[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1763 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 1763

  To increase criminal penalties relating to terrorist murders, deny 
        Federal benefits to terrorists, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 21, 2005

   Mr. Carter (for himself, Mr. Green of Wisconsin, and Mr. Gohmert) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To increase criminal penalties relating to terrorist murders, deny 
        Federal benefits to terrorists, 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 ``Terrorist Penalties Enhancement Act 
of 2005''.

SEC. 2. PENALTIES FOR TERRORIST OFFENSES RESULTING IN DEATH; DENIAL OF 
              FEDERAL BENEFITS TO TERRORISTS.

    (a) In General.--Chapter 113B of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 2339E. Terrorist offenses resulting in death
    ``(a) Whoever, in the course of committing a terrorist offense, 
engages in conduct that results in the death of a person, shall be 
punished by death or imprisoned for any term of years or for life.
    ``(b) As used in this section, the term `terrorist offense' means--
            ``(1) a Federal felony offense that is--
                    ``(A) a Federal crime of terrorism as defined in 
                section 2332b(g) except to the extent such crime is an 
                offense under section 1363; or
                    ``(B) an offense under this chapter, section 175, 
                175b, 229, or 831, or section 236 of the Atomic Energy 
                Act of 1954; or
            ``(2) a Federal offense that is an attempt or conspiracy to 
        commit an offense described in paragraph (1).
``Sec. 2339F. Denial of Federal benefits to terrorists
    ``(a) An individual or corporation who is convicted of a terrorist 
offense (as defined in section 2339E) shall, as provided by the court 
on motion of the Government, be ineligible for any or all Federal 
benefits for any term of years or for life.
    ``(b) As used in this section, the term `Federal benefit' has the 
meaning given that term in section 421(d) of the Controlled Substances 
Act, and also includes any assistance or benefit described in section 
115(a) of the Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996, with the same limitations and to the same 
extent as provided in section 115 of that Act with respect to denials 
of benefits and assistance to which that section applies.''.
    (b) Conforming Amendment to Table of Sections.--The table of 
sections at the beginning of the chapter 113B of title 18, United 
States Code, is amended by adding at the end the following new items:

``2339D. Terrorist offenses resulting in death.
``2339E. Denial of federal benefits to terrorists.''.
    (c) Aggravating Factor in Death Penalty Cases.--Section 3592(c)(1) 
of title 18, United States Code, is amended by inserting ``section 
2339D (terrorist offenses resulting in death),'' after 
``destruction),''.

SEC. 3. DEATH PENALTY IN CERTAIN AIR PIRACY CASES OCCURRING BEFORE 
              ENACTMENT OF THE FEDERAL DEATH PENALTY ACT OF 1994.

    Section 60003 of the Violent Crime Control and Law Enforcement Act 
of 1994, (Public Law 103-322), is amended, as of the time of its 
enactment, by adding at the end the following:
    ``(c) Death Penalty Procedures for Certain Previous Aircraft Piracy 
Violations.--An individual convicted of violating section 46502 of 
title 49, United States Code, or its predecessor, may be sentenced to 
death in accordance with the procedures established in chapter 228 of 
title 18, United States Code, if for any offense committed before the 
enactment of the Violent Crime Control and Law Enforcement Act of 1994 
(Public Law 103-322), but after the enactment of the Antihijacking Act 
of 1974 (Public Law 93-366), it is determined by the finder of fact, 
before consideration of the factors set forth in sections 3591(a)(2) 
and 3592(a) and (c) of title 18, United States Code, that one or more 
of the factors set forth in former section 46503(c)(2) of title 49, 
United States Code, or its predecessor, has been proven by the 
Government to exist, beyond a reasonable doubt, and that none of the 
factors set forth in former section 46503(c)(1) of title 49, United 
States Code, or its predecessor, has been proven by the defendant to 
exist, by a preponderance of the information. The meaning of the term 
`especially heinous, cruel, or depraved', as used in the factor set 
forth in former section 46503(c)(2)(B)(iv) of title 49, United States 
Code, or its predecessor, shall be narrowed by adding the limiting 
language `in that it involved torture or serious physical abuse to the 
victim', and shall be construed as when that term is used in section 
3592(c)(6) of title 18, United States Code.''.
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