HR 359 · 102th Congress · Armed Forces and National Security

To amend chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), to establish procedures for the adjudication by courts-martial of sentences of capital punishment.

Introduced 1991-01-03· Sponsored by Rep. McCollum, Bill [R-FL-5]· House

Bill Progress

Introduced
2
Committee
3
House Vote
4
Senate
5
Enacted
Latest: Favorable Executive Comment Received from DOD.(1991-07-22)

Plain Language Summary

[AI summary unavailable — showing source text] Amends the Uniform Code of Military Justice (UCMJ) to establish the procedures under which a court-martial may prescribe the death sentence. States that the sentence of death must be concurred in unanimously by all members of the court-martial. States that the offense in question must be one expressly made punishable by death. Requires the trial counsel to provide the accused in a capital punishment case with notice of the intent to prove the existence of an aggravating factor, which is required before a sentence of death may be pronounced. Lists the possible aggravating factors to be relied upon by the trial counsel, including commiting an offense in the presence of the enemy, presenting a grave risk or causing substantial damage to the national security, attempting to avoid hazardous duty, committing the offense in time of war, committing the offense while confined in prison or while committing a crime of a serious nature, or perpetrating a killing. Requires the military judge in charge, in the presence of the accused and counsel, to instruct the members of the court-martial on the aggravating factors set forth, all applicable requirements and procedures, and the requirement to c…

Summarized by Claude AI · Non-partisan · For informational purposes only