HR 1914 IH
110th CONGRESS
1st Session
H. R. 1914
To amend title 18, United States Code, to ensure the death penalty for terrorists, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
April 18, 2007
Mr. CARTER (for himself, Mr. FORBES, Mr. CHABOT, Mr. POE, Mr. BURTON of Indiana, Mr. LAMBORN, Mr. MILLER of Florida, Mr. BARRETT of South Carolina, Mr. HENSARLING, Mr. WAMP, Mr. SAM JOHNSON of Texas, Mr. BURGESS, Mr. PEARCE, Mr. REHBERG, Mrs. MUSGRAVE, Mr. NEUGEBAUER, Mrs. BLACKBURN, Mr. SESSIONS, Mr. BRADY of Texas, Mr. MCCAUL of Texas, Mr. BISHOP of Utah, Mr. GOHMERT, Mr. HAYES, Mr. MCHENRY, and Mr. CULBERSON) introduced the following bill; which was referred to the Committee on the Judiciary
A BILL
To amend title 18, United States Code, to ensure the death penalty for terrorists, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
SEC. 2. ENSURING DEATH PENALTY FOR TERRORIST OFFENSES WHICH CREATE GRAVE RISK OF DEATH.
(a) Addition of Terrorism to Death Penalty Offenses Not Resulting in Death- Section 3591(a)(1) of title 18, United States Code, is amended by inserting `, section 2339E,' after `section 794'.
(b) Modification of Aggravating Factors for Terrorism Offenses- Section 3592(b) of title 18, United States Code, is amended--
(1) in the heading, by inserting `, terrorism,' after `espionage'; and
(2) by inserting immediately after paragraph (3) the following:
`(4) SUBSTANTIAL PLANNING- The defendant committed the offense after substantial planning.'.
SEC. 3. MODIFICATION OF DEATH PENALTY PROVISIONS.
(a) Impaneling of New Jury When Unanimous Recommendation Cannot Be Reached- Section 3594 of title 18, United States Code, is amended by inserting after the first sentence the following: `If the jury is unable to reach any unanimous recommendation under section 3593(e), the court, upon motion by the Government, may impanel a jury under section 3593(b)(2)(E) for a new sentencing hearing.'.
(b) Modification of Mitigating Factors- Section 3592(a)(4) of title 18, United States Code, is amended--
(1) by striking `Another' and inserting `The Government could have, but has not, sought the death penalty against another'; and
(2) by striking `, will not be punished by death'.
(c) Modification of Aggravating Factors for Offenses Resulting in Death- Section 3592(c) of title 18, United States Code, is amended--
(1) in paragraph (7), by inserting `or by creating the expectation of payment,' after `or promise of payment,';
(2) in paragraph (1), by inserting `section 2339E (terrorist offenses resulting in death),' after `destruction),';
(3) by inserting immediately after paragraph (16) the following:
`(17) OBSTRUCTION OF JUSTICE- The defendant engaged in any conduct resulting in the death of another person in order to obstruct investigation or prosecution of any offense.'.
(d) Additional Ground for Impaneling New Jury- Section 3593(b)(2) of title 18, United States Code, is amended--
(1) by striking `or' at the end of subparagraph (C);
(2) by inserting after subparagraph (D) the following:
`(E) a new penalty hearing is necessary due to the inability of the jury to reach a unanimous penalty verdict as required by section 3593(e); or'.
(e) Juries of Less Than 12 Members- Subsection (b) of section 3593 of title 18, United States Code, is amended by striking `unless' and all that follows through the end of the subsection and inserting `unless the court finds good cause, or the parties stipulate, with the approval of the court, a lesser number.'.
(f) Peremptory Challenges- Rule 24(c) of the Federal Rules of Criminal Procedure is amended--
(1) in paragraph (1), by striking `6' and inserting `9'; and
(2) in paragraph (4), by adding at the end the following:
`(C) SEVEN, EIGHT OR NINE ALTERNATES- Four additional peremptory challenges are permitted when seven, eight, or nine alternates are impaneled.'.
U.S. Congress - Text of H.R.1914 as Introduced in House Terrorist Death Penalty Act of 2007
