[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10098 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 10098
To provide for the imposition of the death penalty for certain crimes
committed in the District of Columbia, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 13, 2026
Ms. Mace introduced the following bill; which was referred to the
Committee on Oversight and Government Reform, and in addition to the
Committee on the Judiciary, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To provide for the imposition of the death penalty for certain crimes
committed in the District of Columbia, 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 ``Restoring the Death Penalty in the
District of Columbia Act'' or ``Restoring the Death Penalty in DC
Act''.
SEC. 2. PROVIDING FOR DEATH PENALTY IN DISTRICT OF COLUMBIA.
(a) Death Penalty.--Title 23, District of Columbia Official Code,
is amended by inserting after chapter 15 the following new chapter:
``CHAPTER 17--DEATH PENALTY
``Sec. 23-1701. Sentence of death
``A defendant who has been found guilty of any of the following
offenses shall be sentenced to death after consideration of the factors
under section 23-1702 of this chapter and in the course of a hearing
held pursuant to such section, if it is determined that the imposition
of a such a sentence is justified:
``(1) An offense described in section 798 of an Act to
establish a code of law for the District of Columbia, approved
March 3, 1901 (sec. 22-2101, D.C. Official Code) (murder in the
first degree).
``(2) An offense described in section 799 of such Act (sec.
22-2102, D.C. Official Code) (murder in the first degree -
placing obstructions upon or displacement of railroads).
``(3) An offense described in section 802a of such Act
(sec. 22-2106, D.C. Official Code) (murder of law enforcement
officer or public safety employee).
``(4) An offense described in section 802b of such Act
(sec. 22-2107, D.C. Official Code) (solicitation of murder).
``(5) An offense described in section 207 of the Anti-
Sexual Abuse Act of 1994 (sec. 22-3008, D.C. Official Code)
(first degree child sexual abuse).
``(6) An offense described in section 103 of the Ant-
Terrorism Act of 2002 (sec. 22-3153, D.C. Official Code) (acts
of terrorism).
``(7) An offense described in section 105 of such Act (sec.
22-3155, D.C. Official Code) (use, dissemination, or detonation
of a weapon of mass destruction).
``(8) An offense described in section 406 of the District
of Columbia Uniform Controlled Substance Act of 1991 (sec. 48-
904.06, D.C. Official Code) (distribution to minors) which
results in the death of a minor.
``Sec. 23-1702. Factors to be considered in determining whether a
sentence of death is justified
``(a) Aggravating Factors.--In determining whether a defendant
shall be sentenced to death under section 23-1701 of this chapter, the
finder of fact shall consider each of the following aggravating factors
for which notice has been given and determine which, if any, exist:
``(1) The death, or injury resulting in death, occurred
during the commission or attempted commission of a crime of
violence or dangerous crime.
``(2) The defendant has previously been convicted of a
crime of violence or a dangerous crime.
``(3) The defendant, in the commission of the offense, or
in escaping apprehension for the commission of the offense,
knowingly created a grave risk of death to not less than 1
other person in addition to the victim of such offense.
``(4) The defendant committed the offense in an especially
heinous, cruel, or depraved manner in that it involved the use
of torture or serious physical abuse to the victim.
``(5) The defendant procured the commission of the offense
by payment, or promise of payment, of anything of pecuniary
value.
``(6) The defendant committed the offense as consideration
for the receipt, or in the expectation of the receipt, of
anything of pecuniary value.
``(7) The defendant committed the offense after substantial
planning and premeditation.
``(8) The defendant has previously been convicted of not
less than 2 Federal, State, including any political subdivision
of a State, or District of Columbia offenses punishable by a
term of imprisonment of more than 1 year and which were
committed on different occasions and involved the distribution
of a controlled substance.
``(9) The victim was particularly vulnerable due to old
age, youth, or infirmity.
``(10) The defendant, during the commission of the offense,
was in, or escaped from, the lawful custody of a law
enforcement officer or place of lawful confinement.
``(11) The defendant has previously been convicted of not
less than 2 Federal, State, including any political subdivision
of a State, or District of Columbia offenses punishable by a
term of imprisonment of more than 1 year and which were
committed on different occasions and involved the infliction
of, or attempted infliction of, serious bodily injury or death
upon another person.
``(12) The defendant has previously been convicted of a
Federal, State, including any political subdivision of a State,
or District of Columbia offense resulting in the death of a
person, for which a sentence of life imprisonment or a sentence
of death was authorized by statute.
``(13) The defendant committed the offense against--
``(A) a Federal, State, or local law enforcement
officer or any such former officer during or because of
the performance of his or her official duties;
``(B) a judicial officer, former judicial officer,
prosecutor, or former prosecutor, during or because of
his or her official duties; or
``(C) a Federal, State, local, or District of
Columbia government official--
``(i) while he or she is engaged in the
performance of his or her official duties;
``(ii) because of the performance of his or
her official duties; or
``(iii) because of his or her status as an
official.
``(14) The offense was committed against a witness or
potential witness committed at any time during the criminal
process for the purpose of impeding or deterring prosecution of
any crime.
``(15) The offense was committed during the term of
imprisonment of such person.
``(16) The defendant previously has been convicted of
committing an offense against a person who has not attained 18
years of age.
``(17) The defendant committed the offense as part of their
membership or association with a criminal street gang.
``(18) The defendant has been convicted of committing a sex
offense against a person who has not attained 18 years of age.
``(19) Any other aggravating factor for which notice has
been given.
``(b) Mitigating Factors.--In determining whether a defendant shall
be sentenced to death under section 23-1701 of this chapter, the finder
of fact shall consider any mitigating factor, including the following:
``(1) The defendant's capacity to appreciate the
wrongfulness of the defendant's conduct or to conform conduct
to the requirements of law was significantly impaired,
regardless of whether the capacity was so impaired as to
constitute a defense to the charge.
``(2) The defendant was under unusual and substantial
duress, regardless of whether the duress was of such a degree
as to constitute a defense to the charge.
``(3) The defendant is punishable as a principal in the
offense, which was committed by another, but the defendant's
participation was relatively minor, regardless of whether the
participation was so minor as to constitute a defense to the
charge.
``(4) Another defendant, or defendants, equally culpable in
the crime, will not be punished by death.
``(5) The defendant did not have a significant prior
history of other criminal conduct.
``(6) The defendant committed the offense under severe
mental or emotional disturbance.
``(7) The victim consented to the criminal conduct that
resulted in the victim's death.
``(8) Other factors in the defendant's background, record,
or character or any other circumstance of the offense that
mitigates against the imposition of a sentence of death.
``(c) Definitions.--In this section:
``(1) Crime of violence; dangerous crime.--The terms `crime
of violence' and `dangerous crime' have the meanings given such
terms in section 23-1331.
``(2) Law enforcement officer.--The term `law enforcement
officer' is a person authorized by law to conduct or engage in
the prevention, investigation, or prosecution or adjudication
of an offense, and includes peace officers, corrections
officers, and firemen.
``Sec. 23-1703. Special hearing to determine whether a sentence of
death is justified
``(a) Notice by the Government.--
``(1) In general.--If, in a case involving an offense
described in section 23-1701 of this chapter, the attorney for
the Government believes that the circumstances of the offense
are such that a sentence of death is justified under this
chapter, the attorney shall, at a reasonable time before the
trial or before acceptance by the court of a plea of guilty,
sign and file with the court, and serve on the defendant, a
notice--
``(A) stating that the Government believes that the
circumstances of the offense are such that, if the
defendant is convicted, a sentence of death is
justified under this chapter and that the Government
will seek the sentence of death; and
``(B) setting forth the aggravating factor or
factors describe in section 23-1702(a) of this chapter
that the Government, if the defendant is convicted,
proposes to prove as justifying a sentence of death.
``(2) Good cause amendments.--The court may permit the
attorney for the Government to amend the notice upon a showing
of good cause.
``(b) Hearing Before a Court or Jury.--If the attorney for the
Government has filed the required notice under subsection (a) and the
defendant is found guilty of, or pleads guilty to, an offense described
in section 23-1701 of this chapter, the judge who presided at the trial
or before whom the guilty plea was entered, or another judge if such
judge is unavailable, shall conduct a separate sentencing hearing to
determine the punishment to be imposed. Such hearing shall be
conducted--
``(1) before the jury that determined the defendant's
guilt;
``(2) before a jury of 12 members (or less if the parties
so stipulate and the court accepts) impaneled for the purpose
of the hearing if--
``(A) the defendant was convicted upon a plea of
guilty;
``(B) the defendant was convicted after a trial
before the court sitting without a jury;
``(C) the jury that determined the defendant's
guilt was discharged for good cause; or
``(D) after initial imposition of a sentence under
this section, reconsideration of the sentence under
this section is necessary; or
``(3) before the court alone, upon the motion of the
defendant and with the approval of the attorney for the
Government.
``(c) Mitigating and Aggravating Factors.--At the sentencing
hearing, information may be presented as to any matter relevant to the
sentence, including any mitigating or aggravating factor permitted or
required to be considered under section 23-1702. Information presented
may include--
``(1) the trial transcript and exhibits if the hearing is
held before a jury or judge not present during the trial, or at
the trial judge's discretion;
``(2) any information presented by the defendant relevant
to a mitigating factor; or
``(3) any information presented by the Government relevant
to an aggravating factor for which notice has been provided
under subsection (a).
``(d) Hearing Procedures.--
``(1) Presentencing report.--Notwithstanding rule 32 of the
Federal Rules of Criminal Procedure, when a defendant is found
guilty or pleads guilty to an offense under section 23-1701 of
this chapter, no presentence report shall be prepared for the
hearing under subsection (b).
``(2) Rules of evidence.--Information is admissible
regardless of its admissibility under the rules governing
admission of evidence at criminal trials, except that
information may be excluded if its probative value is
outweighed by the danger of creating unfair prejudice,
confusing the issues, or misleading the jury.
``(3) Rebuttal.--The Government shall open the argument.
The defendant shall be permitted to reply. The Government shall
then be permitted to reply in rebuttal. The Government and the
defendant shall be permitted to rebut any information received
at the hearing, and shall be given fair opportunity to present
argument as to the adequacy of the information to establish the
existence of any aggravating or mitigating factor, and as to
the appropriateness in the case of imposing a sentence of
death.
``(4) Burden of proof.--The burden of establishing the
existence of any aggravating factor is on the Government, and
is not satisfied unless the existence of such a factor is
established beyond a reasonable doubt. The burden of
establishing the existence of any mitigating factor is on the
defendant, and is not satisfied unless the existence of such a
factor is established by a preponderance of the information.
``(e) Return of Special Findings.--The jury, or if there is no
jury, the court, shall consider all the information received during the
hearing. It shall return special findings identifying any aggravating
factor or factors set forth in section 23-1702 of this chapter found to
exist and any other aggravating factor for which notice has been
provided under subsection (a) found to exist. A finding with respect to
a mitigating factor may be made by 1 or more members of the jury, and
any member of the jury who finds the existence of a mitigating factor
may consider such factor established for purposes of this section
regardless of the number of jurors who concur that the factor has been
established. A finding with respect to any aggravating factor must be
unanimous. If no aggravating factor set forth in section 23-1702 of
this section is found to exist, the court shall impose a sentence other
than death authorized by law.
``(f) Return of a Finding Concerning a Sentence of Death.--If, in
the case of an offense described in section 23-1701 of this chapter, an
aggravating factor required to be considered under section 23-1702 of
this chapter is found to exist, the finder of fact shall consider
whether all the aggravating factor or factors found to exist
sufficiently outweigh all the mitigating factor or factors found to
exist to justify a sentence of death, or, in the absence of a
mitigating factor, whether the aggravating factor or factors alone are
sufficient to justify a sentence of death. Based upon this
consideration, the jury by unanimous vote, or if there is no jury, the
court, shall recommend whether the defendant should be sentenced to
death, to life imprisonment without possibility of release, or some
other lesser sentence.
``Sec. 23-1704. Imposition of a sentence of death
``Upon a recommendation under section 23-1703(f) that the defendant
should be sentenced to death or life imprisonment without possibility
of release, the court shall sentence the defendant accordingly;
otherwise, the court shall impose any lesser sentence that is
authorized by law.
``Sec. 23-1705. Review of a sentence of death
``(a) Appeal.--In a case in which a sentence of death is imposed,
the sentence shall be subject to review by the District of Columbia
Court of Appeals upon appeal by the defendant. Notice of appeal must be
filed within the time specified for the filing of a notice of appeal.
An appeal under this section may be consolidated with an appeal of the
judgment of conviction and shall have priority over all other cases.
``(b) Review.--The District of Columbia Court of Appeals shall
review the entire record in the case, including--
``(1) the evidence submitted during the trial;
``(2) the information submitted during the sentencing
hearing;
``(3) the procedures employed in the sentencing hearing;
and
``(4) the special findings returned under section 23-1703
of this chapter.
``(c) Decision and Disposition.--
``(1) In general.--The District of Columbia Court of
Appeals shall address all substantive and procedural issues
raised on the appeal of a sentence of death, and shall consider
whether the sentence of death was imposed under the influence
of passion, prejudice, or any other arbitrary factor and
whether the evidence supports the special finding of the
existence of an aggravating factor required to be considered
under section 23-1702 of this chapter.
``(2) Reconsideration.--The District of Columbia Court of
Appeals shall remand the case for reconsideration under section
23-1703 of this chapter for imposition of a sentence other than
death whenever the court of appeals finds that--
``(A) the sentence of death was imposed under the
influence of passion, prejudice, or any other arbitrary
factor;
``(B) the admissible evidence and information
adduced does not support the special finding of the
existence of the required aggravating factor; or
``(C) the proceedings involved any other legal
error requiring reversal of the sentence that was
properly preserved for appeal under the rules of
criminal procedure.
``(3) Harmless error.--The District of Columbia Court of
Appeals shall not reverse or vacate a sentence of death on
account of any error which can be harmless, including any
erroneous special finding of an aggravating factor, where the
Government establishes beyond a reasonable doubt that the error
was harmless.
``(4) Disposition.--The District of Columbia Court of
Appeals shall state in writing the reasons for its disposition
of an appeal of a sentence of death under this section.
``Sec. 23-1706. Implementation of a sentence of death
``(a) In General.--Except as provided under subsection (c), a
person who has been sentenced to death under this chapter shall be
committed to the custody of the United States Attorney for the District
of Columbia until exhaustion of the procedures for appeal of the
judgment of conviction and for review of the sentence. When the
sentence is to be implemented, the United States Attorney shall release
the person sentenced to death to the custody of the Director of the
Department of Corrections of the District of Columbia, who shall
supervise implementation of the sentence in the District of Columbia in
accordance with subsection (b).
``(b) Methods of Execution.--
``(1) In general.--Except as provided under paragraph (2),
a person sentenced to death under this chapter and released
under subsection (a) to the custody of the Director of the
Department of Corrections of the District of Columbia for the
implementation of such sentence shall have such sentence
implemented by electrocution.
``(2) Election of alternate method of execution.--A person
sentenced to death under this chapter may elect to have such
sentence implemented by lethal injection, firing squad, lethal
gas, or nitrogen hypoxia. Such an election may be made in
writing not later than 14 days before the date on which the
sentence of death is to be implemented, or such election shall
be considered waived. If, for any reason, a person so sentenced
receives a stay of execution, or the execution date has passed,
an election for an alternate method of execution shall be
considered to have expired but may be reelected. If a person so
sentenced at any point waives the right to elect an alternate
method of execution, such person may not retract such waiver.
``(3) Unavailability of alternate method of execution.--If
an alternate method of execution described in paragraph (2) is
not available on the date on which such method is to be
implemented, the person sentenced to death under this chapter
who elected such alternate method shall have such sentence
implemented by electrocution, unless such person elects a
different, available alternate method of execution under
paragraph (2).
``(4) Notification of alternate method.--Each person
sentenced to death under this chapter shall be provided written
notification of such person's right to elect an alternate
method of execution under paragraph (2).
``(5) Prohibition on delay of sentence due to
unavailability of method of executions.--The implementation of
a sentence of death under this chapter may not be delayed as a
result of the unavailability of any selected method of
execution selected under this subsection by a person sentenced
to death under this chapter.
``(c) Exceptions.--A sentence of death shall not be carried out
upon--
``(1) a woman while she is pregnant;
``(2) a person who has not attained the age of 18; or
``(3) a person who, as a result of mental disability, lacks
the mental capacity to understand the death penalty and why it
was imposed on that person.''.
(b) Conforming Amendments.--
(1) District of columbia code.--Section 801(a) of an Act to
establish a code of law for the District of Columbia, approved
March 3, 1901 (sec. 22-2104, D.C. Official Code), is amended--
(A) by striking ``first degree'' and inserting
``first degree, if not a sentence of death as provided
for in chapter 17 of title 23,'';
(B) by inserting ``a sentence of death or'' after
``intends to seek''; and
(C) by inserting ``to death or'' after ``shall be
sentenced''.
(2) Title 18, united states code.--
(A) In general.--Chapter 228 of title 18, United
States Code, is amended by adding at the end the
following:
``Sec. 3599A. State defined
``For the purposes of this chapter, the term `State' includes the
District of Columbia.''.
(B) Clerical amendment.--The table of sections for
chapter 228 of title 18, United States Code, is amended
by adding at the end the following:
``3599A. State defined.''.
(3) Title 28, united states code.--
(A) In general.--Chapter 154 of title 28, United
States Code, is amended by adding at the end the
following:
``Sec. 2267. State defined
``For the purposes of this chapter, the term `State' includes the
District of Columbia.''.
(B) Clerical amendment.--The table of sections for
chapter 154 of title 28, United States Code, is amended
by adding at the end the following:
``2267. State defined.''.
SEC. 3. EFFECTIVE DATE.
The Act, and the amendment made by this Act, shall apply with
respect to offenses committed on and after the date of the enactment of
this Act.
SEC. 4. SEVERABILITY.
If any provision of this Act or any amendment made by this Act, or
the application of a provision of this Act or an amendment made by this
Act to any person or circumstance, is held to be unconstitutional, the
remainder of this Act, and the application of the provision or
amendment to any person or circumstance, shall not be affected by such
holding.
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