[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4387 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 4387

To require that an application for a writ of habeas corpus be submitted 
    with the consent of the person for whose relief it is intended.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 11, 1994

 Mrs. Bentley introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To require that an application for a writ of habeas corpus be submitted 
    with the consent of the person for whose relief it is intended.

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

SECTION 1. CONSENT FOR APPLICATION FOR A WRIT OF HABEAS CORPUS.

    Section 2248 of title 28, United States Code, is amended by 
inserting the following new section:
    ``(b) In any appeal of a person convicted of a felony for which 
that person previously has been determined to be capable of aiding in 
his or her own defense, no other person may present an application for 
a writ of habeas corpus without the convicted person's consent or 
without providing clean and convincing evidence of the convicted 
person's mental incompetence.''.

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