Page:United States Statutes at Large Volume 108 Part 2.djvu/526

 108 STAT. 1242 PUBLIC LAW 103-272—JULY 5, 1994 (b) OUTSIDE SPECIAL AIRCRAFT JURISDICTION.— (1) An individual committing an offense (as defined in the Convention for the Suppression of Unlawful Seizure of Aircraft) on an aircraft in flight outside the special aircraft jurisdiction of the United States and later found in the United States— (A) shall be imprisoned for at least 20 years; or (B) if the death of another individual results from the commission or attempt, shall be. put to death or imprisoned for life. (2) This subsection applies only if the place of takeoff or landing of the aircraft on which the individual commits the offense is located outside the territory of the country of registration of the aircraft. §46503. Death penalty sentencing procedure for aircraft piracy (a) GOVERNMENT STIPULATIONS.— An individual convicted of violating section 46502 of this title may not be sentenced to death if the United States Government stipulates that at least one of the mitigating factors specified in subsection (c)(1) of this section exists or none of the aggravating factors specified in subsection (c)(2) of this section exists. If the Government does not stipulate, the judge presiding at the trial or accepting the guilty plea of the individual shall hold a separate hearing to decide on the punishment to be imposed. (b) PUNISHMENT HEARINGS.— (1) The hearing under this section shall be conducted— (A) before the jury that found the defendant guilty; (B) before a jury impaneled for the hearing when— (i) the defendant was convicted by a guilty plea; (ii) the defendant was convicted by a judge without a jury; or (iii) the jury finding the defendant guilty was discharged by the judge for good cause; or (C) before the judge, on motion of the defendant and with the approval of the judge and the Government. (2) At the hearing, the judge shall disclose to the defendant or counsel for the defendant all material contained in any presentence report, except material the judge decides is required to be withheld to protect human life or national security. Presentence information withheld from the defendant may not be considered in deciding whether the factors specified in subsection (c) of this section exist. (3) Information relevant to the mitigating factors specified in subsection (c)(1) of this section may be presented by the Government or the defendant without regard to the rules governing the admissibility of evidence at criminal trials. The burden of establishing the existence of a mitigating factor specified in subsection (c)(1) is on the defendant. (4) Information relevant to the aggravating factors specified in subsection (c)(2) of this section is admissible only under rules governing the admissibility of evidence at criminal trials. The burden of establishing the existence of an aggravating factor specified in subsection (c)(2) is on the Government. (5) The Government and the defendant may rebut information presented at the hearing. They shall be given an opportunity to

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