[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4018 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 4018

                  To revise habeas corpus proceedings.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 11, 1994

  Mr. Edwards of California introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
                  To revise habeas corpus proceedings.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This title may be cited as the ``Habeas Corpus Revision Act of 
1994''.

SEC. 2. STATUTE OF LIMITATIONS.

    Section 2254 of title 28, United States Code, is amended by adding 
at the end the following:
    ``(g)(1) In the case of an applicant under sentence of death, any 
application for habeas corpus relief under this section must be filed 
in the appropriate district court not later than 1 year after--
            ``(A) the date of denial of a writ of certiorari, if a 
        petition for a writ of certiorari to the highest court of the 
        State on direct appeal or unitary review of the conviction and 
        sentence is filed, within the time limits established by law, 
        in the Supreme Court;
            ``(B) the date of issuance of the mandate of the highest 
        court of the State on direct appeal or unitary review of the 
        conviction and sentence, if a petition for a writ of certiorari 
        is not filed, within the time limits established by law, in the 
        Supreme Court; or
            ``(C) the date of issuance of the mandate of the Supreme 
        Court, if on a petition for a writ of certiorari the Supreme 
        Court grants the writ and disposes of the case in a manner that 
        leaves the capital sentence undisturbed.
    ``(2) The time requirements established by this section shall be 
tolled--
            ``(A) during any period in which the State has failed to 
        provide counsel as required in section 2257 of this chapter;
            ``(B) during the period from the date the applicant files 
        an application for State postconviction relief until final 
        disposition of the application by the State appellate courts, 
        if all filing deadlines are met; and
            ``(C) during an additional period not to exceed 90 days, if 
        counsel moves for an extension in the district court that would 
        have jurisdiction of a habeas corpus application and makes a 
        showing of good cause.''.

SEC. 3. STAYS OF EXECUTION IN CAPITAL CASES.

    Section 2251 of title 28, United States Code, is amended--
            (1) by inserting ``(a)(1)'' before the first paragraph;
            (2) by inserting ``(2)'' before the second paragraph; and
            (3) by adding at the end the following:
    ``(b) In the case of an individual under sentence of death, a 
warrant or order setting an execution shall be stayed upon application 
to any court that would have jurisdiction over an application for 
habeas corpus under this chapter. The stay shall be contingent upon 
reasonable diligence by the individual in pursuing relief with respect 
to such sentence and shall expire if--
            ``(1) the individual fails to apply for relief under this 
        chapter within the time requirements established by section 
        2254(g) of this chapter;
            ``(2) upon completion of district court and court of 
        appeals review under section 2254 of this chapter, the 
        application is denied and--
                    ``(A) the time for filing a petition for a writ of 
                certiorari expires before a petition is filed;
                    ``(B) a timely petition for a writ of certiorari is 
                filed and the Supreme Court denies the petition; or
                    ``(C) a timely petition for certiorari is filed 
                and, upon consideration of the case, the Supreme Court 
                disposes of it in a manner that leaves the capital 
                sentence undisturbed; or
            ``(3) before a court of competent jurisdiction, in the 
        presence of counsel qualified under section 2257 of this 
        chapter and after being advised of the consequences of the 
        decision, an individual waives the right to pursue relief under 
        this chapter.''.

SEC. 4. LAW APPLICABLE.

    (a) In General.--Chapter 153 of title 28, United States Code, is 
amended by adding at the end the following:
``Sec. 2256. Law applicable
    ``(a) Except as provided in subsection (b), in an action under this 
chapter, the court shall not apply a new rule.
    ``(b) A court shall apply a new rule, if the new rule--
            ``(1) places the claimant's conduct beyond the power of the 
        criminal law-making authority to proscribe or punish with the 
        sanction imposed; or
            ``(2) requires the observance of procedures without which 
        the likelihood of an accurate conviction or valid capital 
        sentence is seriously diminished.
    ``(c) As used in this section, the term `new rule' means a clear 
break from precedent, announced by the Supreme Court of the United 
States, that could not reasonably have been anticipated at the time the 
claimant's sentence became final in State court. A rule is not `new' 
merely because it was not dictated or compelled by the precedents 
existing at that time or because, at that time, it was susceptible to 
debate among reasonable minds.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 153 of title 28, United States Code, is amended by adding at 
the end the following:

``2256. Law applicable.''.

SEC. 5. COUNSEL IN CAPITAL CASES; STATE COURT.

    (a) In General.--Chapter 153 of title 28, United States Code, is 
amended by adding after the provision added by section 804 of this 
subtitle the following:
``Sec. 2257. Counsel in capital cases; State court
    ``(a) Notwithstanding section 2254(d) of this chapter, the court in 
an action under this chapter shall neither presume a finding of fact 
made in a State court proceeding specified in subsection (b)(1) of this 
section to be correct nor decline to consider a claim on the ground 
that it was not raised in such a proceeding at the time or in the 
manner prescribed by State law, unless--
            ``(1) the relevant State maintains a mechanism for 
        providing legal services to indigents in capital cases that 
        meets the specifications in subsection (b) of this section;
            ``(2) if the applicant in the instant case was eligible for 
        the appointment of counsel and did not waive such an 
        appointment, the State actually appointed an attorney or 
        attorneys to represent the applicant in the State proceeding in 
        which the finding of fact was made or the default occurred; and
            ``(3) the attorney or attorneys so appointed substantially 
        met both the qualification standards specified in subsection 
        (b)(3)(A) or (b)(4) of this section and the performance 
        standards established by the appointing authority.
    ``(b) A mechanism for providing legal services to indigents within 
the meaning of subsection (a)(1) of this section shall include the 
following elements:
            ``(1) The State shall provide legal services to--
                    ``(A) indigents charged with offenses for which 
                capital punishment is sought;
                    ``(B) indigents who have been sentenced to death 
                and who seek appellate, collateral, or unitary review 
                in State court; and
                    ``(C) indigents who have been sentenced to death 
                and who seek certiorari review of State court judgments 
                in the United States Supreme Court.
            ``(2) The State shall establish a counsel authority, which 
        shall be--
                    ``(A) a statewide defender organization;
                    ``(B) a resource center; or
                    ``(C) a counsel authority appointed by the highest 
                State court having jurisdiction over criminal matters, 
                consisting of members of the bar with substantial 
                experience in, or commitment to, the representation of 
                criminal defendants in capital cases, and comprised of 
                a balanced representation from each segment of the 
                State's criminal defense bar.
            ``(3) The counsel authority shall--
                    ``(A) publish a roster of attorneys qualified to be 
                appointed in capital cases, procedures by which 
                attorneys are appointed, and standards governing 
                qualifications and performance of counsel, which shall 
                include--
                            ``(i) knowledge and understanding of 
                        pertinent legal authorities regarding issues in 
                        capital cases; and
                            ``(ii) skills in the conduct of 
                        negotiations and litigation in capital cases, 
                        the investigation of capital cases and the 
                        psychiatric history and current condition of 
                        capital clients, and the preparation and 
                        writing of legal papers in capital cases;
                    ``(B) monitor the performance of attorneys 
                appointed and delete from the roster any attorney who 
                fails to meet qualification and performance standards; 
                and
                    ``(C) appoint a defense team, which shall include 
                at least 2 attorneys, to represent a client at the 
                relevant stage of proceedings, within 30 days after 
                receiving notice of the need for the appointment from 
                the relevant State court.
            ``(4) An attorney who is not listed on the roster shall be 
        appointed only on the request of the client concerned and in 
        circumstances in which the attorney requested is able to 
        provide the client with quality legal representation.
            ``(5) No counsel appointed pursuant to this section to 
        represent a prisoner in State postconviction proceedings shall 
        have previously represented the prisoner at trial or on direct 
        appeal in the case for which the appointment is made, unless 
        the prisoner and counsel expressly request continued 
        representation.
            ``(6) The ineffectiveness or incompetence of counsel 
        appointed pursuant to this section during State or Federal 
        postconviction proceedings shall not be a ground for relief in 
        a proceeding arising under section 2254 of this title. This 
        limitation shall not preclude the appointment of different 
        counsel at any phase of State or Federal postconviction 
        proceedings.
            ``(7) Upon receipt of notice from the counsel authority 
        that an individual entitled to the appointment of counsel under 
        this section has declined to accept such an appointment, the 
        court requesting the appointment shall conduct, or cause to be 
        conducted, a hearing, at which the individual and counsel 
        proposed to be appointed under this section shall be present, 
        to determine the individual's competency to decline the 
        appointment, and whether the individual has knowingly and 
        intelligently declined it.
            ``(8) Attorneys appointed pursuant to this section shall be 
        compensated on an hourly basis pursuant to a schedule of hourly 
        rates as periodically established by the counsel authority 
        after consultation with the highest State court with 
        jurisdiction over criminal matters. Appointed counsel shall be 
        reimbursed for expenses reasonably incurred in representing the 
        client, including the costs of law clerks, paralegals, 
        investigators, experts, or other support services.
            ``(9) Support services for staff attorneys of a defender 
        organization or resource center shall be equal to the services 
        listed in paragraph (8).''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 153 of title 28, United States Code, is amended by adding after 
the provision added by section 804 the following:

``2257. Counsel in capital cases; State court.''.

SEC. 6. SUCCESSIVE FEDERAL PETITIONS.

    Section 2244(b) of title 28, United States Code, is amended--
            (1) by inserting ``(1)'' after ``(b)'';
            (2) by inserting ``, in the case of an applicant not under 
        sentence of death,'' after ``When''; and
            (3) by adding at the end the following:
            ``(2) In the case of an applicant under sentence of death, 
        a claim presented in a second or successive application, that 
        was not presented in a prior application under this chapter, 
        shall be dismissed unless--
                    ``(A) the applicant shows that--
                            ``(i) the basis of the claim could not have 
                        been discovered by the exercise of reasonable 
                        diligence before the applicant filed the prior 
                        application; or
                            ``(ii) the failure to raise the claim in 
                        the prior application was due to action by 
                        State officials in violation of the 
                        Constitution of the United States; and
                    ``(B) the facts underlying the claim would be 
                sufficient, if proven, to undermine the court's 
                confidence in the applicant's guilt of the offense or 
                offenses for which the capital sentence was imposed, or 
                in the validity of that sentence under Federal law.''.

SEC. 7. CERTIFICATES OF PROBABLE CAUSE.

    The third paragraph of section 2253, of title 28, United States 
Code, is amended to read as follows:
            ``An appeal may not be taken to the court of appeals from 
        the final order in a habeas corpus proceeding where the 
        detention complained of arises out of process issued by a State 
        court, unless the justice or judge who rendered the order or a 
        circuit justice or judge issues a certificate of probable 
        cause. However, an applicant under sentence of death shall have 
        a right of appeal without a certification of probable cause, 
        except after denial of a second or successive application.''.

SEC. 8. DUTIES OF THE DISTRICT COURT.

    Section 2254(a) of title 28, United States Code, is amended by 
adding at the end the following:
            ``In adjudicating the merits of any such ground, the court 
        shall exercise independent judgment in ascertaining the 
        pertinent Federal legal standards and in applying those 
        standards to the facts and shall not defer to a previous State 
        court judgment regarding a Federal legal standard or its 
        application. Upon request, the court shall permit the parties 
        to present evidence regarding material facts that were not 
        adequately developed in State court. The court shall award 
        relief with respect to any meritorious constitutional ground, 
        unless, in the case of a violation that can be harmless, the 
        respondent shows that the error was harmless beyond a 
        reasonable doubt.''.

SEC. 9. CLAIMS OF INNOCENCE.

    (a) In General.--Chapter 153 of title 28, United States Code, is 
amended by adding after the provision added by section 805 of this 
subtitle the following:
``Sec. 2258. Claims of innocence
    ``(a) At any time, and notwithstanding any other provision of law, 
a district court shall issue habeas corpus relief on behalf of an 
applicant under sentence of death, imposed either in Federal or in 
State court, who offers credible newly discovered evidence which, had 
it been presented to the trier of fact or sentencing authority at 
trial, would probably have resulted in--
            ``(1) an acquittal of the offense for which the death 
        sentence was imposed; or
            ``(2) a sentence other than death.
    ``(b) An application filed pursuant to subsection (a) shall offer 
substantial evidence which, if credible, would establish one of the 
standards in subsection (a)(1) or (2). An application that fails to do 
so may be dismissed.
    ``(c) If the court concludes that an application meets the 
requirements in subsection (b), the court shall--
            ``(1) order the respondent to file an answer;
            ``(2) permit the parties to conduct reasonable discovery;
            ``(3) conduct a hearing to resolve disputed issues of fact; 
        and
            ``(4) upon request, issue a stay of execution pending 
        further proceedings in the district court and on direct review 
        of the district court's judgment.
    ``(d) If the court concludes that the applicant meets the standards 
established by subsection (a)(1) or (2), the court shall order his or 
her release, unless a new trial or, in an appropriate case, a new 
sentencing proceeding, is conducted within a reasonable time.
    ``(e) If the court determines that the applicant is currently 
entitled to pursue other available and effective remedies in either 
State or Federal court, the court may, at the request of either party, 
suspend its consideration of the application under this section until 
the applicant has exhausted those remedies. A stay issued pursuant to 
subsection (c) shall remain in effect during such a suspension.
    ``(f) An application under this section may be consolidated with 
any other pending application under this chapter, filed by the same 
applicant.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 153 of title 28, United States Code, is amended by adding after 
the provision added by section 805 of this subtitle the following:

``2258. Claims of innocence.''.

SEC. 10. PROCEDURAL DEFAULT IN STATE COURT.

    Section 2254 of title 28, United States Code, is amended by adding 
the following:
    ``(h)(1) A district court shall decline to consider a claim under 
this section if--
            ``(A) the applicant previously failed to raise the claim in 
        State court at the time and in the manner prescribed by State 
        law; the State courts, for that reason, refused or would refuse 
        to entertain the claim; such refusal would constitute an 
        adequate and independent State law ground that would foreclose 
        direct review of the State court judgment in the Supreme Court 
        of the United States; and
            ``(B) the applicant fails to show cause for the failure to 
        raise the claim in State court and prejudice to the applicant's 
        right to fair proceedings or to an accurate outcome resulting 
        from the alleged violation of the Federal right asserted, or 
        that failure to consider the claim would result in a 
        miscarriage of justice.
    ``(2) The court shall not find cause in any case in which it 
appears that the applicant or counsel deliberately withheld a claim 
from the State courts for strategic purposes. An applicant may 
establish cause by showing that--
            ``(A) the factual basis of the claim could not have been 
        discovered by the exercise of reasonable diligence before the 
        applicant could have raised the claim in State court;
            ``(B) the claim relies on a decision of the Supreme Court 
        of the United States, announced after the applicant might have 
        raised the claim in State court; or
            ``(C) the failure to raise the claim in State court was due 
        to interference by State officials, counsel's ignorance or 
        neglect, or counsel's ineffective assistance in violation of 
        the Constitution.''.

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HR 4018 IH----2