H. R. 3355—166
offense described in section 3591(a)(1), 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) PRIOR ESPIONAGE OR TREASON OFFENSE.—The defend-
ant has previously been convicted of another offense involving
espionage or treason for which a sentence of either life impris-
onment or death was authorized by law.
‘‘(2) GRAVE RISK TO NATIONAL SECURITY.—In the commission
of the offense the defendant knowingly created a grave risk
of substantial danger to the national security.
‘‘(3) GRAVE
RISK
OF
DEATH.—In the commission of the
offense the defendant knowingly created a grave risk of death
to another person.
The jury, or if there is no jury, the court, may consider whether
any other aggravating factor for which notice has been given exists.
‘‘(c) AGGRAVATING FACTORS
FOR HOMICIDE.—In determining
whether a sentence of death is justified for an offense described
in section 3591(a)(2), 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, occurred during the commis-
sion or attempted commission of, or during the immediate
flight from the commission of, an offense under section 32
(destruction of aircraft or aircraft facilities), section 33 (destruc-
tion of motor vehicles or motor vehicle facilities), section 36
(violence at international airports), section 351 (violence against
Members of Congress, Cabinet officers, or Supreme Court Jus-
tices), an offense under section 751 (prisoners in custody of
institution or officer), section 794 (gathering or delivering
defense information to aid foreign government), section 844(d)
(transportation of explosives in interstate commerce for certain
purposes), section 844(f) (destruction of Government property
by explosives), section 1118 (prisoners serving life term), section
1201 (kidnaping), section 844(i) (destruction of property affect-
ing interstate commerce by explosives), section 1116 (killing
or attempted killing of diplomats), section 1203 (hostage tak-
ing), section 1992 (wrecking trains), section 2280 (maritime
violence), section 2281 (maritime platform violence), section
2332 (terrorist acts abroad against United States nationals),
section 2339 (use of weapons of mass destruction), or section
2381 (treason) of this title, or section 46502 of title 49, United
States Code (aircraft piracy).
‘‘(2) PREVIOUS CONVICTION OF VIOLENT FELONY INVOLVING
FIREARM.—For any offense, other than an offense for which
a sentence of death is sought on the basis of section 924(c),
the defendant has previously been convicted of a Federal or
State offense punishable by a term of imprisonment of more
than 1 year, involving the use or attempted or threatened
use of a firearm (as defined in section 921) against another
person.
‘‘(3) PREVIOUS CONVICTION OF OFFENSE FOR WHICH A SEN-
TENCE OF DEATH OR LIFE IMPRISONMENT WAS AUTHORIZED.—
The defendant has previously been convicted of another Federal
or State offense resulting in the death of a person, for which
H. R. 3355—167
a sentence of life imprisonment or a sentence of death was
authorized by statute.
‘‘(4) PREVIOUS CONVICTION OF OTHER SERIOUS OFFENSES.—
The defendant has previously been convicted of 2 or more
Federal or State offenses, punishable by a term of imprisonment
of more than 1 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 1 or more persons in addition to
the victim of the offense.
‘‘(6) HEINOUS, CRUEL, OR DEPRAVED MANNER OF COMMITTING
OFFENSE.—The defendant committed the offense in an espe-
cially heinous, cruel, or depraved manner in that it involved
torture or serious physical abuse to the victim.
‘‘(7) PROCUREMENT OF OFFENSE BY PAYMENT.—The defend-
ant procured the commission of the offense by payment, or
promise of payment, of anything of pecuniary value.
‘‘(8) PECUNIARY
GAIN.—The defendant committed 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 offense after substantial planning
and premeditation to cause the death of a person or commit
an act of terrorism.
‘‘(10) CONVICTION FOR TWO FELONY DRUG OFFENSES.—The
defendant has previously been convicted of 2 or more State
or Federal offenses punishable 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 particu-
larly 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 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 INVOLVING DRUG
SALES TO MINORS.—The defendant committed the offense in
the course of engaging in a continuing criminal enterprise
in violation of section 408(c) of the Controlled Substances Act
(21 U.S.C. 848(c)), and that violation involved the distribution
of drugs to persons under the age of 21 in violation of section
418 of that Act (21 U.S.C. 859).
‘‘(14) HIGH PUBLIC OFFICIALS.—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;
H. R. 3355—168
‘‘(C) a foreign official listed in section 1116(b)(3)(A),
if the official is in the United States on official business;
or
‘‘(D) a Federal public servant who is a judge, a law
enforcement officer, or an employee of a United States
penal or correctional institution—
‘‘(i) while he or she is engaged in the performance
of his or her official duties;
‘‘(ii) because of the performance of his or her official
duties; or
‘‘(iii) because of his or her status as a public serv-
ant.
For purposes of this subparagraph, a ‘law enforcement
officer’ is a public servant authorized by law or by a Govern-
ment agency or Congress to conduct or engage in the
prevention, investigation, or prosecution or adjudication
of an offense, and includes those engaged in corrections,
parole, or probation functions.
‘‘(15) PRIOR
CONVICTION
OF
SEXUAL
ASSAULT
OR
CHILD
MOLESTATION.—In the case of an offense under chapter 109A
(sexual abuse) or chapter 110 (sexual abuse of children), the
defendant has previously been convicted of a crime of sexual
assault or crime of child molestation.
The jury, or if there is no jury, the court, may consider whether
any other aggravating factor for which notice has been given exists.
‘‘(d) AGGRAVATING FACTORS FOR DRUG OFFENSE DEATH PEN-
ALTY.—In determining whether a sentence of death is justified
for an offense described in section 3591(b), 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) PREVIOUS CONVICTION OF OFFENSE FOR WHICH A SEN-
TENCE OF DEATH OR LIFE IMPRISONMENT WAS AUTHORIZED.—
The defendant has previously 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 authorized by
statute.
‘‘(2) PREVIOUS CONVICTION OF OTHER SERIOUS OFFENSES.—
The defendant has previously been convicted of two or more
Federal or State offenses, each punishable by a term of impris-
onment of more than one year, committed on different occasions,
involving the importation, manufacture, or distribution of a
controlled substance (as defined in section 102 of the Controlled
Substances Act (21 U.S.C. 802)) or the infliction of, or attempted
infliction of, serious bodily injury or death upon another person.
‘‘(3) PREVIOUS
SERIOUS
DRUG
FELONY
CONVICTION.—The
defendant has previously been convicted of another Federal
or State offense involving the manufacture, distribution,
importation, or possession of a controlled substance (as defined
in section 102 of the Controlled Substances Act (21 U.S.C.
802)) for which a sentence of five or more years of imprisonment
was authorized by statute.
‘‘(4) USE OF FIREARM.—In committing the offense, or in
furtherance of a continuing criminal enterprise of which the
offense was a part, the defendant used a firearm or knowingly
directed, advised, authorized, or assisted another to use a fire-
arm to threaten, intimidate, assault, or injure a person.
H. R. 3355—169
‘‘(5) DISTRIBUTION TO PERSONS UNDER 21.—The offense, or
a continuing criminal enterprise of which the offense was a
part, involved conduct proscribed by section 418 of the Con-
trolled Substances Act (21 U.S.C. 859) which was committed
directly by the defendant.
‘‘(6) DISTRIBUTION
NEAR
SCHOOLS.—The offense, or a
continuing criminal enterprise of which the offense was a part,
involved conduct proscribed by section 419 of the Controlled
Substances Act (21 U.S.C. 860) which was committed directly
by the defendant.
‘‘(7) USING
MINORS
IN
TRAFFICKING.—The offense, or a
continuing criminal enterprise of which the offense was a part,
involved conduct proscribed by section 420 of the Controlled
Substances Act (21 U.S.C. 861) which was committed directly
by the defendant.
‘‘(8) LETHAL
ADULTERANT.—The offense involved the
importation, manufacture, or distribution of a controlled sub-
stance (as defined in section 102 of the Controlled Substances
Act (21 U.S.C. 802)), mixed with a potentially lethal adulterant,
and the defendant was aware of the presence of the adulterant.
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 sentence
of death is justified
‘‘(a) NOTICE BY THE GOVERNMENT.—If, in a case involving an
offense described in section 3591, the attorney for the government
believes that the circumstances 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 cir-
cumstances of the offense are such that, if the defendant is
convicted, a sentence of death is justified under this chapter
and that the government will seek the sentence of death; and
‘‘(2) setting forth the aggravating factor or factors that
the government, if the defendant is convicted, proposes to prove
as justifying a sentence of death.
The factors for which notice is provided under this subsection
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) and the defendant is found guilty of or pleads guilty to an
offense described in section 3591, 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. The hearing
shall be conducted—
‘‘(1) before the jury that determined the defendant’s guilt;