[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2392 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 2392

To amend title 28, United States Code, to place a limitation on habeas 
           corpus relief that prevents retrial of an accused.


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                    IN THE HOUSE OF REPRESENTATIVES

                           September 3, 1997

  Mr. Pitts introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend title 28, United States Code, to place a limitation on habeas 
           corpus relief that prevents retrial of an accused.

    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 ``Victim Protection Act of 1997''.

SEC. 2. HABEAS CORPUS RELIEF LIMITATION.

    (a) In General.--Section 2243 of title 28, United States Code, is 
amended by striking the period at the end of the final paragraph and 
inserting the following: ``, but the court shall not prevent the 
retrial of the person detained except under the circumstances described 
in this paragraph. In the event of a retrial, the retrial shall be held 
consistent with the findings of the court. The court may prohibit a 
retrial where the court finds an infringement of the double jeopardy, 
speedy trial, or ex post facto rights of the person detained, or finds 
that the law under which the applicant was convicted violates the 
Constitution.''.
    (b) Application.--The amendment made by this section shall apply to 
any case pending on or after the date of the enactment of this Act.
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