3.0.0 1194 2023-01-11T13:22:54Z 2023-01-11T13:22:54Z Senate S S 2011-06-14 112 ssju00 Judiciary Committee Senate Standing Hearings by 2011-07-27T14:33:47Z Referred to 2011-06-14T19:33:08Z 2011-07-27 ssju00 Judiciary Committee Senate Committee on the Judiciary. Hearings held. Hearings printed: S.Hrg. 112-148. Committee 2011-06-14 ssju00 Judiciary Committee Senate Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S3780-3783) IntroReferral 2011-06-14 Sponsor introductory remarks on measure. (CR S3779-3780, S3781-3783) IntroReferral B00100 9 Library of Congress 2011-06-14 Introduced in Senate IntroReferral 10000 9 Library of Congress L000174 Sen. Leahy, Patrick J. [D-VT] Patrick Leahy D VT N International Affairs Correctional facilities and imprisonment Criminal investigation, prosecution, interrogation Criminal procedure and sentencing Detention of persons Diplomacy, foreign officials, Americans abroad International law and treaties Judicial review and appeals International Affairs 00 2011-06-14 Introduced in Senate 2011-07-07T17:35:47Z Consular Notification Compliance Act of 2011 - States that the purpose of this Act is to facilitate compliance with Article 36 of the Vienna Convention on Consular Relations (Convention) and any comparable provision of a bilateral international agreement addressing consular notification and access.

Requires that: (1) an individual who is not a U.S. national who is detained or arrested by a federal, state, or local officer or employee be notified that such individual may request that his or her consulate be notified of the detention or arrest; (2) if so requested, an appropriate official shall notify the consulate; and (3) if the consulate has not been so notified, notification shall occur not later than the individual's first court appearance.

Provides that: (1) a federal court shall have jurisdiction to review a petition claiming a violation of the Convention or a comparable bilateral international agreement addressing consular notification and access filed by an individual convicted and sentenced to death by any federal or state court before the date of enactment of this Act; (2) if an execution date has been set the court shall grant a stay of execution if necessary to allow the court to review a petition; (3) an individual must show actual prejudice to the conviction or sentence resulting from the violation (the court may conduct an evidentiary hearing and, upon a finding of actual prejudice, order a new trial or sentencing proceeding); (4) a petition for review shall be part of the first federal habeas corpus application or motion for federal collateral relief filed by an individual; and (5) a final order on a petition for review shall be subject to appeal if a district or circuit judge issues a certificate of appealability.

Permits an individual who is arrested, detained, or held for trial (but not yet convicted and sentenced) on a charge that would expose the individual to a capital sentence to raise a claim of a violation of the Convention or a comparable provision of a bilateral international agreement addressing consular notification and access, at a reasonable time after the individual becomes aware of the violation, before the court of jurisdiction.

Requires: (1) notification of the appropriate consulate by the detaining authority and consular access to the individual, and (2) the court to postpone any proceedings if necessary to allow for consular access and assistance. Authorizes the court to conduct evidentiary hearings to resolve factual issues.

]]> Consular Notification Compliance Act of 2011 Display Title Consular Notification Compliance Act of 2011 Official Title as Introduced A bill to facilitate compliance with Article 36 of the Vienna Convention on Consular Relations, done at Vienna April 24, 1963, and for other purposes. Introduced in Senate IS Short Titles as Introduced Consular Notification Compliance Act of 2011 Introduced in Senate 2011-06-14T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-112s1194is/xml/BILLS-112s1194is.xml 2011-07-27 Committee on the Judiciary. Hearings held. Hearings printed: S.Hrg. 112-148. text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.