Federal Death Penalty Abolition Act - Repeals death penalty provisions for a wide range of specified offenses under the Immigration and Nationality Act, the federal criminal code, the Controlled Substances Act, and other statutes, including for murder relating to the smuggling of aliens, murder during a hostage-taking, and certain non-homicide-related offenses (espionage and treason). Repeals procedural provisions relating to the imposition of the death sentence.
Prohibits sentencing to death or putting to death any person for any violation of federal law. Commutes death penalty sentences imposed prior to the enactment of this Act to life imprisonment without the possibility of parole.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4923 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 4923
To abolish the death penalty under Federal law.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 9, 2006
Mr. Kucinich (for himself, Mr. Abercrombie, Ms. Baldwin, Mr. Capuano,
Ms. Carson, Mr. Clay, Mr. Cleaver, Mr. Clyburn, Mr. Conyers, Mr.
Cummings, Mr. Davis of Illinois, Mr. Delahunt, Mr. Farr, Mr. Filner,
Mr. Grijalva, Mr. Gutierrez, Mr. Hastings of Florida, Mr. Hinchey, Mr.
Honda, Ms. Eddie Bernice Johnson of Texas, Mr. Kildee, Ms. Kilpatrick
of Michigan, Mr. Langevin, Ms. Lee, Mr. Lewis of Georgia, Mr. McGovern,
Ms. McKinney, Mr. Markey, Mr. Meeks of New York, Ms. Moore of
Wisconsin, Mr. Oberstar, Mr. Olver, Mr. Owens, Mr. Rangel, Mr. Rush,
Mr. Sabo, Ms. Schakowsky, Mr. Serrano, Mr. Stark, Mr. Towns, Ms.
Waters, Ms. Watson, Mr. Watt, and Ms. Woolsey) introduced the following
bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
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''.
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) 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''.
(6) 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)(2), by striking ``death or'';
and
(B) in subsection (d)(2), by striking ``death or''.
(7) 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)''.
(8) Murder committed by use of a firearm during commission
of a crime of violence or a drug trafficking crime.--Section
924(j)(1) of title 18, United States Code, is amended by
striking ``by death or''.
(9) Genocide.--Section 1091(b)(1) of title 18, United
States Code, is amended by striking ``death or''.
(10) First degree murder.--Section 1111(b) of title 18,
United States Code, is amended by striking ``by death or''.
(11) 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''.
(12) 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''.
(13) Murder during a kidnaping.--Section 1201(a) of title
18, United States Code, is amended by striking ``death or''.
(14) Murder during a hostage-taking.--Section 1203(a) of
title 18, United States Code, is amended by striking ``death
or''.
(15) 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''.
(16) Mailing of injurious articles with intent to kill or
resulting in death.--Section 1716(i) of title 18, United States
Code, is amended by striking ``to the death penalty or''.
(17) Assassination or kidnaping resulting in the death of
the president or vice president.--Section 1751 of title 18,
United States Code, is amended--
(A) in subsection (b)(2), by striking ``death or'';
and
(B) in subsection (d)(2), by striking ``death or''.
(18) Murder for hire.--Section 1958(a) of title 18, United
States Code, is amended by striking ``death or''.
(19) Murder involved in a racketeering offense.--Section
1959(a)(1) of title 18, United States Code, is amended by
striking ``death or''.
(20) Willful wrecking of a train resulting in death.--
Section 1992(b) of title 18, United States Code, is amended by
striking ``to the death penalty or''.
(21) Bank robbery-related murder or kidnaping.--Section
2113(e) of title 18, United States Code, is amended by striking
``death or''.
(22) Murder related to a carjacking.--Section 2119(3) of
title 18, United States Code, is amended by striking ``, or
sentenced to death''.
(23) 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,''.
(24) Murder related to sexual abuse.--Section 2245 of title
18, United States Code, is amended by striking ``punished by
death or''.
(25) Murder related to sexual exploitation of children.--
Section 2251(d) of title 18, United States Code, is amended by
striking ``punished by death or''.
(26) 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''.
(27) 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''.
(28) Terrorist 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''.
(29) Murder by the use of a weapon of mass destruction.--
Section 2332a of title 18, United States Code, is amended--
(A) in subsection (a), by striking ``punished by
death or''; and
(B) in subsection (b), by striking ``by death,
or''.
(30) 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''.
(31) Murder involving torture.--Section 2340A(a) of title
18, United States Code, is amended by striking ``punished by
death or''.
(32) Murder related to a continuing criminal enterprise or
related murder of a federal, state, or local law enforcement
officer.--Section 408 of the Controlled Substances Act (21
U.S.C. 848) is amended--
(A) in each of subparagraphs (A) and (B) of
subsection (e)(1), by striking ``, or may be sentenced
to death'';
(B) by striking subsections (g) and (h) and
inserting the following:
``(g) [Reserved.]
``(h) [Reserved.]'';
(C) in subsection (j), by striking ``and as to
appropriateness in that case of imposing a sentence of
death'';
(D) in subsection (k), by striking ``, other than
death,'' and all that follows before the period at the
end and inserting ``authorized by law''; and
(E) by striking subsections (l) and (m) and
inserting the following:
``(l) [Reserved.]
``(m) [Reserved.]''.
(33) Death resulting from aircraft hijacking.--Section
46502 of title 49, United States Code, is amended--
(A) in subsection (a)(2), 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) Repeal of Criminal Procedures Relating to Imposition of Death
Sentence.--
(1) In general.--Chapter 228 of title 18, United States
Code, is repealed.
(2) Technical and conforming amendment.--The table of
chapters for part II of title 18, United States Code, is
amended by striking the item relating to chapter 228.
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>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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