Amends the Uniform Code of Military Justice to provide that no person may be sentenced to death by a court-martial unless all the members of the court-martial concur in such sentence.
Allows a sentence of death only if the members of the court-martial find, beyond a reasonable doubt, one or more of the following aggravating factors: (1) that the offense was committed in the presence of the enemy; (2) that the accused intended to cause a grave risk of substantial damage to national security or a mission of the United States; (3) that the offense actually caused substantial damage to U.S. national security (whether intended or not); (4) that the accused knowingly created a grave risk of death to one or more persons in addition to the victim of the offense; (5) that the accused committed the offense with the intent to avoid hazardous duty; (6) that (for certain offenses) the offense was committed in a time of war and in engaged or occupied territory; (7) that (for certain offenses) the accused was serving a sentence of 30 years or more, was committing specified crimes or was fleeing after the commission of such crimes, was committing the offense for specified purposes, or that the victims of such crimes were specified high-ranking officials or public servants; (8) that (for certain offenses) the accused was the actual perpetrator of the killing; (9) that (for certain offenses) the victim was under age 12 or the accused maimed or attempted to kill such victim; (10) that a sentence of death is authorized for such offense; (11) that the accused has previously been convicted of an offense involving espionage or treason; or (12) that the offense involved such other factors as may be prescribed by the President.
Outlines instructions to be given to members of the court-martial by the military judge in such a capital punishment case. Requires members of the court-martial to vote by secret ballot in closed session. Directs the president of the court-martial, if a sentence of death is adjudged, to announce which aggravating factor(s) was found by the members.
Introduced in House
Introduced in House
Referred to House Committee on Armed Services.
Executive Comment Requested from DOD.
Referred to Subcommittee on Military Personnel and Compensation.
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