skip to main content

S. 2389 (115th): Eric’s Law

The text of the bill below is as of Feb 7, 2018 (Introduced). The bill was not enacted into law.



2d Session

S. 2389


February 7, 2018

(for himself, Mr. Cotton, Mr. Cornyn, and Mr. Cruz) introduced the following bill; which was read twice and referred to the Committee on the Judiciary


To amend title 18, United States Code, to require the impaneling of a new jury if a jury fails to recommend by unanimous vote a sentence for conviction of a crime punishable by death.


Short title

This Act may be cited as Eric’s Law.


Requirement to impanel a new jury in certain cases


Additional ground for impaneling jury

Section 3593(b)(2) of title 18, United States Code, is amended—


in subparagraph (C), by striking or at the end; and


by adding at the end the following:


a new special hearing is required pursuant to subsection (g); or



Impaneling of new jury when jury does not reach a unanimous recommendation

Section 3593 of title 18, United States Code, is amended by adding at the end the following:


Special rule when jury does not return a unanimous recommendation


In general

If a jury described in subsection (b)(1) or subparagraphs (A) through (D) of subsection (b)(2) does not, by unanimous vote, make a recommendation whether the defendant should be sentenced to death, to life imprisonment without possibility of release, or some other lesser sentence pursuant to subsection (e), the court, upon motion of the attorney for the government, shall order a new special hearing and impanel a new jury pursuant to subsection (b).


Imposition of sentence

If the jury impaneled pursuant to paragraph (1) does not reach a unanimous recommendation as to sentence, the court shall impose a sentence other than death authorized by law.