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Changes the federal death-penalty sentencing process by adding a required second jury and special hearing if an initial capital-sentencing jury cannot unanimously agree on a sentence. If that second jury also fails to reach a unanimous recommendation for death, the court must impose a lawful sentence other than death.
Amends section 3593(b)(2) of title 18, U.S. Code by modifying subparagraph (C) to remove the terminal word "or" and by adding a new subparagraph (E) that says: "a new special hearing is required pursuant to subsection (g); or." This creates an additional listed ground for impaneling a jury.
Adds subsection (g) to 18 U.S.C. 3593 establishing a special rule: if a jury described in subsection (b)(1) or subparagraphs (A)–(D) of subsection (b)(2) does not unanimously recommend whether the defendant should receive death, life without release, or a lesser sentence under subsection (e), then upon motion of the attorney for the government the court shall order a new special hearing and impanel a new jury under subsection (b).
Provides that if the jury impaneled under the new special hearing also does not reach a unanimous recommendation as to sentence, the court shall impose a sentence other than death that is authorized by law.
Who is affected and how:
Defendants in federal capital cases: Most directly affected. The amendment changes the path to a death sentence by requiring unanimous recommendations from a second jury if the first hangs; this may reduce the number of death sentences upheld or sought when juries are not unanimous.
Federal courts and judges: Must manage additional procedural steps—special hearing(s), empaneling an additional sentencing jury, expanded voir dire and instructions—which will increase trial complexity, time, and administrative burden in capital prosecutions.
Department of Justice and federal prosecutors: Will face altered charging, plea-bargaining, and trial strategies because the pathway to death is narrowed when juries deadlock; prosecutors may consider different approaches to secure unanimity or accept non-death resolutions.
Defense counsel and public defenders: Gain a procedural safeguard that can decrease the risk of a death sentence when juries are divided, affecting defense strategy at sentencing and potentially increasing opportunities to negotiate life or other sentences.
Jurors and prospective jurors: Potentially greater demands on jury service, since a second empaneled jury may be required for sentencing in some cases; increased voir dire and selection processes are likely.
Victims' families and victims’ representatives: May see longer proceedings and additional hearings; the statutory rule may also affect expectations about possible sentencing outcomes.
Appellate and constitutional litigation: The change may spawn challenges concerning jury unanimity, due process, and equal protection claims, as well as questions about retroactivity if applied to pending or past cases.
Resource implications: Increased court time, additional jury selection efforts, and potentially more hearings could raise costs for the federal judiciary and parties, though the provision does not appropriate funds to cover them.
Overall, the amendment narrows the circumstances under which death may be imposed by requiring an additional unanimous jury recommendation and by precluding a death sentence after two deadlocks, shifting the balance in closely divided capital-sentencing cases toward non-death outcomes.
Read twice and referred to the Committee on the Judiciary.
Introduced February 25, 2025 by Rafael Edward Cruz · Last progress February 25, 2025
Modifies subsection (b)(2) by removing the terminal 'or' from subparagraph (C) and adding a new subparagraph (E) stating 'a new special hearing is required pursuant to subsection (g); or.'
Adds subsection (g) establishing a special rule when a jury does not return a unanimous sentencing recommendation: upon motion of the attorney for the government the court shall order a new special hearing and impanel a new jury pursuant to subsection (b); if that jury also fails to reach a unanimous recommendation as to sentence, the court shall impose a sentence other than death authorized by law.
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Eric’s Law
Read twice and referred to the Committee on the Judiciary.
Introduced in Senate