To amend title 18, United States Code, to provide a death penalty for the murder of foreign visitors.
Foreign Tourist Protection Act of 1993 - Amends the Federal criminal code to provide the death penalty for the first degree murder of a person who is not a U.S. national, is legally in the United States, and does not have the right to permanently reside in the United States. Prohibits imposition of a death sentence on persons under age 18 at the time of the offense or who are mentally retarded.
Sets forth mitigating factors (such as mental capacity, duress, minor participation in the offense, and no significant criminal history) and aggravating factors (such as involvement of a firearm or previous conviction of a violent felony involving a firearm, previous conviction for other serious offenses, substantial planning and premeditation, and vulnerability of the victim).
Sets forth provisions regarding: (1) procedures for a special hearing to determine whether a death sentence is justified; (2) the return of findings; (3) special precaution to assure against discrimination (based on the race, color, religion, national origin, or sex of the defendant or any victim); and (4) imposition, review, and implementation of a death sentence.
Prohibits: (1) the execution of persons lacking the mental capacity to understand the death penalty and why it was imposed or of a pregnant woman; and (2) requiring any employee of a State department of corrections, the Federal Bureau of Prisons, the U.S. Marshals Service, or any contractor providing services to such department, bureau, or service to attend or participate in any execution contrary to such employee's moral or religious convictions.
Sets forth provisions regarding: (1) the use of State facilities; (2) appointment of counsel; (3) standards for competence of counsel; (4) collateral attacks on judgments imposing a death sentence; and (5) stays of execution.
Introduced in House
Introduced in House
Referred to the House Committee on Judiciary.
Sponsor introductory remarks on measure. (CR H7040)
Referred to the Subcommittee on Civil and Constitutional Rights.
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