[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2389 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
                                S. 2389

 To amend title 18, United States Code, to require the impaneling of a 
new jury if a jury fails to recommend by unanimous vote a sentence for 
               conviction of a crime punishable by death.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 7, 2018

    Mr. Toomey (for himself, Mr. Cotton, Mr. Cornyn, and Mr. Cruz) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend title 18, United States Code, to require the impaneling of a 
new jury if a jury fails to recommend by unanimous vote a sentence for 
               conviction of a crime punishable by death.

    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 ``Eric's Law''.

SEC. 2. REQUIREMENT TO IMPANEL A NEW JURY IN CERTAIN CASES.

    (a) Additional Ground for Impaneling Jury.--Section 3593(b)(2) of 
title 18, United States Code, is amended--
            (1) in subparagraph (C), by striking ``or'' at the end; and
            (2) by adding at the end the following:
                    ``(E) a new special hearing is required pursuant to 
                subsection (g); or''.
    (b) Impaneling of New Jury When Jury Does Not Reach a Unanimous 
Recommendation.--Section 3593 of title 18, United States Code, is 
amended by adding at the end the following:
    ``(g) Special Rule When Jury Does Not Return a Unanimous 
Recommendation.--
            ``(1) In general.--If a jury described in subsection (b)(1) 
        or subparagraphs (A) through (D) of subsection (b)(2) does not, 
        by unanimous vote, make a recommendation whether the defendant 
        should be sentenced to death, to life imprisonment without 
        possibility of release, or some other lesser sentence pursuant 
        to subsection (e), the court, upon motion of the attorney for 
        the government, shall order a new special hearing and impanel a 
        new jury pursuant to subsection (b).
            ``(2) Imposition of sentence.--If the jury impaneled 
        pursuant to paragraph (1) does not reach a unanimous 
        recommendation as to sentence, the court shall impose a 
        sentence other than death authorized by law.''.
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