II 109th CONGRESS 1st Session S. 122 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.

1.

Short title

This Act may be cited as the Federal Death Penalty Abolition Act of 2005.

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.

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.