‘‘(1) the defendant—
‘‘(A) intentionally killed the victim;
‘‘(B) intentionally inflicted serious bodily
injury which resulted in the death of the victim;
‘‘(C) intentionally participated in an act
which he knew or reasonably should have
known would create a grave risk of death to a
person, other than one of the participants in
the offense, and the victim did die as a direct
result of the act; or
‘‘(D) attempted to kill the President of the
United States under the circumstances provided
in section 1751(c) of this title;
‘‘(2) the death or injury resulting in death oc-
curred during the commission or attempted commis-
sion of, or during the immediate flight from the
commission or attempted commission of, an offense
under section 751 (prisoners in custody of institu-
tion or officer), section 794 (gathering or delivering
defense information to aid foreign government), sec-
tion 844(d) (transportation of explosives in inter-
state commerce for certain purposes), section 844(f)
(destruction of Government property by explosives),
section 844(i) (destruction of property in interstate
commerce by explosives), section 1201 (kidnaping),
or section 2381 (treason) of this title, or section 902
(i) or (n) of the Federal Aviation Act of 1958, as
amended (49 U.S.C. 1472 (i), (n)) (aircraft piracy);
‘‘(3) the defendant has been convicted of an-
other Federal offense, or a State offense resulting in
the death of a person, for which a sentence of life
imprisonment or a sentence of death was authorized
by statute;
‘‘(4) the defendant has previously been con-
victed of two or more State or Federal offenses pun-
ishable by a term of imprisonment of more than one
year, committed on different occasions, involving the
infliction of, or attempted infliction of, serious bodily
injury upon another person;
‘‘(5) in the commission of the offense the de-
fendant knowingly created a grave risk of death to
one or more persons in addition to the victim of the
offense;
‘‘(6) the defendant committed the offense in an
especially heinous, cruel, or depraved manner;
‘‘(7) the defendant procured the commission of
the offense by payment, or promise of payment, of
anything of pecuniary value;
‘‘(8) the defendant committed the offense as
consideration for the receipt, or in the expectation of
the receipt, of anything of pecuniary value;
‘‘(9) the defendant committed the offense after
substantial planning and premeditation to cause the
death of a person or commit an act of terrorism;
‘‘(10) the defendant committed the offense
against—
‘‘(A) the President of the United States,
the President-elect, the Vice President, the Vice
President-elect, the Vice President-designate,
or, if there is no Vice President, the officer next
in order of succession to the office of the Presi-
dent of the United States, or any person who
is acting as President under the Constitution
and laws of the United States;
‘‘(B) a chief of state, head of government,
or the political equivalent, of a foreign nation;
‘‘(C) a foreign official listed in section
1116(b)(3)(A) of this title, if he is in the Unit-
ed States because of his official duties; or
may impose a sentence of life imprisonment without the
possibility of parole.’’.
SEC. 2. CONFORMING AMENDMENTS.
(a) DEATH RESULTING FROM CERTAIN AIRCRAFT
DESTRUCTION OFFENSES.—Section 34 of title 18 of the
United States Code is amended by changing the comma
after the words ‘‘imprisonment for life’’ to a period and
deleting the remainder of the section.
(b) ESPIONAGE.—Section 794(a) of title 18 of the
United States Code is amended by striking out the period
at the end of the section and inserting in lieu thereof the
following: ‘‘, except that the sentence of death shall not
be imposed unless the jury or, if there is no jury, the
court, further finds that the offense directly concerned nu-
clear weaponry, military spacecraft or satellites, early
warning systems, or other means of defense or retaliation
against large-scale attack; war plans; communications in-
telligence or cryptographic information; or any other
major weapons system or major element of defense strat-
egy.’’.
(c) EXPLOSIVES.—(1) Section 844(d) of title 18 of
the United States Code is amended by striking out ‘‘as
provided in section 34 of this title’’.
(2) Section 844(f) of title 18 of the United States
Code is amended by striking out ‘‘as provided in section
34 of this title’’.
(3) Section 844(i) of title 18 of the United States
Code is amended by striking out ‘‘as provided in section
34 of this title’’.
(d) HOMICIDE.—(1) The second paragraph of section
1111(b) of title 18 of the United States Code is amended
to read as follows: ‘‘Whoever is guilty of murder in the
first degree shall be punished by death or by imprisonment
for life.’’.
(2) Section 1116(a) of title 18 of the United States
Code is amended by striking the words ‘‘any such person
who is found guilty of murder in the first degree shall be
sentenced to imprisonment for life, and’’.
(3) Chapter 51 of title 18 of the United States Code
is amended—
(A) by adding at the end the following:
‘‘§ 1118. Murder by a Federal prisoner
‘‘(a) Whoever, while under a sentence for a term of
life imprisonment with respect to which time remains to
be served in prison under applicable law, commits murder
in the first degree (as defined in section 1111 of this title)
shall be punished by death or by life imprisonment without
the possibility of parole.
‘‘(b) As used in the section, the term ‘term of life
imprisonment’ means a sentence for a term of natural life,
a sentence commuted to natural life, an indeterminate
term of a minimum of at least fifteen years and a maxi-
mum of life, or an unexecuted sentence of death.’’; and
(B) in the table of sections at the beginning of
such chapter, by adding at the end the following new
item:
‘‘1118. Murder by a Federal prisoner.’’.
(e) KIDNAPPINGS.—Section 1201(a) of title 18 of the
United States Code is amended by inserting after ‘‘or for
life’’ the following: ‘‘and, if the death of any person re-
sults, shall be punished by death or life imprisonment’’.
(f) DEATH RESULTING FROM NONMAILABLE ARTI-
CLES.—The last paragraph of section 1716 of title 18 of
the United States Code is amended by striking out ‘‘, if
the jury shall in its discretion’’ and all that follows
through the end of such section.
(g) ATTEMPTED PRESIDENTIAL KILLING OR KID-
NAPPING.—Subsection (c) of section 1751 of title 18 of
the United States Code is amended to read as follows:
‘‘(c) Whoever attempts to kill or kidnap any individ-
ual designated in subsection (a) of this section shall be
punished (1) by imprisonment for any term of years or
for life, or (2) by death or imprisonment for any term of
years or for life, if the conduct constitutes an attempt to
kill the President of the United States and results in bod-
ily injury to the President or otherwise comes dangerously
close to causing the death of the President.’’.
(h) WRECKING TRAINS.—The second to the last
paragraph of section 1992 of title 18 of the United States
Code is amended by striking out ‘‘, if the jury in its discre-
tion’’ and all that follows through the end of such para-
graph.
(i) BANK ROBBERY AND INCIDENTAL CRIMES.—Sec-
tion 2113(e) of title 18 of the United States Code is
amended by striking out ‘‘or punished by death if the ver-
dict of the jury shall so direct’’ and inserting in lieu there-
of the words ‘‘or if death results shall be punished by
death or life imprisonment’’.
(j) AIRCRAFT HIJACKINGS.—Section 903 of the Fed-
eral Aviation Act of 1958, as amended (49 U.S.C. 1473),
is amended by striking out subsection (c).
(k) TABLE OF CHAPTERS.—The table of chapters at
the beginning of part II of title 18 of the United States
Code is amended by inserting after the item relating to
chapter 227 the following new item:
‘‘228. Sentencing for capital offenses ......................................... 3591’’.
SEC. 3. APPEAL FROM SENTENCE OF DEATH.
(a) IN GENERAL.—Chapter 235 of title 18 of the
United States Code is amended by adding at the end the
following new section:
‘‘§ 3743. Appeal from sentence of death
‘‘In any case in which the sentence of death is im-
posed under chapter 228 of this title, the sentence of death
shall be subject to review by the court of appeals upon
appeal by the defendant. Notice of appeal must be filed
within the time prescribed for appeal of judgment in sec-
tion 2107 of title 28. An appeal under this section may
be consolidated with an appeal of the judgment of convic-
tion. Such review shall have priority over all other cases.
‘‘On review of the sentence, the court of appeals shall
consider the record, the evidence submitted during the
trial, the information submitted during the sentencing
hearing, the procedures employed in the sentencing hear-
ing, and the special findings returned under section 3596
of this title.
‘‘The court shall affirm the sentence if it determines
that, (1) the sentence of death was not imposed under the
influence of passion, prejudice, or any other arbitrary fac-
tor; and (2) the information supports the special finding
of the existence of any aggravating factor, or the failure
to find any mitigating factors as set forth or allowed in
chapter 228 of this title. In all other cases the court shall
remand the case for reconsideration under chapter 228 of
this title. The court of appeals shall state in writing the
reasons for its disposition of the review of the sentence.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 235 of title 18 of the United
States Code is amended by adding at the end thereof the
following new item:
‘‘3743. Appeal from sentence of death.’’.
SEC. 4. APPLICABILITY IN MILITARY CASES.
Chapter 228 and section 3743 of title 18 of the Unit-
ed States Code, as added by this Act, shall not apply to
prosecutions under the Uniform Code of Military Justice
(10 U.S.C. 801).
Æ
HR 638 IH——2