S. 718 — Eric’s Law

This section amends federal death penalty sentencing procedures to add as a ground for impaneling a new jury when a new special hearing is required under new subsection (g) (18 U.S.C. § 3593(b)(2)(E)). It further establishes a special rule requiring the court, upon motion of the attorney for the government, to order a new special hearing and impanel a new jury if the initial sentencing jury—whether the trial jury or one impaneled under subsection (b)(2)(A)-(D)—fails to unanimously recommend death, life imprisonment without possibility of release, or another authorized sentence; if the second jury also fails to reach unanimity, the court imposes a sentence other than death authorized by law. (As background, current law requires unanimity for a death recommendation but mandates life without release if the jury deadlocks.)