[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1110 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                S. 1110

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 31, 1997

  Mr. Specter introduced the following bill; which was read twice and 
               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 in the last paragraph by inserting before the period at the end 
the following: ``, except that the court shall not prohibit the retrial 
of the person detained, unless the court finds an infringement of the 
double jeopardy, speedy trial, or ex post facto rights of the person, 
or finds that the law under which the person was convicted violates the 
Constitution. In the event of a retrial of the person detained, the 
trial shall be conducted in accordance with the findings of the 
court''.
    (b) Application.--The amendment made by this section shall apply to 
any case pending or commenced on or after the date of enactment of this 
Act.
                                 <all>