Page:United States Statutes at Large Volume 108 Part 3.djvu/216

 108 STAT. 1968 PUBLIC LAW 103-322—SEPT. 13, 1994 of a sentence of death, and the sentence shall be implemented in the latter State in the manner prescribed by such law. "(b) PREGNANT WOMAN.—A sentence of death shall not be carried out upon a woman while she is pregnant. "(c) MENTAL CAPACITY.—^A sentence of death shall not be carried out upon a person who is mentally retarded. A sentence of death shall not be carried out upon a person who, as a result of mental disability, lacks the mental capacity to understand the death penalty and why it was imposed on that person. ' '§ 3597. Use of State facilities "(a) IN GENERAL.—A United States marshal charged with supervising the implementation of a sentence of death may use appropriate State or local facilities for the purpose, may use the services of an appropriate State or local official or of a person such an official employs for the purpose, and shall pay the costs thereof in an amount approved by the Attorney General. "(b) EXCUSE OF AN EMPLOYEE ON MORAL OR RELIGIOUS GROUNDS.— No employee of any State department of corrections, the United States Department of Justice, the Federal Bureau of Prisons, or the United States Marshals Service, and no employee providing services to that department, bureau, or service under contract shall be required, as a condition of that employment or contractual obligation, to be in attendance at or to participate in any prosecution or execution under this section if such participation is contrary to the moral or religious convictions of the employee. In this subsection, 'participation in executions' includes personal preparation of the condemned individual and the appsiratus used for execution and supervision of the activities of other personnel in carrying out such activities. "Notwithstanding sections 1152 and 1153, no person subject to the criminal jurisdiction of an Indian tribal government shall be subject to a capital sentence under this chapter for any offense the Federal jurisdiction for which is predicated solelv on Indian country (as deflned in section 1151 of this title) and which has occurred within the boundaries of Indian country, unless the governing body of the tribe has elected that this chapter have effect over land and persons subject to its criminal jurisdiction.". (b) TECHNICAL AMENDMENT.—The part analysis for part II of title 18, United States Code, is amended by inserting after the item relating to chapter 227 the following new item: "228. Death sentence 3591". SEC. 60003. SPECIFIC OFFENSES FOR WmCH DEATH PENALTY IS AUTHORIZED. (a) CONFORMING CHANGES IN TITLE 18.— Title 18, United States Code, is amended as follows: (1) AIRCRAFT AND MOTOR VEHICLES.— Section 34 of title 18, United States Code, is amended by striking the comma after "imprisonment for life", inserting a period, and striking the remainder of the section. (2) ESPIONAGE. — Section 794(a) of title 18, United States Code, is amended by striking the period at the end of the section and inserting ", except that the sentence of death shall not be imposed unless the jury or, if there is no jury, the
 * § 3698. Special provisions for Indian country

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