To abolish the death penalty under Federal law.

February 13, 2003

Mr. FEINGOLD introduced the following bill; which was read twice and referred to the Committee on the Judiciary

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 of 2003'.

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.

END