A bill to provide the penalty of death for certain crimes relating to aircraft, and for other purposes.

1/1
Status In Committee
Sponsor Kenneth Kramer
Citation 99-HR-2814
Actions 8
Introduced Jun 20th, 1985
Cosponsors
21 5
Last Action Jul 24th, 1986
Policy Area
Introduced House Jun 20
House
Senate
President
Enacted

Summary

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Amends the Federal criminal code to establish criteria for the imposition of the death penalty for Federal crimes. Requires the Government, for any offense punishable by death, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea that it intends to seek the death penalty, as well as notice of the aggravating factors upon which it will rely. Requires a separate sentencing hearing before a jury or the court upon motion by the defendant when the defendant is found guilty or pleads guilty to an offense punishable by death. Provides that no presentence report shall be prepared in such cases. Provides that at the hearing, any information may be presented as to any matter relevant to the sentence and shall include all matters relating to any of the listed aggravating factors and to any mitigating factors. Allows the defendant to present any information relevant to sentencing, without regard to the rules of evidence, but permits information to be excluded where its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading of the jury. Allows the Government to present any information relevant to mitigating or aggravating factors in accordance with the rules of evidence applicable to a criminal trial in which the question of guilt or innocence is determined. Permits the Government and the defendant opportunity to rebut any information received at the hearing. Specifies mitigating factors which the defendant must establish by a preponderance of the information and aggravating factors which the Government must prove beyond a reasonable doubt. Lists threshold aggravating factors for homicide, including that the defendant: (1) intentionally killed the victim; (2) intentionally inflicted serious bodily injury which resulted in the death of the victim; or (3) intentionally participated in an act which he reasonably should have known would create grave risk of death to a person and the victim did die as a direct result of the act. Sets forth other aggravating factors. Includes among the mitigating factors that the defendant was less than 18 years old at the time of the crime. Conditions imposition of the death penalty on a unanimous finding by the jury that: (1) some aggravating factor exists in addition to a threshold factor; and (2) the aggravating factor sufficiently outweighs any mitigating factor found to exist. Directs the court to impose the death penalty upon a finding that such sentence is justified. Requires the court to instruct the jury not to consider the race, color, national origin, creed, or sex of the defendant in its consideration of the death sentence. Establishes procedures for appeal from a death sentence. Requires the court of appeals, upon considering the record and the information and procedures of the sentencing hearing, to affirm the decision if: (1) the sentence was not imposed under influence of passion, prejudice, or arbitrariness; and (2) the information supports the finding of aggravating factors or the absence of mitigating factors. Requires the court to provide a written explanation of its determination. Revises the definition of "aircraft piracy" to state that it is a continuing offense throughout the period the seizure or exercise of control continues.

Actions

8
House
INTRODUCED
INTRODUCED
Jun 20, 1985
ON FLOOR
REFERRED TO COMMITTEE
COMMITTEE
REFERRED TO SUBCOMMITTEE
Jun 25, 1985
COMMITTEE
SUBCOMMITTEE HEARINGS HELD
Nov 7, 1985
COMMITTEE
SUBCOMMITTEE HEARINGS HELD
Apr 16, 1986
COMMITTEE
SUBCOMMITTEE HEARINGS HELD
May 7, 1986
COMMITTEE
SUBCOMMITTEE HEARINGS HELD
Jun 5, 1986
COMMITTEE
SUBCOMMITTEE HEARINGS HELD
Jul 24, 1986
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