I 
118TH CONGRESS 
1ST SESSION H. R. 1124 
To abolish the death penalty under Federal law. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 21, 2023 
Mr. ESPAILLAT (for himself, Mr. SARBANES, Ms. BARRAGA´N, Ms. WILLIAMS 
of Georgia, Ms. MOORE of Wisconsin, Ms. BROWNLEY, Ms. LEE of Cali-
fornia, Mr. KHANNA, Ms. NORTON, Mr. GARCI´A of Illinois, Mr. PHILLIPS, 
Ms. SCHAKOWSKY, Ms. MENG, Ms. TLAIB, Mr. MCGOVERN, Mr. 
CLEAVER, 
Mr. 
DESAULNIER, 
Mr. 
CASAR, 
Mr. 
MORELLE, 
Ms. 
VELA´ZQUEZ, Mr. MULLIN, and Mr. JOHNSON of Georgia) introduced the 
following bill; which was referred to the Committee on the Judiciary, and 
in addition to the Committee on Armed Services, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To abolish the death penalty under Federal law. 
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 ‘‘Federal Death Penalty 
Abolition Act of 2023’’. 
SEC. 2. REPEAL OF FEDERAL LAWS PROVIDING FOR THE 
DEATH PENALTY. 
(a) HOMICIDE-RELATED OFFENSES.— 
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(1) MURDER RELATED TO THE SMUGGLING OF 
ALIENS.—Section 274(a)(1)(B)(iv) of the Immigra-
tion 
and 
Nationality 
Act 
(8 
U.S.C. 
1324(a)(1)(B)(iv)) is amended by striking ‘‘punished 
by death or’’. 
(2) DESTRUCTION OF AIRCRAFT, MOTOR VEHI-
CLES, 
OR
RELATED
FACILITIES
RESULTING
IN 
DEATH.—Section 34 of title 18, United States Code, 
is amended by striking ‘‘to the death penalty or’’. 
(3) MURDER COMMITTED DURING A DRUG-RE-
LATED
DRIVE-BY
SHOOTING.—Section 36(b)(2)(A) 
of title 18, United States Code, is amended by strik-
ing ‘‘death or’’. 
(4) MURDER COMMITTED AT AN AIRPORT SERV-
ING
INTERNATIONAL
CIVIL
AVIATION.—Section 
37(a) of title 18, United States Code, is amended, 
in the matter following paragraph (2), by striking 
‘‘punished by death or’’. 
(5) MURDER
COMMITTED
USING
CHEMICAL 
WEAPONS.—Section 229A(a)(2) of title 18, United 
States Code, is amended— 
(A) in the paragraph heading, by striking 
‘‘DEATH
PENALTY’’ and inserting ‘‘CAUSING 
DEATH’’; and 
(B) by striking ‘‘punished by death or’’. 
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(6) CIVIL
RIGHTS
OFFENSES
RESULTING
IN 
DEATH.—Chapter 13 of title 18, United States 
Code, is amended— 
(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’’; and 
(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 of title 18, United 
States Code, is amended— 
(A) in subsection (b)— 
(i) by striking ‘‘(1)’’; and 
(ii) by striking ‘‘, or (2) by death’’ 
and all that follows through the end of the 
subsection and inserting a period; and 
(B) in subsection (d)— 
(i) by striking ‘‘(1)’’; and 
(ii) by striking ‘‘, or (2) by death’’ 
and all that follows through the end of the 
subsection and inserting a period. 
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(8) DEATH
RESULTING
FROM
OFFENSES
IN-
VOLVING
TRANSPORTATION
OF
EXPLOSIVES, DE-
STRUCTION
OF
GOVERNMENT
PROPERTY, OR
DE-
STRUCTION OF PROPERTY RELATED TO FOREIGN OR 
INTERSTATE COMMERCE.—Section 844 of title 18, 
United States Code, is amended— 
(A) in subsection (d), by striking ‘‘or to 
the death penalty’’; 
(B) in subsection (f)(3), by striking ‘‘sub-
ject to the death penalty, or’’; 
(C) in subsection (i), by striking ‘‘or to the 
death penalty’’; and 
(D) in subsection (n), by striking ‘‘(other 
than the penalty of death)’’. 
(9) MURDER COMMITTED BY USE OF A FIRE-
ARM
OR
ARMOR
PIERCING
AMMUNITION
DURING 
COMMISSION OF A CRIME OF VIOLENCE OR A DRUG 
TRAFFICKING
CRIME.—Section 924 of title 18, 
United States Code, is amended— 
(A) in subsection (c)(5)(B)(i), by striking 
‘‘punished by death or’’; and 
(B) in subsection (j)(1), by striking ‘‘by 
death or’’. 
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(10) GENOCIDE.—Section 1091(b)(1) of title 
18, United States Code, is amended by striking 
‘‘death or’’. 
(11) 
FIRST
DEGREE
MURDER.—Section 
1111(b) of title 18, United States Code, is amended 
by striking ‘‘by death or’’. 
(12) MURDER BY A FEDERAL PRISONER.—Sec-
tion 1118 of title 18, United States Code, is amend-
ed— 
(A) in subsection (a), by striking ‘‘by 
death or’’; and 
(B) in subsection (b), in the third undesig-
nated paragraph— 
(i) by inserting ‘‘or’’ before ‘‘an inde-
terminate’’; and 
(ii) by striking ‘‘, or an unexecuted 
sentence of death’’. 
(13) MURDER OF A STATE OR LOCAL LAW EN-
FORCEMENT OFFICIAL OR OTHER PERSON AIDING IN 
A FEDERAL INVESTIGATION; MURDER OF A STATE 
CORRECTIONAL OFFICER.—Section 1121 of title 18, 
United States Code, is amended— 
(A) in subsection (a), by striking ‘‘by sen-
tence of death or’’; and 
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(B) in subsection (b)(1), by striking ‘‘or 
death’’. 
(14) MURDER DURING A KIDNAPPING.—Section 
1201(a) of title 18, United States Code, is amended 
by striking ‘‘death or’’. 
(15) MURDER DURING A HOSTAGE-TAKING.— 
Section 1203(a) of title 18, United States Code, is 
amended by striking ‘‘death or’’. 
(16) MAILING OF INJURIOUS ARTICLES WITH 
INTENT TO KILL OR RESULTING IN DEATH.—Section 
1716(j)(3) of title 18, United States Code, is amend-
ed by striking ‘‘to the death penalty or’’. 
(17) ASSASSINATION OR KIDNAPPING RESULT-
ING IN THE DEATH OF THE PRESIDENT OR VICE 
PRESIDENT.—Section 1751 of title 18, United 
States Code, is amended— 
(A) in subsection (b)— 
(i) by striking ‘‘(1)’’; and 
(ii) by striking ‘‘, or (2) by death’’ 
and all that follows through the end of the 
subsection and inserting a period; and 
(B) in subsection (d)— 
(i) by striking ‘‘(1)’’; and 
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(ii) by striking ‘‘, or (2) by death’’ 
and all that follows through the end of the 
subsection and inserting a period. 
(18) MURDER FOR HIRE.—Section 1958(a) of 
title 18, United States Code, is amended by striking 
‘‘death or’’. 
(19) MURDER INVOLVED IN A RACKETEERING 
OFFENSE.—Section 1959(a)(1) of title 18, United 
States Code, is amended by striking ‘‘death or’’. 
(20) WILLFUL WRECKING OF A TRAIN RESULT-
ING IN DEATH.—Section 1992 of title 18, United 
States Code, is amended— 
(A) in subsection (a), in the matter fol-
lowing paragraph (10), by striking ‘‘or subject 
to death,’’; and 
(B) in subsection (b), in the matter fol-
lowing paragraph (3), by striking ‘‘, and if the 
offense resulted in the death of any person, the 
person may be sentenced to death’’. 
(21) BANK
ROBBERY-RELATED
MURDER
OR 
KIDNAPPING.—Section 2113(e) of title 18, United 
States Code, is amended by striking ‘‘death or’’. 
(22) MURDER RELATED TO A CARJACKING.— 
Section 2119(3) of title 18, United States Code, is 
amended by striking ‘‘, or sentenced to death’’. 
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(23) MURDER
RELATED
TO
AGGRAVATED 
CHILD SEXUAL ABUSE.—Section 2241(c) of title 18, 
United States Code, is amended by striking ‘‘unless 
the death penalty is imposed,’’. 
(24) MURDER RELATED TO SEXUAL ABUSE.— 
Section 2245 of title 18, United States Code, is 
amended by striking ‘‘punished by death or’’. 
(25) MURDER RELATED TO SEXUAL EXPLOI-
TATION OF CHILDREN.—Section 2251(e) of title 18, 
United States Code, is amended by striking ‘‘pun-
ished by death or’’. 
(26) MURDER
COMMITTED
DURING
AN
OF-
FENSE
AGAINST
MARITIME
NAVIGATION.—Section 
2280(a)(1) of title 18, United States Code, is 
amended by striking ‘‘punished by death or’’. 
(27) MURDER
COMMITTED
DURING
AN
OF-
FENSE AGAINST A MARITIME FIXED PLATFORM.— 
Section 2281(a)(1) of title 18, United States Code, 
is amended by striking ‘‘punished by death or’’. 
(28) MURDER USING DEVICES OR DANGEROUS 
SUBSTANCES IN WATERS OF THE UNITED STATES.— 
Section 2282A of title 18, United States Code, is 
amended— 
(A) by striking subsection (b); and 
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(B) by redesignating subsections (c) and 
(d) as subsections (b) and (c), respectively. 
(29) MURDER
INVOLVING
THE
TRANSPOR-
TATION OF EXPLOSIVE, BIOLOGICAL, CHEMICAL, OR 
RADIOACTIVE
OR
NUCLEAR
MATERIALS.—Section 
2283 of title 18, United States Code, is amended— 
(A) by striking subsection (b); and 
(B) by redesignating subsection (c) as sub-
section (b). 
(30) MURDER
INVOLVING
THE
DESTRUCTION 
OF
VESSEL
OR
MARITIME
FACILITY.—Section 
2291(d) of title 18, United States Code, is amended 
by striking ‘‘to the death penalty or’’. 
(31) MURDER OF A UNITED STATES NATIONAL 
IN ANOTHER COUNTRY.—Section 2332(a)(1) of title 
18, United States Code, is amended by striking 
‘‘death or’’. 
(32) MURDER BY THE USE OF A WEAPON OF 
MASS
DESTRUCTION.—Section 2332a of title 18, 
United States Code, is amended— 
(A) in subsection (a), in the matter fol-
lowing paragraph (4), by striking ‘‘, and if 
death results shall be punished by death’’ and 
all that follows through the end of the sub-
section and inserting a period; and 
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(B) in subsection (b), by striking ‘‘, and if 
death results shall be punished by death’’ and 
all that follows through the end of the sub-
section and inserting a period. 
(33) MURDER BY ACT OF TERRORISM TRAN-
SCENDING
NATIONAL
BOUNDARIES.—Section 
2332b(c)(1)(A) of title 18, United States Code, is 
amended by striking ‘‘by death, or’’. 
(34) MURDER
INVOLVING
TORTURE.—Section 
2340A(a) of title 18, United States Code, is amend-
ed by striking ‘‘punished by death or’’. 
(35) MURDER INVOLVING A WAR CRIME.—Sec-
tion 2441(a) of title 18, United States Code, is 
amended by striking ‘‘, and if death results to the 
victim, shall also be subject to the penalty of death’’. 
(36) 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 Sub-
stances Act (21 U.S.C. 848(e)) is amended— 
(A) in the subsection heading, by striking 
‘‘DEATH
PENALTY’’ and inserting ‘‘INTEN-
TIONAL KILLING’’; and 
(B) in paragraph (1)— 
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(i) subparagraph (A), by striking ‘‘, or 
may be sentenced to death’’; and 
(ii) in subparagraph (B), by striking 
‘‘, or may be sentenced to death’’. 
(37) DEATH RESULTING FROM AIRCRAFT HI-
JACKING.—Section 46502 of title 49, United States 
Code, is amended— 
(A) in subsection (a)(2)(B), by striking 
‘‘put to death or’’; and 
(B) in subsection (b)(1)(B), by striking 
‘‘put to death or’’. 
(b) NON-HOMICIDE RELATED OFFENSES.— 
(1) ESPIONAGE.—Section 794(a) of title 18, 
United States Code, is amended by striking ‘‘pun-
ished by death or’’ and all that follows before the pe-
riod and inserting ‘‘imprisoned for any term of years 
or for life’’. 
(2) TREASON.—Section 2381 of title 18, United 
States Code, is amended by striking ‘‘shall suffer 
death, or’’. 
(c) TITLE 10.— 
(1) IN
GENERAL.—Section 856 of title 10, 
United States Code (article 56 of the Uniform Code 
of Military Justice) is amended by inserting before 
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the period at the end the following: ‘‘, except that 
the punishment may not include death’’. 
(2) OFFENSES.— 
(A) CONSPIRACY.—Section 881(b) of title 
10, United States Code (article 81(b)), is 
amended by striking ‘‘, if death results’’ and all 
that follows through the end and inserting ‘‘as 
a court-martial or military commission may di-
rect.’’. 
(B) DESERTION.—Section 885(c) of title 
10, United States Code (article 85(c)), is 
amended by striking ‘‘, if the offense is com-
mitted in time of war’’ and all that follows 
through the end and inserting ‘‘as a court-mar-
tial may direct’’. 
(C) ASSAULTING
OR
WILLFULLY
DIS-
OBEYING SUPERIOR COMMISSIONED OFFICER.— 
Section 890 of title 10, United States Code (ar-
ticle 90), is amended by striking ‘‘shall be pun-
ished’’ and all that follows through the end and 
inserting ‘‘shall be punished as a court-martial 
may direct.’’. 
(D) 
MUTINY
OR
SEDITION.—Section 
894(b) of title 10, United States Code (article 
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94(b)), is amended by striking ‘‘by death or 
such other punishment’’. 
(E) MISBEHAVIOR BEFORE THE ENEMY.— 
Section 899 of title 10, United States Code (ar-
ticle 99), is amended by striking ‘‘by death or 
such other punishment’’. 
(F) 
SUBORDINATE
COMPELLING
SUR-
RENDER.—Section 900 of title 10, United 
States Code (article 100), is amended by strik-
ing ‘‘by death or such other punishment’’. 
(G) IMPROPER
USE
OF
COUNTERSIGN.— 
Section 901 of title 10, United States Code (ar-
ticle 101), is amended by striking ‘‘by death or 
such other punishment’’. 
(H) FORCING A SAFEGUARD.—Section 902 
of title 10, United States Code (article 102), is 
amended by striking ‘‘suffer death’’ and all that 
follows and inserting ‘‘be punished as a court- 
martial may direct.’’. 
(I) AIDING THE ENEMY.—Section 903b of 
title 10, United States Code (article 103b), is 
amended by striking ‘‘suffer death or such 
other punishment as a court-martial or military 
commission may direct’’ and inserting ‘‘be pun-
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ished as a court-martial or military commission 
may direct’’. 
(J) SPIES.—Section 903 of title 10, United 
States Code (article 103), is amended by strik-
ing ‘‘by death’’ and inserting ‘‘by imprisonment 
for life’’. 
(K) ESPIONAGE.—Section 903a of title 10, 
United States Code (article 103a), is amend-
ed— 
(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)’’ 
and inserting ‘‘subsection (b)’’; 
(III) by striking ‘‘paragraph (3)’’ 
and inserting ‘‘subsection (c)’’; and 
(IV) by striking ‘‘as a court-mar-
tial may direct,’’ and all that follows 
and inserting ‘‘as a court-martial may 
direct.’’; 
(iv) in subsection (b), as so redesig-
nated— 
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(I) by striking ‘‘paragraph (1)’’ 
and inserting ‘‘subsection (a)’’; and 
(II) by redesignating subpara-
graphs (A), (B), and (C) as para-
graphs (1), (2), and (3), respectively; 
and 
(v) in subsection (c), as so redesig-
nated, by striking ‘‘paragraph (1)’’ and in-
serting ‘‘subsection (a)’’. 
(L) IMPROPER HAZARDING OF VESSEL.— 
The text of section 910 of title 10, United 
States Code (article 110), is amended to read 
as follows: 
‘‘Any person subject to this chapter who willfully and 
wrongfully, or negligently, hazards or suffers to be haz-
arded any vessel of the Armed Forces shall be punished 
as a court-martial may direct.’’. 
(M) OFFENSES
BY
SENTINEL
OR
LOOK-
OUT.—Section 895(a) of title 10, United States 
Code (article 95(a)), is amended by striking 
‘‘shall be punished’’ and all that follows and in-
serting ‘‘shall be punished as a court-martial 
may direct.’’. 
(N) MURDER.—Section 918 of title 10, 
United States Code (article 118), is amended 
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by striking ‘‘death or imprisonment for life as 
a court-martial may direct’’ and inserting ‘‘im-
prisonment for life’’. 
(O) DEATH
OR
INJURY
OF
AN
UNBORN 
CHILD.—Section 919a(a) of title 10, United 
States Code (article 119a), is amended— 
(i) in paragraph (1), by striking ‘‘, 
other than death,’’; and 
(ii) by striking paragraph (4). 
(P) CRIMES TRIABLE BY MILITARY COM-
MISSION.—Section 950t of title 10, United 
States Code, is amended— 
(i) in paragraph (1), by striking ‘‘by 
death or such other punishment’’; 
(ii) in paragraph (2), by striking ‘‘, if 
death results’’ and all that follows and in-
serting ‘‘as a military commission under 
this chapter may direct.’’; 
(iii) in paragraph (7), by striking ‘‘, if 
death results’’ and all that follows and in-
serting ‘‘as a military commission under 
this chapter may direct.’’; 
(iv) in paragraph (8), by striking ‘‘, if 
death results’’ and all that follows and in-
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serting ‘‘as a military commission under 
this chapter may direct.’’; 
(v) in paragraph (9), by striking ‘‘, if 
death results’’ and all that follows and in-
serting ‘‘as a military commission under 
this chapter may direct.’’; 
(vi) in paragraph (11)(A), by striking 
‘‘, if death results’’ and all that follows and 
inserting ‘‘as a military commission under 
this chapter may direct.’’; 
(vii) in paragraph (12), by striking ‘‘, 
if death results’’ and all that follows and 
inserting ‘‘as a military commission under 
this chapter may direct.’’; 
(viii) in paragraph (13)(A), by strik-
ing ‘‘, if death results’’ and all that follows 
and inserting ‘‘as a military commission 
under this chapter may direct.’’; 
(ix) in paragraph (14), by striking ‘‘, 
if death results’’ and all that follows and 
inserting ‘‘as a military commission under 
this chapter may direct.’’; 
(x) in paragraph (15), by striking ‘‘by 
death or such other punishment’’; 
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(xi) in paragraph (17), by striking ‘‘, 
if death results’’ and all that follows and 
inserting ‘‘as a military commission under 
this chapter may direct.’’; 
(xii) in paragraph (23), by striking ‘‘, 
if death results’’ and all that follows and 
inserting ‘‘as a military commission under 
this chapter may direct.’’; 
(xiii) in paragraph (24), by striking ‘‘, 
if death results’’ and all that follows and 
inserting ‘‘as a military commission under 
this chapter may direct.’’; 
(xiv) in paragraph (27), by striking 
‘‘by death or such other punishment’’; and 
(xv) in paragraph (29), by striking ‘‘, 
if death results’’ and all that follows and 
inserting ‘‘as a military commission under 
this chapter may direct.’’. 
(3) JURISDICTIONAL
AND
PROCEDURAL
MAT-
TERS.— 
(A) DISMISSED OFFICER’S RIGHT TO TRIAL 
BY
COURT-MARTIAL.—Section 804(a) of title 
10, United States Code (article 4(a) of the Uni-
form Code of Military Justice), is amended by 
striking ‘‘or death’’. 
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(B) COURTS-MARTIAL
CLASSIFIED.—Sec-
tion 816(b) of title 10, United States Code (ar-
ticle 16(b)), is amended— 
(i) by striking paragraph (2); and 
(ii) by redesignating paragraph (3) as 
paragraph (2). 
(C) JURISDICTION OF GENERAL COURTS- 
MARTIAL.—Section 818 of title 10, United 
States Code (article 18), is amended— 
(i) in subsection (a), by striking ‘‘in-
cluding the penalty of death when specifi-
cally authorized by this chapter’’ and in-
serting ‘‘except death’’; 
(ii) by striking subsection (b); and 
(iii) by redesignating subsection (c) as 
subsection (b). 
(D) JURISDICTION
OF
SPECIAL
COURTS- 
MARTIAL.—Section 819 of title 10, United 
States Code (article 19), is amended in the first 
sentence by striking ‘‘for any noncapital of-
fense’’ and all that follows and inserting ‘‘for 
any offense made punishable by this chapter.’’. 
(E) JURISDICTION OF SUMMARY COURTS- 
MARTIAL.—Section 820 of title 10, United 
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States Code (article 20), is amended in the first 
sentence by striking ‘‘noncapital’’. 
(F) NUMBER
OF
MEMBERS
IN
CAPITAL 
CASES.— 
(i) IN
GENERAL.—Section 825a of 
title 10, United States Code (article 25a), 
is repealed. 
(ii) 
CLERICAL
AMENDMENT.—The 
table of sections at the beginning of sub-
chapter V of chapter 47 of title 10, United 
States Code, is amended by striking the 
item relating to section 825a (article 25a). 
(G) ABSENT
AND
ADDITIONAL
MEM-
BERS.—Section 829 of title 10, United States 
Code (article 29), is amended— 
(i) in subsection (b)(2), by striking 
‘‘shall impanel’’ and all that follows and 
inserting ‘‘shall empanel eight members.’’; 
(ii) in subsection (d)— 
(I) in paragraph (1)— 
(aa) by striking subpara-
graph (A); 
(bb) by redesignating sub-
paragraphs (B) and (C) as sub-
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paragraphs (A) and (B), respec-
tively; and 
(cc) in subparagraph (A), as 
so redesignated, by striking ‘‘in a 
noncapital case’’; and 
(II) in paragraph (2)— 
(aa) by striking subpara-
graph (A); 
(bb) by redesignating sub-
paragraphs (B) and (C) as sub-
paragraphs (A) and (B), respec-
tively; and 
(cc) in subparagraph (A), as 
so redesignated, by striking ‘‘in a 
noncapital case’’. 
(H) STATUTE
OF
LIMITATIONS.—Sub-
section (a) of section 843 of title 10, United 
States Code (article 43), is amended to read as 
follows: 
‘‘(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: 
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‘‘(A) Absence without leave or missing move-
ment in time of war. 
‘‘(B) Murder. 
‘‘(C) Rape. 
‘‘(D) A violation of section 881 of this title (ar-
ticle 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 (ar-
ticle 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 895(a) of this title 
(article 95(a)) committed in time of war. 
‘‘(I) A violation of section 899 of this title (arti-
cle 99). 
‘‘(J) A violation of section 900 of this title (ar-
ticle 100). 
‘‘(K) A violation of section 901 of this title (ar-
ticle 101). 
‘‘(L) A violation of section 902 of this title (ar-
ticle 102). 
‘‘(M) A violation of section 903 of this title (ar-
ticle 103). 
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‘‘(N) A violation of section 903a of this title 
(article 103a). 
‘‘(O) A violation of section 903b of this title 
(article 103b). 
‘‘(P) A violation of section 910 of this title (ar-
ticle 110) in which the person subject to this chapter 
willfully and wrongfully hazarded or suffered to be 
hazarded any vessel of the Armed Forces.’’. 
(I) PLEAS OF ACCUSED.—Section 845(b) 
of title 10, United States Code (article 45(b)), 
is amended— 
(i) by striking the first sentence; and 
(ii) by striking ‘‘With respect to any 
other charge’’ and inserting ‘‘With respect 
to any charge’’. 
(J) DEPOSITIONS.—Section 849 of title 
10, United States Code (article 49), is amended 
by striking subsection (d). 
(K) 
ADMISSIBILITY
OF
RECORDS
OF 
COURTS OF INQUIRY.—Section 850 of title 10, 
United States Code (article 50), is amended— 
(i) in subsection (a), by striking ‘‘not 
capital and’’; and 
(ii) in subsection (b), by striking 
‘‘capital cases or’’. 
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(L) NUMBER
OF
VOTES
REQUIRED
FOR 
CONVICTION AND SENTENCING BY COURT-MAR-
TIAL.—Section 852(b)(2) of title 10, United 
States Code (article 52(b)(2)), is amended by 
striking ‘‘A sentence of death’’ and all that fol-
lows and inserting ‘‘All sentences imposed by 
members shall be determined by the concur-
rence of at least three-fourths of the members 
present when the vote is taken.’’ 
(M) 
RECORD
OF
TRIAL.—Section 
854(c)(2) of title 10, United States Code (arti-
cle 54(c)(2)), is amended by striking ‘‘death,’’. 
(N) FORFEITURE
OF
PAY
AND
ALLOW-
ANCES
DURING
CONFINEMENT.—Section 
858b(a)(2)(A) of title 10, United States Code 
(article 58b(a)(2)(A)), is amended by striking 
‘‘or death’’. 
(O) WAIVER
OR
WITHDRAWAL
OF
AP-
PEAL.—Section 861 of title 10, United States 
Code (article 61), is amended— 
(i) by striking subsection (c); and 
(ii) by redesignating subsection (d) as 
subsection (c). 
(P) REVIEW BY COURT OF CRIMINAL AP-
PEALS.—Section 866(b)(3) of title 10, United 
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States Code (article 66(b)(3)), is amended by 
striking ‘‘death,’’. 
(Q) REVIEW BY COURT OF APPEALS FOR 
THE ARMED FORCES.—Section 867(a) of title 
10, United States Code (article 67(a)), is 
amended— 
(i) by striking paragraph (1); and 
(ii) by redesignating paragraphs (2) 
and (3) as paragraphs (1) and (2), respec-
tively. 
(R) EFFECTIVE DATE OF SENTENCES.— 
Section 857(a) of title 10, United States Code 
(article 57(a)), is amended— 
(i) by striking paragraph (3); 
(ii) by redesignating paragraphs (4) 
through (6) as paragraphs (3) through (5), 
respectively; and 
(iii) in paragraph (4), as so redesig-
nated— 
(I) by striking ‘‘death, dismissal, 
or’’ each place it appears and insert-
ing ‘‘dismissal or’’; 
(II) by striking ‘‘death or’’; and 
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(III) by striking ‘‘under para-
graph (3) or (4), as appropriate’’ and 
inserting ‘‘under paragraph (3)’’. 
(S) GENERAL
ARTICLE.—Section 934 of 
title 10, United States Code (article 134), is 
amended by striking ‘‘crimes and offenses not 
capital’’ and inserting ‘‘crimes and offenses’’. 
(T) JURISDICTION OF MILITARY COMMIS-
SIONS.—Section 948d of title 10, United States 
Code, is amended by striking ‘‘including the 
penalty of death’’ and all that follows and in-
serting ‘‘except death.’’. 
(U) NUMBER OF MEMBERS OF MILITARY 
COMMISSIONS.—Subsection (a) of section 948m 
of title 10, United States Code, is amended to 
read as follows: 
‘‘(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.—Sec-
tion 949m of title 10, United States Code, is 
amended— 
(i) in subsection (b)— 
(I) by striking paragraph (1); 
and 
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(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 of title 10, United 
States Code, is amended— 
(i) in subsection (b)(1), by striking 
‘‘Except in a case in which the sentence as 
approved under section 950b of this title 
extends to death, an accused’’ and insert-
ing ‘‘An accused’’; and 
(ii) in subsection (c), by striking ‘‘Ex-
cept in a case in which the sentence as ap-
proved under section 950b of this title ex-
tends to death, the accused’’ and inserting 
‘‘The accused’’. 
(X) EXECUTION OF SENTENCE BY MILI-
TARY COMMISSIONS.—Section 950i of title 10, 
United States Code, is amended— 
(i) by striking subsections (b) and (c); 
(ii) by redesignating subsection (d) as 
subsection (b); and 
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(iii) in subsection (b), as so redesig-
nated, by striking ‘‘, except a sentence of 
death’’. 
(d) CONFORMING AMENDMENTS.— 
(1) REPEAL OF CRIMINAL PROCEDURES RELAT-
ING TO IMPOSITION OF DEATH SENTENCE.— 
(A) IN
GENERAL.—Chapter 228 of title 
18, United States Code, is repealed. 
(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) of title 18, United States Code, is 
amended by striking ‘‘by death or’’. 
(B) RELEASE AND DETENTION PENDING 
JUDICIAL PROCEEDINGS.—Chapter 207 of title 
18, United States Code, is amended— 
(i) in section 3142(f)(1)(B), by strik-
ing ‘‘or death’’; and 
(ii) in section 3146(b)(1)(A)(i), by 
striking ‘‘death, life imprisonment,’’ and 
inserting ‘‘life imprisonment’’. 
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‘‘(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 sec-
tion 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. 
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‘‘(26) A 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 sec-
tion 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 Con-
trolled Substances Act (21 U.S.C. 848(e)). 
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‘‘(39) An offense punishable under subsection 
(a)(2)(B) or (b)(1)(B) of section 46502 of title 49.’’. 
(ii) 
CLERICAL
AMENDMENT.—The 
table of sections for chapter 213 of title 
18, United States Code, is amended by 
striking the item relating to section 3281 
and inserting the following: 
‘‘3281. Offenses with no period of limitations.’’. 
SEC. 3. PROHIBITION ON IMPOSITION OF DEATH SEN-
TENCE. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion 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 ENACT-
MENT.—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 be resen-
tenced. 
Æ 
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