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This bill would change the rules for federal death penalty sentencing. If a jury hearing a capital case cannot agree unanimously on whether the person should receive the death penalty, life without release, or a lesser sentence, the government could ask the court to bring in a new jury and hold a new sentencing hearing. If the new jury also cannot reach a unanimous decision, the judge would have to give a sentence other than death that is allowed by law.
- If the first jury does not unanimously agree on the sentence, the court must hold a new special sentencing hearing with a new jury, if the government asks for one.
- The new jury would consider the same sentencing choices: death, life imprisonment without the possibility of release, or a lower lawful sentence.
- If the second jury still cannot reach a unanimous recommendation, the judge must sentence the person to a non-death penalty allowed by law.
- The bill would be known as “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]
[S. 718 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 718
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 25, 2025
Mr. Cruz (for himself and Mr. Ricketts) 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 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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