Federal Death Penalty Prohibition Act
- Bill Number
- S. 4608
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 2
- Policy Area
- Crime and Law Enforcement
- Status
- Introduced
- Latest Action
- 2026-05-20: Read twice and referred to the Committee on the Judiciary. (Sponsor introductory remarks on measure: CR S2417-2418; text: CR S2418)
- Last Updated
- 2026-06-18T17:24:46Z
AI-Generated Summary
Purpose The legislation aims to eliminate the use of capital punishment under federal law by prohibiting any future death sentences or executions and requiring resentencing for individuals already sentenced to death.
Key Provisions
- The bill is titled the "Federal Death Penalty Prohibition Act."
- Section 2(a) states that, notwithstanding any other law, no person may be sentenced to death or executed on or after the date of enactment for any federal offense.
- Section 2(b) requires that any person sentenced to death before the date of enactment must be resentenced.
Significant Changes to Existing Law This Act would repeal the federal death penalty for all violations of federal law going forward. It overrides existing statutes that authorize capital punishment, such as those for certain homicide, terrorism, and espionage offenses, and mandates resentencing proceedings for current federal death row inmates.
Potential Impacts
- Government agencies: Federal courts would handle resentencing hearings; the Department of Justice and Bureau of Prisons would no longer manage federal executions or maintain active death sentences.
- Citizens: Individuals facing federal capital charges would receive life imprisonment or other sentences instead; those already on federal death row would undergo resentencing.
- International relations: The change could align U.S. federal practice more closely with many nations that have abolished capital punishment, though state-level death penalties would remain unaffected.
Main Stakeholders Affected
- Federal criminal defendants and individuals currently under federal death sentences.
- Victims' families in federal cases.
- The Department of Justice, federal judiciary, and Bureau of Prisons.
- Members of Congress and advocacy groups focused on criminal justice reform.
Notable Legal, Constitutional, or Political Implications The bill represents a statutory restriction on punishment rather than a constitutional prohibition, leaving open the possibility of future legislative reversal. It would shift federal sentencing practices away from capital punishment while preserving state authority over their own death penalty systems.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Sen. Durbin, Richard J. [D-IL]
Cosponsors (17)
Sen. Padilla, Alex [D-CA], Sen. Hirono, Mazie K. [D-HI], Sen. Booker, Cory A. [D-NJ], Sen. Kaine, Tim [D-VA], Sen. Warnock, Raphael G. [D-GA], Sen. Klobuchar, Amy [D-MN], Sen. Ossoff, Jon [D-GA], Sen. Schatz, Brian [D-HI], Sen. Welch, Peter [D-VT], Sen. Schiff, Adam B. [D-CA], Sen. Baldwin, Tammy [D-WI], Sen. Markey, Edward J. [D-MA], Sen. Sanders, Bernard [I-VT], Sen. Coons, Christopher A. [D-DE], Sen. Van Hollen, Chris [D-MD], Sen. Merkley, Jeff [D-OR], Sen. Warren, Elizabeth [D-MA]
Recent Actions
- 2026-05-20: Read twice and referred to the Committee on the Judiciary. (Sponsor introductory remarks on measure: CR S2417-2418; text: CR S2418)
- 2026-05-20: Introduced in Senate
Bill Versions
- Federal Death Penalty Prohibition Act — issued 2026-05-20 — PDF (2 pages)