To provide the death penalty for certain terrorism related crimes and make other modifications of law relating to the penalty of death.

June 24, 2005

Mr. CARTER (for himself and Mr. GREEN of Wisconsin) introduced the following bill; which was referred to the Committee on the Judiciary

To provide the death penalty for certain terrorism related crimes and make other modifications of law relating to the penalty of death.

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 `Terrorist Death Penalty Enhancement Act of 2005'.

TITLE I--TERRORIST PENALTIES ENHANCEMENT ACT

SEC. 101. TERRORIST OFFENSE RESULTING IN DEATH.

(a) New Offense- Chapter 113B of title 18, United States Code, is amended by adding at the end the following:

`Sec. 2339E. Terrorist offenses resulting in death

`(a) Whoever, in the course of committing a terrorist offense, engages in conduct that results in the death of a person, shall be punished by death or imprisoned for any term of years or for life.

`(b) As used in this section, the term `terrorist offense' means--

`(1) a Federal felony offense that is--

`(A) a Federal crime of terrorism as defined in section 2332b(g) except to the extent such crime is an offense under section 1363; or

`(B) an offense under this chapter, section 175, 175b, 229, or 831, or section 236 of the Atomic Energy Act of 1954; or

`(2) a Federal offense that is an attempt or conspiracy to commit an offense described in paragraph (1).'.

(b) Clerical Amendment- The table of sections at the beginning of chapter 113B of title 18, United States Code, is amended by adding at the end the following new item:

`2339E. Terrorist offenses resulting in death.'.

SEC. 102. DENIAL OF FEDERAL BENEFITS TO TERRORISTS.

(a) In General- Chapter 113B of title 18, United States Code, as amended by section 101 of this title, is further amended by adding at the end the following:

`Sec. 2339F. Denial of Federal benefits to terrorists

`(a) An individual or corporation who is convicted of a terrorist offense (as defined in section 2339E) shall, as provided by the court on motion of the Government, be ineligible for any or all Federal benefits for any term of years or for life.

`(b) As used in this section, the term `Federal benefit' has the meaning given that term in section 421(d) of the Controlled Substances Act, and also includes any assistance or benefit described in section 115(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, with the same limitations and to the same extent as provided in section 115 of that Act with respect to denials of benefits and assistance to which that section applies.'.

(b) Clerical Amendment- The table of sections at the beginning of the chapter 113B of title 18, United States Code, as amended by section 101 of this title, is further amended by adding at the end the following new item:

`2339E. Denial of federal benefits to terrorists.'.

SEC. 103. DEATH PENALTY PROCEDURES FOR CERTAIN AIR PIRACY CASES OCCURRING BEFORE ENACTMENT OF THE FEDERAL DEATH PENALTY ACT OF 1994.

Section 60003 of the Violent Crime Control and Law Enforcement Act of 1994, (Public Law 103-322), is amended, as of the time of its enactment, by adding at the end the following:

`(c) Death Penalty Procedures for Certain Previous Aircraft Piracy Violations- An individual convicted of violating section 46502 of title 49, United States Code, or its predecessor, may be sentenced to death in accordance with the procedures established in chapter 228 of title 18, United States Code, if for any offense committed before the enactment of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-322), but after the enactment of the Antihijacking Act of 1974 (Public Law 93-366), it is determined by the finder of fact, before consideration of the factors set forth in sections 3591(a)(2) and 3592(a) and (c) of title 18, United States Code, that one or more of the factors set forth in former section 46503(c)(2) of title 49, United States Code, or its predecessor, has been proven by the Government to exist, beyond a reasonable doubt, and that none of the factors set forth in former section 46503(c)(1) of title 49, United States Code, or its predecessor, has been proven by the defendant to exist, by a preponderance of the information. The meaning of the term `especially heinous, cruel, or depraved', as used in the factor set forth in former section 46503(c)(2)(B)(iv) of title 49, United States Code, or its predecessor, shall be narrowed by adding the limiting language `in that it involved torture or serious physical abuse to the victim', and shall be construed as when that term is used in section 3592(c)(6) of title 18, United States Code.'.

SEC. 104. ENSURING DEATH PENALTY FOR TERRORIST OFFENSES WHICH CREATE GRAVE RISK OF DEATH.

(a) Addition of Terrorism to Death Penalty Offenses not Resulting in Death- Section 3591(a)(1) of title 18, United States Code, is amended by inserting `, section 2339D,' after `section 794'.

(b) Modification of Aggravating Factors for Terrorism Offenses- Section 3592(b) of title 18, United States Code, is amended--

(1) in the heading, by inserting `, terrorism,' after `espionage'; and

(2) by inserting immediately after paragraph (3) the following:

`(4) SUBSTANTIAL PLANNING- The defendant committed the offense after substantial planning.'.

TITLE II--PREVENTION OF TERRORIST ACCESS TO DESTRUCTIVE WEAPONS ACT

SEC. 201. DEATH PENALTY FOR CERTAIN TERROR RELATED CRIMES.

(a) Participation in Nuclear and Weapons of Mass Destruction Threats to the United States- Section 832(c) of title 18, United States Code, is amended by inserting `punished by death or' after `shall be'.

(b) Missile Systems to Destroy Aircraft- Section 2332g(c)(3) of title 18, United States Code, is amended by inserting `punished by death or' after `shall be'.

(c) Atomic Weapons- Section 222b.of the Atomic Energy Act of 1954 (42 U.S.C. 2272) is amended by inserting `death or' before `imprisonment for life'.

(d) Radiological Dispersal Devices- Section 2332h(c)(3) of title 18, United States Code, is amended by inserting `death or' before `imprisonment for life'.

(e) Variola Virus- Section 175c(c)(3) of title 18, United States Code, is amended by inserting `death or' before `imprisonment for life'.

TITLE III--FEDERAL DEATH PENALTY PROCEDURES

SEC. 301. MODIFICATION OF DEATH PENALTY PROVISIONS.

(a) Elimination of Procedures Applicable Only to Certain Controlled Substances Act Cases- Section 408 of the Controlled Substances Act (21 U.S.C. 848) is amended by striking subsection (g) and all that follows through subsection (r).

(b) Modification of Mitigating Factors- Section 3592(a)(4) of title 18, United States Code, is amended--

(1) by striking `Another' and inserting `The Government could have, but has not, sought the death penalty against another'; and

(2) by striking `, will not be punished by death'.

(c) Modification of Aggravating Factors for Offenses Resulting in Death- Section 3592(c) of title 18, United States Code, is amended--

(1) in paragraph (7), by inserting `or by creating the expectation of payment,' after `or promise of payment,';

(2) in paragraph (1), by inserting `section 2339D (terrorist offenses resulting in death),' after `destruction),';

(3) by inserting immediately after paragraph (16) the following:

`(17) OBSTRUCTION OF JUSTICE- The defendant engaged in any conduct resulting in the death of another person in order to obstruct investigation or prosecution of any offense.'.

(d) Additional Ground for Impaneling New Jury- Section 3593(b)(2) of title 18, United States Code, is amended--

(1) by striking `or' at the end of subparagraph (C);

(2) by inserting after subparagraph (D) the following:

`(E) a new penalty hearing is necessary due to the inability of the jury to reach a unanimous penalty verdict as required by section 3593(e); or'.

(e) Juries of Less Than 12 Members- Subsection (b) of section 3593 of title 18, United States Code, is amended by striking `unless' and all that follows through the end of the subsection and inserting `unless the court finds good cause, or the parties stipulate, with the approval of the court, a lesser number.'.

(f) Impaneling of New Jury When Unanimous Recommendation Cannot Be Reached- Section 3594 of title 18, United States Code, is amended by inserting after the first sentence the following: `If the jury is unable to reach any unanimous recommendation under section 3593(e), the court, upon motion by the Government, may impanel a jury under section 3593(b)(2)(E) for a new sentencing hearing.'.

(g) Peremptory Challenges- Rule 24(c) of the Federal Rules of Criminal Procedure is amended--

(1) in paragraph (1), by striking `6' and inserting `9'; and

(2) in paragraph (4), by adding at the end the following:

`(C) SEVEN, EIGHT OR NINE ALTERNATES- Four additional peremptory challenges are permitted when seven, eight, or nine alternates are impaneled.'.

END