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Senate Bill 2264
116th Congress(2019-2020)
Eric’s Law
Introduced
Introduced
Introduced in Senate on Jul 25, 2019
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Introduced in Senate 
Jul 25, 2019
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Introduced in Senate(Jul 25, 2019)
Jul 25, 2019
Not Scanned for Linkage
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S. 2264 (Introduced-in-Senate)


116th CONGRESS
1st Session
S. 2264


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.

IN THE SENATE OF THE UNITED STATES

July 25, 2019

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

A BILL

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.

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 “Eric’s Law”.

SEC. 2. Requirement to impanel a new jury in certain cases.

(a) Additional ground for impaneling jury.—Section 3593(b)(2) of title 18, United States Code, is amended—

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

(2) by adding at the end the following:

“(E) a new special hearing is required pursuant to subsection (g); or”.

(b) 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:

“(g) Special rule when jury does not return a unanimous recommendation.—

“(1) 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).

“(2) 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.”.