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119-s-718119th Congress

Eric’s Law

Sponsored By: Senator Cruz, Ted [R-TX]

Introduced

Summary

A new special sentencing hearing and second jury would be required after a non‑unanimous federal capital-sentencing recommendation if the government asks for it. If that second jury also fails to unanimously recommend death, the court would be prohibited from imposing a death sentence and must impose another lawful sentence.

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  • Defendants in death-eligible cases would get an automatic second sentencing jury when the first jury is not unanimous. If the second jury deadlocks the death penalty cannot be imposed.
  • Federal prosecutors would gain a clear, statutory path to seek a new hearing and fresh jury by moving for the special procedure after a non-unanimous recommendation.
  • Courts would be required to impanel the second jury and then impose a non-death sentence if unanimity still is not reached, adding a mandatory procedural step in capital sentencing.

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 0 benefits, 0 costs, 1 mixed.

New jury step in federal death cases

If enacted, this bill would change federal capital sentencing when juries do not reach a unanimous recommendation. If the first jury is not unanimous, prosecutors could ask for a new sentencing hearing. The court would have to hold that special hearing and seat a fresh jury when the government moves. If the second jury also fails to agree unanimously, the court would impose a sentence other than death. This change would take effect upon enactment.

Sponsors & CoSponsors

Sponsor

Cruz, Ted [R-TX]

TX • R

Cosponsors

  • Sen. Ricketts, Pete [R-NE]

    NE • R

    Sponsored 2/25/2025

Roll Call Votes

No roll call votes available for this bill.

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