[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3329 Introduced in House (IH)]
103d CONGRESS
1st Session
H. R. 3329
To assure due process and equal protection of the law by permitting the
use of statistical and other evidence to challenge the death penalty on
the grounds of disproportionate patterns of imposition with respect to
racial groups, to prohibit such patterns, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 21, 1993
Mr. Conyers introduced the following bill; which was referred to the
Committee on the Judiciary
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A BILL
To assure due process and equal protection of the law by permitting the
use of statistical and other evidence to challenge the death penalty on
the grounds of disproportionate patterns of imposition with respect to
racial groups, to prohibit such patterns, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Racial Justice Act of 1993''.
SEC. 2. PROHIBITION OF DEATH PENALTY IN DISPROPORTIONATE PATTERN.
(a) In General.--A government shall not impose or carry out the
penalty of death in criminal cases in a racially disproportionate
pattern. An individual shall not be put to death in execution of a
death sentence imposed under law administered in violation of this
subsection.
(b) Disproportionate Pattern.--For purposes of subsection (a), a
racially disproportionate pattern occurs when the penalty of death is
imposed--
(1) more frequently upon persons of one race than upon
persons of other races convicted of crimes for which such
penalty may be imposed; or
(2) more frequently as punishment for crimes against
persons of one race than as punishment for crimes against
persons of another race;
and the greater frequency is not explained by relevant nonracial
circumstances.
SEC. 3. PROOF REQUIREMENTS.
(a) Establishing Pattern.--To establish that a racially
disproportionate pattern exists for the purposes of this Act--
(1) ordinary methods of statistical proof suffice; and
(2) it shall not be necessary to show discriminatory
motive, intent, or purpose on the part of any individual or
institution.
(b) Prima Facie Case.--To establish a prima facie showing that a
racially disproportionate pattern exists for purposes of this Act, it
suffices to show that death sentences are being imposed or executed--
(1) upon persons of one race with a frequency that is
disproportioned to their representation among the total numbers
of persons arrested for, charged with, or convicted of, death
eligible crimes; or
(2) as punishment for crimes against persons of one race
with a frequency that is disproportioned to their
representation among the numbers of persons against whom death
eligible crimes have been the subject of arrests, charges, or
convictions.
(c) Rebuttal of Prima Facie Case.--To rebut a prima facie showing
of a racially disproportionate pattern, a government must establish by
clear and convincing evidence that identifiable and pertinent
nondiscriminatory factors persuasively explain the observable racial
disparities comprising the disproportion.
SEC. 4. DATA ON DEATH PENALTY CASES.
(a) Designation of Central Agency.--Any State or Federal entity
that provides by law for death to be imposed as a punishment for any
crime shall designate a central agency to collect and maintain
pertinent data on the charging, disposition, and sentencing patterns
for all cases of death-eligible crimes.
(b) Form for Data.--The central agency so designated shall devise
and distribute to every local official or agency responsible for the
investigation or prosecution of death-eligible crimes a standard form
to collect pertinent data.
(c) Preparation of Data by Local Officials.--Each local official
responsible for the investigation or prosecution of death-eligible
crimes shall complete a standard form on every case of death-eligible
crime and shall transmit it to the central agency no later than three
months after the disposition of each such case whether that disposition
is by dismissal of charges, reduction of charges, acceptance of a plea
of guilty to the death-eligible crime or to another crime, acquittal,
conviction, or any decision not to proceed with prosecution.
(d) Police and Investigative Report.--In addition to the standard
form, the local official or agency shall transmit to the central agency
one copy of all police and investigative reports made in connection
with each case of death-eligible crime.
(e) Other Duties of Central Agency.--The central agency shall
affirmatively monitor compliance with this section by local officials
and agencies. It shall maintain all standard forms, compile and index
all information contained in the forms, and make both the forms and the
compiled information publicly available. The compiled information shall
be made publicly available in machine readable form. The central agency
shall also maintain a centralized, alphabetically indexed file of all
police and investigative reports transmitted to it by local officials
or agencies in every case of death-eligible crime. It shall allow
access to its file of police and investigative reports to counsel of
record for any person charged with any death-eligible crime or
sentenced to death who has made, or intends to make, a claim under
section 2; and it may also allow access to this file to other persons.
SEC. 5. LEGAL COUNSEL.
(a) Requirement.--In any action brought in a court of the United
States within the jurisdiction conferred by sections 2241, 2254, or
2255 of title 28, United States Code, in which any person raises a
claim under section 2--
(1) the court shall appoint counsel for any such person who
is financially unable to retain counsel; and
(2) the court shall furnish investigative, expert or other
services necessary for the adequate development of the claim to
any such person who is financially unable to obtain such
services.
(b) Nonapplication of Presumption of Correctness.--Notwithstanding
section 2254 of title 28, United States Code, no determination on the
merits of a factual issue made by a State court pertinent to any claim
under section 2 shall be presumed to be correct unless--
(1) the State is in compliance with section 4;
(2) the determination was made in a proceeding in a State
court in which the person asserting the claim was afforded
rights to the appointment of counsel and to the furnishing of
investigative, expert, and other services necessary for the
adequate development of the claim which were substantially
equivalent to those provided by subsection (a); and
(3) the determination is one which is otherwise entitled to
be presumed to be correct under the criteria specified in
section 2254.
SEC. 6. DEFINITIONS.
As used in this Act--
(1) the term ``pertinent data'' means the data to be
collected in the standard form as designated by the central
agency. Such term includes, at a minimum--
(A) pertinent demographic information on all
persons charged with the crime and all victims
(including race, sex, age, and national origin);
(B) information on the principal features of the
crime;
(C) information on the aggravating and mitigating
factors of the crime, and on the background and
character of every person charged with the crime; and
(D) a narrative summary of the crime;
(2) the term ``case of death-eligible crime'' means a case
in which the complaint, indictment, information, or any other
initial or later charging paper charges any person with a crime
for which the punishment of death is authorized to be imposed
under any circumstances upon conviction.
SEC. 7. CLAIMS BEFORE ENACTMENT NOT BARRED.
A person is not barred from raising a claim under section 2 on the
ground of having failed to raise or to prosecute the same or a similar
claim before the date of enactment of this Act, not by reason of any
adjudication before this date.
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