Moreover, the proposed provision (1) in the earlier post has become even more realistic since today's U.S. Supreme Court Jones v. Hendrix decision, which stated 6-3 that there is no constitutional right to collateral review under the Suspension Clause.
(5) The word "Special" about Chapter 154 is repealed.
With respect to 28§2266:
– At (c)(1)(A) the deadline is simplified as "300 days after the appealed decision".
– At (c)(1)(B)(i) the deadline is simplified as "60 days after the panel decision".
(6) Provisions (1) to (5) shall take effect one month after this Act is enacted.
The U.S. Supreme Court will have to decide the constitutionality of these provisions, and it will probably take less than two years.
For that purpose, the court should stay the enforcement of provision (1) before it takes effect and until the court issues a final determination of its constitutionality.
Only in the unlikely event that this decision strike down provision (1), in part or in full, would provisions (2) or (3) become enforceable.
(7) 28§2266 shall apply to:
– Sentences of death imposed by a federal court with respect to both direct and collateral review (excluding 28§2266(b) with respect to direct review).
– Any other lawsuit than can lead to stay the execution or otherwise annul, affect or impede any sentence of death imposed by a federal court.
(8) Neither the Food and Drug administration nor any federal administration, agency, court or entity, shall have jurisdiction nor any power to regulate, restrict or prohibit in any way the use of any drug or any thing used for execution of a sentence of death imposed by a state court; including, but not limited to, when the drug or thing was purchased of otherwise acquired from abroad.
Only the U.S. attorney general shall have jurisdiction to regulate, restrict or prohibit in any way the use of any drug or any thing used for any execution of a sentence of death imposed by a federal court.
(9) For the enforcement of provisions (1) to (8), territorial courts and home rule courts shall be treated in the same manner as state courts.
(10) Neither the Religious Land Use and Institutionalized Persons Act, nor the Religious Freedom Restoration Act, nor any other law, shall impose to the execution of any sentence of death more than what is already guaranteed by the First amendment with respect to religious accommodations.
(11) When an inmate is wanted by different U.S. sovereigns, priority shall be given for custody to the one that imposed a sentence of death upon him.
When an inmate is wanted by different U.S. sovereigns that imposed a sentence of death upon him, priority shall be given for custody to the one that can reasonably be expected to execute that sentence the earliest.
For the enforcement of this provision, territories and home rule districts shall be treated in the same manner as sovereigns.
(12) Life without parole is the minimum penalty for any capital crime.
When the death penalty is pursued, the question asked to the jury is what a penalty shall be, and not a weighing of factors.
In U.S. district courts, when a jury deadlocks on capital sentencing, a penalty retrial shall be held before a different jury, as long as the death penalty remains pursued, until one jury is unanimous.
A three-fourths majority shall be required for a court-martial or a military commission to impose a sentence of death, and any lesser majority shall be for a life sentence without parole.
The judge or presiding officer shall be bound by the jury, panel or commission decision, and impose it immediately.
(13) A sentence of death imposed by U.S. district court shall be carried out according to the method of execution of the state where that court seats.
If that state doesn’t have a valid statutory method of execution, the Director of the Bureau of Prisons shall select another state for that purpose in the order setting the execution date.
If the sentence of death was not imposed in a state, it shall be executed in the same manner as if the location of the court were a state.
A sentence of death imposed by a court martial or a military commission shall be carried out according to a method determined by the U.S. Secretary of Defense in the order setting the execution date.
A method of execution is defined as the top-line choice among execution methods such as lethal injection or electrocution, and not including the subsidiary details such as the drugs to be used, even for states where such details belong to legislation.
(14) The identity of persons participating to the execution of sentences of death, and the provenance of any drug or thing used for execution, shall be subject to confidentiality, whose violation shall be a criminal offense punishable by ten years of imprisonment and a fine of any non-excessive amount.
(15) The Administrative Procedure Act shall not apply to anything relating to executions of sentences of death nor to anything relating to the death penalty.
(16) The U.S. court of appeals for the armed forces shall have exclusive jurisdiction for direct review of sentences of death imposed by courts-martial, without intermediate review. It shall hear and render a final determination on such appeal not later than one year after the date of such sentence.
(17) The U.S. Supreme Court shall have exclusive jurisdiction to adjudicate all things than can lead to stay the execution or otherwise annul, affect or impede any proceeding of a military commission or any verdict or sentence issued by it.
The appellate jurisdiction of the U.S. Supreme Court over military commissions shall take the form of certiorari or habeas corpus.
This provision (17) would allow execution of the 9/11 conspirators a few times after their sentencing, as for the Lincoln assassins and the Nuremberg war criminals.
(18) Provisions (7) to (17) of this Act shall take effect at enactment.
Provisions (7) to (18) should be allowed to be fully enforced immediately, and any lower court decision to the contrary vacated.
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