United States Code

18 U.S.C. § 3596

Implementation of a sentence of death

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Bills that would change it 5

  • HR 8922 DROP Act of 2026 Amends · introduced · 119th Congress
  • HR 3420 Words Matter Act of 2025 Amends 3596(c) · introduced · 119th Congress
  • S 3726 Words Matter Act of 2024 Amends 3596(c) · introduced · 118th Congress
  • HR 3111 Words Matter Act of 2023 Amends 3596(c) · introduced · 118th Congress
  • HR 8863 Words Matter Act of 2022 Amends 3596(c) · introduced · 117th Congress

The law today

From the official United States Code, current through Public Law 119-121.

(a) In General.— A person who has been sentenced to death pursuant to this chapter shall be committed to the custody of the Attorney General until exhaustion of the procedures for appeal of the judgment of conviction and for review of 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, who shall supervise implementation of the sentence in the manner prescribed by the law of the State in which the sentence is imposed. If the law of the State does not provide for implementation of a sentence of death, the court shall designate another State, the law of which does provide for the implementation of a sentence of death, and the sentence shall be implemented in the latter State in the manner prescribed by such law. (b) Pregnant Woman.— A sentence of death shall not be carried out upon a woman while she is pregnant. (c) Mental Capacity.— A sentence of death shall not be carried out upon a person who is mentally retarded. A sentence of death shall not be carried out upon a person who, as a result of mental disability, lacks the mental capacity to understand the death penalty and why it was imposed on that person.
Official text at uscode.house.gov ↗