What This Bill Does
This bill changes the rules for death penalty cases in federal court. It requires a new jury to be chosen if the first jury cannot unanimously agree on what sentence a convicted defendant should receive.
Who It Affects
Federal courts handling death penalty cases affect defendants convicted of crimes punishable by death and prosecutors in those cases.
Key Provisions
• If a jury cannot unanimously vote on whether a defendant should receive death, life imprisonment without possibility of release, or a lesser sentence, the court must order a new special hearing and choose a new jury upon request from the government's attorney (Sec. 2(b)).
• If the new jury also fails to reach a unanimous recommendation on sentence, the court must impose a sentence other than death that is allowed by law (Sec. 2(b)).
What Changes
Currently, federal law does not require a new jury when the first jury cannot unanimously recommend a sentence. This bill adds that requirement and specifies what happens if the second jury also cannot agree.
Important Definitions
None defined in the bill text.
II
118TH CONGRESS
1ST SESSION
S. 529
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.
IN THE SENATE OF THE UNITED STATES
FEBRUARY 27, 2023
Mr. CRUZ (for himself, Mr. COTTON, and Mr. BRAUN) introduced the fol-
lowing 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.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as ‘‘Eric’s Law’’.
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•S 529 IS
SEC. 2. REQUIREMENT TO IMPANEL A NEW JURY IN CER-
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TAIN CASES.
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(a) ADDITIONAL GROUND FOR IMPANELING JURY.—
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Section 3593(b)(2) of title 18, United States Code, is
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amended—
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(1) in subparagraph (C), by striking ‘‘or’’ at
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the end; and
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(2) by adding at the end the following:
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‘‘(E) a new special hearing is required pur-
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suant to subsection (g); or’’.
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(b) IMPANELING OF NEW JURY WHEN JURY DOES
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NOT REACH A UNANIMOUS RECOMMENDATION.—Section
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3593 of title 18, United States Code, is amended by add-
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ing at the end the following:
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‘‘(g) SPECIAL RULE WHEN JURY DOES NOT RE-
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TURN A UNANIMOUS RECOMMENDATION.—
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‘‘(1) IN GENERAL.—If a jury described in sub-
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section (b)(1) or subparagraphs (A) through (D) of
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subsection (b)(2) does not, by unanimous vote, make
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a recommendation whether the defendant should be
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sentenced to death, to life imprisonment without
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possibility of release, or some other lesser sentence
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pursuant to subsection (e), the court, upon motion
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of the attorney for the government, shall order a
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new special hearing and impanel a new jury pursu-
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ant to subsection (b).
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•S 529 IS
‘‘(2) IMPOSITION OF SENTENCE.—If the jury
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impaneled pursuant to paragraph (1) does not reach
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a unanimous recommendation as to sentence, the
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court shall impose a sentence other than death au-
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thorized by law.’’.
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Æ
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