Death Penalty Act of 1991

Death Penalty Act of 1991 - Amends the Federal criminal code to establish criteria for the imposition of the death penalty for specified 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 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 participated in an act, contemplating that the life of a person would be taken or intending that lethal force would be used in connection with a person, other than one of the participants in the offense, and the victim died as a direct result of the act; (3) attempted to kill the President of the United States; or (4) 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 who was less than 18 years of age at the time of the offense may be sentenced to death. Prohibits the execution of mentally retarded persons or pregnant women.

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.

Requires the court to instruct the jury not to consider the race, color, national origin, creed, or sex of the defendant or any victim in its consideration of the 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.

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 participation is contrary to his or her moral or religious convictions.

Provides for the appointment of counsel in Federal capital cases where the defendant is or becomes financially unable to obtain adequate representation.

Sets standards for the competence of counsel in death penalty cases. Precludes consideration of claims of ineffectiveness of counsel in specified circumstances.

Provides for a mandatory stay of execution during post-conviction review. Details conditions which will cause such stay to expire.

Prohibits a Federal court, if one of such conditions has occurred, from entering a stay of execution or granting relief in a capital case unless: (1) the basis for the stay and request for relief is a claim not previously presented by the prisoner in the State or Federal courts; (2) the failure to raise the claim was the result of State action in violation of the Constitution or laws of the United States, was the result of Supreme Court recognition of a new fundamental right that is retroactively applicable, or is based on facts that could not have been discovered through the exercise of reasonable diligence in time to present the claim for State or Federal post-conviction review; and (3) the facts underlying the claim would be sufficient, if proven, to undermine the court's confidence in the jury's determination of guilt on the offense for which the death penalty was imposed.

Specifies that no person subject to the criminal jurisdiction of an Indian tribal government shall be subject to a capital sentence for specified offenses unless the governing body of the tribe has made an election that provisions of the Federal criminal code have effect over land and persons subject to its criminal jurisdiction.

Provides for the imposition of the death penalty for: (1) murder committed by prisoners in Federal prisons; (2) kidnappings which result in the death of any person; (3) hostage takings which result in the death of any person; (4) 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); (5) murder for hire; (6) murder in the aid of a racketeering activity; (7) international terrorism (where the killing is a first-degree murder); and (8) engaging in a criminal enterprise activity which results in death.

Amends the Controlled Substances Act to establish criteria for the imposition of the death penalty for certain continuing criminal enterprise drug offenses.

Sets forth provisions authorizing the death penalty or lesser penalties for genocide.