S 447 ISCommentsClose CommentsPermalink

To abolish the death penalty under Federal law.CommentsClose CommentsPermalink

January 31, 2007

Mr. FEINGOLD introduced the following bill; which was read twice and referred to the Committee on the JudiciaryCommentsClose CommentsPermalink

To abolish the death penalty under Federal law.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `Federal Death Penalty Abolition Act of 2007'.CommentsClose CommentsPermalink

SEC. 2. REPEAL OF FEDERAL LAWS PROVIDING FOR THE DEATH PENALTY.

(a) Homicide-Related Offenses-CommentsClose CommentsPermalink





(1) MURDER RELATED TO THE SMUGGLING OF ALIENS- Section 274(a)(1)(B)(iv) of the Immigration and Nationality Act (8 U.S.C. 1324(a)(1)(B)(iv)) is amended by striking `punished by death or'.CommentsClose CommentsPermalink





(2) DESTRUCTION OF AIRCRAFT, MOTOR VEHICLES, OR RELATED FACILITIES RESULTING IN DEATH- Section 34 of title 18, United States Code, is amended by striking `to the death penalty or'.CommentsClose CommentsPermalink





(3) MURDER COMMITTED DURING A DRUG-RELATED DRIVE-BY SHOOTING- Section 36(b)(2)(A) of title 18, United States Code, is amended by striking `death or'.CommentsClose CommentsPermalink





(4) MURDER COMMITTED AT AN AIRPORT SERVING 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'.CommentsClose CommentsPermalink





(5) MURDER COMMITTED USING CHEMICAL WEAPONS- Section 229A(a)(2) of title 18, United States Code, is amended--CommentsClose CommentsPermalink





(A) in the paragraph heading, by striking `DEATH PENALTY' and inserting `CAUSING DEATH'; andCommentsClose CommentsPermalink





(B) by striking `punished by death or'.CommentsClose CommentsPermalink





(6) CIVIL RIGHTS OFFENSES RESULTING IN DEATH- Chapter 13 of title 18, United States Code, is amended--CommentsClose CommentsPermalink





(A) in section 241, by striking `, or may be sentenced to death';CommentsClose CommentsPermalink





(B) in section 242, by striking `, or may be sentenced to death';CommentsClose CommentsPermalink





(C) in section 245(b), by striking `, or may be sentenced to death'; andCommentsClose CommentsPermalink





(D) in section 247(d)(1), by striking `, or may be sentenced to death'.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) in subsection (b)--CommentsClose CommentsPermalink





(i) by striking `(1)'; andCommentsClose CommentsPermalink





(ii) by striking `, or (2) by death' and all that follows through the end of the subsection and inserting a period; andCommentsClose CommentsPermalink





(B) in subsection (d)--CommentsClose CommentsPermalink





(i) by striking `(1)'; andCommentsClose CommentsPermalink





(ii) by striking `, or (2) by death' and all that follows through the end of the subsection and inserting a period.CommentsClose CommentsPermalink





(8) DEATH RESULTING FROM OFFENSES INVOLVING TRANSPORTATION OF EXPLOSIVES, DESTRUCTION OF GOVERNMENT PROPERTY, OR DESTRUCTION OF PROPERTY RELATED TO FOREIGN OR INTERSTATE COMMERCE- Section 844 of title 18, United States Code, is amended--CommentsClose CommentsPermalink





(A) in subsection (d), by striking `or to the death penalty';CommentsClose CommentsPermalink





(B) in subsection (f)(3), by striking `subject to the death penalty, or';CommentsClose CommentsPermalink





(C) in subsection (i), by striking `or to the death penalty'; andCommentsClose CommentsPermalink





(D) in subsection (n), by striking `(other than the penalty of death)'.CommentsClose CommentsPermalink





(9) MURDER COMMITTED BY USE OF A FIREARM 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--CommentsClose CommentsPermalink





(A) in subsection (c)(5)(B)(i), by striking `punished by death or'; andCommentsClose CommentsPermalink





(B) in subsection (j)(1), by striking `by death or'.CommentsClose CommentsPermalink





(10) GENOCIDE- Section 1091(b)(1) of title 18, United States Code, is amended by striking `death or'.CommentsClose CommentsPermalink





(11) FIRST DEGREE MURDER- Section 1111(b) of title 18, United States Code, is amended by striking `by death or'.CommentsClose CommentsPermalink





(12) MURDER BY A FEDERAL PRISONER- Section 1118 of title 18, United States Code, is amended--CommentsClose CommentsPermalink





(A) in subsection (a), by striking `by death or'; andCommentsClose CommentsPermalink





(B) in subsection (b), in the third undesignated paragraph--CommentsClose CommentsPermalink





(i) by inserting `or' before `an indeterminate'; andCommentsClose CommentsPermalink





(ii) by striking `, or an unexecuted sentence of death'.CommentsClose CommentsPermalink





(13) MURDER OF A STATE OR LOCAL LAW ENFORCEMENT 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--CommentsClose CommentsPermalink





(A) in subsection (a), by striking `by sentence of death or'; andCommentsClose CommentsPermalink





(B) in subsection (b)(1), by striking `or death'.CommentsClose CommentsPermalink





(14) MURDER DURING A KIDNAPING- Section 1201(a) of title 18, United States Code, is amended by striking `death or'.CommentsClose CommentsPermalink





(15) MURDER DURING A HOSTAGE-TAKING- Section 1203(a) of title 18, United States Code, is amended by striking `death or'.CommentsClose CommentsPermalink





(16) MURDER WITH THE INTENT OF PREVENTING TESTIMONY BY A WITNESS, VICTIM, OR INFORMANT- Section 1512(a)(2)(A) of title 18, United States Code, is amended by striking `the death penalty or'.CommentsClose CommentsPermalink





(17) MAILING OF INJURIOUS ARTICLES WITH INTENT TO KILL OR RESULTING IN DEATH- Section 1716(j)(3) of title 18, United States Code, is amended by striking `to the death penalty or'.CommentsClose CommentsPermalink





(18) ASSASSINATION OR KIDNAPING RESULTING IN THE DEATH OF THE PRESIDENT OR VICE PRESIDENT- Section 1751 of title 18, United States Code, is amended--CommentsClose CommentsPermalink





(A) in subsection (b)--CommentsClose CommentsPermalink





(i) by striking `(1)'; andCommentsClose CommentsPermalink





(ii) by striking `, or (2) by death' and all that follows through the end of the subsection and inserting a period; andCommentsClose CommentsPermalink





(B) in subsection (d)--CommentsClose CommentsPermalink





(i) by striking `(1)'; andCommentsClose CommentsPermalink





(ii) by striking `, or (2) by death' and all that follows through the end of the subsection and inserting a period.CommentsClose CommentsPermalink





(19) MURDER FOR HIRE- Section 1958(a) of title 18, United States Code, is amended by striking `death or'.CommentsClose CommentsPermalink





(20) MURDER INVOLVED IN A RACKETEERING OFFENSE- Section 1959(a)(1) of title 18, United States Code, is amended by striking `death or'.CommentsClose CommentsPermalink





(21) WILLFUL WRECKING OF A TRAIN RESULTING IN DEATH- Section 1992 of title 18, United States Code, is amended--CommentsClose CommentsPermalink





(A) in subsection (a), in the matter following paragraph (10), by striking `or subject to death,'; andCommentsClose CommentsPermalink





(B) in subsection (b), in the matter following paragraph (3), by striking `, and if the offense resulted in the death of any person, the person may be sentenced to death'.CommentsClose CommentsPermalink





(22) BANK ROBBERY-RELATED MURDER OR KIDNAPING- Section 2113(e) of title 18, United States Code, is amended by striking `death or'.CommentsClose CommentsPermalink





(23) MURDER RELATED TO A CARJACKING- Section 2119(3) of title 18, United States Code, is amended by striking `, or sentenced to death'.CommentsClose CommentsPermalink





(24) 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,'.CommentsClose CommentsPermalink





(25) MURDER RELATED TO SEXUAL ABUSE- Section 2245 of title 18, United States Code, is amended by striking `punished by death or'.CommentsClose CommentsPermalink





(26) MURDER RELATED TO SEXUAL EXPLOITATION OF CHILDREN- Section 2251(e) of title 18, United States Code, is amended by striking `punished by death or'.CommentsClose CommentsPermalink





(27) MURDER COMMITTED DURING AN OFFENSE AGAINST MARITIME NAVIGATION- Section 2280(a)(1) of title 18, United States Code, is amended by striking `punished by death or'.CommentsClose CommentsPermalink





(28) MURDER COMMITTED DURING AN OFFENSE AGAINST A MARITIME FIXED PLATFORM- Section 2281(a)(1) of title 18, United States Code, is amended by striking `punished by death or'.CommentsClose CommentsPermalink





(29) MURDER USING DEVICES OR DANGEROUS SUBSTANCES IN WATERS OF THE UNITED STATES- Section 2282A of title 18, United States Code, is amended--CommentsClose CommentsPermalink





(A) by striking subsection (b); andCommentsClose CommentsPermalink





(B) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively.CommentsClose CommentsPermalink





(30) MURDER INVOLVING THE TRANSPORTATION OF EXPLOSIVE, BIOLOGICAL, CHEMICAL, OR RADIOACTIVE OR NUCLEAR MATERIALS- Section 2283 of title 18, United States Code, is amended--CommentsClose CommentsPermalink





(A) by striking subsection (b); andCommentsClose CommentsPermalink





(B) by redesignating subsection (c) as subsection (b).CommentsClose CommentsPermalink





(31) 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'.CommentsClose CommentsPermalink





(32) 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'.CommentsClose CommentsPermalink





(33) MURDER BY THE USE OF A WEAPON OF MASS DESTRUCTION- Section 2332a of title 18, United States Code, is amended--CommentsClose CommentsPermalink





(A) in subsection (a), in the matter following paragraph (4), by striking `, and if death results shall be punished by death' and all that follows through the end of the subsection and inserting a period; andCommentsClose CommentsPermalink





(B) in subsection (b), by striking `, and if death results shall be punished by death' and all that follows through the end of the subsection and inserting a period.CommentsClose CommentsPermalink





(34) MURDER BY ACT OF TERRORISM TRANSCENDING NATIONAL BOUNDARIES- Section 2332b(c)(1)(A) of title 18, United States Code, is amended by striking `by death, or'.CommentsClose CommentsPermalink





(35) MURDER INVOLVING TORTURE- Section 2340A(a) of title 18, United States Code, is amended by striking `punished by death or'.CommentsClose CommentsPermalink





(36) MURDER INVOLVING A WAR CRIME- Section 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'.CommentsClose CommentsPermalink





(37) 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 Substances Act (21 U.S.C. 848(e)) is amended--CommentsClose CommentsPermalink





(A) in the subsection heading, by striking `Death Penalty' and inserting `Intentional Killing'; andCommentsClose CommentsPermalink





(B) in paragraph (1)--CommentsClose CommentsPermalink





(i) subparagraph (A), by striking `, or may be sentenced to death'; andCommentsClose CommentsPermalink





(ii) in subparagraph (B), by striking `, or may be sentenced to death'.CommentsClose CommentsPermalink





(38) DEATH RESULTING FROM AIRCRAFT HIJACKING- Section 46502 of title 49, United States Code, is amended--CommentsClose CommentsPermalink





(A) in subsection (a)(2)(B), by striking `put to death or'; andCommentsClose CommentsPermalink





(B) in subsection (b)(1)(B), by striking `put to death or'.CommentsClose CommentsPermalink





(b) Non-Homicide Related Offenses-CommentsClose CommentsPermalink





(1) ESPIONAGE- Section 794(a) of title 18, United States Code, is amended by striking `punished by death or' and all that follows before the period and inserting `imprisoned for any term of years or for life'.CommentsClose CommentsPermalink





(2) TREASON- Section 2381 of title 18, United States Code, is amended by striking `shall suffer death, or'.CommentsClose CommentsPermalink





(c) Title 10-CommentsClose CommentsPermalink





(1) OFFENSES-CommentsClose CommentsPermalink





(A) CONSPIRACY- Section 881(b) of title 10, United States Code (article 81(b) of the Uniform Code of Military Justice), is amended by striking `, if death results' and all that follows through the end and inserting `as a court-martial or military commission may direct.'.CommentsClose CommentsPermalink





(B) DESERTION- Section 885(c) of title 10, United States Code (article 85(c)), is amended by striking `, if the offense is committed in time of war' and all that follows through the end and inserting `as a court-martial may direct.'.CommentsClose CommentsPermalink





(C) ASSAULTING OR WILLFULLY DISOBEYING SUPERIOR COMMISSIONED OFFICER- Section 890 of title 10, United States Code (article 90), is amended by striking `, if the offense is committed in time of war' and all that follows and inserting `as a court-martial may direct.'.CommentsClose CommentsPermalink





(D) MUTINY OR SEDITION- Section 894(b) of title 10, United States Code (article 94(b)), is amended by striking `by death or such other punishment'.CommentsClose CommentsPermalink





(E) MISBEHAVIOR BEFORE THE ENEMY- Section 899 of title 10, United States Code (article 99), is amended by striking `by death or such other punishment'.CommentsClose CommentsPermalink





(F) SUBORDINATE COMPELLING SURRENDER- Section 900 of title 10, United States Code (article 100), is amended by striking `by death or such other punishment'.CommentsClose CommentsPermalink





(G) IMPROPER USE OF COUNTERSIGN- Section 901 of title 10, United States Code (article 101), is amended by striking `by death or such other punishment'.CommentsClose CommentsPermalink





(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.'.CommentsClose CommentsPermalink





(I) AIDING THE ENEMY- Section 904 of title 10, United States Code (article 104), is amended by striking `suffer death or such other punishment as a court-martial or military commission may direct' and inserting `be punished as a court-martial or military commission may direct'.CommentsClose CommentsPermalink





(J) SPIES- Section 906 of title 10, United States Code (article 106), is amended by striking `by death' and inserting `by imprisonment for life'.CommentsClose CommentsPermalink





(K) ESPIONAGE- Section 906a of title 10, United States Code (article 106a), is amended--CommentsClose CommentsPermalink





(i) by striking subsections (b) and (c);CommentsClose CommentsPermalink





(ii) by redesignating paragraphs (2) and (3) of subsection (a) as subsections (b) and (c), respectively;CommentsClose CommentsPermalink





(iii) in subsection (a)--CommentsClose CommentsPermalink





(I) by striking `(1)';CommentsClose CommentsPermalink





(II) by striking `paragraph (2)' and inserting `subsection (b)';CommentsClose CommentsPermalink





(III) by striking `paragraph (3)' and inserting `subsection (c)'; andCommentsClose CommentsPermalink





(IV) by striking `as a court-martial may direct,' and all that follows and inserting `as a court-martial may direct.';CommentsClose CommentsPermalink





(iv) in subsection (b), as so redesignated--CommentsClose CommentsPermalink





(I) by striking `paragraph (1)' and inserting `subsection (a)'; andCommentsClose CommentsPermalink





(II) by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively; andCommentsClose CommentsPermalink





(v) in subsection (c), as so redesignated, by striking `paragraph (1)' and inserting `subsection (a)'.CommentsClose CommentsPermalink





(L) IMPROPER HAZARDING OF VESSEL- The text of section 910 of title 10, United States Code (article 110), is amended to read as follows:CommentsClose CommentsPermalink





`Any person subject to this chapter who willfully and wrongfully, or negligently, hazards or suffers to be hazarded any vessel of the Armed Forces shall be punished as a court-martial may direct.'.CommentsClose CommentsPermalink





(M) MISBEHAVIOR OF SENTINEL- Section 913 of title 10, United States Code (article 113), is amended by striking `, if the offense is committed in time of war' and all that follows and inserting `as a court-martial may direct.'.CommentsClose CommentsPermalink





(N) MURDER- Section 918 of title 10, United States Code (article 118), is amended by striking `death or imprisonment for life as a court-martial may direct' and inserting `imprisonment for life'.CommentsClose CommentsPermalink





(O) DEATH OR INJURY OF AN UNBORN CHILD- Section 919a(a) of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(i) in paragraph (1), by striking `, other than death,'; andCommentsClose CommentsPermalink





(ii) by striking paragraph (4).CommentsClose CommentsPermalink





(P) RAPE- Section 920(a) of title 10, United States Code (article 120(a)), is amended by striking `by death or such other punishment'.CommentsClose CommentsPermalink





(Q) CRIMES TRIABLE BY MILITARY COMMISSION- Section 950v(b) of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(i) in paragraph (1), by striking `by death or such other punishment';CommentsClose CommentsPermalink





(ii) in paragraph (2), by striking `, if death results' and all that follows and inserting `as a military commission under this chapter may direct.';CommentsClose CommentsPermalink





(iii) in paragraph (7), by striking `, if death results' and all that follows and inserting `as a military commission under this chapter may direct.';CommentsClose CommentsPermalink





(iv) in paragraph (8), by striking `, if death results' and all that follows and inserting `as a military commission under this chapter may direct.';CommentsClose CommentsPermalink





(v) in paragraph (9), by striking `, if death results' and all that follows and inserting `as a military commission under this chapter may direct.';CommentsClose CommentsPermalink





(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.';CommentsClose CommentsPermalink





(vii) in paragraph (12)(A), by striking `, if death results' and all that follows and inserting `as a military commission under this chapter may direct.';CommentsClose CommentsPermalink





(viii) in paragraph (13)(A), by striking `, if death results' and all that follows and inserting `as a military commission under this chapter may direct.';CommentsClose CommentsPermalink





(ix) in paragraph (14), by striking `, if death results' and all that follows and inserting `as a military commission under this chapter may direct.';CommentsClose CommentsPermalink





(x) in paragraph (15), by striking `by death or such other punishment';CommentsClose CommentsPermalink





(xi) in paragraph (17), by striking `, if death results' and all that follows and inserting `as a military commission under this chapter may direct.';CommentsClose CommentsPermalink





(xii) in paragraph (23), by striking `, if death results' and all that follows and inserting `as a military commission under this chapter may direct.';CommentsClose CommentsPermalink





(xiii) in paragraph (24), by striking `, if death results' and all that follows and inserting `as a military commission under this chapter may direct.';CommentsClose CommentsPermalink





(xiv) in paragraph (27), by striking `by death or such other punishment'; andCommentsClose CommentsPermalink





(xv) in paragraph (28), by striking `, if death results' and all that follows and inserting `as a military commission under this chapter may direct.'.CommentsClose CommentsPermalink





(2) JURISDICTIONAL AND PROCEDURAL MATTERS-CommentsClose CommentsPermalink





(A) DISMISSED OFFICER'S RIGHT TO TRIAL BY COURT-MARTIAL- Section 804(a) of title 10, United States Code (article 4(a) of the Uniform Code of Military Justice), is amended by striking `or death'.CommentsClose CommentsPermalink





(B) COURTS-MARTIAL CLASSIFIED- Section 816(1)(A) of title 10, United States Code (article 10(1)(A)), is amended by striking `or, in a case in which the accused may be sentenced to a penalty of death' and all that follows through `(article 25a)'.CommentsClose CommentsPermalink





(C) JURISDICTION OF GENERAL COURTS-MARTIAL- Section 818 of title 10, United States Code (article 18), is amended--CommentsClose CommentsPermalink





(i) in the first sentence by striking `including the penalty of death when specifically authorized by this chapter' and inserting `except death'; andCommentsClose CommentsPermalink





(ii) by striking the third sentence.CommentsClose CommentsPermalink





(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 offense' and all that follows and inserting `for any offense made punishable by this chapter.'.CommentsClose CommentsPermalink





(E) JURISDICTION OF SUMMARY COURTS-MARTIAL- Section 820 of title 10, United States Code (article 20), is amended in the first sentence by striking `noncapital'.CommentsClose CommentsPermalink





(F) NUMBER OF MEMBERS IN CAPITAL CASES-CommentsClose CommentsPermalink





(i) IN GENERAL- Section 825a of title 10, United States Code (article 25a), is repealed.CommentsClose CommentsPermalink





(ii) CLERICAL AMENDMENT- The table of sections at the beginning of subchapter V of chapter 47 of title 10, United States Code, is amended by striking the item relating to section 825a (article 25a).CommentsClose CommentsPermalink





(G) ABSENT AND ADDITIONAL MEMBERS- Section 829(b)(2) of title 10, United States Code (article 29(b)(2)), is amended by striking `or, in a case in which the death penalty may be adjudged' and all that follows and inserting a period.CommentsClose CommentsPermalink





(H) STATUTE OF LIMITATIONS- Subsection (a) of section 843 of title 10, United States Code (article 43), is amended to read as follows:CommentsClose CommentsPermalink





`(a)(1) A person charged with an offense described in paragraph (2) may be tried and punished at any time without limitation.CommentsClose CommentsPermalink





`(2) An offense described in this paragraph is any offense as follows:CommentsClose CommentsPermalink





`(A) Absence without leave or missing movement in time of war.CommentsClose CommentsPermalink





`(B) Murder.CommentsClose CommentsPermalink





`(C) Rape.CommentsClose CommentsPermalink





`(D) A violation of section 881 of this title (article 81) that results in death to one or more of the victims.CommentsClose CommentsPermalink





`(E) Desertion or attempt to desert in time of war.CommentsClose CommentsPermalink





`(F) A violation of section 890 of this title (article 90) committed in time of war.CommentsClose CommentsPermalink





`(G) Attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or sedition.CommentsClose CommentsPermalink





`(H) A violation of section 899 of this title (article 99).CommentsClose CommentsPermalink





`(I) A violation of section 900 of this title (article 100).CommentsClose CommentsPermalink





`(J) A violation of section 901 of this title (article 101).CommentsClose CommentsPermalink





`(K) A violation of section 902 of this title (article 102).CommentsClose CommentsPermalink





`(L) A violation of section 904 of this title (article 104).CommentsClose CommentsPermalink





`(M) A violation of section 906 of this title (article 106).CommentsClose CommentsPermalink





`(N) A violation of section 906a of this title (article 106a).CommentsClose CommentsPermalink





`(O) A violation of section 910 of this title (article 110) in which the person subject to this chapter willfully and wrongfully hazarded or suffered to be hazarded any vessel of the Armed Forces.CommentsClose CommentsPermalink





`(P) A violation of section 913 of this title (article 113) committed in time of war.'.CommentsClose CommentsPermalink





(I) PLEAS OF ACCUSED- Section 845(b) of title 10, United States Code (article 45(b)), is amended--CommentsClose CommentsPermalink





(i) by striking the first sentence; andCommentsClose CommentsPermalink





(ii) by striking `With respect to any other charge' and inserting `With respect to any charge'.CommentsClose CommentsPermalink





(J) DEPOSITIONS- Section 849 of title 10, United States Code (article 49), is amended--CommentsClose CommentsPermalink





(i) in subsection (d), by striking `in any case not capital'; andCommentsClose CommentsPermalink





(ii) by striking subsections (e) and (f).CommentsClose CommentsPermalink





(K) ADMISSIBILITY OF RECORDS OF COURTS OF INQUIRY- Section 850 of title 10, United States Code (article 50), is amended--CommentsClose CommentsPermalink





(i) in subsection (a), by striking `not capital and'; andCommentsClose CommentsPermalink





(ii) in subsection (b), by striking `capital cases or'.CommentsClose CommentsPermalink





(L) NUMBER OF VOTES REQUIRED FOR CONVICTION AND SENTENCING BY COURT-MARTIAL- Section 852 of title 10, United States Code (article 52), is amended--CommentsClose CommentsPermalink





(i) in subsection (a)--CommentsClose CommentsPermalink





(I) by striking paragraph (1);CommentsClose CommentsPermalink





(II) by redesignating paragraph (2) as subsection (a); andCommentsClose CommentsPermalink





(III) by striking `any other offense' and inserting `any offense'; andCommentsClose CommentsPermalink





(ii) in subsection (b)--CommentsClose CommentsPermalink





(I) by striking paragraph (1); andCommentsClose CommentsPermalink





(II) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively.CommentsClose CommentsPermalink





(M) RECORD OF TRIAL- Section 854(c)(1)(A) of title 10, United States Code (article 54(c)(1)(A)), is amended by striking `death,'.CommentsClose CommentsPermalink





(N) FORFEITURE OF PAY AND ALLOWANCES DURING CONFINEMENT- Section 858b(a)(2)(A) of title 10, United States Code (article 58b(a)(2)(A)), is amended by striking `or death'.CommentsClose CommentsPermalink





(O) WAIVER OR WITHDRAWAL OF APPEAL- Section 861 of title 10, United States Code (article 61), is amended--CommentsClose CommentsPermalink





(i) in subsection (a), by striking `except a case in which the sentence as approved under section 860(c) of this title (article 60(c)) includes death,'; andCommentsClose CommentsPermalink





(ii) in subsection (b), by striking `Except in a case in which the sentence as approved under section 860(c) of this title (article 60(c)) includes death, the accused' and inserting `The accused'.CommentsClose CommentsPermalink





(P) REVIEW BY COURT OF CRIMINAL APPEALS- Section 866(b) of title 10, United States Code (article 66(b)), is amended--CommentsClose CommentsPermalink





(i) in the matter preceding paragraph (1), by inserting `in which' after `court-martial';CommentsClose CommentsPermalink





(ii) in paragraph (1), by striking `in which the sentence, as approved, extends to death,' and inserting `the sentence, as approved, extends to'; andCommentsClose CommentsPermalink





(iii) in paragraph (2), by striking `except in the case of a sentence extending to death,'.CommentsClose CommentsPermalink





(Q) REVIEW BY COURT OF APPEALS FOR THE ARMED FORCES- Section 867(a) of title 10, United States Code (article 67(a)), is amended--CommentsClose CommentsPermalink





(i) by striking paragraph (1); andCommentsClose CommentsPermalink





(ii) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively.CommentsClose CommentsPermalink





(R) EXECUTION OF SENTENCE- Section 871 of title 10, United States Code (article 71), is amended--CommentsClose CommentsPermalink





(i) by striking subsection (a);CommentsClose CommentsPermalink





(ii) by redesignating subsection (b) as subsection (a);CommentsClose CommentsPermalink





(iii) by striking subsection (c) and inserting the following:CommentsClose CommentsPermalink





`(b)(1) If a sentence extends to dismissal or a dishonorable or bad conduct discharge and if the right of the accused to appellate review is not waived, and an appeal is not withdrawn, under section 861 of this title (article 61), that part of the sentence extending to dismissal or a dishonorable or bad conduct discharge may not be executed until there is a final judgment as to the legality of the proceedings (and with respect to dismissal, approval under subsection (a)). A judgment as to legality of the proceedings is final in such cases when review is completed by a Court of Criminal Appeals and--CommentsClose CommentsPermalink





`(A) the time for the accused to file a petition for review by the Court of Appeals for the Armed Forces has expired and the accused has not filed a timely petition for such review and the case is not otherwise under review by that Court;CommentsClose CommentsPermalink





`(B) such a petition is rejected by the Court of Appeals for the Armed Forces; orCommentsClose CommentsPermalink





`(C) review is completed in accordance with the judgment of the Court of Appeals for the Armed Forces and--CommentsClose CommentsPermalink





`(i) a petition for a writ of certiorari is not filed within the time limits prescribed by the Supreme Court;CommentsClose CommentsPermalink





`(ii) such a petition is rejected by the Supreme Court; orCommentsClose CommentsPermalink





`(iii) review is otherwise completed in accordance with the judgment of the Supreme Court.CommentsClose CommentsPermalink





`(2) If a sentence extends to dismissal or a dishonorable or bad conduct discharge and if the right of the accused to appellate review is waived, or an appeal is withdrawn, under section 861 of this title (article 61), that part of the sentence extending to dismissal or a bad conduct or dishonorable discharge may not be executed until review of the case by a judge advocate (and any action on that review) under section 864 of this title (article 64) is completed. Any other part of a court-martial sentence may be ordered executed by the convening authority or other person acting on the case under section 860 of this title (article 60) when approved by him under that section.';CommentsClose CommentsPermalink





(iv) by redesignating subsection (d) as subsection (c); andCommentsClose CommentsPermalink





(v) in subsection (c), as so redesignated, by striking `, except a sentence of death'.CommentsClose CommentsPermalink





(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'CommentsClose CommentsPermalink





(T) JURISDICTION OF MILITARY COMMISSIONS- Section 948d(d) of title 10, United States Code, is amended by striking `including the penalty of death' and all that follows and inserting `except death.'.CommentsClose CommentsPermalink





(U) NUMBER OF MEMBERS OF MILITARY COMMISSIONS- Subsection (a) of section 948m of title 10, United States Code, is amended to read as follows:CommentsClose CommentsPermalink





`(a) Number of Members- A military commission under this chapter shall have at least 5 members.'.CommentsClose CommentsPermalink





(V) NUMBER OF VOTES REQUIRED FOR SENTENCING BY MILITARY COMMISSION- Section 949m of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(i) in subsection (b)--CommentsClose CommentsPermalink





(I) by striking paragraph (1); andCommentsClose CommentsPermalink





(II) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively; andCommentsClose CommentsPermalink





(ii) by striking subsection (c).CommentsClose CommentsPermalink





(W) APPELLATE REFERRAL FOR MILITARY COMMISSIONS- Section 950c of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(i) in subsection (b)(1), by striking `except a case in which the sentence as approved under section 950b of this title extends to death,'; andCommentsClose CommentsPermalink





(ii) in subsection (c), by striking `Except in a case in which the sentence as approved under section 950b of this title extends to death, the accused' and inserting `The accused'.CommentsClose CommentsPermalink





(X) EXECUTION OF SENTENCE BY MILITARY COMMISSIONS-CommentsClose CommentsPermalink





(i) IN GENERAL- Section 950i of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(I) in the section heading, by striking `; procedures for execution of sentence of death';CommentsClose CommentsPermalink





(II) by striking subsections (b) and (c);CommentsClose CommentsPermalink





(III) by redesignating subsection (d) as subsection (b); andCommentsClose CommentsPermalink





(IV) in subsection (b), as so redesignated, by striking `, except a sentence of death'.CommentsClose CommentsPermalink





(ii) CLERICAL AMENDMENT- The table of sections at the beginning of subchapter VI of chapter 47A of title 10, United States Code, is amended by striking the item relating to section 950i and inserting the following new item:CommentsClose CommentsPermalink





`950i. Execution of sentence.'.CommentsClose CommentsPermalink





(d) Conforming Amendments-CommentsClose CommentsPermalink





(1) REPEAL OF CRIMINAL PROCEDURES RELATING TO IMPOSITION OF DEATH SENTENCE-CommentsClose CommentsPermalink





(A) IN GENERAL- Chapter 228 of title 18, United States Code, is repealed.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) OTHER PROVISIONS-CommentsClose CommentsPermalink





(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'.CommentsClose CommentsPermalink





(B) RELEASE AND DETENTION PENDING JUDICIAL PROCEEDINGS- Chapter 207 of title 18, United States Code, is amended--CommentsClose CommentsPermalink





(i) in section 3142(f)(1)(B), by striking `or death'; andCommentsClose CommentsPermalink





(ii) in section 3146(b)(1)(A)(i), by striking `death, life imprisonment,' and inserting `life imprisonment'.CommentsClose CommentsPermalink





(C) VENUE IN CAPITAL CASES- Chapter 221 of title 18, United States Code, is amended--CommentsClose CommentsPermalink





(i) by striking section 3235; andCommentsClose CommentsPermalink





(ii) in the table of sections, by striking the item relating to section 3235.CommentsClose CommentsPermalink





(D) PERIOD OF LIMITATIONS-CommentsClose CommentsPermalink





(i) IN GENERAL- Chapter 213 of title 18, United States Code, is amended by striking section 3281 and inserting the following:CommentsClose CommentsPermalink

`Sec. 3281. Offenses with no period of limitations

`An indictment may be found at any time without limitation for the following offenses:CommentsClose CommentsPermalink





`(1) A violation of section 274(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1324(a)(1)(A)) resulting in the death of any person.CommentsClose CommentsPermalink





`(2) A violation of section 34 of this title.CommentsClose CommentsPermalink





`(3) A violation of section 36(b)(2)(A) of this title.CommentsClose CommentsPermalink





`(4) A violation of section 37(a) of this title that results in the death of any person.CommentsClose CommentsPermalink





`(5) A violation of section 229A(a)(2) of this title.CommentsClose CommentsPermalink





`(6) A violation of section 241, 242, 245(b), or 247(a) of this title that--CommentsClose CommentsPermalink





`(A) results in death; orCommentsClose CommentsPermalink





`(B) involved kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill.CommentsClose CommentsPermalink





`(7) A violation of subsection (b) or (d) of section 351 of this title.CommentsClose CommentsPermalink





`(8) A violation of section 794(a) of this title.CommentsClose CommentsPermalink





`(9) A violation of subsection (d), (f), or (i) of section 844 of this title that results in the death of any person (including any public safety officer performing duties as a direct or proximate result of conduct prohibited by such subsection).CommentsClose CommentsPermalink





`(10) An offense punishable under subsection (c)(5)(B)(i) or (j)(1) of section 924 of this title.CommentsClose CommentsPermalink





`(11) An offense punishable under section 1091(b)(1) of this title.CommentsClose CommentsPermalink





`(12) A violation of section 1111 of this title that is murder in the first degree.CommentsClose CommentsPermalink





`(13) A violation of section 1118 of this title.CommentsClose CommentsPermalink





`(14) A violation of subsection (a) or (b) of section 1121 of this title.CommentsClose CommentsPermalink





`(15) A violation of section 1201(a) of this title that results in the death of any person.CommentsClose CommentsPermalink





`(16) A violation of section 1203(a) of this title that results in the death of any person.CommentsClose CommentsPermalink





`(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).CommentsClose CommentsPermalink





`(18) An offense punishable under section 1716(j)(3) of this title.CommentsClose CommentsPermalink





`(19) A violation of subsection (b) or (d) of section 1751 of this title.CommentsClose CommentsPermalink





`(20) A violation of section 1958(a) of this title that results in death.CommentsClose CommentsPermalink





`(21) A violation of section 1959(a) of this title that is murder.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(23) A violation of section 2113(e) of this title that results in death.CommentsClose CommentsPermalink





`(24) An offense punishable under section 2119(3) of this title.CommentsClose CommentsPermalink





`(25) An offense punishable under section 2245(a) of this title.CommentsClose CommentsPermalink





`(26) An violation of section 2251 of this title that results in the death of a person.CommentsClose CommentsPermalink





`(27) A violation of section 2280(a)(1) of this title that results in the death of any person.CommentsClose CommentsPermalink





`(28) A violation of section 2281(a)(1) of this title that results in the death of any person.CommentsClose CommentsPermalink





`(29) A violation of section 2282A(a) of this title that causes the death of any person.CommentsClose CommentsPermalink





`(30) A violation of section 2283(a) of this title that causes the death of any person.CommentsClose CommentsPermalink





`(31) An offense punishable under section 2291(d) of this title.CommentsClose CommentsPermalink





`(32) An offense punishable under section 2332(a)(1) of this title.CommentsClose CommentsPermalink





`(33) A violation of subsection (a) or (b) of section 2332a of this title that results in death.CommentsClose CommentsPermalink





`(34) An offense punishable under section 2332b(c)(1)(A) of this title.CommentsClose CommentsPermalink





`(35) A violation of section 2340A(a) of this title that results in the death of any person.CommentsClose CommentsPermalink





`(36) A violation of section 2381 of this title.CommentsClose CommentsPermalink





`(37) A violation of section 2441(a) of this title that results in the death of the victim.CommentsClose CommentsPermalink





`(38) A violation of section 408(e) of the Controlled Substances Act (21 U.S.C. 848(e)).CommentsClose CommentsPermalink





`(39) An offense punishable under subsection (a)(2)(B) or (b)(1)(B) of section 46502 of title 49.'CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





`3281. Offenses with no period of limitations.'.CommentsClose CommentsPermalink

SEC. 3. PROHIBITION ON IMPOSITION OF DEATH SENTENCE.

(a) In General- Notwithstanding any other provision 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.CommentsClose CommentsPermalink





(b) Persons Sentenced Before Date of Enactment- 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 serve a sentence of life imprisonment without the possibility of parole.CommentsClose CommentsPermalink