February 25, 2025
Mr. Bresnahan (for himself, Mr. Thompson of Pennsylvania, and Mr. Reschenthaler) introduced the following bill; which was 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.
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.