Eric’s Law
Summary
What This Bill Does
Eric's Law changes federal death-penalty sentencing procedure. When a jury in a federal capital case cannot unanimously recommend death, life imprisonment without release, or another lesser sentence, the court must, on the government's motion, order a new special hearing and impanel a new jury. If the second jury also fails to reach a unanimous sentencing recommendation, the court must impose a sentence other than death authorized by law. The bill gives federal prosecutors and victims' families one additional opportunity to seek a unanimous death recommendation after a hung penalty jury, while also creating a two-jury limit that ends death eligibility after a second deadlock.
Who Benefits and How
Federal prosecutors benefit because they can request a second capital sentencing hearing after a hung penalty jury. Victims' families seeking a death sentence benefit from one additional jury opportunity before death is foreclosed. The Department of Justice capital-case unit benefits from a clearer statutory procedure for penalty-phase deadlocks. Federal judges benefit from an explicit rule for when to impanel a new jury and when to impose a non-death sentence.
Who Bears the Burden and How
Capital defendants face a second penalty hearing and continued death-sentence exposure after the first jury deadlocks. Federal defenders must prepare and try another special sentencing hearing when the government moves for one. Federal courts bear added trial time, juror management, security, and evidentiary burden for second penalty proceedings. Jurors in the second hearing must weigh death-penalty evidence even after a prior jury failed to agree.
Key Provisions
- Requires a new special sentencing hearing when a federal capital jury fails to reach a unanimous recommendation.
- Authorizes the government to move for impaneling a new jury.
- Blocks a death sentence if the second jury also fails to reach a unanimous recommendation.
- Creates a clear two-step procedure for federal capital penalty-phase deadlocks.
Evidence Chain:
This summary is generated from the full bill text using AI analysis. Expand "Detailed Analysis" below for identified beneficiaries/burden bearers with clause-level evidence links.
At a Glance
What This Bill Does
Requires a new federal capital-sentencing hearing with a new jury when the first jury cannot unanimously recommend death, life without release, or a lesser sentence, but bars death if the second jury also deadlocks.
Key Policy Areas
Criminal Justice, Death Penalty, Federal Courts
Primary Purpose
Requires a new federal capital-sentencing hearing with a new jury when the first jury cannot unanimously recommend death, life without release, or a lesser sentence, but bars death if the second jury also deadlocks.
Policy Domains
Resolution provisions
Identified Gains
- Federal prosecutors
- Victims' families
- DOJ capital-case unit
- Federal judges
Identified Costs
- Capital defendants
- Federal defenders
- Federal courts
- Second-hearing jurors
Sponsors
Legislative Progress
In CommitteeMr. Bresnahan (for himself, Mr. Thompson of Pennsylvania, and Mr. …
Referred to the House Committee on the Judiciary.
Introduced in House
Stakeholder Effects
cui bono?How this legislation distributes effects. Mention counts reflect frequency, not effect magnitude.
Bill Structure & Actor Mappings
Who is "The Secretary" in each section?
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