[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 851 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 851
To modify the law with respect to the death penalty, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 6, 2007
Mr. Gohmert (for himself, Mr. Smith of Texas, and Mr. Franks of
Arizona) introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To modify the law with respect to the death penalty, and for other
purposes.
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 the ``Death Penalty Reform Act of 2007''.
SEC. 2. AMENDMENTS RELATING TO TITLE 28.
Chapter 153 of title 28, United States Code, is amended--
(1) in section 2254(h) by striking ``section 408 of the
Controlled Substances Act'' and inserting ``section 3599 of
title 18''; and
(2) in section 2255 by striking ``section 408 of the
Controlled Substances Act'' and inserting ``section 3599 of
title 18''.
SEC. 3. AMENDMENTS RELATING TO SECTION 3592 OF TITLE 18.
Section 3592 of title 18, United States Code, is amended--
(1) in subsection (a), by inserting ``for which notice has
been provided'' after ``factor'';
(2) in subsection (c)(1)--
(A) by inserting ``section 241 (conspiracy against
rights), section 245 (federally protected activities),
section 247 (interference with religious exercise)''
after ``section 37 (violence at international
airports),''; and
(B) by inserting ``section 1512 (tampering with a
witness, victim, or an informant), section 1513
(retaliating against a witness, victim, or an
informant),'' after ``section 1203 (hostage taking),'';
(3) in subsection (c)(2)--
(A) by striking ``For any offense, other than an
offense for which a sentence of death is sought on the
basis of section 924(c), the'' and inserting ``The'';
and
(B) by striking ``previously'' and inserting ``, in
a prior adjudication,'';
(4) in subsection (c)(8)--
(A) by striking ``or''; and
(B) by inserting ``or in order to retain illegal
possession'' before ``of anything'';
(5) in subsection (c)(12), by striking ``had previously''
each place that term appears and inserting ``has previously'';
and
(6) in subsection (c), by inserting after paragraph (16)
the following:
``(17) Obstruction of justice.--The defendant engaged in
any conduct resulting in the death of another person in order
to obstruct the investigation or prosecution of any offense.''.
SEC. 4. AMENDMENTS RELATING TO SECTION 3593 OF TITLE 18.
Section 3593 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``, a reasonable time before the
trial or before acceptance by the court of a plea of
guilty,'';
(B) by inserting after paragraph (2) the following:
``The notice must be filed a reasonable time before trial or before
acceptance by the court of a plea of guilty. The court shall, where
necessary to ensure adequate preparation time for the defense, grant a
reasonable continuance of the trial. If the government has not filed a
notice of intent to seek the death penalty or informed the court that a
notice of intent to seek the death penalty will not be filed, the court
shall not accept a plea of guilty to an offense described in section
3591 without the concurrence of the government.''; and
(C) by inserting before the last sentence the
following: ``The government may also provide notice
under this subsection of any factor concerning the
state of mind, intent or other culpability of the
defendant in committing the offense.'';
(2) in subsection (b), by inserting at the end of paragraph
(3) the following:
``The court shall not dismiss alternate jurors impaneled during the
guilt phase unless for good cause as to individual alternates or upon a
finding, under this subsection, that the sentencing hearing will be
heard by the court alone. The court shall retain such alternate jurors
to hear the sentencing trial until the completion of the hearing. If at
any time, whether before or after the final submission of the
sentencing case to the jury, a sitting juror dies or becomes ill, or
upon other good cause shown to the court is found to be unable to
perform his or her duty in a timely manner, or if a juror requests a
discharge and good cause appears therefor, the court shall order the
juror to be discharged and draw the name of an alternate, who shall
then take a place in the jury box, and be subject to the same rules and
regulations as though the alternate juror had been selected as one of
the original jurors. If deliberations have begun when the substitution
is made, the court shall instruct the newly constituted jury to
recommence deliberations as if none had previously taken place. The
panel, in all other respects, shall be considered unaltered by the
substitution of a duly seated alternate.'';
(3) in subsection (c)--
(A) in the fourth sentence, by inserting ``for
which notice has been provided under subsection (b)''
before the period;
(B) in the fifth sentence, by inserting ``,
including information pertaining to unadjudicated
conduct'' before the period;
(C) by inserting after the eighth sentence the
following: ``The government shall be permitted to
cross-examine the defendant regarding any statements or
testimony by the defendant to the sentencing jury.'';
(D) by inserting after the fourth sentence the
following: ``If the defendant has raised the issue of
mental retardation as required under subsection (b),
the defendant may introduce information relevant to
mental retardation.''; and
(E) by inserting at the end the following: ``The
defendant shall have the burden of proving mental
retardation by the preponderance of the information.'';
(4) in subsection (d)--
(A) in the second sentence by inserting ``determine
the truth of the allegations in the notice filed under
subsection (a) of this section regarding any mental
state set forth in section 3591(a), and'' after ``It
shall'';
(B) by inserting after the second sentence the
following: ``In any case in which the defendant has
raised the issue of mental retardation as required
under subsection (b), the jury, or if there is no jury,
the court, shall determine the issue of mental
retardation only if any aggravating factor set forth in
section 3592 is found to exist. Such determination
shall occur prior to the consideration of any
mitigating factor.''; and
(C) by inserting at the end the following: ``If the
jury, or if there is no jury, the court, determines
that the defendant is mentally retarded, the court
shall sentence the defendant to life imprisonment
without the possibility of release, or some other
lesser sentence authorized by law.'';
(5) in subsection (e)--
(A) by inserting before the last sentence the
following: ``In assessing the appropriateness of a
sentence of death, the jury, or if there is no jury,
the court must base the decision on the facts of the
offense and the aggravating and mitigating factors and
avoid any influence of sympathy, sentiment, passion,
prejudice, or other arbitrary factor when imposing
sentence.''; and
(B) by striking ``, to life imprisonment'' and all
that follows through ``lesser sentence'' and inserting
``or to life imprisonment without possibility of
release''.
(6) by redesignating subsections (b) through (f) as
subsections (c) through (g); and
(7) by adding after subsection (a) the following:
``(b) Notice by the Defendant.--
``(1) If, as required under subsection (a), the government
has filed notice seeking a sentence of death, the defendant
shall, a reasonable time before the trial, sign and file with
the court, and serve on the attorney for the government, notice
setting forth the mitigating factor or factors that the
defendant proposes to prove mitigate against imposition of a
sentence of death. In any case in which the defendant intends
to raise the issue of mental retardation as precluding a
sentence of death, the defendant shall, a reasonable time
before trial, sign and file with the court, and serve on the
attorney for the government, notice of such intent.
``(2) When a defendant makes a claim of mental retardation
or intends to rely on evidence of mental impairment, or other
mental defect or disease as a mitigating factor under this
section, the government shall have the right to an independent
mental health examination of the defendant. A mental health
examination ordered under this subsection shall be conducted by
a licensed or certified psychiatrist, psychologist,
neurologist, psychopharmacologist, or other allied mental
health professional. If the court finds it appropriate, more
than one such professional shall perform the examination. To
facilitate the examination, the court may commit the person to
be examined for a reasonable period, but not to exceed 30 days,
to the custody of the Attorney General for placement in a
suitable facility. Unless impracticable, the psychiatric or
psychological examination shall be conducted in a suitable
facility reasonably close to the court. The director of the
facility may apply for a reasonable extension, but not to
exceed 15 days upon a showing of good cause that the additional
time is necessary to observe and evaluate the defendant.
``(3) Following the filing of a defendant's notice under
this subsection, the court shall, where necessary to ensure
adequate preparation time for the government, grant a
reasonable continuance of the trial.
``(4) For purposes of this section, a defendant is mentally
retarded if, since some point in time prior to age 18, he or
she has continuously had an intelligence quotient of 70 or
lower and, as a result of that significantly subaverage mental
functioning, has since that point in time continuously had a
diminished capacity to understand and process information,
abstract from mistakes and learn from experience, engage in
logical reasoning, control impulses, and understand others'
reactions.''.
SEC. 5. AMENDMENTS RELATING TO SECTION 3594 OF TITLE 18.
Section 3594 of title 18, United States Code, is amended--
(1) in the first sentence--
(A) by striking ``3593(e)'' and inserting
``3593(f)''; and
(B) by striking ``or life imprisonment without
possibility of release'';
(2) in the second sentence--
(A) by striking ``any lesser sentence that is
authorized by law'' and inserting ``life imprisonment
without the possibility of release''; and
(B) by inserting ``as limited by section 3593(f)''
before the period.
SEC. 6. AMENDMENTS RELATING TO SECTIONS 3595, 3596, AND 3597 OF TITLE
18.
(a) Section 3596.--Section 3596 of title 18, United States Code, is
amended--
(1) in subsection (a), by striking ``When the sentence is
to be implemented'' and all that follows through ``such law''
and inserting the following: ``A sentence of death for any
offense against the United States shall be implemented pursuant
to regulations promulgated by the Attorney General''; and
(2) in subsection (c)--
(A) by striking the first sentence; and
(B) by adding at the end the following: ``The
government shall not be limited in its opportunities to
seek rehearing, based on changed circumstances, of a
finding of mental incapacity under this subsection.''.
(b) Section 3595.--Section 3595 of title 18, United States Code, is
amended by striking ``3593(d)'' and inserting ``3593(e)''.
(c) Section 3597.--Section 3597 of title 18, United States Code, is
amended--
(1) in the heading, by striking ``State'';
(2) in subsection (a), by striking ``A United States
marshal'' and all that follows through ``Attorney General'' and
inserting the following: ``An official charged with supervising
the implementation of a sentence of death shall use appropriate
Federal or State facilities for such purpose''; and
(3) by adding at the end the following new subsection:
``(c) Confidentiality.--Notwithstanding any other law, the identity
of any employee of the United States Department of Justice, the Federal
Bureau of Prisons, the United States Marshals Service, or any State
department of corrections, or of any person providing services relating
to an execution under contract or victim or victim's survivor, who
participates in or witnesses the administration of an execution
pursuant to this section shall not be publicly disclosed, absent the
consent of any such individual.''.
(d) Conforming Amendment.--The table of sections at the beginning
of chapter 228 of title 18, United States Code, is amended by striking
the item relating to section 3597 and inserting the following:
``3597. Use of facilities.''.
SEC. 7. AMENDMENT RELATING TO SECTION 3005 OF TITLE 18.
(a) In General.--Section 3005 of title 18, United States Code, is
amended to read as follows:
``Sec. 3005. Counsel and voir dire in capital cases
``(a) In any case in which the Government files a notice of intent
to seek a sentence of death, the court shall promptly, upon the
defendant's request, assign a second counsel for the defendant in
addition to any previously assigned counsel. At least one assigned
counsel shall be learned in the law applicable to capital cases. Both
counsel shall have free access to the accused at all reasonable hours.
In assigning counsel under this section, the court shall consider the
recommendation of the Federal Public Defender organization, or, if no
such organization exists in the district, of the Administrative Office
of the United States Courts.
``(b) In any case in which the government files a notice of intent
to seek the death penalty, the court shall, at the outset of any trial,
permit voir dire of the venire concerning personal scruples with regard
to the death penalty. The trial court shall allow strikes for cause as
to any member of the venire whose personal views would prevent or
substantially impair the performance of a juror's sworn duties under
the court's instructions in a death penalty case.''.
(b) Conforming Amendment.--The table of sections at the beginning
of chapter 201 of title 18, United States Code is amended by striking
the item relating to section 3005 and inserting the following:
``3005. Counsel and voir dire in capital cases.''.
SEC. 8. ADDITIONAL PROCEDURAL MODIFICATIONS.
(a) Modification of Mitigating Factors.--Section 3592(a)(4) of
title 18, United States Code, is amended--
(1) by striking ``Another'' and inserting ``The Government
could have, but has not, sought the death penalty against
another''; and
(2) by striking ``, will not be punished by death''.
(b) Modification of Aggravating Factors for Offenses Resulting in
Death.--Section 3592(c) of title 18, United States Code, is amended in
paragraph (1), by inserting ``section 2339D (terrorist offenses
resulting in death),'' after ``destruction),''.
(c) Juries of Less Than 12 Members.--Subsection (c), as
redesignated by section 4(6) of this Act, of section 3593 of title 18,
United States Code, is amended by striking ``unless'' and all that
follows through the end of the subsection and inserting ``unless the
court finds good cause, or the parties stipulate, with the approval of
the court, a lesser number.''.
(d) Peremptory Challenges.--Rule 24(c) of the Federal Rules of
Criminal Procedure is amended--
(1) in paragraph (1), by striking ``6'' and inserting
``9''; and
(2) in paragraph (4), by adding at the end the following:
``(D) Seven, eight or nine alternates.--Four
additional peremptory challenges are permitted when
seven, eight, or nine alternates are impaneled.''.
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