18 1 declaration made by one such defendant may be received in 2 evidence against any other such defendant if the court deter3 mines that (1) the declaration was made by the declarant 4 during his participation in the conspiracy, (2) there are in 5 existence facts and circumstances from which its trustworthi6 ness may be inferred, (3) the declaration relates to the 7 existence or execution of the conspiracy, and (4) the decla8 ration was made during the time in which such other de9 fendant participated in the conspiracy.". 10 (b) The section analysis of chapter 223, title 18, United 11 States Code, is amended by adding at the end thereof the fol12 lowing new item: "3504. Admissions of coconspirators.”. 13 TITLE VIII-SPECIAL OFFENDER SENTENCING 14 SEC. 801. (a) Chapter 227 of title 18, United States 15 Code, is amended by adding at the end thereof the following 16 new sections: 17 "§ 3575. Increased punishment for habitual offenders 18 "(a) Whenever a United States attorney charged with 19 the prosecution of any person over the age of twenty-one 20 years in a court of the United States for an alleged offense 21 punishable as a felony has reason to believe that on two or 22 more previous occasions such person has been convicted of 23 a felony, and because of the dangerousness of such person 24 that a period of confined convictional treatment or custody. 19 1 longer than that provided for the offense for which he is 2 charged is required for the protection of the public, there 3 4 shall be appended to the indictment returned against such person for such alleged offense a notice (1) specifying that 5 such person is an habitual offender who upon conviction for 6 such offense is subject to the imposition of a sentence under 7 subsection (b) of this section, and (2) setting out with 8 particularity each previous occasion on which such person 9 is alleged to have been convicted of a felony. In no case, 10 however, shall the fact that the accused is charged with 11 being a habitual offender be an issue upon the trial of the 12 felony charge and shall not in any manner be disclosed to 13 the jury. 14 "(b) If, in the trial of such person upon that indict15 ment, he is convicted of any offense described in that indict16 ment, the court shall, before sentence is imposed, hold a hear17 ing before the court alone to determine whether such person 18 on two or more previous occasions has been convicted of a 19 felony. The court shall fix a time for the hearing and notice 20 thereof shall be given to such person at least three days prior 21 thereto. At the hearing, if the court shall find from the evi22 dence submitted during the trial or hearing, or on the basis 23 of the presentence report, that the accused on two or more 24 previous occasions has been convicted of a felony (other 19 1 longer than that provided for the offense for which he is 2 charged is required for the protection of the public, there 3 shall be appended to the indictment returned against such 4 person for such alleged offense a notice (1) specifying that 5 such person is an habitual offender who upon conviction for 6 such offense is subject to the imposition of a sentence under 7 subsection (b) of this section, and (2) setting out with 8 particularity each previous occasion on which such person 9 is alleged to have been convicted of a felony. In no case, 10 however, shall the fact that the accused is charged with 11 being a habitual offender be an issue upon the trial of the 12 felony charge and shall not in any manner be disclosed to 13 the jury. 14 18 "(b) If, in the trial of such person upon that indict15 ment, he is convicted of any offense described in that indict16 ment, the court shall, before sentence is imposed, hold a hear17 ing before the court alone to determine whether such person on two or more previous occasions has been convicted of a 19 felony. The court shall fix a time for the hearing and notice 20 thereof shall be given to such person at least three days prior 21 thereto. At the hearing, if the court shall find from the evi22 dence submitted during the trial or hearing, or on the basis 23 of the presentence report, that the accused on two or more 24 previous occasions has been convicted of a felony (other 20 1 than a conviction of a felony pursuant to the indictment upon 2 which such hearing is conducted) and sentences have been 3 imposed therefor by any Federal or State court, and because 4 of the dangerousness of such accused that a period of con5 fined convictional treatment or custody longer than that pre6 scribed for the offense of which he was convicted pursuant 7 to such indictment is required for the protection of the pub8 lic, the court shall sentence such person so convicted as a 9 habitual offender for a term of not to exceed thirty years. 10 If the court does not so find, it shall sentence such person 11 in accordance with the law prescribing penalties for the 12 offense for which he was convicted. At the hearing of any 13 person charged with being an habitual offender, a duly 14 authenticated copy of the former judgment and commitment, 15 from any court in which such judgment and commitment was 16 17 had, for any of such felonies formerly committed by the per son so charged, shall be competent and prima facie evidence 18 of such former judgment and commitment. 19 1 "(c) This section shall not prevent the imposition and 20 execution of a sentence of death upon any person convicted 21 of an offense punishable by death. In determining under this 22 section whether any person has been convicted of a felony on two or more previous occasions, the conviction of such 23 24 223 person of two or more felonies charged in separate counts. 25 of a single indictment or information, or in two or more |