Eric's Law

Bill: 115-s-2389
Sponsor: full_name: Sen. Toomey, Patrick [R-PA]
Introduced: 2018-02-07
Policy area: Crime and Law Enforcement
Subjects: Criminal procedure and sentencing

Judicial procedure and administration
Latest action: action_date: 2018-02-07
text: Read twice and referred to the Committee on the Judiciary.

Summaries:
action_date: 2018-02-07
action_desc: Introduced in Senate
text: <p><b>Eric's Law</b></p> <p>This bill amends the federal criminal code to modify procedures with respect to capital sentencing hearings.</p> <p>If a jury at a capital sentencing hearing does not reach a unanimous recommendation on the defendant's sentence, then the court must order a new special sentencing hearing and impanel a new jury. If the new jury at the special sentencing hearing does not reach a unanimous recommendation on the defendant's sentence, then the court is prohibited from imposing a death sentence. </p>

tv_txt: II 115th CONGRESS 2d Session S. 2389 IN THE SENATE OF THE UNITED STATES February 7, 2018 Mr. Toomey (for himself, Mr. Cotton , Mr. Cornyn , and Mr. Cruz ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to require the impaneling of a new jury if a jury fails to recommend by unanimous vote a sentence for conviction of a crime punishable by death.

1. Short title This Act may be cited as Eric’s Law . 2. Requirement to impanel a new jury in certain cases (a) Additional ground for impaneling jury Section 3593(b)(2) of title 18, United States Code, is amended— (1) in subparagraph (C), by striking or at the end; and (2) by adding at the end the following: (E) a new special hearing is required pursuant to subsection (g); or . (b) Impaneling of new jury when jury does not reach a unanimous recommendation Section 3593 of title 18, United States Code, is amended by adding at the end the following: (g) Special rule when jury does not return a unanimous recommendation (1) In general If a jury described in subsection (b)(1) or subparagraphs (A) through (D) of subsection (b)(2) does not, by unanimous vote, make a recommendation whether the defendant should be sentenced to death, to life imprisonment without possibility of release, or some other lesser sentence pursuant to subsection (e), the court, upon motion of the attorney for the government, shall order a new special hearing and impanel a new jury pursuant to subsection (b). (2) Imposition of sentence If the jury impaneled pursuant to paragraph (1) does not reach a unanimous recommendation as to sentence, the court shall impose a sentence other than death authorized by law. .