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![handle is hein.death/estrcicp0001 and id is 1 raw text is: Calendar No. 698
93D CONGRESS -SENATE REPORT
1st Session f No. 93-721
F e ,
of
TO ESTABLISH RATIONAL CRITE i41 IMPOSI-
TION OF CAPITAL PUNIS . N
MARCH 1, 1974.-Ordered to be printed
Mr. MCCLELLAN, from the Committee on the Judiciary, submitted
the following
REPORT
TOGETHER WITH ADDITIONAL VIEWS
[To accompany S. 1401]
The Committee on the Judiciary, to which was referred the bill
(S. 1401) to establish rational criteria for the mandatory imposition
of the sentence of death, and for other purposes, having considered the
same, reports avorably thereon with an amendment in the nature of a
substitute and recommends that the bill as amended pass.
AMENDMENT
Strike out all after the enacting clause and insert in, lieu thereof the
following:
That chapter 227 of title 18 of the United States Code, is amended by adding
after section 3562 a new section 3562A, to read as follows:
§ 3562A. Sentencing for capital offenses
(a) A person shall be subjected to the penalty of death for any offense pro-
hibited by the laws of the United States only if a hearing is held in accordance
with this section.
(b) When a defendant is found guilty of or pleads guilty to an offense for
which one of the sentences provided is death, the judge who presided at the trial
or before whom the guilty plea was entered shall conduct a separate sentencing
hearing to determine the existence or nonexistence of the factors set forth in
subsections (f), (g), and (h) for the purpose of determining the sentence to be
imposed. The hearing shall not be held if the government stipulates that none of
the applicable aggravating factors set forth in subsections (g) and (h) exists or
that one or more of the mitigating factors set forth in subsection (f) exists. The
hearing shall be conducted-
(1) before the jury which determined the defendant's guilt;
(2) before a jury impanelled for the purpose of the hearing if-](ViewImageLocal?handle=hein.death/estrcicp0001&div=1&collection=&method=preview&ext=.png&size=3)