A bill to provide Federal penalties for drive-by shootings.

Summary

Amends the Federal criminal code to establish the following penalties to be imposed against any person who, in furtherance or to avoid detection of a major drug offense, with intent to intimidate, harass, injure, or or maim another person, fires a weapon into a group of two or more people: (1) where death does not occur, a fine and up to 25 years' imprisonment; and (2) causing death, a fine, life imprisonment, or, in a case of first degree murder, a sentence of death. Establishes criteria for the imposition of the death penalty for such 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, or at such time thereafter as the court may permit upon a showing of good cause, 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, but permits evidence to be excluded where its probative value is substantially outweighed by the danger of creating unfair prejudice, confusing the issues, or misleading the jury. Specifies mitigating and aggravating factors. Sets forth procedures for: (1) appeal from a death sentence; and (2) implementation of a sentence of death. Provides for the appointment of counsel in Federal cases where the defendant is or becomes financially unable to obtain adequate representation. Sets forth standards for the competence of counsel. Sets forth provisions regarding: (1) deadlines for collateral attacks on judgments imposing a sentence of death; and (2) stays of execution.

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Documents

3 official files

• Introduced in Senate (text)

  Introduced in Senate · EN · 3 March 1993

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• Introduced in Senate (PDF)

  Introduced in Senate · EN · 3 March 1993

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• Introduced in Senate

  summary · EN · 3 March 1993

  Open at official source

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