HR 267 · 103th 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 1993-01-05· Sponsored by Rep. McCollum, Bill [R-FL-8]· House

Bill Progress

Introduced
2
Committee
3
House Vote
4
Senate
5
Enacted
Latest: Executive Comment Received from DOD.(1993-09-02)

Plain Language Summary

[AI summary unavailable — showing source text] Amends the Uniform Code of Military Justice (UCMJ) to establish procedures under which a court-martial may prescribe the death sentence. Requires that: (1) the sentence of death be concurred in unanimously; (2) the offense must be one expressly made punishable by death; and (3) the trial counsel must notify the accused of the intent to prove the existence of an aggravating factor, which is required before a sentence of death may be pronounced. Lists aggravating factors, including committing an offense in the presence of the enemy, presenting a grave risk to national security, and attempting to avoid hazardous duty. Requires the military judge, in the presence of the accused and counsel, to instruct the members of the court-martial on the aggravating factors, all applicable requirements and procedures, and the requirement to consider all evidence in extenuation and mitigation before adjudging a sentence of death. Prohibits a death sentence from being adjudged unless each member of the court-martial concurs that: (1) at least one aggravating factor has been proven beyond a reasonable doubt; and (2) the aggravating circumstances substantially outweigh any extenuating or mitigating cir…

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