[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 122 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 122

            To abolish the death penalty under Federal law.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 24, 2005

 Mr. Feingold introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
            To abolish the death penalty under Federal law.

    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 ``Federal Death Penalty Abolition Act 
of 2005''.

SEC. 2. REPEAL OF FEDERAL LAWS PROVIDING FOR THE DEATH PENALTY.

    (a) Homicide-Related Offenses.--
            (1) Murder related to the smuggling of aliens.--Section 
        274(a)(1)(B)(iv) of the Immigration and Nationality Act (8 
        U.S.C. 1324(a)(1)(B)(iv)) is amended by striking ``punished by 
        death or''.
            (2) Destruction of aircraft, motor vehicles, or related 
        facilities resulting in death.--Section 34 of title 18, United 
        States Code, is amended by striking ``to the death penalty 
        or''.
            (3) Murder committed during a drug-related drive-by 
        shooting.--Section 36(b)(2)(A) of title 18, United States Code, 
        is amended by striking ``death or''.
            (4) Murder committed at an airport serving international 
        civil aviation.--Section 37(a) of title 18, United States Code, 
        is amended, in the matter following paragraph (2), by striking 
        ``punished by death or''.
            (5) Civil rights offenses resulting in death.--Chapter 13 
        of title 18, United States Code, is amended--
                    (A) in section 241, by striking ``, or may be 
                sentenced to death'';
                    (B) in section 242, by striking ``, or may be 
                sentenced to death'';
                    (C) in section 245(b), by striking ``, or may be 
                sentenced to death''; and
                    (D) in section 247(d)(1), by striking ``, or may be 
                sentenced to death''.
            (6) Murder of a member of congress, an important executive 
        official, or a supreme court justice.--Section 351 of title 18, 
        United States Code, is amended--
                    (A) in subsection (b)(2), by striking ``death or''; 
                and
                    (B) in subsection (d)(2), by striking ``death or''.
            (7) Death resulting from offenses involving transportation 
        of explosives, destruction of government property, or 
        destruction of property related to foreign or interstate 
        commerce.--Section 844 of title 18, United States Code, is 
        amended--
                    (A) in subsection (d), by striking ``or to the 
                death penalty'';
                    (B) in subsection (f)(3), by striking ``subject to 
                the death penalty, or'';
                    (C) in subsection (i), by striking ``or to the 
                death penalty''; and
                    (D) in subsection (n), by striking ``(other than 
                the penalty of death)''.
            (8) Murder committed by use of a firearm during commission 
        of a crime of violence or a drug trafficking crime.--Section 
        924(j)(1) of title 18, United States Code, is amended by 
        striking ``by death or''.
            (9) Genocide.--Section 1091(b)(1) of title 18, United 
        States Code, is amended by striking ``death or''.
            (10) First degree murder.--Section 1111(b) of title 18, 
        United States Code, is amended by striking ``by death or''.
            (11) Murder by a federal prisoner.--Section 1118 of title 
        18, United States Code, is amended--
                    (A) in subsection (a), by striking ``by death or''; 
                and
                    (B) in subsection (b), in the third undesignated 
                paragraph--
                            (i) by inserting ``or'' before ``an 
                        indeterminate''; and
                            (ii) by striking ``, or an unexecuted 
                        sentence of death''.
            (12) Murder of a state or local law enforcement official or 
        other person aiding in a federal investigation; murder of a 
        state correctional officer.--Section 1121 of title 18, United 
        States Code, is amended--
                    (A) in subsection (a), by striking ``by sentence of 
                death or''; and
                    (B) in subsection (b)(1), by striking ``or death''.
            (13) Murder during a kidnaping.--Section 1201(a) of title 
        18, United States Code, is amended by striking ``death or''.
            (14) Murder during a hostage-taking.--Section 1203(a) of 
        title 18, United States Code, is amended by striking ``death 
        or''.
            (15) Murder with the intent of preventing testimony by a 
        witness, victim, or informant.--Section 1512(a)(2)(A) of title 
        18, United States Code, is amended by striking ``the death 
        penalty or''.
            (16) Mailing of injurious articles with intent to kill or 
        resulting in death.--Section 1716(i) of title 18, United States 
        Code, is amended by striking ``to the death penalty or''.
            (17) Assassination or kidnaping resulting in the death of 
        the president or vice president.--Section 1751 of title 18, 
        United States Code, is amended--
                    (A) in subsection (b)(2), by striking ``death or''; 
                and
                    (B) in subsection (d)(2), by striking ``death or''.
            (18) Murder for hire.--Section 1958(a) of title 18, United 
        States Code, is amended by striking ``death or''.
            (19) Murder involved in a racketeering offense.--Section 
        1959(a)(1) of title 18, United States Code, is amended by 
        striking ``death or''.
            (20) Willful wrecking of a train resulting in death.--
        Section 1992(b) of title 18, United States Code, is amended by 
        striking ``to the death penalty or''.
            (21) Bank robbery-related murder or kidnaping.--Section 
        2113(e) of title 18, United States Code, is amended by striking 
        ``death or''.
            (22) Murder related to a carjacking.--Section 2119(3) of 
        title 18, United States Code, is amended by striking ``, or 
        sentenced to death''.
            (23) Murder related to aggravated child sexual abuse.--
        Section 2241(c) of title 18, United States Code, is amended by 
        striking ``unless the death penalty is imposed,''.
            (24) Murder related to sexual abuse.--Section 2245 of title 
        18, United States Code, is amended by striking ``punished by 
        death or''.
            (25) Murder related to sexual exploitation of children.--
        Section 2251(d) of title 18, United States Code, is amended by 
        striking ``punished by death or''.
            (26) Murder committed during an offense against maritime 
        navigation.--Section 2280(a)(1) of title 18, United States 
        Code, is amended by striking ``punished by death or''.
            (27) Murder committed during an offense against a maritime 
        fixed platform.--Section 2281(a)(1) of title 18, United States 
        Code, is amended by striking ``punished by death or''.
            (28) Terrorist murder of a united states national in 
        another country.--Section 2332(a)(1) of title 18, United States 
        Code, is amended by striking ``death or''.
            (29) Murder by the use of a weapon of mass destruction.--
        Section 2332a of title 18, United States Code, is amended--
                    (A) in subsection (a), by striking ``punished by 
                death or''; and
                    (B) in subsection (b), by striking ``by death, 
                or''.
            (30) Murder by act of terrorism transcending national 
        boundaries.--Section 2332b(c)(1)(A) of title 18, United States 
        Code, is amended by striking ``by death, or''.
            (31) Murder involving torture.--Section 2340A(a) of title 
        18, United States Code, is amended by striking ``punished by 
        death or''.
            (32) Murder related to a continuing criminal enterprise or 
        related murder of a federal, state, or local law enforcement 
        officer.--Section 408 of the Controlled Substances Act (21 
        U.S.C. 848) is amended--
                    (A) in each of subparagraphs (A) and (B) of 
                subsection (e)(1), by striking ``, or may be sentenced 
                to death'';
                    (B) by striking subsections (g) and (h) and 
                inserting the following:
    ``(g) [Reserved.]
    ``(h) [Reserved.]'';
                    (C) in subsection (j), by striking ``and as to 
                appropriateness in that case of imposing a sentence of 
                death'';
                    (D) in subsection (k), by striking ``, other than 
                death,'' and all that follows before the period at the 
                end and inserting ``authorized by law''; and
                    (E) by striking subsections (l) and (m) and 
                inserting the following:
    ``(l) [Reserved.]
    ``(m) [Reserved.]''.
            (33) Death resulting from aircraft hijacking.--Section 
        46502 of title 49, United States Code, is amended--
                    (A) in subsection (a)(2), by striking ``put to 
                death or''; and
                    (B) in subsection (b)(1)(B), by striking ``put to 
                death or''.
    (b) Non-Homicide Related Offenses.--
            (1) Espionage.--Section 794(a) of title 18, United States 
        Code, is amended by striking ``punished by death or'' and all 
        that follows before the period and inserting ``imprisoned for 
        any term of years or for life''.
            (2) Treason.--Section 2381 of title 18, United States Code, 
        is amended by striking ``shall suffer death, or''.
    (c) Repeal of Criminal Procedures Relating to Imposition of Death 
Sentence.--
            (1) In general.--Chapter 228 of title 18, United States 
        Code, is repealed.
            (2) Technical and conforming amendment.--The table of 
        chapters for part II of title 18, United States Code, is 
        amended by striking the item relating to chapter 228.

SEC. 3. PROHIBITION ON IMPOSITION OF DEATH SENTENCE.

    (a) In General.--Notwithstanding any other provision of law, no 
person may be sentenced to death or put to death on or after the date 
of enactment of this Act for any violation of Federal law .
    (b) Persons Sentenced Before Date of Enactment.--Notwithstanding 
any other provision of law, any person sentenced to death before the 
date of enactment of this Act for any violation of Federal law shall 
serve a sentence of life imprisonment without the possibility of 
parole.
                                 <all>