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(Ordered to lie on the table.)
Mr. HATFIELD submitted two amendments intended to be proposed by him to the bill S. 1970, supra, as follows:
On page 18, line 22, strike `shall supervise' and insert `shall, subject to subsection (d), supervise'.
On page 19, between lines 17 and 18, insert the following:
`(d) Notwithstanding any other law, the execution of a person sentenced to death under this chapter shall be carried out in public. The United States marshal charged with supervising an execution shall cause the execution to be carried out at a place that is convenient for members of the public to view the execution in person and for the communications media to broadcast the execution, and at a time of day when most members of the public who desire to view the execution will be able to do so. The marshal shall cause a notice, stating the place, date, and time of the execution and the fact that the public may attend, to be--
(1) published in each of the 2 newspapers of greatest circulation in the city or county in which the execution is to take place; and
(2) broadcast by at least 3 radio stations and 3 television stations covering the city or county,
on the date of execution and on each of the 7 days preceding that date.
On page 1, in the matter following line 3, strike the items for sections 102 and 103 and insert the following:
`Sec. 102. Sentence of death.
`Sec. 103. Mandatory life imprisonment without possibility of release.'.
On page 3, strike line 5 and all that follows through page 24, line 9, and insert the following:
SEC. 102. CONSTITUTIONAL PROCEDURES FOR THE IMPOSITION OF THE SENTENCE OF DEATH
(a) In General.--Part II of title 18 of the United States Code is amended by adding the following new chapter after chapter 227:
`Sec.
`3591. Sentence of death.
3591. Sentence of death
`(a) Limitation on Imposition of Sentence.--No person may be sentenced to death who--
`(1) was less than 18 years of age at the time of the offense;
`(2) is mentally retarded; or
`(3) is a person who, as a result of mental disability--
`(A) cannot understand the nature of the pending proceedings, what the person was tried for, the reason for the punishment, or the nature of the punishment; or
`(B) lacks the capacity to recognize or understand facts that would make the punishment unjust or unlawful, or lacks the ability to convey such information to counsel or to the court.
`(b) Limitation on Execution of Sentence: A sentence of death shall not be carried out on a woman while she is pregnant.'.
SEC. 103. MANDATORY LIFE IMPRISONMENT WITHOUT POSSIBILITY OF RELEASE.
(a) Aircraft and Motor Vehicles.--Section 34 of title 18, United States Code, is amended to read as follows:
`34. Penalty when death results
`Whoever is convicted of any crime prohibited by this chapter that has resulted in the death of any person, shall, in addition to any punishment imposed for the crime itself, be punished by mandatory life imprisonment without possibility of release.'.
(b) Espionage: Section 794(a) of title 18, United States Code, is amended by striking `death or by imprisonment for any term of years or for life' and inserting `mandatory life imprisonment without possibility of release.'.
(c) Explosive Materials: (1) Section 844(d) of title 18, United States Code, is amended by striking `, shall be subject to imprisonment for any term of years, or the the death penalty or to life imprisonment as provided in section 34 of this title' and inserting `punished by mandatory life imprisonment without possibility of release.'.
(2) Section 844(f) of title 18, United States Code, is amended by striking `subject to imprisonment for any term of years, or the the death penalty or to life imprisonment as provided in section 34 of this title' and inserting `punished by mandatory life imprisonment without possibility of release.'.
(3) Section 844(i) of title 18, United States Code, is amended by striking `subject to imprisonment for any term of years, or the the death penalty or to life imprisonment as provided in section 34 of this title' and inserting `punished by mandatory life imprisonment without possibility of release.'.
(d) Genocide: Section 1091(b)(1) of title 18, United States Code, is amended by striking `a fine of not more than $1,000,000 or imprisonment for life' and inserting `, where death results, a fine of not more than $1,000,000 and mandatory life imprisonment without possibility of release';
(e) Murder: (1) The second undesignated paragraph of section 1111(b) of title 18, United States Code, is amended to read as follows:
`Whoever is guilty of murder in the first degree shall be punished by mandatory life imprisonment without possibility of release;'.
(2) Section 1116(a) of title 18, United States Code, is amended by striking `sentenced to imprisonment for life' and inserting `punished by mandatory life imprisonment without possibility of release'.
(f) Kidnapping: Section 1201(a) of title 18, United States Code, is amended by inserting after `or for life' the following: `and, if the death of any person results, shall be punished by mandatory life imprisonment without possibility of release'.
(g) Hostage Taking: Section 1203(a) of title 18, United States Code, is amended by inserting after `or for life' the following: `and, if the death of any person results, shall be punished by mandatory life imprisonment without possibility of release'.
(h) Nonmailable Injurious Articles: The last paragraph of section 1716 of title 18, United States Code, is amended to read as follows:
`Whoever is convicted of any crime prohibited by this section that has resulted in the death of any person, shall, in addition to any punishment imposed for the crime itself, be punished by mandatory life imprisonment without possibility of release.'.
(i) Presidential Assassinations: Subsection (c) of section 1751 of title 18, United States Code, is amended to read as follows:
`(c) Whoever attempts to kill or kidnap any individual designated in subsection (a) of this section shall be punished (1) by imprisonment for any term of years or for life, and (2) by mandatory life imprisonment without possibility of release, if the conduct constitutes an attempt to kill the President of the United States and results in bodily injury to the President or otherwise comes dangerously close to causing the death of the President.'
(j) Wrecking Trains: The second to the last undesignated paragraph of section 1992 of title 18, United States Code, is amended by striking `be subject to the death penalty or to imprisonment for life, if the jury shall in its discretion so direct, or, in the case of a plea of guilty, if the court in its discretion shall so order' and inserting `, shall, in addition to any punishment imposed for the crime itself, be punished by mandatory life imprisonment without possibility of release.'.
(k) Racketeering: (1) Section 1958 of title 18, United States Code, is amended by striking `and if death results, shall be subject to imprisonment for any term of years or for life, or shall be fined not more than $50,000, or both' and inserting `and if death results, shall be punished by mandatory life imprisonment without possibility of release and shall be fined not more than $250,000'.
(2) Section 1959(a)(1) of title 18, United States Code, is amended to read as follows:
`(1) for murder, by death or life imprisonment, or a fine of not more than $250,000, or both; and for kidnapping, by imprisonment for any term of years or for life, or a fine of not more than $250,000, or both;'.
(1) Bank Robbery: Section 2113(e) of title 18, United States Code, is amended by striking `shall be imprisoned not less than ten years or punished by death if the verdict of the jury shall so direct' and inserting `shall, if the death of any person results, be punished by mandatory life imprisonment without possibility of release'.
On page 25, lines 4 and 5, strike `death or by life imprisonment without the possibility of parole' and insert `mandatory life imprisonment without possibility of release'.
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