Page:United States Statutes at Large Volume 102 Part 5.djvu/386

 102 STAT. 4392

PUBLIC LAW 100-690—NOV. 18, 1988 "(6) The defendant procured the commission of the offense by payment, or promise of payment, of anything of pecuniary value. "(7) The defendant committed the offense as consideration for the receipt, or in the expectation of the receipt, of anything of pecuniary value. "(8) The defendant committed the offense after substamtial planning and premeditation. "(9) The victim was particularly vulnerable due to old age, youth, or infirmity. "(10) The defendant had previously been convicted of violating this title or title III for which a sentence of five or more years may be imposed or had previously been convicted of engaging in a continuing criminal enterprise. "(11) The violation of this title in relation to which the conduct described in subsection (e) occurred was a violation of section 405. "(12) The defendant committed the offense in an especially heinous, cruel, or depraved manner in that it involved torture or serious physical abuse to the victim. "Right of the Defendant to Justice Without Discrimination

Reports.

"(o)(1) In any hearing held before a jury under this section, the court shall instruct the jury that in its consideration of whether the sentence of death is justified it shall not consider the race, color, religious beliefs, national origin, or sex of the defendant or the victim, and that the jury is not to recommend a sentence of death unless it has concluded that it would recommend a sentence of death for the crime in question no matter what the race, color, religious beliefs, national origin, or sex of the defendant, or the victim, may be. The jury shall return to the court a certificate signed by each juror that consideration of the race, color, religious beliefs, national origin, or sex of the defendant or the victim was not involved in reaching his or her individual decision, and that the individual juror would have made the same recommendation regarding a sentence for the crime in question no matter what the race, color, religious beliefs, national origin, or sex of the defendant, or the victim, may be. "(2) Not later than one year from the date of enactment of the Anti-Drug Abuse Amendments Act of 1988, the Comptroller General shall conduct a study of the various procedures used by the several States for determining whether or not to impose the death penalty in particular cases, and shall report to the Congress on whether or not any or all of the various procedures create a significant risk that the race of a defendant, or the race of a victim against whom a crime was committed, influence the likelihood that defendants in those States will be sentenced to death. In conducting the study required by this paragraph, the General Accounting Office shall— "(A) use ordinary methods of statistical analysis, including methods comparable to those ruled admissible by the courts in race discrimination cases under title VII of the Civil Rights Act of 1964; "(B) study only crimes occurring after January 1, 1976; and "(C) determine what, if any, other factors, including any relation between any a ^ r a v a t i i ^ or mitigating factors and the race of the victim or the defendant, may account for any

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