Page:United States Statutes at Large Volume 88 Part 1.djvu/455

 88 STAT. ]

PUBLIC LAW 93-366-AUG. 5, 1974

"(4) For purposes of this subsection an aircraft is considered to be in flight from the moment when all the external doors are closed following embarkation until the moment when one such door is opened for disembarkation, or in the case of a forced landing, until the competent authorities take over responsibility for the aircraft and for the persons and property aboard.". (c) Subsection (o) of such section 902, as so redesignated by subsection (b) of this section, is amended by striking out "subsections (i) through (m) " and inserting in lieu thereof "subsections (i) through (n)". SEC. 104. (a) Section 902(i)(1) is the Federal Aviation Act of 1958 (49 U.S.C. 1472(i)(1)) is amended to read as follows: "(1) Whoever commits or attempts to commit aircraft piracy, as herein defined, shall be punished— " (A) by imprisonment for not less than 20 years; or " (B) if the death of another person results from the commission or attempted commission of the offense, by death or by imprisonment for life.". (b) Section 902(i) of such Act is further amended by adding at the end thereof the following new paragraph: "(3) An attempt to commit aircraft piracy shall be within the special aircraft jurisdiction of the United States even though the aircraft is not in flight at the time of such attempt if the aircraft would have been within the special aircraft jurisdiction of the United States had the offense of aircraft piracy been completed.". SEC. 105. Section 903 of the Federal Aviation Act of 1958 (49 U.S.C. 1473), relating to venue and prosecution of offenses, is amended by adding at the end thereof the following new subsection:

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"PROCEDURE IN RESPECT OF PENALTY FOR AIRCRAFT PIRACY

"(c)(1) A person shall be subjected to the penalty of death for any offense prohibited by section 902(i) or 902 (n) of this Act only if a ^J^t''/' ^^Q hearing is held in accordance with this subsection. "(2) When a defendant is found guilty of or pleads guilty to an ^^^^^"^^"'^'"^ offense under section 902(i) or 902(n) of this Act for which one of hearing. the sentences provided is death, the judge who presided at the trial or before whom the guilty plea was entered shall conduct a separate sentencing hearing to determine the existence or nonexistence of the factors set forth in paragraphs (6) and (7), for the purpose of determining the sentence to be imposed. The hearing shall not be held if the Government stipulates that none of the aggravating factors set forth in paragraph (7) exists or that one or more of the mitigating factors set forth in paragraph (6) exists. The hearings shall be conducted— " (A) before the jury which determined the defendant's guilt; " (B) before a jury impaneled for the purpose of the hearing if— "(i) the defendant was convicted upon a plea of guilty; "(ii) the defendant was convicted after a trial before the court sitting without a jury; or "(iii) the jury which determined the defendant's guilt has been discharged by the court for good cause; or " (C) before the court alone, upon the motion of the defendant and with the approval of the court and of the Government.

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