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This bill would change the federal death penalty process by requiring a new jury hearing if the first jury cannot unanimously agree on a sentence. In cases where a person has been convicted of a crime that could be punished by death, the jury must decide by unanimous vote whether the sentence should be death, life in prison without release, or a lesser sentence allowed by law. If the jury cannot reach that unanimous decision, the government could ask the court to start over with a new special hearing and a new jury. If that second jury also cannot agree, the judge would then have to give a sentence other than death that is allowed under the law.
- Applies to federal criminal cases where the death penalty is an option.
- If the first jury cannot unanimously recommend a sentence, the government may request a new special hearing with a different jury.
- If the new jury still cannot agree on a sentence, the court must impose a non-death sentence allowed by law.
- The bill is called “Eric’s Law.”
Official Summaries
Eric's Law
This bill modifies procedures with respect to capital sentencing hearings.
If a jury at a capital sentencing hearing does not reach a unanimous recommendation on the defendant's sentence and there is a motion by the attorney for the government, the court must order a new special sentencing hearing and impanel a new jury. If the new jury at the special sentencing hearing does not reach a unanimous recommendation on the defendant's sentence, then the court is prohibited from imposing a death sentence.
Current Full Text
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1556 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 1556
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
February 25, 2025
Mr. Bresnahan (for himself, Mr. Thompson of Pennsylvania, and Mr.
Reschenthaler) introduced the following bill; which was 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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as ``Eric's Law''.
SEC. 2. REQUIREMENT TO IMPANEL A NEW JURY IN CERTAIN CASES.
(a) Additional Ground for Impaneling Jury.--Section 3593(b)(2) of
title 18, United States Code, is amended--
(1) in subparagraph (C), by striking ``or'' at the end; and
(2) by adding at the end the following:
``(E) a new special hearing is required pursuant to
subsection (g); or''.
(b) Impaneling of New Jury When Jury Does Not Reach a Unanimous
Recommendation.--Section 3593 of title 18, United States Code, is
amended by adding at the end the following:
``(g) Special Rule When Jury Does Not Return a Unanimous
Recommendation.--
``(1) In general.--If a jury described in subsection (b)(1)
or subparagraphs (A) through (D) of subsection (b)(2) does not,
by unanimous vote, make a recommendation whether the defendant
should be sentenced to death, to life imprisonment without
possibility of release, or some other lesser sentence pursuant
to subsection (e), the court, upon motion of the attorney for
the government, shall order a new special hearing and impanel a
new jury pursuant to subsection (b).
``(2) Imposition of sentence.--If the jury impaneled
pursuant to paragraph (1) does not reach a unanimous
recommendation as to sentence, the court shall impose a
sentence other than death authorized by law.''.
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