I
103D CONGRESS
1ST SESSION
H. R. 2215
To amend title 18, United States Code, to provide a death penalty for
the murder of Federal law enforcement officers.
IN THE HOUSE OF REPRESENTATIVES
MAY 20, 1993
Mr. FRANKS of Connecticut introduced the following bill; which was referred
to the Committee on the Judiciary
A BILL
To amend title 18, United States Code, to provide a death
penalty for the murder 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 ‘‘Federal Law Enforce-
ment Officers Protection Act of 1993’’.
SEC. 2. DEATH PENALTY FOR THE MURDER OF FEDERAL
LAW ENFORCEMENT OFFICIALS.
Section 1114(a) of title 18, United States Code, is
amended by striking ‘‘punished as provided under sections
1111 and 1112 of this title,’’ and inserting ‘‘punished, in
the case of murder, by a sentence of death or life imprison-
ment as provided under section 1111 of this title, or, in
the case of manslaughter, a sentence as provided under
section 1112 of this title,’’.
SEC. 3. CONSTITUTIONAL PROCEDURES FOR THE IMPOSI-
TION OF THE SENTENCE OF DEATH.
(a) IN GENERAL.—Part II of title 18 of the United
States Code is amended by adding the following new chap-
ter after chapter 227:
‘‘CHAPTER 228—DEATH SENTENCE
‘‘Sec.
‘‘3591. Sentence of death.
‘‘3592. Mitigating and aggravating 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 has been found guilty of an offense
under section 1114 of this title for which a sentence of
death is provided, if the defendant, as determined beyond
a reasonable doubt at the hearing under section 3593—
‘‘(A) intentionally killed the victim;
‘‘(B) intentionally inflicted serious bodily
injury that resulted in the death of the victim;
‘‘(C) intentionally participated in an act,
contemplating that the life of a person would be
taken or intending that lethal force would be
used in connection with a person, other than
one of the participants in the offense, and the
victim died as a direct result of the act; or
‘‘(D) intentionally and specifically engaged
in an act, knowing that the act created a grave
risk of death to a person, other than one of the
participants in the offense, such that participa-
tion in the act constituted a reckless disregard
for human life and the victim died as a direct
result of the act,
shall be sentenced to death if, after consideration of the
factors set forth in section 3592 in the course of a hearing
held pursuant to section 3593, it is determined that impo-
sition of a sentence of death is justified, except that no
person may be sentenced to death who was less than 18
years of age at the time of the offense.
‘‘§ 3592. Mitigating and aggravating factors to be con-
sidered in determining whether a sen-
tence of death is justified
‘‘(a) MITIGATING FACTORS.—In determining wheth-
er a sentence of death is to be imposed on a defendant,
the finder of fact shall consider any mitigating factor, in-
cluding the following:
‘‘(1) IMPAIRED CAPACITY.—The defendant’s ca-
pacity to appreciate the wrongfulness of the defend-
ant’s conduct or to conform conduct to the require-
ments of law was significantly impaired, regardless
of whether the capacity was so impaired as to con-
stitute a defense to the charge.
‘‘(2) DURESS.—The defendant was under un-
usual and substantial duress, regardless of whether
the duress was of such a degree as to constitute a
defense to the charge.
‘‘(3) MINOR PARTICIPATION.—The defendant is
punishable as a principal in the offense, which was
committed by another, but the defendant’s participa-
tion was relatively minor, regardless of whether the
participation was so minor as to constitute a defense
to the charge.
‘‘(4) FORSEEABILITY.—The defendant could
not reasonably have foreseen that the defendant’s
conduct in the course of the commission of murder,
or other offense resulting in death for which the de-
fendant was convicted, would cause, or would create
a grave risk of causing, death to any person.
‘‘(5) NO PRIOR CRIMINAL RECORD.—The de-
fendant did not have a significant prior history of
other criminal conduct.
‘‘(6) DISTURBANCE.—The defendant committed
the offense under severe mental or emotional dis-
turbance.
‘‘(7) VICTIM’S CONSENT.—The victim consented
to the criminal conduct that resulted in the victim’s
death.
‘‘(8) OTHER
FACTORS.—Other factors in the
defendant’s background, record, or character or any
other circumstance of the offense that mitigate
against imposition of the death sentence.
‘‘(b) 
AGGRAVATING
FACTORS.—In 
determining
whether a sentence of death is justified for an offense de-
scribed in section 3591, the jury, or if there is no jury,
the court, shall consider each of the following aggravating
factors for which notice has been given and determine
which, if any, exist:
‘‘(1) DEATH DURING COMMISSION OF ANOTHER
CRIME.—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 of, an offense under section 32 (destruc-
tion of aircraft or aircraft facilities), section 33 (de-
struction of motor vehicles or motor vehicle facili-
ties), section 36 (violence at international airports),
section 351 (violence against Members of Congress,
to escape apprehension used or possessed a fire-
arm as defined in section 921 of this title; or
‘‘(B) has previously been convicted of a
Federal or State offense punishable by a term
of imprisonment of more than one year, involv-
ing the use of attempted or threatened use of
a firearm, as defined in section 921 of this title,
against another person.
‘‘(3) 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 a sentence of
death was authorized by statute.
‘‘(4) PREVIOUS CONVICTION OF OTHER SERI-
OUS OFFENSES.—The defendant has previously been
convicted of two or more Federal or State offenses,
punishable 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 or death upon another person.
‘‘(5) GRAVE RISK OF DEATH TO ADDITIONAL
PERSONS.—The defendant, in the commission of the
offense, or in escaping apprehension for the violation
of the offense, knowingly created a grave risk of
death to one or more persons in addition to the vic-
tim of the offense.
‘‘(6) HEINOUS, CRUEL, OR DEPRAVED MANNER
OF COMMITTING OFFENSE.—The defendant commit-
ted the offense in an especially heinous, cruel, or de-
praved manner in that it involved torture or serious
physical abuse to the victim.
‘‘(7) PROCUREMENT
OF
OFFENSE
BY
PAY-
MENT.—The defendant procured the commission of
the offense by payment, or promise of payment, of
anything of pecuniary value.
‘‘(8) PECUNIARY
GAIN.—The defendant com-
mitted the offense as consideration for the receipt,
or in the expectation of the receipt, of anything of
pecuniary value.
‘‘(9) 
SUBSTANTIAL
PLANNING
AND
PREMEDITATION.—The defendant committed the of-
fense after substantial planning and premeditation
to cause the death of a person or commit an act of
terrorism.
‘‘(10) CONVICTION FOR TWO FELONY DRUG OF-
FENSES.—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
distribution of a controlled substance.
‘‘(11) VULNERABILITY OF VICTIM.—The victim
was particularly vulnerable due to old age, youth, or
infirmity.
‘‘(12) CONVICTION
FOR
SERIOUS
FEDERAL
DRUG
OFFENSES.—The defendant had previously
been convicted of violating title II or title III of the
Controlled Substances Act for which a sentence of 5
or more years may be imposed or had previously
been convicted of engaging in a continuing criminal
enterprise.
‘‘(13) CONTINUING CRIMINAL ENTERPRISE IN-
VOLVING DRUG SALES TO MINORS.—The defendant
committed the offense in the course of engaging in
a continuing criminal enterprise in violation of sec-
tion 408(c) of the Controlled Substances Act and
that violation involved the distribution of drugs to
persons under the age of 21 in violation of section
418 of such Act.
The jury, or if there is no jury, the court, may consider
whether any other aggravating factor for which notice has
been given 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, the attorney shall,
a reasonable time before the trial or before acceptance by
the court of a plea of guilty, 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 that the Government will
seek the sentence of death; and
‘‘(2) setting forth the aggravating factor or fac-
tors that the Government, if the defendant is con-
victed, proposes to prove as justifying a sentence of
death.
The factors for which notice is provided under this sub-
section may include factors concerning the effect of the
offense on the victim and the victim’s family, and may
include oral testimony, a victim impact statement that
identifies the victim of the offense and the extent and
scope of the injury and loss suffered by the victim and
the victim’s family, and any other relevant information.
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 or pleads guilty to 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 punish-
ment to be imposed. 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 this section is necessary; or
‘‘(3) before the court alone, upon the motion of
the defendant and with the approval of the attorney
for the Government.
A jury impaneled pursuant to paragraph (2) of this sub-
section 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.—Notwithstanding rule 32(c) of the Federal Rules
of Criminal Procedure, when a defendant is found guilty
or pleads guilty to an offense under section 3591 of this
title, no presentence report shall be prepared. At the sen-
tencing hearing, information may be presented as to any
matter relevant to the sentence, including any mitigating
or aggravating factor permitted or required to be consid-
ered under section 3592 of this title. Information pre-
sented may include the trial transcript and exhibits if the
hearing is held before a jury or judge not present during
the trial. The defendant may present any information rel-
evant to a mitigating factor. The Government may present
any information relevant to an aggravating factor. The
Government and the defendant 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 aggra-
vating or mitigating factor, and as to the appropriateness
in the case of imposing a sentence of death. The Govern-
ment shall open the argument. The defendant shall be per-
mitted to reply. The Government shall then be permitted
to reply in rebuttal. The burden of establishing the exist-
ence of any aggravating factor is on the Government, and
is not satisfied unless the existence of such a factor is es-
tablished beyond a reasonable doubt. The burden of estab-
lishing the existence of any mitigating factor is on the de-
fendant, and is not satisfied unless the existence of such
a factor is established by a preponderance of the informa-
tion.
‘‘(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 identifying any aggravating factor or factors set
forth in section 3592 of this title found to exist and any
other aggravating factor for which notice has been pro-
vided under subsection (a) of this section found to exist.
A finding with respect to a mitigating factor may be made
by one or more members of the jury, and any member
of the jury who finds the existence of a mitigating factor
may consider such factor established for purposes of this
section regardless of the number of jurors who concur that
the factor has been established. A finding with respect to
any aggravating factor must be unanimous. If no aggra-
vating factor set forth in section 3592 of this title is found
to exist, the court shall impose a sentence other than
death authorized by law.
‘‘(e) RETURN OF A FINDING CONCERNING A SEN-
TENCE OF DEATH.—If an aggravating factor required to
be considered under section 3592 of this title is found to
exist the jury, or if there is no jury, the court, shall con-
sider whether all the aggravating factor or factors found
to exist sufficiently outweigh all the mitigating factor or
factors found to exist to justify a sentence of death, or,
in the absence of a mitigating factor, whether the aggra-
vating 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
recommend whether a sentence of death shall be imposed
rather than a lesser sentence. The jury or the court, if
there is no jury, regardless of its findings with respect to
aggravating and mitigating factors, is never required to
impose a death sentence.
‘‘(f) SPECIAL PRECAUTION TO ENSURE AGAINST
DISCRIMINATION.—In a hearing held before a jury, the
court, prior to the return of a finding under subsection
(e) of this section, shall instruct the jury that, in consider-
prisonment, the court may impose a sentence of life im-
prisonment without parole.
‘‘§ 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 procedures employed in the sentencing
hearing; and
‘‘(4) the special findings returned under section
3593(d) of this title.
‘‘(c) DECISION AND DISPOSITION.—
‘‘(1) The court of appeals shall address all sub-
stantive and procedural issues raised on the appeal
of a sentence of death, and shall consider whether
the sentence of death was imposed under the influ-
ence of passion, prejudice, or any other arbitrary
factor and whether the evidence supports the special
finding of the existence of an aggravating factor re-
quired to be considered under section 3592 of this
title.
‘‘(2) Whenever the court of appeals finds
that—
‘‘(A) the sentence of death was imposed
under the influence of passion, prejudice, or any
other arbitrary factor;
‘‘(B) the admissible evidence and informa-
tion adduced does not support the special find-
ing of the existence of the required aggravating
factor; or
‘‘(C) the proceedings involved any other
legal error requiring reversal of the sentence
that was properly preserved for appeal under
the rules of criminal procedure;
the court shall remand the case for reconsideration
under section 3593 of this title or imposition of a
sentence other than death.
‘‘(3) The court of appeals shall state in writing
the reasons for its disposition of an appeal of a sen-
tence of death under this section.
‘‘§ 3596. Implementation of a sentence of death
‘‘(a) IN GENERAL.—A person who has been sen-
tenced to death pursuant to the provisions of this chapter
shall be committed to the custody of the Attorney General
until exhaustion of the procedures for appeal of the judg-
ment of conviction and for review of the sentence. When
the sentence is to be implemented, the Attorney General
shall release the person sentenced to death to the custody
of a United States marshal, who shall supervise implemen-
tation of the sentence in the manner prescribed by the law
of the State in which the sentence is imposed. If the law
of such State does not provide for implementation of a
sentence of death, the court shall designate another State,
the law of which does provide for the implementation of
a sentence of death, and the sentence shall be implemented
in the latter State in the manner prescribed by such law.
‘‘(b) PREGNANT WOMAN.—A sentence of death shall
not be carried out upon a woman while she is pregnant.
‘‘(c) MENTAL CAPACITY.—A sentence of death shall
not be carried out upon a person who is mentally retarded.
A sentence of death shall not be carried out upon a person
who, as a result of mental disability, lacks the mental ca-
pacity to understand the death penalty and why it was
imposed on that person.
‘‘§ 3597. Use of State facilities
‘‘(a) IN
GENERAL.—A United States marshal
charged with supervising the implementation of a sentence
of death may use appropriate State or local facilities for
the purpose, may use the services of an appropriate State
or local official or of a person such an official employs
for the purpose, and shall pay the costs thereof in an
amount approved by the Attorney General.
‘‘(b) EXCUSE OF AN EMPLOYEE ON MORAL OR RELI-
GIOUS GROUNDS.—No employee of any State department
of corrections, the United States Department of Justice,
the Federal Bureau of Prisons, or the United States Mar-
shals Service, and no employee providing services to that
department, bureau, or service under contract shall be re-
quired, as a condition of that employment or contractual
obligation, to be in attendance at or to participate in any
prosecution or execution under this section if such partici-
pation is contrary to the moral or religious convictions of
the employee. For purposes of this subsection, the term
‘participation in executions’ includes personal preparation
of the condemned individual and the apparatus used for
execution and supervision of the activities of other person-
nel in carrying out such activities.’’.
(b) CLERICAL AMENDMENT.—The table of chapters
at the beginning of part II of title 18, United States Code,
is amended by adding the following new item after the
item relating to chapter 227:
‘‘228. Death sentence ........................................................................ 3591’’.
Æ
HR 2215 IH——2