Amends the District of Columbia Code to authorize the imposition of the death penalty upon persons convicted of first degree murder. Requires a separate sentencing hearing for such persons. Prohibits the preparation of a pre-sentence report for such hearing. Sets forth the type of information to be presented at the hearing including information relating to aggravating or mitigating factors. Authorizes the exclusion of evidence if its probative value is substantially outweighed by specified considerations. Places the burden of establishing: (1) beyond a reasonable doubt the existence of any aggravating factor, upon the Government; and (2) by a preponderance of the evidence the existence of any mitigating factor, upon the defendant.
Requires the jury or the court at such sentencing hearing to return special findings identifying mitigating and aggravating factors. Requires the court to impose a sentence other than death if no aggravating factors are found. Requires the court or the jury to determine whether, if aggravating factors are found, such aggravating factors sufficiently outweigh any mitigating factors to justify a death sentence.
Lists examples of mitigating and aggravating factors. Sets forth the procedure for appeal of a death sentence. Re-enacts provisions for carrying out the death penalty.
Introduced in Senate
Read second time and referred to Senate Committee on Governmental Affairs.
Referred to Subcommittee on Governmental Efficiency.
Committee on Governmental Affairs requested executive comment from Government of the District of Columbia; Justice Department.
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