[Journal of the House of Representatives, 1994]
[Wednesday, April 20, 1994 (36), Para 36.11 Recorded Vote]
[Page 663]
[From the U.S. Government Publishing Office, www.gpo.gov]
Para. 36.11 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendment submitted by Mr. McCOLLUM:
TITLE IX--EQUAL JUSTICE ACT
SEC. 901. SHORT TITLE.
This Act may be cited as the ``Equal Justice Act''.
SEC. 902. PROHIBITION OF RACIALLY DISCRIMINATORY POLICIES
CONCERNING CAPITAL PUNISHMENT OR OTHER
PENALTIES.
(a) General Rule.--The penalty of death and all other
penalties shall be administered by the United States and by
every State without regard to the race or color of the
defendant or victim. Neither the United States nor any State
shall prescribe any racial quota or statistical test for the
imposition or execution of the death penalty or any other
penalty.
(b) Definitions.--For purposes of this Act--
(1) the action of the United States or of a State includes
the action of any legislative, judicial, executive,
administrative, or other agency or instrumentality of the
United States or a State, or of any political subdivision of
the United States or a State;
(2) the term ``State'' has the meaning given in section 541
of title 18, United States Code; and
(3) the term ``racial quota or statistical test'' includes
any law, rule, presumption, goal, standard for establishing a
prima facie case, or mandatory or permissive inference that--
(A) requires or authorizes the imposition or execution of
the death penalty or another penalty so as to achieve a
specified racial proportion relating to offenders, convicts,
defendants, arrestees, or victims; or
(B) requires or authorizes the invalidation of, or bars the
execution of, sentences of death or other penalties based on
the failure of a jurisdiction to achieve a specified racial
proportion relating to offenders, convicts, defendants,
arrestees, or victims in the imposition or execution of such
sentences or penalties.
SEC. 903. GENERAL SAFEGUARDS AGAINST RACIAL PREJUDICE OR BIAS
IN THE TRIBUNAL.
In a criminal trial in a court of the United States, or of
any State--
(1) on motion of the defense attorney or prosecutor, the
risk of racial prejudice or bias shall be examined on voir
dire if there is a substantial likelihood in the
circumstances of the case that such prejudice or bias will
affect the jury either against or in favor of the defendant;
(2) on motion of the defense attorney or prosecutor, change
of venue shall be granted if an impartial jury cannot be
obtained in the original venue because of racial prejudice or
bias; and
(3) neither the prosecutor nor the defense attorney shall
make any appeal to racial prejudice or bias in statements
before the jury.
SEC. 904. FEDERAL CAPITAL CASES.
(a) Jury Instructions and Certification.--In a prosecution
for an offense against the United States in which a sentence
of death is sought, and in which the capital sentencing
determination is to be made by a jury, the judge shall
instruct the jury that it is not to be influenced by
prejudice or bias relating to the race or color of the
defendant or victim in considering whether a sentence of
death is justified, and that the jury is not to recommend the
imposition of a sentence of death unless it has concluded
that it would recommend the same sentence for such a crime
regardless of the race or color of the defendant or victim.
Upon the return of a recommendation of a sentence of death,
the jury shall also return a certificate, signed by each
juror, that the juror's individual decision was not affected
by prejudice or bias relating to the race or color of the
defendant or victim, and that the individual juror would have
made the same recommendation regardless of the race or color
of the defendant or victim.
(b) Racially Motivated Killings.--In a prosecution for an
offense against the United States for which a sentence of
death is authorized, the fact that the killing of the victim
was motivated by racial prejudice or bias shall be deemed an
aggravating factor whose existence permits consideration of
the death penalty, in addition to any other aggravating
factors that may be specified by law as permitting
consideration of the death penalty.
(c) Killings in Violation of Civil Rights Statutes.--
Sections 241, 242, and 245(b) of title 18, United States
Code, are each amended by striking ``shall be subject to
imprisonment for any term of years or for life'' and
inserting ``shall be punished by death or imprisonment for
any term of years or for life''.
SEC. 905. EXTENSION OF PROTECTION OF CIVIL RIGHTS STATUTES.
(a) Section 241 Amendments.--Section 241 of title 18,
United States Code, is amended by striking ``inhabitant of''
and inserting ``person in''.
(b) Section 242 Amendment.--Section 242 of title 18, United
States Code, is amended by striking ``inhabitant of'' and
inserting in lieu thereof ``person in'', and by striking
``such inhabitant'' and inserting ``such person''.
It was decided in the
Yeas
212
<3-line {>
negative
Nays
217