Federal Death Penalty Act of 1989

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 18 may be sentenced to death.

Directs the court, or the jury by unanimous vote, to recommend whether a sentence of death shall be imposed based on consideration of both the aggravating and mitigating factors. Directs the court to issue the death sentence if recommended.

Requires the court to instruct the jury: (1) not to consider the race, color, national origin, creed, or sex of the defendant or any victim in its consideration of the sentence; and (2) that it is never required to return a death 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.

Sets forth provisions governing implementation of a death sentence. Prohibits the execution of a woman while she is pregnant or of a person who is mentally retarded or disabled under specified criteria. 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.

Racial Justice Act of 1989 - Amends the Federal judicial code to make it unlawful to impose or execute sentences of death under color of State or Federal law in a racially discriminatory pattern. Prohibits a person from being put to death in the execution of a sentence imposed pursuant to any law if that person's death sentence furthers a racially discriminatory pattern.

Provides that ordinary methods of statistical proof shall suffice to establish a racially discriminatory pattern. States that it shall not be necessary to show discriminatory motive, intent, or purpose on the part of any individual or institution.

Establishes the requirements for a prima facie showing that a racially discriminatory pattern exists. States that a State or Federal entity may rebut a prima facie showing by establishing by clear and convincing evidence that identifiable nonracial factors explain the racial disparities constituting the pattern.

Requires any State or Federal entity that provides for the imposition of the death penalty to collect and maintain pertinent data on the charging, disposition, and sentencing patterns for all cases of death-eligible crimes.

Provides for the appointment of counsel for all indigent clients (and the furnishing of investigative and other services) for habeas corpus actions arising under this Act. Provides that no State court determination on the merits of a factual issue pertinent to a claim under this Act shall be presumed to be correct unless: (1) the State has collected and maintained the necessary death penalty data; and (2) the determination was made in a court proceeding where the defendant was afforded his rights required under this Act.

States that nothing contained in this Act shall be construed to affect the lawfulness of any sentence of death that does not violate this Act.

States that the failure to raise such a claim before the enactment of this Act shall not bar future claims.