[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2389 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 2389

                  To reform habeas corpus procedures.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

              August 15 (legislative day, August 11), 1994

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

_______________________________________________________________________

                                 A BILL


 
                  To reform habeas corpus procedures.

    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 ``Habeas Corpus Reform Act of 1994''.

SEC. 2. SPECIAL HABEAS CORPUS PROCEDURES IN CAPITAL CASES.

    (a) In General.--Part IV of title 28, United States Code, is 
amended by inserting immediately following chapter 153 the following 
new title:

    ``CHAPTER 154--SPECIAL HABEAS CORPUS PROCEDURES IN CAPITAL CASES

``Sec.
``2256. Application of chapter to prisoners in State custody subject to 
                            capital sentence and appointment of 
                            counsel.
``2257. Mandatory stays of execution and successive petitions.
``2258. Filing of habeas corpus petition.
``2259. Certificate of probable cause inapplicable.
``2260. Counsel in capital cases.
``Sec.  2256. Application of chapter to prisoners in State custody 
              subject to capital sentence and appointment of counsel
    ``(a) Applicability of Chapter to Cases.--This chapter shall apply 
to cases arising under section 2254 of this title brought by prisoners 
in State custody who are subject to a capital sentence. It shall apply 
only if subsection (b) is satisfied.
    ``(b) Applicability of Chapter to States.--This chapter is 
applicable if a State establishes by rule of its court of last resort 
or by statute a mechanism for the appointment, compensation, and 
payment of reasonable fees and litigation expenses of competent counsel 
consistent with section 2260 of this title.
    ``(c) Rule for Previous Counsel.--No counsel appointed pursuant to 
subsection (b) to represent a State prisoner under capital sentence 
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.
    ``(d) Ineffectiveness of Counsel.--The ineffectiveness or 
incompetence of counsel appointed under this chapter during State or 
Federal collateral post-conviction proceedings shall not be a ground 
for relief in a proceeding arising under this chapter or section 2254 
of this title. This limitation shall not preclude the appointment of 
different counsel at any phase of State or Federal post-conviction 
proceedings.
``Sec. 2257. Mandatory stays of execution and successive petitions
    ``(a) In General.--Upon the entry in the appropriate State court of 
record of an order pursuant to section 2260 of this title, a warrant or 
order setting an execution date for a State prisoner shall be stayed 
upon application to any court that would have jurisdiction over any 
proceedings filed pursuant to section 2254 of this title. The 
application shall recite that the State has invoked the post-conviction 
review procedures of this chapter and that the scheduled execution is 
subject to stay.
    ``(b) Duration of Stay.--A stay of execution granted pursuant to 
subsection (a) shall expire if--
            ``(1) a State prisoner fails to file a habeas corpus 
        petition under section 2254 of this title within the time 
        required in section 2258 of this title;
            ``(2) upon completion of district court and court of 
        appeals review under section 2254 of this title the petition 
        for relief is denied and--
                    ``(A) the time for filing a petition for certiorari 
                has expired and no petition has been filed;
                    ``(B) a timely petition for certiorari was filed 
                and the Supreme Court denied the petition; or
                    ``(C) a timely petition for certiorari was filed 
                and upon consideration of the case, the Supreme Court 
                disposed of it in a manner that left the capital 
                sentence undisturbed; or
            ``(3) a State prisoner under capital sentence waives the 
        right to pursue habeas corpus review under section 2254 of this 
        title--
                    ``(A) before a court of competent jurisdiction;
                    ``(B) in the presence of counsel; and
                    ``(C) after having been advised of the consequences 
                of his decision.
    ``(c) Successive Petitions.--If one of the conditions provided in 
subsection (b) is satisfied, no Federal court thereafter shall have the 
authority to enter a stay of execution or grant relief in a capital 
case unless--
            ``(1) the basis for the stay and request for relief is a 
        claim not previously presented by the prisoner in State or 
        Federal courts, and the failure to raise the claim is--
                    ``(A) the result of State action in violation of 
                the Constitution or laws of the United States;
                    ``(B) the result of the Supreme Court recognition 
                of a new Federal right that is retroactively 
                applicable; or
                    ``(C) based on a factual predicate that could not 
                have been discovered through the exercise of reasonable 
                diligence in time to present the claim for State or 
                Federal postconviction review; and
            ``(2) the facts underlying the claim would be sufficient, 
        if proven, to undermine the court's confidence in the jury's 
        determination of guilt of the offense or offenses for which the 
        death penalty was imposed, or in the validity of the sentence 
        of death.
``Sec.  2258. Filing of habeas corpus petition
    ``(a) Filing of Petitions.--Any petition for habeas corpus relief 
under section 2254 of this title must be filed in the appropriate 
district court not later than 180 days after the date of filing in the 
appropriate State court of record of an order issued appointing 
collateral counsel in compliance with section 2260 of this title.
    ``(b) Time Requirements.--The time requirements established by this 
section shall be tolled--
            ``(1) from the date that a petition for certiorari is filed 
        in the Supreme Court until the date of final disposition of the 
        petition if a State prisoner seeks review of a capital sentence 
        that has been affirmed on direct appeal by the court of last 
        resort of the State or has otherwise become final for State law 
        purposes;
            ``(2) during any period in which a State prisoner under 
        capital sentence has a properly filed request for 
        postconviction review pending before a State court of competent 
        jurisdiction; if all State filing rules are met in a timely 
        manner, this period shall run continuously from the date that 
        the State prisoner initially files for post-conviction review 
        until final disposition of the case by the State court of last 
        resort; and
            ``(3) during an additional period not to exceed 90 days, if 
        counsel for the State prisoner--
                    ``(A) moves for an extension of time in the United 
                States district court that would have proper 
                jurisdiction over the case upon the filing of a habeas 
                corpus petition under section 2254 of this title; and
                    ``(B) makes a showing of good cause for counsel's 
                inability to file the habeas corpus petition within the 
                180-day period established by this section.
The tolling rule established by this subsection shall not apply during 
the pendency of a petition for certiorari before the Supreme Court 
following such State post-conviction review.
``Sec.  2259. Certificate of probable cause inapplicable
    ``The requirement of a certificate of probable cause in order to 
appeal from the district court to the court of appeals does not apply 
to habeas corpus cases subject to this chapter except when a second or 
successive petition is filed.
``Sec.  2260. Counsel in capital cases
    ``(a) In General.--A mechanism for the provision of counsel 
services to indigents sufficient to invoke the provisions of this 
chapter shall--
            ``(1) provide for counsel to--
                    ``(A) indigents charged with offenses for which 
                capital punishment is sought;
                    ``(B) indigents who have been sentenced to death 
                and who seek appellate or collateral review in State 
                court; and
                    ``(C) indigents who have been sentenced to death 
                and who seek certiorari review in the United States 
                Supreme Court; and
            ``(2) provide for the entry and filing of an order in an 
        appropriate State court of record appointing one or more 
        counsel to represent the prisoner except upon a judicial 
        determination (after a hearing, if necessary) that--
                    ``(A) the prisoner is not indigent; or
                    ``(B) the prisoner knowingly and intelligently 
                waives the appointment of counsel.
    ``(b) Standards for Counsel.--
            ``(1) In general.--(A) Except as provided in paragraph (2), 
        at least one attorney appointed pursuant to this chapter before 
        trial, if applicable, and at least one attorney appointed 
        pursuant to this chapter after trial, if applicable, shall have 
        been certified by a statewide certification authority. The 
        States may elect to create one or more certification 
        authorities (but not more than three such certification 
        authorities) to perform the responsibilities set forth in 
        subparagraph (B).
            ``(B) The certification authority for counsel at any stage 
        of a capital case shall be--
                    ``(i) a special committee, constituted by the State 
                court of last resort or by State statute, relying on 
                staff attorneys of a defender organization, members of 
                the private bar, or both;
                    ``(ii) a capital litigation resource center, 
                relying on staff attorneys, members of the private bar, 
                or both; or
                    ``(iii) a statewide defender organization, relying 
                on staff attorneys, members of the private bar, or 
                both.
            ``(C) The certification authority shall--
                    ``(i) certify attorneys qualified to represent 
                persons charged with capital offenses or sentenced to 
                death;
                    ``(ii) draft and annually publish procedures and 
                standards by which attorneys are certified and rosters 
                of certified attorneys; and
                    ``(iii) periodically review the roster of certified 
                attorneys, monitor the performance of all attorneys 
                certified, and withdraw certification from any attorney 
                who fails to meet high performance standards in a case 
                to which the attorney is appointed, or fails otherwise 
                to demonstrate continuing competence to represent 
                prisoners in capital litigation.
            ``(2) Exception for states without state systems.--In a 
        State that has a publicly-funded public defender system that is 
        not organized on a statewide basis, the requirements of 
        paragraph (1) shall be deemed to have been satisfied if at 
        least one attorney appointed pursuant to this chapter before 
        trial shall be employed by a State funded public defender 
        organization, and if the highest court of the State finds on an 
        annual basis that the standards and procedures established and 
        maintained by such organization (which have been filed by such 
        organization and reviewed by such court on an annual basis) 
        insure that the attorneys working for such organization 
        demonstrate continuing competence to represent indigents in 
        capital litigation.
    ``(c) Noncomplying States.--
            ``(1) Before trial.--If a State has not elected to comply 
        with the provisions of subsection (b), in the case of an 
        appointment made before trial, at least one attorney appointed 
        under this chapter must have been admitted to practice in the 
        court in which the prosecution is to be tried for not less than 
        5 years, and must have not less than 3 years' experience in the 
        trial of felony prosecutions in that court.
            ``(2) After trial.--If a State has not elected to comply 
        with the provisions of subsection (b), in the case of an 
        appointment made after trial, at least one attorney appointed 
        under this chapter must have been admitted to practice in the 
        court of last resort of the State for not less than 5 years, 
        and must have had not less than 3 years' experience in the 
        handling of appeals in that State courts in felony cases.
    ``(d) Different Attorney.--Notwithstanding any other provision of 
this section, a court, for good cause, and upon the defendant's 
request, may appoint another attorney whose background, knowledge or 
experience would otherwise enable the attorney to properly represent 
the defendant, with due consideration of the seriousness of the 
possible penalty and the unique and complex nature of the litigation.
    ``(e) Payment for Additional Services.--Upon a finding in ex parte 
proceedings that investigative, expert or other services are reasonably 
necessary for the representation of the defendant, whether in 
connection with issues relating to guilt or issues relating to 
sentence, the court shall authorize the defendant's attorney to obtain 
such services on behalf of the defendant and shall order the payment of 
reasonable fees and expenses therefor, under subsection (f). Upon 
finding that timely procurement of such services could not practically 
await prior authorization, the court may authorize the provision of any 
payment of services nunc pro tunc.
    ``(f) Attorney Compensation.--Notwithstanding the rates and maximum 
limits generally applicable to criminal cases and any other provision 
of law to the contrary, the court shall fix the compensation to be paid 
to an attorney appointed under this subsection (other than State 
employees) and the fees and expenses to be paid for investigative, 
expert, and other reasonably necessary services authorized under 
subsection (c), at such rates or amounts as the court determines to be 
reasonably necessary to carry out the requirements of this 
subsection.''.
    (b) Amendments to Table of Chapters.--The table of chapters for 
part IV of title 28, United States Code, is amended by inserting after 
the item for chapter 153 the following:

``154. Special habeas corpus procedures in capital cases....    2256''.
                                 <all>