Amendment102nd Congress
An amendment to add several additional crimes to the bill's list of crimes subject to the death penalty and broadens the bill's definition of other capital crimes. The amendment changes the bill's procedures for imposing the federal death penalty to allow a sentence of death if the capital crime was committed with a reckless disregard for human life, to remove the requirement that the jury be told that it does not have to impose the death penalty if the defendant is found guilty of a capital crime, and to permit the prosecution to announce its intention to seek the death penalty any time before sentencing, if "good cause" is shown. The amendment also makes the appointment of counsel discretionary in habeas appeals of state capital cases, requires that prisoners under death sentences must file federal habeas corpus petitions within 90 days after they have exhausted their state appeals, and permits federal courts to accept habeas petitions only if they question the validity of the conviction itself, not the sentence.
- Amendment Number
- 322
- Description
- An amendment to add several additional crimes to the bill's list of crimes subject to the death penalty and broadens the bill's definition of other capital crimes. The amendment changes the bill's procedures for imposing the federal death penalty to allow a sentence of death if the capital crime was committed with a reckless disregard for human life, to remove the requirement that the jury be told that it does not have to impose the death penalty if the defendant is found guilty of a capital crime, and to permit the prosecution to announce its intention to seek the death penalty any time before sentencing, if "good cause" is shown. The amendment also makes the appointment of counsel discretionary in habeas appeals of state capital cases, requires that prisoners under death sentences must file federal habeas corpus petitions within 90 days after they have exhausted their state appeals, and permits federal courts to accept habeas petitions only if they question the validity of the conviction itself, not the sentence.
- Purpose
- Amendments expand the use of the federal death penalty to include convictions for: murder of federal law enforcement officers, murder of state or local law enforcement officers assisting federal law enforcement officers, homicides and attempted homicides involving firearms in federal facilities, civil rights murders, murder of federal witnesses, death as a result of drive-by shootings, gun murders during federal crimes of violence and drug trafficking crimes, and rape and child molestation murders. \ As amended by the Brooks amendments (A005), language was added which preserves provisions of the Anti-Drug Abuse Act of 1988 which provides counsel at all Federal stages of death penalty litigation.
- Congress
- 102
- Type
- HAMDT
- Latest Action Date
- Oct 16, 1991
- Latest Action Text
- On agreeing to the Gekas amendments (A004) as amended Agreed to by recorded vote: 213 - 206 (Roll no. 313).
- Latest Action Time
- 19:23:18
- Submitted Date
- Oct 16, 1991
- Chamber
- House of Representatives
- Update Date
- Jun 7, 2021