Page:United States Statutes at Large Volume 106 Part 2.djvu/558

 106 STAT. 1438 PUBLIC LAW 102-382—OCT. 5, 1992 "'(10) SUBSTANTIAL PLANNING AND PREMEDITATION. —The defendant committed the offense after substantial planning and premeditation. ''(11) VULNERABILITY OF VICTIM. — The victim was particularly vulnerable due to old age, youth, or infirmity. "'(12) KILLING OF PUBLIC SERVANT.—The defendant committed the offense against a public servant— "'(A) while the public servant was engaged in the performance of his or her official duties; "'(B) because of the performance of the public servant's offidcd duties; or "'(C) because of the public servant's status as a public servant. "'(13) KiLUNG TO INTERFERE WITH OR RETALIATE AGAINST WITNESS.—The defendant committed the offense in order to prevent or inhibit any person from testifying or providing information concerning an offense, or to retaliate against any person for testifying or providing such information. ''(f) NOTICE OF INTENT TO SEEK DEATH PENALTY.— If the government intends to seek the death penalty for an offense under this section, the attorney for the government shall file with the court and serve on the defendant a notice of such intent. The notice shall be provided a reasonable time before the trial or acceptance of a guilty plea, or at such later time as the court may permit for good cause. The notice shall set forth the aggravating factor or factors set forth in subsection (e) and any other aggravating factor or factors that the government will seek to prove as the basis for the death penalty. The factors for which notice is provided under this subsection may include factors concerning the effect of the offense on the victim and the victim's family. The court may permit the attorney for the government to amend the notice upon a showing of good cause. "'(g) JUDGE AND JURY AT CAPITAL SENTENCING HEARING.— A hearing to determine whether the death penalty will be imposed for an offense under this section shall be conducted by the judge who presided at trial or accepted a guilty plea, or by another judge if that judge is not available. The hearing shall be conducted before the jury that determined the defendant's guilt if that jury is available. A new jury shall be impaneled for the purpose of the hearing if the defendant pleaded guilty, the trial of guilt was conducted without a jury, the jury that determined the defendant's guilt was discharged for good cause, or reconsideration of the sentence is necessary after the initial imposition of a sentence of death. A jury impaneled under this subsection shall have 12 members unless the parties stipulate to a lesser number at any time before the conclusion of the hearing with the approval of the court. Upon motion of the defendant, with the approval of the attorney for the government, the hearing shall be carried out before the judge without a jury. If there is no jury, references to "the jury" in this section, where applicable, shall be understood as referring to the judge. "'(h) PROOF OF MITIGATING AND AGGRAVATING FACTORS. —N O presentence report shall be prepared if a capital sentencing hearing is held under this section. Any information relevant to the existence of mitigating factors, or to the existence of aggravating factors for which notice has been provided under subsection (f), may be presented by either the government or the defendant, regardless

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