I
103D CONGRESS
1ST SESSION
H. R. 638
To amend title 18, United States Code, regarding sentencing for capital
offenses.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 26, 1993
Mr. SUNDQUIST introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To amend title 18, United States Code, regarding sentencing
for capital offenses.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. PROCEDURE IN CAPITAL CASES.
Part II of title 18 of the United States Code is
amended by inserting after chapter 227 the following new
chapter:
‘‘CHAPTER 228—SENTENCING FOR CAPITAL
OFFENSES
‘‘Sec.
‘‘3591. Hearing required.
‘‘3592. Notice by the Government.
‘‘3593. Hearing before court or jury.
‘‘3594. Proof of aggravating and mitigating factors.
‘‘3595. Return of findings.
‘‘3596. Imposition of sentence.
‘‘3597. Mitigating factors.
‘‘3598. Aggravating factors for treason and espionage.
‘‘3599. Aggravating factors for homicide.
‘‘3600. Instruction to jury on right of the defendant to justice without discrimi-
nation.
‘‘3600A. Sentencing in capital cases in which death penalty is not sought or im-
posed.
‘‘§ 3591. Hearing required
‘‘A person shall be subjected to the penalty of death
for any offense against the United States only if a hearing
is held in accordance with this chapter.
‘‘§ 3592. Notice by the Government
‘‘Whenever the Government intends to seek the death
penalty for an offense for which one of the sentences pro-
vided is death, the attorney for the Government, a reason-
able time before trial or acceptance by the court of a plea
of guilty, shall sign and file with the court, and serve upon
the defendant, a notice (1) that the Government in the
event of conviction will seek the sentence of death, and
(2) setting forth the aggravating factor or factors which
the Government will seek to prove as the basis for the
death penalty. The court may permit the attorney for the
Government to amend this notice for good cause shown.
‘‘§ 3593. Hearing before court or jury
‘‘When the attorney for the Government has filed a
notice as required under section 3592 and the defendant
is found guilty of or pleads guilty to an offense for which
one of the sentences provided is death, the judge who pre-
sided at the trial or before whom the guilty plea was en-
tered, or any other judge if the judge who presided at the
trial or before whom the guilty plea was entered is unavail-
able, shall conduct a separate sentencing hearing to deter-
mine the punishment to be imposed. The hearing shall be
conducted—
‘‘(1) before the jury which 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 which determined the de-
fendant’s guilt has been discharged for good
cause; or
‘‘(D) after initial imposition of a sentence
under this chapter, redetermination of the sen-
tence under this chapter is necessary; or
‘‘(3) before the court alone, upon the motion of
the defendant and with the approval of the Govern-
ment.
A jury impaneled pursuant to paragraph (2) of this sec-
tion shall consist of twelve 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 any
number less than twelve.
‘‘§ 3594. Proof of aggravating and mitigating factors
‘‘Notwithstanding rule 32(c) of the Federal Rules of
Criminal Procedure, when a defendant is found guilty of
or pleads guilty to an offense for which one of the sen-
tences provided is death, no presentence report shall be
prepared. In the sentencing hearing, information may be
presented as to any matter relevant to the sentence and
shall include matters relating to any of the aggravating
or mitigating factors set forth in sections 3597, 3598, and
3599, or any other mitigating factor. Where information
is presented relating to any of the aggravating factors set
forth in section 3598 or 3599, information may be pre-
sented relating to any other aggravating factor. Informa-
tion presented may include the trial transcript and exhib-
its if the hearing is held before a jury or judge not present
during the trial. Any other information relevant to such
mitigating or aggravating factors may be presented by ei-
ther the Government or the defendant, regardless of its
admissibility under the rules governing admission of evi-
dence at criminal trials, except that information may be
excluded if its probative value is substantially outweighed
by the danger of unfair prejudice, confusion of the issues,
or misleading the jury. The Government and the defend-
ant shall be permitted to rebut any information received
at the hearing and shall be given fair opportunity to
present argument as to the adequacy of the information
to establish the existence of any of the aggravating or miti-
gating factors, and as to the appropriateness in that case
of imposing a sentence of death. The Government shall
open the argument. The defendant shall be permitted to
reply. The Government shall then be permitted to reply
in rebuttal. The burden of establishing the existence of
any aggravating factor is on the Government, and is not
satisfied unless established beyond a reasonable doubt.
The burden of establishing the existence of any mitigating
factor is on the defendant, and is not satisfied unless es-
tablished by a preponderance of the information.
‘‘§ 3595. Return of findings
‘‘The jury, or if there is no jury, the court shall con-
sider all the information received during the hearing. It
shall return special findings identifying any mitigating
factors, and any aggravating factors set forth in section
3598 or 3599, found to exist. If, in the case of an offense
of treason or espionage, one of the aggravating factors set
forth in section 3598 is found to exist, or in the case of
any other offense one of the aggravating factors set forth
in section 3599(1) and another of the aggravating factors