110 HR 1914 IH: Terrorist Death Penalty Act of U.S. House of Representatives 2007-04-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 1st Session H. R. 1914 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.

1.

Short title

This Act may be cited as the Terrorist Death Penalty Act of 2007.

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. .

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. .