Page:United States Statutes at Large Volume 102 Part 5.djvu/382

 102 STAT. 4388

PUBLIC LAW 100-690—NOV. 18, 1988

procures, or causes the intentional killing of any Federal, State, or local law enforcement officer engaged in, or on account of, the performance of such officer's official duties and such killing results, shall be sentenced to any term of imprisonment, which shall not be less than 20 years, and which may be up to life imprisonment, or may be sentenced to death. "(2) As used in paragraph (IXb), the term 'law enforcement officer' means a public servant authorized by law or by a Government agency or Congress to conduct or engage in the prevention, investigation, prosecution or adjudication of an offense, and includes those engaged in corrections, probation, or parole functions.". (b) PROCEDURE APPLICABLE WITH RESPECT TO THE DEATH PEN-

ALTY.—Section 408 of the Controlled Substances Act (21 U.S.C. 848) is amended by adding at the end the following: "Hearing Required with Respect to the Death Penalty "(g) A person shall be subjected to the penalty of death for any offense under this section only if a hearing is held in accordance with this section. "Notice by the Government in Death Penalty Cases "(h)(1) Whenever the Government intends to seek the death penalty for an offense under this section for which one of the sentences provided is death, the attorney for the Government, a reasonable time before trial or acceptance by the court of a plea of guilty, shall sign and file with the court, and serve upon the defendant, a notice— "(A) that the Government in the event of conviction will seek the sentence of death; and "(B) setting forth the aggravating factors enumerated in subsection (n) and any other aggravating factors which the Government will seek to prove as the basis for the death penalty. "(2) The court may permit the attorney for the Government to amend this notice for good cause shown. "Hearing Before Court or Jury "(i)(1) When the attorney for the Government has filed a notice as required under subsection (h) and the defendant is found guilty of or pleads guilty to ah offense under subsection (e), the judge who presided at the trial or before whom the guilty plea was entered, or any other judge if the judge who presided at the trial or before whom the guilty plea was entered is unavailable, shall conduct a separate sentencing hearing to determine the punishment to be imposed. The hearing shall be conducted— "(A) before the jury which determined the defendant's guilt; "(B) before a jury impaneled for the purpose of the hearing if— "(i) the defendant was convicted upon a plea of guilty; "(ii) the defendant was convicted after a trial before the court sitting without a jury; "(iii) the jury which determined the defendant's guilt has been discharged for good cause; or

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