Eric’s Law

I 118TH CONGRESS 1ST SESSION H. R. 3449 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 HOUSE OF REPRESENTATIVES MAY 17, 2023 Mr. THOMPSON of Pennsylvania (for himself and Mr. CARTWRIGHT) intro- duced the following bill; which was referred to the Committee on the Ju- diciary 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 22:57 Jun 09, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3449.IH H3449 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 3449 IH SEC. 2. REQUIREMENT TO IMPANEL A NEW JURY IN CER- 1 TAIN CASES. 2 (a) ADDITIONAL GROUND FOR IMPANELING JURY.— 3 Section 3593(b)(2) of title 18, United States Code, is 4 amended— 5 (1) by striking ‘‘or’’ at the end of subparagraph 6 (C); and 7 (2) by adding at the end the following: 8 ‘‘(E) a new special hearing is required pur- 9 suant to subsection (g); or’’. 10 (b) IMPANELING OF NEW JURY WHEN JURY DOES 11 NOT REACH A UNANIMOUS RECOMMENDATION.—Section 12 3593 of such title is amended by adding at the end the 13 following: 14 ‘‘(g) SPECIAL RULE FOR INMATES WHEN JURY 15 DOES NOT RETURN A UNANIMOUS RECOMMENDATION.— 16 ‘‘(1) IN GENERAL.—Subject to paragraph (3), 17 if a jury described in subsection (b)(1) or subpara- 18 graphs (A) through (D) of subsection (b)(2) does 19 not, by unanimous vote, make a recommendation 20 whether the defendant should be sentenced to death, 21 life imprisonment without the possibility of release, 22 or some other lesser sentence pursuant to subsection 23 (e), the court, upon motion of the attorney for the 24 government, shall order a new special hearing and 25 impanel a new jury pursuant to subsection (b). 26 VerDate Sep 11 2014 22:57 Jun 09, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3449.IH H3449 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 3449 IH ‘‘(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 ‘‘(3) LIMITATION.—This subsection shall only 6 apply to a defendant who is— 7 ‘‘(A) an inmate serving a life sentence for 8 murder; and 9 ‘‘(B) convicted of another murder while 10 serving such life sentence.’’. 11 Æ VerDate Sep 11 2014 22:57 Jun 09, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H3449.IH H3449 pbinns on DSKJLVW7X2PROD with $$_JOB