[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3051 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 3051
To abolish the death penalty under Federal law.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 23, 2011
Mr. Kucinich (for himself, Ms. Edwards, Mr. Ellison, Mr. Jackson of
Illinois, Mr. Scott of Virginia, Mr. Serrano, Mr. Conyers, Ms. Lee of
California, Mr. Cleaver, and Mr. Meeks) introduced the following bill;
which was referred to the Committee on the Judiciary, and in addition
to the Committee on Armed Services, 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 abolish the death penalty under Federal law.
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 ``Federal Death Penalty Abolition Act
of 2011''.
SEC. 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) Murder committed using chemical weapons.--Section
229A(a)(2) of title 18, United States Code, is amended--
(A) in the paragraph heading, by striking ``Death
penalty'' and inserting ``Causing death''; and
(B) by striking ``punished by death or''.
(6) 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''.
(7) 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)--
(i) by striking ``(1)''; and
(ii) by striking ``, or (2) by death'' and
all that follows through the end of the
subsection and inserting a period; and
(B) in subsection (d)--
(i) by striking ``(1)''; and
(ii) by striking ``, or (2) by death'' and
all that follows through the end of the
subsection and inserting a period.
(8) 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)''.
(9) Murder committed by use of a firearm or armor piercing
ammunition during commission of a crime of violence or a drug
trafficking crime.--Section 924 of title 18, United States
Code, is amended--
(A) in subsection (c)(5)(B)(i), by striking
``punished by death or''; and
(B) in subsection (j)(1), by striking ``by death
or''.
(10) Genocide.--Section 1091(b)(1) of title 18, United
States Code, is amended by striking ``death or''.
(11) First degree murder.--Section 1111(b) of title 18,
United States Code, is amended by striking ``by death or''.
(12) 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''.
(13) 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''.
(14) Murder during a kidnapping.--Section 1201(a) of title
18, United States Code, is amended by striking ``death or''.
(15) Murder during a hostage-taking.--Section 1203(a) of
title 18, United States Code, is amended by striking ``death
or''.
(16) 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''.
(17) Mailing of injurious articles with intent to kill or
resulting in death.--Section 1716(j)(3) of title 18, United
States Code, is amended by striking ``to the death penalty
or''.
(18) Assassination or kidnapping resulting in the death of
the president or vice president.--Section 1751 of title 18,
United States Code, is amended--
(A) in subsection (b)--
(i) by striking ``(1)''; and
(ii) by striking ``, or (2) by death'' and
all that follows through the end of the
subsection and inserting a period; and
(B) in subsection (d)--
(i) by striking ``(1)''; and
(ii) by striking ``, or (2) by death'' and
all that follows through the end of the
subsection and inserting a period.
(19) Murder for hire.--Section 1958(a) of title 18, United
States Code, is amended by striking ``death or''.
(20) Murder involved in a racketeering offense.--Section
1959(a)(1) of title 18, United States Code, is amended by
striking ``death or''.
(21) Willful wrecking of a train resulting in death.--
Section 1992 of title 18, United States Code, is amended--
(A) in subsection (a), in the matter following
paragraph (10), by striking ``or subject to death,'';
and
(B) in subsection (b), in the matter following
paragraph (3), by striking ``, and if the offense
resulted in the death of any person, the person may be
sentenced to death''.
(22) Bank robbery-related murder or kidnapping.--Section
2113(e) of title 18, United States Code, is amended by striking
``death or''.
(23) Murder related to a carjacking.--Section 2119(3) of
title 18, United States Code, is amended by striking ``, or
sentenced to death''.
(24) 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,''.
(25) Murder related to sexual abuse.--Section 2245 of title
18, United States Code, is amended by striking ``punished by
death or''.
(26) Murder related to sexual exploitation of children.--
Section 2251(e) of title 18, United States Code, is amended by
striking ``punished by death or''.
(27) 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''.
(28) 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''.
(29) Murder using devices or dangerous substances in waters
of the united states.--Section 2282A of title 18, United States
Code, is amended--
(A) by striking subsection (b); and
(B) by redesignating subsections (c) and (d) as
subsections (b) and (c), respectively.
(30) Murder involving the transportation of explosive,
biological, chemical, or radioactive or nuclear materials.--
Section 2283 of title 18, United States Code, is amended--
(A) by striking subsection (b); and
(B) by redesignating subsection (c) as subsection
(b).
(31) Murder involving the destruction of vessel or maritime
facility.--Section 2291(d) of title 18, United States Code, is
amended by striking ``to the death penalty or''.
(32) 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''.
(33) Murder by the use of a weapon of mass destruction.--
Section 2332a of title 18, United States Code, is amended--
(A) in subsection (a), in the matter following
paragraph (4), by striking ``, and if death results
shall be punished by death'' and all that follows
through the end of the subsection and inserting a
period; and
(B) in subsection (b), by striking ``, and if death
results shall be punished by death'' and all that
follows through the end of the subsection and inserting
a period.
(34) 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''.
(35) Murder involving torture.--Section 2340A(a) of title
18, United States Code, is amended by striking ``punished by
death or''.
(36) Murder involving a war crime.--Section 2441(a) of
title 18, United States Code, is amended by striking ``, and if
death results to the victim, shall also be subject to the
penalty of death''.
(37) Murder related to a continuing criminal enterprise or
related murder of a federal, state, or local law enforcement
officer.--Section 408(e) of the Controlled Substances Act (21
U.S.C. 848(e)) is amended--
(A) in the subsection heading, by striking ``Death
Penalty'' and inserting ``Intentional Killing''; and
(B) in paragraph (1)--
(i) subparagraph (A), by striking ``, or
may be sentenced to death''; and
(ii) in subparagraph (B), by striking ``,
or may be sentenced to death''.
(38) Death resulting from aircraft hijacking.--Section
46502 of title 49, United States Code, is amended--
(A) in subsection (a)(2)(B), 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) Title 10.--
(1) In general.--Section 856 of title 10 is amended by
inserting before the period at the end the following: ``,
except that the punishment may not include death''.
(2) Offenses.--
(A) Conspiracy.--Section 881(b) of title 10, United
States Code (article 81(b) of the Uniform Code of
Military Justice), is amended by striking ``, if death
results'' and all that follows through the end and
inserting ``as a court-martial or military commission
may direct.''.
(B) Desertion.--Section 885(c) of title 10, United
States Code (article 85(c)), is amended by striking ``,
if the offense is committed in time of war'' and all
that follows through the end and inserting ``as a
court-martial may direct.''.
(C) Assaulting or willfully disobeying superior
commissioned officer.--Section 890 of title 10, United
States Code (article 90), is amended by striking ``, if
the offense is committed in time of war'' and all that
follows and inserting ``as a court-martial may
direct.''.
(D) Mutiny or sedition.--Section 894(b) of title
10, United States Code (article 94(b)), is amended by
striking ``by death or such other punishment''.
(E) Misbehavior before the enemy.--Section 899 of
title 10, United States Code (article 99), is amended
by striking ``by death or such other punishment''.
(F) Subordinate compelling surrender.--Section 900
of title 10, United States Code (article 100), is
amended by striking ``by death or such other
punishment''.
(G) Improper use of countersign.--Section 901 of
title 10, United States Code (article 101), is amended
by striking ``by death or such other punishment''.
(H) Forcing a safeguard.--Section 902 of title 10,
United States Code (article 102), is amended by
striking ``suffer death'' and all that follows and
inserting ``be punished as a court-martial may
direct.''.
(I) Aiding the enemy.--Section 904 of title 10,
United States Code (article 104), is amended by
striking ``suffer death or such other punishment as a
court-martial or military commission may direct'' and
inserting ``be punished as a court-martial or military
commission may direct''.
(J) Spies.--Section 906 of title 10, United States
Code (article 106), is amended by striking ``by death''
and inserting ``by imprisonment for life''.
(K) Espionage.--Section 906a of title 10, United
States Code (article 106a), is amended--
(i) by striking subsections (b) and (c);
(ii) by redesignating paragraphs (2) and
(3) of subsection (a) as subsections (b) and
(c), respectively;
(iii) in subsection (a)--
(I) by striking ``(1)'';
(II) by striking ``paragraph (2)''
and inserting ``subsection (b)'';
(III) by striking ``paragraph (3)''
and inserting ``subsection (c)''; and
(IV) by striking ``as a court-
martial may direct,'' and all that
follows and inserting ``as a court-
martial may direct.'';
(iv) in subsection (b), as so
redesignated--
(I) by striking ``paragraph (1)''
and inserting ``subsection (a)''; and
(II) by redesignating subparagraphs
(A), (B), and (C) as paragraphs (1),
(2), and (3), respectively; and
(v) in subsection (c), as so redesignated,
by striking ``paragraph (1)'' and inserting
``subsection (a)''.
(L) Improper hazarding of vessel.--The text of
section 910 of title 10, United States Code (article
110), is amended to read as follows:
``Any person subject to this chapter who willfully and wrongfully,
or negligently, hazards or suffers to be hazarded any vessel of the
Armed Forces shall be punished as a court-martial may direct.''.
(M) Misbehavior of sentinel.--Section 913 of title
10, United States Code (article 113), is amended by
striking ``, if the offense is committed in time of
war'' and all that follows and inserting ``as a court-
martial may direct.''.
(N) Murder.--Section 918 of title 10, United States
Code (article 118), is amended by striking ``death or
imprisonment for life as a court-martial may direct''
and inserting ``imprisonment for life''.
(O) Death or injury of an unborn child.--Section
919a(a) of title 10, United States Code, is amended--
(i) in paragraph (1), by striking ``, other
than death,''; and
(ii) by striking paragraph (4).
(P) Crimes triable by military commission.--Section
950v(b) of title 10, United States Code, is amended--
(i) in paragraph (1), by striking ``by
death or such other punishment'';
(ii) in paragraph (2), by striking ``, if
death results'' and all that follows and
inserting ``as a military commission under this
chapter may direct.'';
(iii) in paragraph (7), by striking ``, if
death results'' and all that follows and
inserting ``as a military commission under this
chapter may direct.'';
(iv) in paragraph (8), by striking ``, if
death results'' and all that follows and
inserting ``as a military commission under this
chapter may direct.'';
(v) in paragraph (9), by striking ``, if
death results'' and all that follows and
inserting ``as a military commission under this
chapter may direct.'';
(vi) in paragraph (11)(A), by striking ``,
if death results'' and all that follows and
inserting ``as a military commission under this
chapter may direct.'';
(vii) in paragraph (12)(A), by striking ``,
if death results'' and all that follows and
inserting ``as a military commission under this
chapter may direct.'';
(viii) in paragraph (13)(A), by striking
``, if death results'' and all that follows and
inserting ``as a military commission under this
chapter may direct.'';
(ix) in paragraph (14), by striking ``, if
death results'' and all that follows and
inserting ``as a military commission under this
chapter may direct.'';
(x) in paragraph (15), by striking ``by
death or such other punishment'';
(xi) in paragraph (17), by striking ``, if
death results'' and all that follows and
inserting ``as a military commission under this
chapter may direct.'';
(xii) in paragraph (23), by striking ``, if
death results'' and all that follows and
inserting ``as a military commission under this
chapter may direct.'';
(xiii) in paragraph (24), by striking ``,
if death results'' and all that follows and
inserting ``as a military commission under this
chapter may direct.'';
(xiv) in paragraph (27), by striking ``by
death or such other punishment''; and
(xv) in paragraph (28), by striking ``, if
death results'' and all that follows and
inserting ``as a military commission under this
chapter may direct.''.
(3) Jurisdictional and procedural matters.--
(A) Dismissed officer's right to trial by court-
martial.--Section 804(a) of title 10, United States
Code (article 4(a) of the Uniform Code of Military
Justice), is amended by striking ``or death''.
(B) Courts-martial classified.--Section 816(1)(A)
of title 10, United States Code (article 10(1)(A)), is
amended by striking ``or, in a case in which the
accused may be sentenced to a penalty of death'' and
all that follows through ``(article 25a)''.
(C) Jurisdiction of general courts-martial.--
Section 818 of title 10, United States Code (article
18), is amended--
(i) in the first sentence by striking
``including the penalty of death when
specifically authorized by this chapter'' and
inserting ``except death''; and
(ii) by striking the third sentence.
(D) Jurisdiction of special courts-martial.--
Section 819 of title 10, United States Code (article
19), is amended in the first sentence by striking ``for
any noncapital offense'' and all that follows and
inserting ``for any offense made punishable by this
chapter.''.
(E) Jurisdiction of summary courts-martial.--
Section 820 of title 10, United States Code (article
20), is amended in the first sentence by striking
``noncapital''.
(F) Number of members in capital cases.--
(i) In general.--Section 825a of title 10,
United States Code (article 25a), is repealed.
(ii) Clerical amendment.--The table of
sections at the beginning of subchapter V of
chapter 47 of title 10, United States Code, is
amended by striking the item relating to
section 825a (article 25a).
(G) Absent and additional members.--Section
829(b)(2) of title 10, United States Code (article
29(b)(2)), is amended by striking ``or, in a case in
which the death penalty may be adjudged'' and all that
follows and inserting a period.
(H) Statute of limitations.--Subsection (a) of
section 843 of title 10, United States Code (article
43), is amended to read as follows:
``(a)(1) A person charged with an offense described in paragraph
(2) may be tried and punished at any time without limitation.
``(2) An offense described in this paragraph is any offense as
follows:
``(A) Absence without leave or missing movement in time of
war.
``(B) Murder.
``(C) Rape.
``(D) A violation of section 881 of this title (article 81)
that results in death to one or more of the victims.
``(E) Desertion or attempt to desert in time of war.
``(F) A violation of section 890 of this title (article 90)
committed in time of war.
``(G) Attempted mutiny, mutiny, sedition, or failure to
suppress or report a mutiny or sedition.
``(H) A violation of section 899 of this title (article
99).
``(I) A violation of section 900 of this title (article
100).
``(J) A violation of section 901 of this title (article
101).
``(K) A violation of section 902 of this title (article
102).
``(L) A violation of section 904 of this title (article
104).
``(M) A violation of section 906 of this title (article
106).
``(N) A violation of section 906a of this title (article
106a).
``(O) A violation of section 910 of this title (article
110) in which the person subject to this chapter willfully and
wrongfully hazarded or suffered to be hazarded any vessel of
the Armed Forces.
``(P) A violation of section 913 of this title (article
113) committed in time of war.''.
(I) Pleas of accused.--Section 845(b) of title 10,
United States Code (article 45(b)), is amended--
(i) by striking the first sentence; and
(ii) by striking ``With respect to any
other charge'' and inserting ``With respect to
any charge''.
(J) Depositions.--Section 849 of title 10, United
States Code (article 49), is amended--
(i) in subsection (d), by striking ``in any
case not capital''; and
(ii) by striking subsections (e) and (f).
(K) Admissibility of records of courts of
inquiry.--Section 850 of title 10, United States Code
(article 50), is amended--
(i) in subsection (a), by striking ``not
capital and''; and
(ii) in subsection (b), by striking
``capital cases or''.
(L) Number of votes required for conviction and
sentencing by court-martial.--Section 852 of title 10,
United States Code (article 52), is amended--
(i) in subsection (a)--
(I) by striking paragraph (1);
(II) by redesignating paragraph (2)
as subsection (a); and
(III) by striking ``any other
offense'' and inserting ``any
offense''; and
(ii) in subsection (b)--
(I) by striking paragraph (1); and
(II) by redesignating paragraphs
(2) and (3) as paragraphs (1) and (2),
respectively.
(M) Record of trial.--Section 854(c)(1)(A) of title
10, United States Code (article 54(c)(1)(A)), is
amended by striking ``death,''.
(N) Forfeiture of pay and allowances during
confinement.--Section 858b(a)(2)(A) of title 10, United
States Code (article 58b(a)(2)(A)), is amended by
striking ``or death''.
(O) Waiver or withdrawal of appeal.--Section 861 of
title 10, United States Code (article 61), is amended--
(i) in subsection (a), by striking ``except
a case in which the sentence as approved under
section 860(c) of this title (article 60(c))
includes death,''; and
(ii) in subsection (b), by striking
``Except in a case in which the sentence as
approved under section 860(c) of this title
(article 60(c)) includes death, the accused''
and inserting ``The accused''.
(P) Review by court of criminal appeals.--Section
866(b) of title 10, United States Code (article 66(b)),
is amended--
(i) in the matter preceding paragraph (1),
by inserting ``in which'' after ``court-
martial'';
(ii) in paragraph (1), by striking ``in
which the sentence, as approved, extends to
death,'' and inserting ``the sentence, as
approved, extends to''; and
(iii) in paragraph (2), by striking
``except in the case of a sentence extending to
death,''.
(Q) Review by court of appeals for the armed
forces.--Section 867(a) of title 10, United States Code
(article 67(a)), is amended--
(i) by striking paragraph (1); and
(ii) by redesignating paragraphs (2) and
(3) as paragraphs (1) and (2), respectively.
(R) Execution of sentence.--Section 871 of title
10, United States Code (article 71), is amended--
(i) by striking subsection (a);
(ii) by redesignating subsection (b) as
subsection (a);
(iii) by striking subsection (c) and
inserting the following:
``(b)(1) If a sentence extends to dismissal or a dishonorable or
bad conduct discharge and if the right of the accused to appellate
review is not waived, and an appeal is not withdrawn, under section 861
of this title (article 61), that part of the sentence extending to
dismissal or a dishonorable or bad conduct discharge may not be
executed until there is a final judgment as to the legality of the
proceedings (and with respect to dismissal, approval under subsection
(a)). A judgment as to legality of the proceedings is final in such
cases when review is completed by a Court of Criminal Appeals and--
``(A) the time for the accused to file a petition
for review by the Court of Appeals for the Armed Forces
has expired and the accused has not filed a timely
petition for such review and the case is not otherwise
under review by that Court;
``(B) such a petition is rejected by the Court of
Appeals for the Armed Forces; or
``(C) review is completed in accordance with the
judgment of the Court of Appeals for the Armed Forces
and--
``(i) a petition for a writ of certiorari
is not filed within the time limits prescribed
by the Supreme Court;
``(ii) such a petition is rejected by the
Supreme Court; or
``(iii) review is otherwise completed in
accordance with the judgment of the Supreme
Court.
``(2) If a sentence extends to dismissal or a dishonorable or bad
conduct discharge and if the right of the accused to appellate review
is waived, or an appeal is withdrawn, under section 861 of this title
(article 61), that part of the sentence extending to dismissal or a bad
conduct or dishonorable discharge may not be executed until review of
the case by a judge advocate (and any action on that review) under
section 864 of this title (article 64) is completed. Any other part of
a court-martial sentence may be ordered executed by the convening
authority or other person acting on the case under section 860 of this
title (article 60) when approved by him under that section.'';
(iv) by redesignating subsection (d) as
subsection (c); and
(v) in subsection (c), as so redesignated,
by striking ``, except a sentence of death''.
(S) General article.--Section 934 of title 10,
United States Code (article 134), is amended by
striking ``crimes and offenses not capital'' and
inserting ``crimes and offenses''.
(T) Jurisdiction of military commissions.--Section
948d of title 10, United States Code, is amended by
striking ``including the penalty of death'' and all
that follows and inserting ``except death.''.
(U) Number of members of military commissions.--
Subsection (a) of section 948m of title 10, United
States Code, is amended to read as follows:
``(a) Number of Members.--A military commission under this chapter
shall have at least 5 members.''.
(V) Number of votes required for sentencing by
military commission.--Section 949m of title 10, United
States Code, is amended--
(i) in subsection (b)--
(I) by striking paragraph (1); and
(II) by redesignating paragraphs
(2) and (3) as paragraphs (1) and (2),
respectively; and
(ii) by striking subsection (c).
(W) Appellate referral for military commissions.--
Section 950c of title 10, United States Code, is
amended--
(i) in subsection (b)(1), by striking
``Except a case in which the sentence as
approved under section 950b of this title
extends to death, an accused'' and inserting
``An accused''; and
(ii) in subsection (c), by striking
``Except in a case in which the sentence as
approved under section 950b of this title
extends to death, the accused'' and inserting
``The accused''.
(X) Execution of sentence by military
commissions.--
(i) In general.--Section 950i of title 10,
United States Code, is amended--
(I) in the section heading, by
striking ``Execution of sentence;
suspension'' and inserting
``Suspension'';
(II) by striking subsections (b)
and (c);
(III) by redesignating subsection
(d) as subsection (b); and
(IV) in subsection (b), as so
redesignated, by striking ``, except a
sentence of death''.
(ii) Clerical amendment.--The table of
sections at the beginning of subchapter VI of
chapter 47A of title 10, United States Code, is
amended by striking the item relating to
section 950i and inserting the following new
item:
``950i. Execution of sentence.''.
(d) Conforming Amendments.--
(1) Repeal of criminal procedures relating to imposition of
death sentence.--
(A) In general.--Chapter 228 of title 18, United
States Code, is repealed.
(B) Clerical amendment.--The table of chapters for
part II of title 18, United States Code, is amended by
striking the item relating to chapter 228.
(2) Other provisions.--
(A) Interception of wire, oral, or electronic
communications.--Section 2516(1)(a) of title 18, United
States Code, is amended by striking ``by death or''.
(B) Release and detention pending judicial
proceedings.--Chapter 207 of title 18, United States
Code, is amended--
(i) in section 3142(f)(1)(B), by striking
``or death''; and
(ii) in section 3146(b)(1)(A)(i), by
striking ``death, life imprisonment,'' and
inserting ``life imprisonment''.
(C) Venue in capital cases.--Chapter 221 of title
18, United States Code, is amended--
(i) by striking section 3235; and
(ii) in the table of sections, by striking
the item relating to section 3235.
(D) Period of limitations.--
(i) In general.--Chapter 213 of title 18,
United States Code, is amended by striking
section 3281 and inserting the following:
``Sec. 3281. Offenses with no period of limitations
``An indictment may be found at any time without limitation for the
following offenses:
``(1) A violation of section 274(a)(1)(A) of the
Immigration and Nationality Act (8 U.S.C. 1324(a)(1)(A))
resulting in the death of any person.
``(2) A violation of section 34 of this title.
``(3) A violation of section 36(b)(2)(A) of this title.
``(4) A violation of section 37(a) of this title that
results in the death of any person.
``(5) A violation of section 229A(a)(2) of this title.
``(6) A violation of section 241, 242, 245(b), or 247(a) of
this title that--
``(A) results in death; or
``(B) involved kidnapping or an attempt to kidnap,
aggravated sexual abuse or an attempt to commit
aggravated sexual abuse, or an attempt to kill.
``(7) A violation of subsection (b) or (d) of section 351
of this title.
``(8) A violation of section 794(a) of this title.
``(9) A violation of subsection (d), (f), or (i) of section
844 of this title that results in the death of any person
(including any public safety officer performing duties as a
direct or proximate result of conduct prohibited by such
subsection).
``(10) An offense punishable under subsection (c)(5)(B)(i)
or (j)(1) of section 924 of this title.
``(11) An offense punishable under section 1091(b)(1) of
this title.
``(12) A violation of section 1111 of this title that is
murder in the first degree.
``(13) A violation of section 1118 of this title.
``(14) A violation of subsection (a) or (b) of section 1121
of this title.
``(15) A violation of section 1201(a) of this title that
results in the death of any person.
``(16) A violation of section 1203(a) of this title that
results in the death of any person.
``(17) An offense punishable under section 1512(a)(3) of
this title that is murder (as that term is defined in section
1111 of this title).
``(18) An offense punishable under section 1716(j)(3) of
this title.
``(19) A violation of subsection (b) or (d) of section 1751
of this title.
``(20) A violation of section 1958(a) of this title that
results in death.
``(21) A violation of section 1959(a) of this title that is
murder.
``(22) A violation of subsection (a) (except for a
violation of paragraph (8), (9) or (10) of such subsection) or
(b) of section 1992 of this title that results in the death of
any person.
``(23) A violation of section 2113(e) of this title that
results in death.
``(24) An offense punishable under section 2119(3) of this
title.
``(25) An offense punishable under section 2245(a) of this
title.
``(26) An violation of section 2251 of this title that
results in the death of a person.
``(27) A violation of section 2280(a)(1) of this title that
results in the death of any person.
``(28) A violation of section 2281(a)(1) of this title that
results in the death of any person.
``(29) A violation of section 2282A(a) of this title that
causes the death of any person.
``(30) A violation of section 2283(a) of this title that
causes the death of any person.
``(31) An offense punishable under section 2291(d) of this
title.
``(32) An offense punishable under section 2332(a)(1) of
this title.
``(33) A violation of subsection (a) or (b) of section
2332a of this title that results in death.
``(34) An offense punishable under section 2332b(c)(1)(A)
of this title.
``(35) A violation of section 2340A(a) of this title that
results in the death of any person.
``(36) A violation of section 2381 of this title.
``(37) A violation of section 2441(a) of this title that
results in the death of the victim.
``(38) A violation of section 408(e) of the Controlled
Substances Act (21 U.S.C. 848(e)).
``(39) An offense punishable under subsection (a)(2)(B) or
(b)(1)(B) of section 46502 of title 49.''
(ii) Clerical amendment.--The table of
sections for chapter 213 of title 18, United
States Code, is amended by striking the item
relating to section 3281 and inserting the
following:
``3281. Offenses with no period of limitations.''.
SEC. 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.
<all>