Page:United States Statutes at Large Volume 106 Part 2.djvu/560

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

106 STAT. 1440 PUBLIC LAW 102-382—OCT. 5, 1992 C!ourts. C!ourts. (1) The defendant may appeal a sentence of death under this section by filing a notice or appeal of the sentence within the time provided for filing a notice of appeal of the judgment of conviction. An appeal of a sentence under this subsection may be consolidated within an appeal of the jud^ent of conviction and shall have priority over all noncapital matters in the court of appeals. "*(2) The court of appeals shall review the entire record in the case including the evidence submitted at trial and information submitted during the sentencing hearing, the procedures employed in the sentencing hearing, and the special findings returned under subsection (i). The court of appeals shall uphold the sentence if it determines that the sentence of death was not imposed under the influence of passion, prejudice, or any other arbitrary factor, that the evidence and information support the special findings under subsection (i), and that the proceedings were otherwise free of prejudicial error that was properly preserved for review.

    • '(3) In any other case, the court of appeals shall remand

the case for reconsideration of the sentence or imposition of another authorized sentence as appropriate, except that the court shall not reverse a sentence of death on the groimd that an a^^gravating factor was invalid or was not supported by the evidence and information if at least one aggravating factor described in subsection (e) remains which was found to exist and the court, on the basis of the evidence submitted at trial and the information submitted at the sentencing hearing, finds that the remaining aggravating factor or factors that were found to exist outweigh any mitigating factors. The court of appeals shall state in writing the reasons for its disposition of an appeal of a sentence of death under this section, "'(n) IMPLEMENTATION OF SENTENCE OF DEATH. —A person sentenced to death under this section shall be committed to the custody of the Attorney General until exhaustion of the procedures for appeal of the judgment of conviction and review or the sentence. When the sentence is to be implemented, the Attorney General shall release the person sentenced to death to the custody of a United States Marshal. The Marshal shall supervise implementation of the sentence in the manner prescribed by the law of a State designated by the court. The Marshal may use State or local facilities, may use the services of an appropriate State or local official or of a person such an oflicial employs, and shall pay the costs thereof in an amount approved by the Attorney General.

    • '(o) SPECIAL BAR TO EXECUTION.— A sentence of death shall

not be carried out upon a woman while she is pregnant. "*(p) CONSCIENTIOUS OBJECTION TO PARTICIPATION IN EXECU- TION. —No employee of the District of Columbia government, and no person providing services to the government under contract shall be required, as a condition of that employment or contractual obligation, to be in attendance at or to participate in any execution carried out under this section if such participation is contrary to the moral or religious convictions of the employee. For purposes of this subsection, the term "participate in any execution" includes personal preparation of the condemned individual and the apparatus used for the execution, and supervision of the activities of other personnel in carrying out such activities.