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(Ordered to lie on the table.)

Mr. CRANSTON submitted an amendment intended to be proposed by him to the bill (S. 1970) to establish constitutional procedures for the imposition of the sentence of death; and for other purposes, as follows:

On page 1, in the matter following line 3, redesignate sections 105 and 106 as sections 103 and 104 and strike the items for sections 102, 103, and 104 and insert the following:

`102. Mandatory life imprisonment without possibility of release.'.

On page 3, strike line 5 and all that follows through page 24, line 14, and insert the following:

SEC. 102. 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 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 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 death penalty or to life imprisonment as provided in section 34 of this title' and inserting `punished my 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 striking 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, or (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 also 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;'.

(l) 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'.

(m) Federal Aviation Act of 1958: (1) Section 902 of the Federal Aviation Act of 1958 (42 U.S.C. 1472) is amended--

(A) in subsection (i)(1)(B) by striking `by death or by imprisonment for life' and inserting `by mandatory life imprisonment without possibility of release'; and

(B) in subsection (n)(1)(B) by striking `by death or by imprisonment for life' and inserting `by mandatory life imprisonment without possibility of release'.

(2) Section 903 of the Federal Aviation Act of 1958 (42 U.S.C. 1473) is amended by striking subsection (c).

(n) Controlled Substances Act.--Section 408 of the Controlled Substances Act (21 U.S.C. 848) is amended--

(1) in subsection (e)(1) (A) and (B) by striking `life imprisonment, or may be sentenced to death' and inserting `mandatory life imprisonment without possibility of release'; and

(2) by striking subsection (g) through (r).

On page 24, line 15, strike `105' and insert `103'.

On page 24, line 20, strike `106' and insert `104'.

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'.

On page 34, after line 21 insert the following:

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SEC. 105. PAYMENT OF RESTITUTION.

Section 3663 of title 18, United States Code, is amended by adding at the end thereof the following:

`(i) The court may order a defendant who is sentenced to life imprisonment to pay restitution.'.

END