This legislation amends title 18, United States Code, specifically section 3593, which outlines sentencing procedures in federal capital cases. It introduces a new requirement for impaneling a new jury when the initial jury cannot reach a unanimous sentencing recommendation. The bill aims to provide a clear procedural path forward in such instances, ensuring that capital cases do not stall due to jury deadlock on sentencing. Under the proposed changes, if a jury in a death-eligible case does not reach a unanimous vote on whether to recommend a sentence of death, life imprisonment without release, or a lesser sentence, the court must, upon motion from the government, order a new special hearing . This new hearing will involve impaneling a completely new jury to consider the sentencing phase of the trial. This provision ensures that the sentencing decision is thoroughly re-evaluated by a fresh panel of jurors. Crucially, the bill specifies the outcome if this newly impaneled jury also fails to reach a unanimous recommendation regarding the sentence. In such a scenario, the court is then mandated to impose a sentence other than death that is authorized by law. This final provision ensures a definitive resolution in cases where multiple juries remain divided on capital sentencing, preventing indefinite deadlock and providing a clear path to judgment.
Criminal procedure and sentencingJudicial procedure and administration
Eric’s Law
USA119th CongressS-718| Senate
| Updated: 2/25/2025
This legislation amends title 18, United States Code, specifically section 3593, which outlines sentencing procedures in federal capital cases. It introduces a new requirement for impaneling a new jury when the initial jury cannot reach a unanimous sentencing recommendation. The bill aims to provide a clear procedural path forward in such instances, ensuring that capital cases do not stall due to jury deadlock on sentencing. Under the proposed changes, if a jury in a death-eligible case does not reach a unanimous vote on whether to recommend a sentence of death, life imprisonment without release, or a lesser sentence, the court must, upon motion from the government, order a new special hearing . This new hearing will involve impaneling a completely new jury to consider the sentencing phase of the trial. This provision ensures that the sentencing decision is thoroughly re-evaluated by a fresh panel of jurors. Crucially, the bill specifies the outcome if this newly impaneled jury also fails to reach a unanimous recommendation regarding the sentence. In such a scenario, the court is then mandated to impose a sentence other than death that is authorized by law. This final provision ensures a definitive resolution in cases where multiple juries remain divided on capital sentencing, preventing indefinite deadlock and providing a clear path to judgment.