Restoring the Death Penalty in DC Act
- Sponsor
- Rep. Mace, Nancy [R-SC-1]
- Committees
- Judiciary Committee (primary)
- Last action
- Aug 13, 2026
Bottom line
H.R. 10098 seeks to override the District of Columbia's long-standing prohibition on capital punishment by federally mandating its availability for specific severe offenses, establishing detailed procedures for its application and review.
What it actually does
This bill establishes the death penalty for certain serious crimes committed in the District of Columbia, including first-degree murder, child sexual abuse, and acts of terrorism. It outlines a comprehensive legal framework for capital punishment, detailing aggravating and mitigating factors, special sentencing hearings, appellate review procedures, and methods of execution. The bill also makes conforming amendments to federal law to integrate D.C. death penalty cases into existing federal capital punishment and habeas corpus statutes.
Proponents argue
Supporters argue that the death penalty serves as a just punishment for the most heinous crimes, providing retribution for victims and their families, and potentially acting as a deterrent against future violent acts. They may contend that for crimes like the murder of law enforcement officers, child sexual abuse, or terrorism, the ultimate penalty is warranted to ensure justice and public safety in the nation's capital.
Opponents contend
Opponents would argue that the death penalty is a cruel and unusual punishment, disproportionately applied, and carries an unacceptable risk of executing innocent individuals. They would also highlight the District of Columbia's right to self-governance and its consistent rejection of capital punishment, viewing this bill as a federal overreach. Critics often point to the high costs associated with capital cases and the lack of conclusive evidence regarding its deterrent effect.
The bill is moderately detailed but accessible, allowing a diligent reader to understand its core provisions and procedural implications within a reasonable timeframe.
Sec. 23-1701 (new chapter 17 of Title 23, D.C. Official Code)
Establishes Capital Offenses in D.C.
This provision explicitly lists eight categories of crimes committed in the District of Columbia for which a sentence of death can be imposed. These include various forms of first-degree murder, murder of law enforcement officers, solicitation of murder, first-degree child sexual abuse, acts of terrorism, use of weapons of mass destruction, and drug distribution to minors resulting in death.
Supporters argue
Supporters argue that these crimes are so heinous that they warrant the ultimate penalty, providing a just response to extreme violence and protecting the community.
Critics contend
Opponents contend that the death penalty is an inhumane and irreversible punishment, and that its application for any crime is morally objectionable and prone to error.
Tradeoffs
Balances the desire for severe punishment for extreme crimes against moral and ethical objections to state-sanctioned killing and concerns about judicial error.
Sec. 23-1702
Defines Sentencing Factors for Capital Cases
This section details the specific criteria that a jury or judge must consider when deciding whether to impose a death sentence. It lists 19 aggravating factors (e.g., crime of violence, torture, prior convictions, victim vulnerability) that justify a death sentence, and 8 mitigating factors (e.g., impaired capacity, duress, minor role, mental disturbance) that argue against it.
Sec. 23-1703
Establishes Capital Sentencing Hearing Rules
This provision outlines the detailed procedural steps for a capital sentencing hearing. It requires the government to give notice of intent to seek the death penalty, specifies how the jury (or judge) is constituted for sentencing, details what information can be presented (including trial transcripts, aggravating/mitigating evidence), sets rules of evidence, and defines the burden of proof for establishing factors. It mandates unanimous jury findings for aggravating factors and a unanimous vote for a death sentence.
Sec. 23-1705
Mandates Appellate Review for Capital Cases
This section establishes a mandatory review process for all death sentences by the District of Columbia Court of Appeals. The court must review the entire case record, including trial evidence, sentencing information, and procedures. It must address all substantive and procedural issues, assess if the sentence was influenced by passion or prejudice, and verify evidence for aggravating factors. The court can remand for reconsideration if errors are found, but also includes a harmless error rule.
Sec. 23-1706
Specifies Execution Methods and Exemptions
This provision details how a death sentence will be carried out. It designates electrocution as the default method but allows the condemned person to elect lethal injection, firing squad, lethal gas, or nitrogen hypoxia. It also prohibits execution for pregnant women, individuals under 18, and those with mental disabilities preventing them from understanding the penalty. The bill states that unavailability of an elected method does not delay the execution.
Amends Title 18 (Crimes and Criminal Procedure) and Title 28 (Judiciary and Judicial Procedure) of the U.S. Code to include the District of Columbia in the definition of "State" for purposes of federal death penalty procedures (Chapter 228) and federal habeas corpus for state capital cases (Chapter 154).
Section 2(b)(2) and (3)
Why it matters:This is standard legislative practice to ensure new D.C. law integrates correctly with existing federal legal frameworks, rather than being intentionally evasive.
Case for: Supporters would argue these amendments are essential for the proper functioning and legal consistency of the new D.C. death penalty regime, ensuring that D.C. capital cases are subject to the same federal oversight and review as state capital cases.
Case against: Opponents might argue that these amendments further entrench federal control over D.C. affairs and facilitate a punishment that D.C. residents have rejected.
Estimated impact: Ensures that D.C. death penalty cases will be subject to federal appellate and habeas corpus review, aligning D.C. with state-level capital punishment jurisdictions in the federal legal system.