Plain Language Summary
# Eric's Law Summary **What the Bill Would Do** Eric's Law would change how death penalty cases are handled after a jury decides on sentencing. Currently, if jurors can't unanimously agree on whether someone should receive the death penalty, judges have some discretion in what happens next. This bill would require that if a jury fails to unanimously recommend death and the prosecution requests it, the case must go to a new sentencing hearing with a completely new jury. If that second jury also can't reach unanimous agreement, the judge would be banned from imposing the death sentence. **Who It Affects and Current Status** This bill would affect defendants in federal capital (death penalty) cases and the federal court system.
It's sponsored by Rep. Robert Bresnahan (R-PA) and is currently in committee, meaning it hasn't yet been debated or voted on by the full House. The bill essentially makes it harder to sentence someone to death by requiring unanimous jury agreement and preventing judges from overriding a second jury's inability to agree.
CRS Official Summary
Eric's Law This bill modifies procedures with respect to capital sentencing hearings. If a jury at a capital sentencing hearing does not reach a unanimous recommendation on the defendant's sentence and there is a motion by the attorney for the government, the court must order a new special sentencing hearing and impanel a new jury. If the new jury at the special sentencing hearing does not reach a unanimous recommendation on the defendant's sentence, then the court is prohibited from imposing a death sentence.
Latest Action
Referred to the House Committee on the Judiciary.