Plain Language Summary
# Eric's Law Summary **What the bill would do:** Eric's Law would change how federal death penalty cases are decided at sentencing. Currently, if a jury cannot unanimously agree on whether a defendant should receive the death penalty, the judge can impose it anyway. This bill would require that if a jury is not unanimous and the prosecution requests it, a new jury must be impaneled for a new sentencing hearing. However, if this second jury also fails to reach unanimity, the judge would be prohibited from imposing a death sentence—meaning the defendant would receive life in prison instead. **Who it affects and current status:** This bill would affect defendants in federal capital cases and the federal criminal justice system.
It's currently in committee and has not yet been voted on by the full Senate. The bill was sponsored by Senator Ted Cruz (R-TX). The change would essentially require unanimous jury agreement for the death penalty in federal cases, with limited exceptions.
CRS Official Summary
Eric's Law This bill modifies procedures with respect to capital sentencing hearings. If a jury at a capital sentencing hearing does not reach a unanimous recommendation on the defendant's sentence and there is a motion by the attorney for the government, the court must order a new special sentencing hearing and impanel a new jury. If the new jury at the special sentencing hearing does not reach a unanimous recommendation on the defendant's sentence, then the court is prohibited from imposing a death sentence.
Latest Action
Read twice and referred to the Committee on the Judiciary.