Legislation to amend federal capital punishment law introduced in the 110 th Congress included proposals to amend the Constitution to remove impediments to imposition of the death penalty, to abolish the federal death penalty, to increase the number of federal capital offenses, and to adjust the procedure under which capital cases are tried and sentencing determinations are made. None were enacted. H.J.Res. H.J.Res. H.J.Res. 80 (Representative McCollum), in contrast, would have abolished capital punishment as a sentencing alternative for either state or federal crimes. Procedural Changes

During the 110 th Congress, proposals were offered that would have modified existing law relating to:
- where a capital offense may be tried,
- the appointment of counsel in capital cases,
- the pre-trial notification which the parties must exchange in capital cases,
- the procedures that apply when the defendant claims to be mentally retarded,
- adjustments in the statutory aggravating and mitigating circumstances,
- jury matters, and
- the site of federal executions. Several bills – e.g., H.R. 880 (Representative Forbes), H.R. 3150 (Representative Keller), H.R. 3156 (Representative Lamar Smith), and S. 1860 (Senator Cornyn) – would have created a new federal crime, one that would have prohibited the commission of a crime of violence "during and in relation" to a drug trafficking offense, proposed 21 U.S.C. 880 (Representative Forbes), H.R. H.R. 851 (Representative Gohmert), H.R. 1914 (Representative Carter), H.R. One of the bills, H.R. 3150 (Representative Keller), H.R. The murder committed during and in relation to a drug trafficking offense appeared as a capital offense in other bills as well ( H.R. 1118 (Representative Keller); H.R. 2376 (Representative Franks), H.R. 3147 (Representative Wilson), H.R. 3156 (Representative Lamar Smith), S. 1320 (Senator Kyl), and S. 1860 (Senator Cornyn) would have proscribed overseas kidnaping of Americans by terrorists and propose the death penalty as a sentencing option when a death results. 1645 (Representative Gutierrez), S. 330 (Senator Isakson), S. 1348 (Senator Reid) – would have proscribed evasion of border inspection and made the offenses punishable by death, imprisonment for any term of years, or for life if death results from a violation, proposed 18 U.S.C. 855 (Representative Lungren), H.R. Capital Punishment for Existing Non-Capital Offenses

H.R. Abolition of Capital Punishment

S. 447 (Senator Feingold)/ H.R. 6875 (Representative Kucinich) would have eliminated the death penalty as a sentencing option for federal and military capital offenses.
Most capital offenses are state crimes. In 1994, however, Congress revived the death penalty as a federal sentencing option. More than a few federal statutes now proscribe offenses punishable by death. A number of bills were offered during the 110th Congress to modify federal law in the area. None were enacted. One, S. 447 (Senator Feingold)/H.R. 6875 (Representative Kucinich), would have abolished the federal death penalty. Another, H.J.Res. 80 (Rep McCollum), would have amended the Constitution to abolish capital punishment as a sentencing alternative for either state or federal crimes. Other proposed amendments would have eased constitutional limitations on the death penalty as a sentencing option, particularly in cases involving the rape of children, H.J.Res. 83 (Representative Broun), H.J.Res. 96 (Representative Chabot).
Several bills would have increased the number of capital offenses to include one or more newly created offenses or existing non-capital offenses newly designated as capital offenses, e.g., H.R. 855 (Representative Lungren), H.R. 880 (Representative Forbes), H.R. 1118 (Representative Keller), H.R. 1645 (Representative Gutierrez), H.R. 2376 (Representative Franks), H.R. 3147 (Representative Wilson), H.R. 3150 (Representative Keller), H.R. 3156 (Representative Lamar Smith), S. 330 (Senator Isakson), S. 607 (Senator Vitter), S. 1320 (Senator Kyl), S. 1348 (Senator Reid), and S. 1860 (Senator Cornyn).
Numbered among the new capital offenses and newly designated capital offenses were murder related to street gang offenses or Travel Act violations, murder committed during and in relation to drug trafficking, murder committed in the course of evading border inspection, murder of disaster assistance workers, and various terrorism-related murders.
A third category of proposals would have adjusted in one way or another the procedures used to try and sentence capital defendants, including those relating to where a capital offense may be tried, the appointment of counsel in capital cases, the pre-trial notification which the parties must exchange in capital cases, the procedures that apply when the defendant claims to be mentally retarded, adjustments in the statutory aggravating and mitigating circumstances, jury matters, and the site of federal executions. Among the bills offering one or more of these proposals were: H.R. 851 (Representative Gohmert), H.R. 880 (Representative Forbes), H.R. 1645 (Representative Gutierrez), H.R. 1914 (Representative Carter), H.R. 3150 (Representative Keller), H.R. 3153 (Representative Gerlach), H.R. 3156 (Representative Lamar Smith), S. 1320 (Senator Kyl), and S. 1860 (Senator Cornyn).
An abridged version of this report – without footnotes, appendices, and most citations, is available as CRS Report RS22719, Capital Punishment Legislation in the 110th Congress: A Sketch, by [author name scrubbed].