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119-hr-10098119th Congress

Restoring the Death Penalty in DC Act

Sponsored By: Representative Mace, Nancy [R-SC-1]

Introduced

Summary

Restoring the death penalty in the District of Columbia would create a full capital-punishment system for D.C., spelling out which crimes can get death and how sentencing, appeals, custody, and execution methods work.

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 2 benefits, 1 costs, 2 mixed.

Restore death penalty in DC

This bill would allow courts in the District of Columbia to impose the death penalty for eight specifically listed crimes, including certain murders, terrorism, child sexual abuse in the first degree, and use of a weapon of mass destruction. The change would apply only to offenses committed on or after enactment. A death sentence could be imposed only after the special sentencing hearing and the required statutory findings.

Priority appeals for death sentences

If enacted, any death sentence in DC would be appealable to the D.C. Court of Appeals and the appeal could be consolidated with the conviction appeal. The Court would review the full trial and sentencing record, state its reasons in writing, give the appeal priority, and remand for resentencing if legal errors affected the death sentence. Harmless-error standards would apply where the government proves an error was harmless beyond a reasonable doubt.

Execution custody and methods rules

The bill would require that a person sentenced to death be held by the U.S. Attorney for D.C. until appellate procedures are exhausted and then transferred to the D.C. Department of Corrections for implementation. Electrocution would be the default method of execution. A condemned person could elect lethal injection, firing squad, lethal gas, or nitrogen hypoxia in writing at least 14 days before the execution date, and the bill sets rules if a chosen method is unavailable. The bill would bar executing a woman who is pregnant, anyone under 18 at the time of the offense, or a person who lacks the mental capacity to understand the penalty.

New capital sentencing rules

This bill would require prosecutors to give written notice before trial or before accepting a guilty plea if they intend to seek death, and that notice must list the aggravating factors to be proved. If notice is filed and the defendant is convicted or pleads guilty, the court must hold a separate sentencing hearing using enumerated aggravating and mitigating factors, specified burdens of proof, and rules about juries and findings. These rules would apply to crimes committed on or after enactment.

Apply federal capital rules to DC

This bill would amend two federal chapters to say that, for those chapters, the word 'State' includes the District of Columbia. If enacted, that change would make certain federal capital-defense and related procedures available in DC for crimes committed on or after enactment.

Sponsors & CoSponsors

Sponsor

Mace, Nancy [R-SC-1]

SC • R

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

No roll call votes available for this bill.

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