GovTrack’s Bill Summary
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S. 2805 (99th): A bill to provide for the imposition of the death penalty for certain continuing criminal enterprise drug offenses.
- Introduced:
- Sep 10, 1986 (99th Congress, 1985–1986)
- Sponsor:
- Sen. Mack Mattingly [R-GA]
- Status:
- Died (Referred to Committee)
The bill’s title was written by the bill’s sponsor. S. stands for Senate bill.
Library of Congress Summary
The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.
9/10/1986--Introduced.
Amends the Controlled Substances Act to establish criteria for the imposition of the death penalty where, as a result of a continuing criminal enterprise, an individual (other than a participant in such conduct) dies.
Requires the Government, for such offense, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea, disclosing that it intends to seek the death penalty and 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 such offense.
Allows the defendant and the Government 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.
Directs the court, or the jury by unanimous vote, to impose the death penalty upon finding that such sentence is justified based on consideration of both aggravating and mitigating factors.
Sets forth some mitigating factors to be considered by the jury or the court when imposing its sentence.
Includes as aggravating factors to be considered by the jury or the court:
(1) the intentional nature of the act which resulted in the victim's death;
(2) previous convictions for offenses for which life imprisonment or death is authorized; and
(3) the especially heinous, cruel, or depraved nature of the offense.
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 sentence.
Allows the court to impose a sentence of life imprisonment without the possibility of parole for such offenses when the death penalty is not imposed.
Establishes procedures for appeal from a death sentence.
Requires the Court of Appeals, upon consideration of the record and the information and procedures of the sentencing hearing, to affirm the decision if:
(1) the sentence was not imposed under the 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.
House Republican Conference Summary
The summary below was written by the House Republican Conference, which is the caucus of Republicans in the House of Representatives.
No summary available.
House Democratic Caucus Summary
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