A bill to amend title 18 of the United States Code to provide for the imposition of the death penalty in certain espionage cases.

Summary

Amends the Federal criminal code to impose a 20 year minimum term of imprisonment for espionage. Allows for the sentence of death during peacetime if the offense is found to involve: (1) nuclear weaponry, military spacecraft, warning systems, or other means of defense against large-scale attack; (2) war plans; (3) communications intelligence or cryptographic information; (4) methods of intelligence or counterintelligence operations; or (5) any other major element of defense strategy. Establishes criteria for the imposition of the death penalty. Requires the Government, for such offense, to serve upon the defendant a reasonable time before trial or acceptance of a plea a notice stating that it intends to seek the death penalty and setting forth 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. 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. Makes any person sentenced to a term of imprisonment under this Act ineligible for probation or parole. Establishes procedures for the appeal of a death sentence. Requires the court of appeals, upon consideration of the record, to affirm the decision if: (1) the sentence was not imposed under the influence of passion, prejudice, or arbitrariness; and (2) the information supports the finding of an aggravating factor. Requires the court to provide a written explanation of its determination. Sets forth procedures for the implementation of the death sentence. States that the death sentence shall not be carried out upon a woman while she is pregnant.

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

Timeline

1. 8 April 1987

   Introduced

   Read twice and referred to the Committee on Judiciary.

   Source: IntroReferral

2. 8 April 1987

   Introduced

   Introduced in Senate

   Source: IntroReferral

3. 15 May 1987

   Referred

   Referred to Subcommittee on Constitution.

   Source: Committee

Votes

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Versions

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Documents

1 official file

• Introduced in Senate

  summary · EN · 8 April 1987

  Open at official source

Sponsors

• Sen. Roth Jr., William V. [R-DE] · R · Sponsor
• Sen. Dole, Robert J. [R-KS] · R · Sponsor
• Sen. Dixon, Alan J. [D-IL] · D · Sponsor
• Sen. Hatch, Orrin G. [R-UT] · R · Cosponsor
• Sen. Nickles, Don [R-OK] · R · Cosponsor
• Sen. Stevens, Ted [R-AK] · R · Cosponsor
• · ssju00 · Standing

Related records

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