Death Penalty Act of 1989

Death Penalty Act of 1989 - Amends the Federal criminal code to require a sentence of death or life imprisonment without release for anyone who commits first degree murder under any of the following circumstances: (1) the person murdered was a Federal, State, or local elected official, Federal or State judge, Federal or state law enforcement officer, an employee of a Federal or State prison, or an official of the Federal Bureau of Prisons, under certain circumstances; (2) the person murdered was a witness or informant in a criminal case and the murder was on account of such person's being a witness or informant; (3) the murder was one in a series of related murders committed by the same defendant; (4) the defendant killed more than one person in the same criminal episode; (5) the murder took place as a part of or during a pattern of racketeering activity; (6) the murder was committed in order to compel a third person or a government organization to do or abstain from any act; or (7) the murder was committed through the use of a machinegun or semiautomatic weapon.

Requires the fact finder to consider specified mitigating and aggravating factors in determining whether a sentence of death is justified.

Sets forth procedures for a separate hearing to determine the punishment to be imposed upon a defendant once such defendant is found guilty and if the Government has given the required notice to the defendant that it believes the death penalty is justified.

Provides for a right of appeal of a death sentence by the defendant.

Prohibits the death penalty from being carried out upon a person who lacks the mental capacity to understand the death penalty or upon a pregnant woman, or a person who is under 18 years of age at the time the crime was committed, or upon a person who is mentally retarded.

States that no State or Federal prison employee shall be required to participate in any execution if such participation is contrary to the moral or religious convictions of the employee.

Directs the Attorney General to establish a unit within the Department of Justice to conduct investigations and prosecutions of offenses under this Act. Prohibits personnel assigned to such unit from engaging in other functions for the Department.

Authorizes appropriations for FY 1990 through 1992.