HR3449-118

1. Short title This Act may be cited as Eric’s Law.

2. Requirement to impanel a new jury in certain cases Section 3593(b)(2) of title 18, United States Code, is amended— by striking or at the end of subparagraph (C); and by adding at the end the following: a new special hearing is required pursuant to subsection (g); or Section 3593 of such title is amended by adding at the end the following: Subject to paragraph (3), if a jury described in subsection (b)(1) or subparagraphs (A) through (D) of subsection (b)(2) does not, by unanimous vote, make a recommendation whether the defendant should be sentenced to death, life imprisonment without the possibility of release, or some other lesser sentence pursuant to subsection (e), the court, upon motion of the attorney for the government, shall order a new special hearing and impanel a new jury pursuant to subsection (b). If the jury impaneled pursuant to paragraph (1) does not reach a unanimous recommendation as to sentence, the court shall impose a sentence other than death authorized by law. This subsection shall only apply to a defendant who is— an inmate serving a life sentence for murder; and convicted of another murder while serving such life sentence. (E)a new special hearing is required pursuant to subsection (g); or. (g)Special rule for inmates when jury does not return a unanimous recommendation (1)In generalSubject to paragraph (3), if a jury described in subsection (b)(1) or subparagraphs (A) through (D) of subsection (b)(2) does not, by unanimous vote, make a recommendation whether the defendant should be sentenced to death, life imprisonment without the possibility of release, or some other lesser sentence pursuant to subsection (e), the court, upon motion of the attorney for the government, shall order a new special hearing and impanel a new jury pursuant to subsection (b). (2)Imposition of sentenceIf the jury impaneled pursuant to paragraph (1) does not reach a unanimous recommendation as to sentence, the court shall impose a sentence other than death authorized by law. (3)LimitationThis subsection shall only apply to a defendant who is— (A)an inmate serving a life sentence for murder; and (B)convicted of another murder while serving such life sentence. .