Federal Death Penalty Act of 1989

openUnited States· United States Congress· EN

Introduced

25 January 1989

Last action

7 November 1989 · Floor

Status

Star Print ordered Report 101-170.

Summary

Federal Death Penalty Act of 1989 - Amends the Federal criminal code to establish criteria for the imposition of the death penalty for Federal crimes. Requires the Government, for any offense punishable by death, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea, that it intends to seek the death penalty and the aggravating factors upon which it will rely. Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to an offense punishable by death. Allows the defendant and the Government to present any information relevant to sentencing, without regard to the rules of evidence, but permits information to be excluded where its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading of the jury. Specifies mitigating factors which the defendant must establish by a preponderance of the information and aggravating factors which the Government must prove beyond a reasonable doubt. Includes as threshold aggravating factors for homicide that the defendant: (1) intentionally killed the victim; (2) intentionally inflicted serious bodily injury which resulted in death of the victim; (3) intentionally participated in an act, contemplating that the life of a person would be taken and the victim died as a direct result of the act; (4) attempted to kill the President of the United States; or (5) intentionally engaged in an act constituting reckless disregard for human life, knowing that the act created a grave risk of death to someone other than the participants, and the victim died as a direct result of the act. Sets forth special aggravating factors with respect to the crimes of treason, espionage, homicide, and attempted murder of the President. States that no person under the age of 16 may be sentenced to death. Directs the court, or the jury by unanimous vote, to impose the death penalty upon a finding that such sentence is justified based on consideration of both the aggravating and mitigating factors. Requires the court to instruct the jury not to consider the race, color, national origin, creed, or sex of the defendant in its consideration of the sentence. Establishes procedures for appeal from a death sentence. Requires the Court of Appeals, upon considering the record and the information and procedures of the sentencing hearing, to affirm the decision if: (1) the sentence was not imposed under influence of passion, prejudice, or arbitrariness; and (2) the information supports the finding of aggravating factors. Requires the court to provide a written explanation of its determination. Prohibits requiring any employee of any State department of corrections, the Federal Bureau of Prisons, or any provider of services under contract to participate in any execution if contrary to his or her moral or religious convictions. Limits the circumstances under which the offense of delivering defense information to aid foreign governments is punishable by death. Provides for the imposition of the death penalty for: (1) murders committed by prisoners in Federal correctional institutions; (2) kidnappings which result in the death of any person; (3) attempting to kill the President of the United States (if such attempt results in bodily injury or comes dangerously close to causing the President's death); (4) "murder for hire"; (5) murder in the aid of a racketeering activity; (6) engaging in a criminal enterprise activity which results in death; and (7) other specified offenses.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

25 January 1989
Introduced
Read twice and referred to the Committee on Judiciary.
Source: IntroReferral
25 January 1989
Introduced
Introduced in Senate
Source: IntroReferral
31 January 1989
Referred
Referred to Subcommittee on Constitution.
Source: Committee
21 July 1989
Floor
Star Print ordered s.32.
Source: Floor
19 September 1989
Committee
Committee on Judiciary. Hearings held.
Source: Committee
17 October 1989
Reported
Committee on Judiciary. Ordered to be reported with amendments without recommendation.
Source: Committee
20 October 1989
Calendars
Placed on Senate Legislative Calendar under General Orders. Calendar No. 309.
Source: Calendars
20 October 1989
Reported
Committee on Judiciary. Reported to Senate by Senator Biden without recommendation with amendments. With written report No. 101-170. Additional views filed.
Source: Committee
20 October 1989
Reported
Committee on Judiciary. Reported to Senate by Senator Biden without recommendation with amendments. With written report No. 101-170. Additional views filed.
Source: Committee
7 November 1989
Floor
Star Print ordered Report 101-170.
Source: Floor

Votes

No vote records are attached yet.

Versions

Introduced in Senate · — · Download file
Reported to Senate · — · Download file

Documents

4 official files

Reported to Senate (text)

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Reported to Senate (text)
Reported to Senate · EN
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Introduced in Senate (text)
Introduced in Senate · EN
View Download Open at official source
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Reported to Senate with amendment(s)
summary · EN · 20 October 1989
Open at official source
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Introduced in Senate
summary · EN · 25 January 1989
Open at official source
Leesvertaling
Vertaal dit document naar jouw taal. PoliticalRepo bewaart geen aparte kopie per EU-taal.
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Related records

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Sources

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Official source: https://www.congress.gov/bill/101st-congress/senate-bill/32
Open data entity: https://api.congress.gov/v3/bill/101/s/32
us · 101-s-32 · source updated 10 August 2026