Summary

Requires a new sentencing jury in federal death penalty cases when the first jury cannot unanimously agree on death, life without release, or another sentence—if the government requests it. This creates a second penalty-phase hearing with a newly impaneled jury. If the second jury also fails to reach a unanimous recommendation, the judge must impose a lawful sentence other than death. The bill adds a clear basis in law to impanel a new jury for this second sentencing hearing and does not change who is eligible for the death penalty or the standards of proof; it only adjusts the procedure after a jury deadlocks.

Key Points

• Creates a second penalty-phase option if the first jury deadlocks and the government requests it.
• Requires a new jury for the second penalty-phase hearing.
• If the second jury also deadlocks, the judge must impose a non‑death sentence.
• Preserves unanimity requirements for any sentencing recommendation.
• Does not change who can face the federal death penalty or the standards of proof.
• Affects only federal capital sentencing procedures, not the guilt phase.
• May lengthen proceedings in some cases by adding a second penalty phase.
• Increases clarity and uniformity for courts handling deadlocked penalty juries.