Sponsors (4)
The bill creates a clear, uniform process that can spare some defendants from the death penalty when a second jury deadlocks, but it empowers prosecutors to seek additional juries—lengthening capital cases, raising costs, increasing court workload, and prolonging trauma for victims and defendants.
Defendants in federal capital cases are protected from the death penalty if a second sentencing jury also deadlocks: the court must impose a lawful non-death sentence.
Prosecutors and courts gain a clear, uniform procedure for resolving nonunanimous capital-sentencing recommendations, which should reduce disputes and inconsistent post-verdict litigation.
When a jury is not unanimous, defendants and courts get procedural clarity about next steps because the court must hold a fresh special hearing and impanel a new jury.
Taxpayers and defendants may face higher costs because allowing prosecutors to seek repeated juries can lengthen trials and increase trial-related expenses.
Victims' families and defendants experience prolonged trauma and uncertainty because re-impaneling a jury extends the sentencing process.
Federal courts may face heavier caseloads and administrative burdens from additional hearings and repeated juror selection cycles if prosecutors frequently move for new juries.
Based on analysis of 2 sections of legislative text.
Requires a special hearing and re‑impaneled jury if a federal capital-sentencing jury deadlocks; if the second jury also deadlocks, the court must impose a non-death sentence.
Introduced February 25, 2025 by Robert P. Bresnahan · Last progress February 25, 2025
Creates a new federal procedure for capital-sentencing cases when a jury does not unanimously agree on a punishment. If the jury fails to unanimously recommend death or another authorized sentence, the government may ask the court to hold a special hearing and impanel a new jury; if that re‑impaneled jury also fails to reach a unanimous recommendation, the court must impose a lawful sentence other than death.