# Eric's Law: Plain Language Summary

Eric's Law changes how death penalty cases work in federal court. Right now, when a jury decides whether someone convicted of a capital crime should receive the death penalty, they need to reach a unanimous decision. If even one juror disagrees with the death sentence, the judge typically imposes a different punishment like life in prison. This new bill says that if a jury can't unanimously agree on a death sentence, the government can ask the court to start over with a completely new jury to decide the punishment again.

The practical effect is that death penalty cases could now go through multiple penalty phases. If the first jury doesn't unanimously recommend death, prosecutors can request a fresh jury be selected to reconsider the sentence. This continues until either a jury unanimously votes for death, or a second jury also fails to reach unanimity—at which point the judge must impose a sentence other than death. This essentially gives the government a second chance to secure a death sentence if the first jury won't unanimously agree to it.

This change could significantly impact how death penalty cases proceed and potentially increase the likelihood of death sentences being imposed, since prosecutors now have an opportunity to try again if the initial jury doesn't unanimously support capital punishment. It affects only federal death penalty cases, which are relatively rare compared to state-level capital cases. The bill is named after Eric, though the specific context for the name isn't included in the legislative text itself.

Eric’s Law

Bresnahan, Robert P.

Eric's Law This bill modifies procedures with respect to capital sentencing hearings. If a jury at a capital sentencing hearing does not reach a unanimous recommendation on the defendant's sentence and there is a motion by the attorney for the government, the court must order a new special sentencing hearing and impanel a new jury. If the new jury at the special sentencing hearing does not reach a unanimous recommendation on the defendant's sentence, then the court is prohibited from imposing a death sentence.