Eric’s Law

II 116TH CONGRESS 1ST SESSION S. 2264 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 JULY 25, 2019 Mr. TOOMEY (for himself, Mr. BRAUN, Mr. CORNYN, Mr. COTTON, 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. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as ‘‘Eric’s Law’’. 4 VerDate Sep 11 2014 04:19 Jul 27, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2264.IS S2264 kjohnson on DSK79L0C42 with BILLS 2 •S 2264 IS SEC. 2. REQUIREMENT TO IMPANEL A NEW JURY IN CER- 1 TAIN CASES. 2 (a) ADDITIONAL GROUND FOR IMPANELING JURY.— 3 Section 3593(b)(2) of title 18, United States Code, is 4 amended— 5 (1) in subparagraph (C), by striking ‘‘or’’ at 6 the end; and 7 (2) by adding at the end the following: 8 ‘‘(E) a new special hearing is required pur- 9 suant to subsection (g); or’’. 10 (b) IMPANELING OF NEW JURY WHEN JURY DOES 11 NOT REACH A UNANIMOUS RECOMMENDATION.—Section 12 3593 of title 18, United States Code, is amended by add- 13 ing at the end the following: 14 ‘‘(g) SPECIAL RULE WHEN JURY DOES NOT RE- 15 TURN A UNANIMOUS RECOMMENDATION.— 16 ‘‘(1) IN GENERAL.—If a jury described in sub- 17 section (b)(1) or subparagraphs (A) through (D) of 18 subsection (b)(2) does not, by unanimous vote, make 19 a recommendation whether the defendant should be 20 sentenced to death, to life imprisonment without 21 possibility of release, or some other lesser sentence 22 pursuant to subsection (e), the court, upon motion 23 of the attorney for the government, shall order a 24 new special hearing and impanel a new jury pursu- 25 ant to subsection (b). 26 VerDate Sep 11 2014 04:19 Jul 27, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2264.IS S2264 kjohnson on DSK79L0C42 with BILLS 3 •S 2264 IS ‘‘(2) IMPOSITION OF SENTENCE.—If the jury 1 impaneled pursuant to paragraph (1) does not reach 2 a unanimous recommendation as to sentence, the 3 court shall impose a sentence other than death au- 4 thorized by law.’’. 5 Æ VerDate Sep 11 2014 04:19 Jul 27, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\S2264.IS S2264 kjohnson on DSK79L0C42 with BILLS