H.R. 10098: Restoring the Death Penalty in the District of Columbia Act

This bill would create a new death penalty framework for certain serious crimes committed in the District of Columbia and make related changes to federal law. It would apply only to offenses committed on or after the date the bill becomes law.

What crimes could qualify

The bill would authorize death sentences for people convicted of certain offenses in D.C., including:

• First-degree murder
• First-degree murder involving obstructions or displacement of railroads
• Murder of a law enforcement officer or public safety employee
• Solicitation of murder
• First-degree child sexual abuse
• Terrorism offenses
• Use, dissemination, or detonation of a weapon of mass destruction
• Distribution of controlled substances to minors if it results in the death of a minor

How a death sentence would be decided

If prosecutors want to seek death, they would have to give advance notice before trial or before a guilty plea is accepted. That notice would have to say the government is seeking death and list the aggravating factors it plans to prove.

If the person is convicted, there would be a separate sentencing hearing before a jury, or in some cases before a judge. At that hearing:

• The government would present aggravating factors, such as whether the crime involved torture, a prior violent record, killing a public official, killing a witness, gang involvement, or other listed circumstances.
• The defendant could present mitigating factors, such as mental impairment, duress, minor participation, lack of prior criminal history, or other circumstances that might weigh against death.
• The government would have to prove aggravating factors beyond a reasonable doubt.
• The defendant would have to prove mitigating factors by a preponderance of the evidence.

The jury would have to unanimously find any required aggravating factor. If no required aggravating factor is found, the court could not impose death.

Possible sentences

If the hearing results in the required findings, the jury would recommend one of three outcomes: death, life imprisonment without the possibility of release, or a lesser lawful sentence. The judge would then impose the sentence in line with that recommendation.

Appeals and review

The bill would give a death sentence automatic review by the D.C. Court of Appeals if the defendant appeals. The court would review the trial record, the sentencing hearing, the procedures used, and the special findings made at sentencing. The court would have to consider whether the sentence was influenced by passion, prejudice, or another arbitrary factor, and whether the evidence supported the aggravating factor findings. If it found certain errors, it would send the case back for resentencing.

How an execution would work

The bill says executions would generally be carried out by electrocution. However, the person sentenced could choose another method in writing, including lethal injection, firing squad, lethal gas, or nitrogen hypoxia. The bill says the execution could not be delayed because a chosen method is unavailable, and if a chosen method is unavailable, electrocution would be used unless another available method is selected.

The bill would not allow execution of:

• Pregnant women
• People under 18
• People who, because of mental disability, cannot understand the death penalty and why it was imposed

Other legal changes

The bill would make technical changes to federal statutes so that, for certain federal death penalty rules, the District of Columbia is treated like a state. It also includes a severability clause, meaning if one part is struck down as unconstitutional, the rest would remain in effect where possible.

Relevant Companies

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