Page:United States Statutes at Large Volume 108 Part 3.djvu/230

From Wikisource
Jump to: navigation, search
This page needs to be proofread.


108 STAT. 1982 PUBLIC LAW 103-322—SEPT. 13, 1994 by death or imprisoned for any term of years or for life, fined under title 18, United States Code, or both."; and (2) in paragraph (2) by striking "or imprisoned not more than five years, or both" and inserting "or in the case of a violation of subparagraph (B)(ii), imprisoned not more than 10 years, or both; or in the case of a violation of subparagraph (B)(i) or (B)(iii), imprisoned not more than 5 years, or both.". SEC. 60025. PROTECTION OF JURORS AND WITNESSES IN CAPITAL CASES. Section 3432 of title 18, United States Code, is amended by inserting before the period the following: ", except that such list of the veniremen and witnesses need not be furnished if the court finds by a preponderance of the evidence that providing the list may jeopardize the life or safety of any person". SEC. 60026. APPOINTMENT OF COUNSEL. Section 3005 of title 18, United States Code, is amended by striking "learned in the law" and all that follows through "He shall" and inserting "; and the court before which the defendant is to be tried, or a judge thereof, shall promptly, upon the defendant's request, assign 2 such counsel, of whom at least 1 shall be learned in the Taw applicable to capital cases, and who shall have free access to the accused at all reasonable hours. In assigning counsel under this section, the court shall consider the recommendation of the Federal Public Defender organization, or, if no such organization exists in the district, of the Administrative Office of the United States Courts. The defendant shall". TITLE VII—MANDATORY LIFE IMPRIS- ONMENT FOR PERSONS CONVICTED OF CERTAIN FELONIES SEC. 70001. MANDATORY LIFE IMPRISONMENT FOR PERSONS CON- VICTED OF CERTAIN FELONIES. Section 3559 of title 18, United States Code, is amended— (1) in subsection (b), by striking "An" and inserting "Except as provided in subsection (c), an" in lieu thereof; and (2) by adding the following new subsection at the end: "(c) IMPRISONMENT OF CERTAIN VIOLENT FELONS. — " (1) MANDATORY LIFE IMPRISONMENT.— Notwithstanding any other provision of law, a person who is convicted in a court of the United States of a serious violent felony shall be sentenced to life imprisonment if— "(A) the person has been convicted (and those convictions have become final) on separate prior occasions in a court of the United States or of a State of— "(i) 2 or more serious violent felonies; or "(ii) one or more serious violent felonies and one or more serious drug offenses; and "(B) each serious violent felony or serious drug offense used as a basis for sentencing under this subsection, other than the first, was committed after the defendant's conviction of the preceding serious violent felony or serious drug offense.