IN THE SENATE OF THE UNITED STATES
February 7, 2018
Mr. Toomey (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.
This Act may be cited as
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
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.