[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 221 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 221

 To allow a prisoner under sentence of death to obtain judicial review 
   of newly discovered evidence showing that he is probably innocent.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             January 27 (legislative day, January 5), 1993

Mr. Metzenbaum (for himself and Mr. Hatfield) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
 To allow a prisoner under sentence of death to obtain judicial review 
   of newly discovered evidence showing that he is probably innocent.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
    Section 1651 of title 28, United States Code, is amended by adding 
at the end the following:
    ``(c)(1) At any time, and notwithstanding any other provision of 
law, a district court shall issue any appropriate writ or relief on 
behalf of an applicant under sentence of death, imposed either in 
Federal or in State court, who establishes that he is probably innocent 
of the offense for which the death sentence was imposed.
            ``(2) On receipt of an application filed pursuant to 
        paragraph (1), a district court shall promptly stay the 
        applicant's execution pending consideration of the application 
        and, upon an unfavorable disposition, until the court's action 
        is affirmed on direct review.
            ``(3) The court shall dismiss the application, unless it 
        alleges facts, supported by sworn affidavits or documentary 
        evidence, that--
                    ``(A) could not have been discovered through the 
                exercise of due diligence in time to be presented at 
                trial; and
                    ``(B) if proven, would establish that the applicant 
                is probably innocent.
            ``(4) 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 shall 
        suspend its consideration of the application under this section 
        until the applicant has exhausted those remedies. The stay 
        issued pursuant to paragraph (2) shall remain in effect during 
        such a suspension.''.

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