[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1914 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 1914

To amend title 18, United States Code, to ensure the death penalty for 
                  terrorists, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 18, 2007

Mr. Carter (for himself, Mr. Forbes, Mr. Chabot, Mr. Poe, Mr. Burton of 
   Indiana, Mr. Lamborn, Mr. Miller of Florida, Mr. Barrett of South 
   Carolina, Mr. Hensarling, Mr. Wamp, Mr. Sam Johnson of Texas, Mr. 
 Burgess, Mr. Pearce, Mr. Rehberg, Mrs. Musgrave, Mr. Neugebauer, Mrs. 
 Blackburn, Mr. Sessions, Mr. Brady of Texas, Mr. McCaul of Texas, Mr. 
Bishop of Utah, Mr. Gohmert, Mr. Hayes, Mr. McHenry, and Mr. Culberson) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend title 18, United States Code, to ensure the death penalty for 
                  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 Death Penalty Act of 
2007''.

SEC. 2. ENSURING DEATH PENALTY FOR TERRORIST OFFENSES WHICH CREATE 
              GRAVE RISK OF DEATH.

    (a) Addition of Terrorism to Death Penalty Offenses Not Resulting 
in Death.--Section 3591(a)(1) of title 18, United States Code, is 
amended by inserting ``, section 2339E,'' after ``section 794''.
    (b) Modification of Aggravating Factors for Terrorism Offenses.--
Section 3592(b) of title 18, United States Code, is amended--
            (1) in the heading, by inserting ``, terrorism,'' after 
        ``espionage''; and
            (2) by inserting immediately after paragraph (3) the 
        following:
            ``(4) Substantial planning.--The defendant committed the 
        offense after substantial planning.''.

SEC. 3. MODIFICATION OF DEATH PENALTY PROVISIONS.

    (a) Impaneling of New Jury When Unanimous Recommendation Cannot Be 
Reached.--Section 3594 of title 18, United States Code, is amended by 
inserting after the first sentence the following: ``If the jury is 
unable to reach any unanimous recommendation under section 3593(e), the 
court, upon motion by the Government, may impanel a jury under section 
3593(b)(2)(E) for a new sentencing hearing.''.
    (b) 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''.
    (c) Modification of Aggravating Factors for Offenses Resulting in 
Death.--Section 3592(c) of title 18, United States Code, is amended--
            (1) in paragraph (7), by inserting ``or by creating the 
        expectation of payment,'' after ``or promise of payment,'';
            (2) in paragraph (1), by inserting ``section 2339E 
        (terrorist offenses resulting in death),'' after 
        ``destruction),'';
            (3) by inserting immediately 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 investigation or prosecution of any offense.''.
    (d) Additional Ground for Impaneling New Jury.--Section 3593(b)(2) 
of title 18, United States Code, is amended--
            (1) by striking ``or'' at the end of subparagraph (C);
            (2) by inserting after subparagraph (D) the following:
                    ``(E) a new penalty hearing is necessary due to the 
                inability of the jury to reach a unanimous penalty 
                verdict as required by section 3593(e); or''.
    (e) Juries of Less Than 12 Members.--Subsection (b) 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.''.
    (f) 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:
                    ``(C) Seven, eight or nine alternates.--Four 
                additional peremptory challenges are permitted when 
                seven, eight, or nine alternates are impaneled.''.
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