HR 4775 · 96th Congress · Crime and Law Enforcement
A bill to amend title 18, United States Code, to establish a constitutional procedure for imposing the sentence of death, and for other purposes.
Bill Progress
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Introduced2
Committee3
House Vote4
Senate5
EnactedLatest: Referred to House Committee on the Judiciary.(1979-07-12)
Plain Language Summary
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Allows a person to be sentenced to death for a violation of Federal law only if a separate hearing is conducted before: (1) the district court that presided at the trial, or accepted the guilty plea of the defendant; or (2) another court where the original court is unavailable or the case has been remanded after review. Directs the court to impose a sentence other than death without a hearing if the United States attorney stipulates that no aggravating factors apply. Stipulates that a presentence report shall not be prepared for a defendant who is found guilty of, or pleads guilty to, such an offense. Permits any mitigating or aggravating information to be presented at the hearing regardless of its admissibility under the rules of evidence. Requires the Government to establish by a preponderance of the evidence that aggravating factors exist. Requires the defendant to establish by a preponderance of the evidence that mitigating factors exist. Requires the district court to make findings of fact concerning the existence of any aggravating or mitigating factor and to file a memorandum of decision stating the reasons for any sentence imposed. Directs the court to sentence any defendan…
Summarized by Claude AI · Non-partisan · For informational purposes only