Page:United States Statutes at Large Volume 108 Part 3.djvu/207

 note. PUBLIC LAW 103-322—SEPT. 13, 1994 108 STAT. 1959 and Safe Streets Act of 1968, the Comptroller General shall consider, among other things— (1) recidivism rates of program participants; (2) completion rates among program participants; (3) drug use by program participants; and (4) the costs of the program to the criminal justice system. TITLE VI—DEATH PENALTY g^er-j ^ef ^ 1994. SEC. 60001. SHORT TITLE. 18 USC 3591 This title may be cited as the "Federal Death Penalty Act of 1994". SEC. 60002. CONSTITUTIONAL PROCEDURES FOR THE IMPOSITION OF THE SENTENCE OF DEATH. (a) IN GENERAL.— Part II of title 18, United States Code, is amended by inserting after chapter 227 the following new chapter: "CHAPTER 228—DEATH SENTENCE "Sec. "3591. Sentence of death. "3592. Mitigating and aggravating factors to be considered in determining whether a sentence of death is justified. "3593. Special hearing to determine whether a sentence of death is justified. "3594. Imposition of a sentence of death. "3595. Review of a sentence of death. "3596. Implementation of a sentence of death. "3597. Use of State facilities. "3 59 8. Special provisions for Indian country. ''§ 3591. Sentence of death "(a) A defendant who has been found guilty of— "(1) an offense described in section 794 or section 2381; or "(2) any other offense for which a sentence of death is provided, if the defendant, as determined beyond a reasonable doubt at the hearing under section 3593— "(A) intentionally killed the victim; "(B) intentionally inflicted serious bodily injury that resulted in the death of the victim; "(C) intentionally participated in an act, contemplating that the life of a person would be taken or intending that lethal force would be used in connection with a person, other than one of the participants in the offense, and the victim died as a direct result of the act; or "(D) intentionally and specifically engaged in an act of violence, knowing that the act created a grave risk of death to a person, other than one of the participants in the offense, such that participation in the act constituted a reckless disregard for human life and the victim died as a direct result of the act, shall be sentenced to death if, after consideration of the factors set forth in section 3592 in the course of a hearing held pursuant to section 3593, it is determined that imposition of a sentence of death is justified, except that no person may be sentenced to death who was less than 18 years of age at the time of the offense. "(b) A defendant who has been found guilty of—

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