[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2073 Introduced in Senate (IS)]

  2d Session
                                S. 2073

To reduce the risk that innocent persons may be executed, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 10, 2000

Mr. Leahy (for himself, Mr. Levin, Mr. Feingold, Mr. Moynihan, and Mr. 
        Akaka) introduced the following bill; which was read twice and 
        referred to the Committee on the JudiciaryYYYYYYYYYYYYYYYYYYYYY

_______________________________________________________________________

                                 A BILL


 
To reduce the risk that innocent persons may be executed, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Innocence 
Protection Act of 2000''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
         TITLE I--EXONERATING THE INNOCENT THROUGH DNA TESTING

Sec. 101. Findings and purposes.
Sec. 102. DNA testing in Federal criminal justice system.
Sec. 103. DNA testing in State criminal justice systems.
Sec. 104. Prohibition pursuant to section 5 of the 14th amendment.
      TITLE II--ENSURING COMPETENT LEGAL SERVICES IN CAPITAL CASES

Sec. 201. Amendments to Byrne grant programs.
Sec. 202. Effect on procedural default rules.
Sec. 203. Capital representation grants.
             TITLE III--COMPENSATING THE UNJUSTLY CONDEMNED

Sec. 301. Increased compensation in Federal cases.
Sec. 302. Compensation in State death penalty cases.
                   TITLE IV--MISCELLANEOUS PROVISIONS

Sec. 401. Accommodation of State interests in Federal death penalty 
                            prosecutions.
Sec. 402. Alternative of life imprisonment without possibility of 
                            release.
Sec. 403. Right to an informed jury.
Sec. 404. Annual reports.
Sec. 405. Discretionary appellate review.
Sec. 406. Sense of the Senate regarding the execution of juvenile 
                            offenders and the mentally retarded.

         TITLE I--EXONERATING THE INNOCENT THROUGH DNA TESTING

SEC. 101. FINDINGS AND PURPOSES.

    (a) Findings.--Congress makes the following findings:
            (1) Over the past decade, deoxyribonucleic acid testing 
        (referred to in this section as ``DNA testing'') has emerged as 
        the most reliable forensic technique for identifying criminals 
        when biological material is left at a crime scene.
            (2) Because of its scientific precision, DNA testing can, 
        in some cases, conclusively establish the guilt or innocence of 
        a criminal defendant. In other cases, DNA testing may not 
        conclusively establish guilt or innocence, but may have 
        significant probative value to a finder of fact.
            (3) While DNA testing is increasingly commonplace in 
        pretrial investigations today, it was not widely available in 
        cases tried prior to 1994. Moreover, new forensic DNA testing 
        procedures have made it possible to get results from minute 
        samples that could not previously be tested, and to obtain more 
        informative and accurate results than earlier forms of forensic 
        DNA testing could produce. Consequently, in some cases 
        convicted inmates have been exonerated by new DNA tests after 
        earlier tests had failed to produce definitive results.
            (4) Since DNA testing is often feasible on relevant 
        biological material that is decades old, it can, in some 
        circumstances, prove that a conviction that predated the 
        development of DNA testing was based upon incorrect factual 
        findings. Uniquely, DNA evidence showing innocence, produced 
        decades after a conviction, provides a more reliable basis for 
        establishing a correct verdict than any evidence proffered at 
        the original trial. DNA testing, therefore, can and has 
        resulted in the post-conviction exoneration of innocent men and 
        women.
            (5) In the past decade, there have been more than 65 post-
        conviction exonerations in the United States and Canada based 
        upon DNA testing. At least 8 individuals sentenced to death 
        have been exonerated through post-conviction DNA testing, some 
        of whom came within days of being executed.
            (6) The 2 States that have established statutory processes 
        for post-conviction DNA testing, Illinois and New York, have 
        the most post-conviction DNA exonerations, 14 and 7, 
        respectively.
            (7) The advent of DNA testing raises serious concerns 
        regarding the prevalence of wrongful convictions, especially 
        wrongful convictions arising out of mistaken eyewitness 
        identification testimony. According to a 1996 Department of 
        Justice study entitled ``Convicted by Juries, Exonerated by 
        Science: Case Studies of Post-Conviction DNA Exonerations'', in 
        approximately 20 to 30 percent of the cases referred for DNA 
        testing, the results excluded the primary suspect. Without DNA 
        testing, many of these individuals might have been wrongfully 
        convicted.
            (8) Laws in more than 30 States require that a motion for a 
        new trial based on newly discovered evidence of innocence be 
        filed within 6 months or less. These laws are premised on the 
belief--inapplicable to DNA testing--that evidence becomes less 
reliable over time. Such time limits have been used to deny inmates 
access to DNA testing, even when guilt or innocence could be 
conclusively established by such testing. For example, in Dedge v. 
Florida, 723 So.2d 322 (Fla. Dist. Ct. App. 1998), the court without 
opinion affirmed the denial of a motion to release trial evidence for 
the purpose of DNA testing. The trial court denied the motion as 
procedurally barred under the 2-year limitation on claims of newly 
discovered evidence established by the State of Florida, which has 
since adopted a 6-month limitation on such claims.
            (9) Even when DNA testing has been done and has 
        persuasively demonstrated the actual innocence of an inmate, 
        States have sometimes relied on time limits and other 
        procedural barriers to deny release.
            (10) The National Commission on the Future of DNA Evidence, 
        a Federal panel established by the Department of Justice and 
        comprised of law enforcement, judicial, and scientific experts, 
        has issued a report entitled ``Recommendations For Handling 
        Post-Conviction DNA Applications'' that urges post-conviction 
        DNA testing in 2 carefully defined categories of cases, 
        notwithstanding procedural rules that could be invoked to 
        preclude such testing, and notwithstanding the inability of the 
        inmate to pay for the testing.
            (11) The number of cases in which post-conviction DNA 
        testing is appropriate is relatively small and will decrease as 
        pretrial testing becomes more common and accessible.
            (12) The cost of DNA testing has also decreased in recent 
        years. The typical case, involving the analysis of 8 samples, 
        currently costs between $2,400 and $5,000, depending upon 
        jurisdictional differences in personnel costs.
            (13) In 1994, Congress authorized funding to improve the 
        quality and availability of DNA analysis for law enforcement 
        identification purposes. Since then, States have been awarded 
        over $50,000,000 in DNA-related grants.
            (14) Although the Supreme Court has never announced a 
        standard for addressing constitutional claims of innocence, in 
        Herrera v. Collins, 506 U.S. 390 (1993), a majority of the 
        Court expressed the view that, ``a truly persuasive 
        demonstration of `actual innocence''' made after trial would 
        render imposition of punishment by a State unconstitutional.
            (15) If biological material is not subjected to DNA testing 
        in appropriate cases, there is a significant risk that 
        persuasive evidence of innocence will not be detected and, 
        accordingly, that innocent persons will be unconstitutionally 
        incarcerated or executed.
            (16) To prevent violations of the Constitution of the 
        United States that the Supreme Court anticipated in Herrera v. 
        Collins, it is necessary and proper to enact national 
        legislation that ensures that the Federal Government and the 
        States will permit DNA testing in appropriate cases.
            (17) There is also a compelling need to ensure the 
        preservation of biological material for post-conviction DNA 
        testing. Since 1992, the Innocence Project at the Benjamin N. 
        Cardozo School of Law has received thousands of letters from 
        inmates who claim that DNA testing could prove them innocent. 
        In over 70 percent of those cases in which DNA testing could 
        have been dispositive of guilt or innocence if the biological 
        material were available, the material had been destroyed or 
        lost. In two-thirds of the cases in which the evidence was 
        found, and DNA testing conducted, the results have exonerated 
        the inmate.
            (18) In at least 14 cases, post-conviction DNA testing that 
        has exonerated a wrongly convicted person has also provided 
        evidence leading to the apprehension of the actual perpetrator, 
        thereby enhancing public safety. This would not have been 
        possible if the biological evidence had been destroyed.
    (b) Purposes.--The purposes of this title are to--
            (1) substantially implement the Recommendations of the 
        National Commission on the Future of DNA Evidence in the 
        Federal criminal justice system, by ensuring the availability 
        of DNA testing in appropriate cases;
            (2) prevent the imposition of unconstitutional punishments 
        through the exercise of power granted by clause 1 of section 8 
        and clause 2 of section 9 of article I of the Constitution of 
        the United States and section 5 of the 14th amendment to the 
        Constitution of the United States; and
            (3) ensure that wrongfully convicted persons have an 
        opportunity to establish their innocence through DNA testing, 
        by requiring the preservation of DNA evidence for a limited 
        period.

SEC. 102. DNA TESTING IN FEDERAL CRIMINAL JUSTICE SYSTEM.

    (a) In General.--Part VI of title 28, United States Code, is 
amended by inserting after chapter 155 the following:

                       ``CHAPTER 156--DNA TESTING

``Sec.
``2291. DNA testing.
``2292. Preservation of biological material.
``Sec. 2291. DNA testing
    ``(a) Application.--Notwithstanding any other provision of law, a 
person in custody pursuant to the judgment of a court established by an 
Act of Congress may, at any time after conviction, apply to the court 
that entered the judgment for forensic DNA testing of any biological 
material that--
            ``(1) is related to the investigation or prosecution that 
        resulted in the judgment;
            ``(2) is in the actual or constructive possession of the 
        Government; and
            ``(3) was not previously subjected to DNA testing, or can 
        be subjected to retesting with new DNA techniques that provide 
        a reasonable likelihood of more accurate and probative results.
    ``(b) Notice to Government.--
            ``(1) In general.--The court shall notify the Government of 
        an application made under subsection (a) and shall afford the 
        Government an opportunity to respond.
            ``(2) Preservation of remaining biological material.--Upon 
        receiving notice of an application made under subsection (a), 
        the Government shall take such steps as are necessary to ensure 
        that any remaining biological material that was secured in 
        connection with the case is preserved pending the completion of 
        proceedings under this section.
    ``(c) Order.--The court shall order DNA testing pursuant to an 
application made under subsection (a) upon a determination that testing 
may produce noncumulative, exculpatory evidence relevant to the claim 
of the applicant that the applicant was wrongfully convicted or 
sentenced.
    ``(d) Cost.--The cost of DNA testing ordered under subsection (c) 
shall be borne by the Government or the applicant, as the court may 
order in the interests of justice, if it is shown that the applicant is 
not indigent and possesses the means to pay.
    ``(e) Counsel.--The court may at any time appoint counsel for an 
indigent applicant under this section.
    ``(f) Post-Testing Procedures.--
            ``(1) Procedures following results unfavorable to 
        applicant.--If the results of DNA testing conducted under this 
        section are unfavorable to the applicant, the court--
                    ``(A) shall dismiss the application; and
                    ``(B) in the case of an applicant who is not 
                indigent, may assess the applicant for the cost of such 
                testing.
            ``(2) Procedures following results favorable to 
        applicant.--If the results of DNA testing conducted under this 
        section are favorable to the applicant, the court shall--
                    ``(A) order a hearing, notwithstanding any 
                provision of law that would bar such a hearing; and
                    ``(B) enter any order that serves the interests of 
                justice, including an order--
                            ``(i) vacating and setting aside the 
                        judgment;
                            ``(ii) discharging the applicant if the 
                        applicant is in custody;
                            ``(iii) resentencing the applicant; or
                            ``(iv) granting a new trial.
    ``(g) Rule of Construction.--Nothing in this section shall be 
construed to limit the circumstances under which a person may obtain 
DNA testing or other post-conviction relief under any other provision 
of law.
``Sec. 2292. Preservation of biological material
    ``(a) In General.--Notwithstanding any other provision of law and 
subject to subsection (b), the Government shall preserve any biological 
material secured in connection with a criminal case for such period of 
time as any person remains incarcerated in connection with that case.
    ``(b) Exception.--The Government may destroy biological material 
before the expiration of the period of time described in subsection (a) 
if--
            ``(1) the Government notifies any person who remains 
        incarcerated in connection with the case, and any counsel of 
        record or public defender organization for the judicial 
        district in which the judgment of conviction for such person 
        was entered, of--
                    ``(A) the intention of the Government to destroy 
                the material; and
                    ``(B) the provisions of this chapter;
            ``(2) no person makes an application under section 2291(a) 
        within 90 days of receiving notice under paragraph (1) of this 
        subsection; and
            ``(3) no other provision of law requires that such 
        biological material be preserved.''.
    (b) Technical and Conforming Amendment.--The analysis for part VI 
of title 28, United States Code, is amended by inserting after the item 
relating to chapter 155 the following:

``156. DNA Testing..........................................    2291''.

SEC. 103. DNA TESTING IN STATE CRIMINAL JUSTICE SYSTEMS.

    (a) DNA Identification Grant Program.--Section 2403 of title I of 
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3796kk-2) is amended--
            (1) in paragraph (2)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``shall'' and inserting ``will'';
                    (B) in subparagraph (C), by striking ``is charged'' 
                and inserting ``was charged or convicted''; and
                    (C) in subparagraph (D), by striking ``and'' at the 
                end;
            (2) in paragraph (3)--
                    (A) by striking ``shall'' and inserting ``will''; 
                and
                    (B) by striking the period at the end and inserting 
                ``; and''; and
            (3) by adding at the end the following:
            ``(4) the State will--
                    ``(A) preserve all biological material secured in 
                connection with a State criminal case for not less than 
                the period of time that biological material is required 
                to be preserved under section 2292 of title 28, United 
                States Code, in the case of a person incarcerated in 
                connection with a Federal criminal case; and
                    ``(B) make DNA testing available to any person 
                convicted in State court to the same extent, and under 
                the same conditions, that DNA testing is available 
                under section 2291 of title 28, United States Code, to 
                any person convicted in a court established by an Act 
                of Congress.''.
    (b) Drug Control and System Improvement Grant Program.--Section 
503(a)(12) of title I of the Omnibus Crime Control and Safe Streets Act 
of 1968 (42 U.S.C. 3753(a)(12)) is amended--
            (1) in subparagraph (B)--
                    (A) in clause (iii), by striking ``is charged'' and 
                inserting ``was charged or convicted''; and
                    (B) in clause (iv), by striking ``and'' at the end;
            (2) in subparagraph (C), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(D) the State will--
                            ``(i) preserve all biological material 
                        secured in connection with a State criminal 
                        case for not less than the period of time that 
                        biological material is required to be preserved 
                        under section 2292 of title 28, United States 
                        Code, in the case of a person incarcerated in 
                        connection with a Federal criminal case; and
                            ``(ii) make DNA testing available to a 
                        person convicted in State court to the same 
                        extent, and under the same conditions, that DNA 
                        testing is available under section 2291 of 
                        title 28, United States Code, to a person 
                        convicted in a court established by an Act of 
                        Congress.''.
    (c) Public Safety and Community Policing Grant Program.--Section 
1702(c) of title I of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3796dd-1(c)) is amended--
            (1) in paragraph (10), by striking ``and'' at the end;
            (2) in paragraph (11), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(12) if any part of funds received from a grant made 
        under this subchapter is to be used to develop or improve a DNA 
        analysis capability in a forensic laboratory, or to obtain or 
        analyze DNA samples for inclusion in the Combined DNA Index 
        System (CODIS), certify that--
                    ``(A) DNA analyses performed at such laboratory 
                will satisfy or exceed the current standards for a 
                quality assurance program for DNA analysis, issued by 
                the Director of the Federal Bureau of Investigation 
                under section 210303 of the DNA Identification Act of 
                1994 (42 U.S.C. 14131);
                    ``(B) DNA samples and analyses obtained and 
                performed by such laboratory will be accessible only--
                            ``(i) to criminal justice agencies for law 
                        enforcement purposes;
                            ``(ii) in judicial proceedings, if 
                        otherwise admissible under applicable statutes 
                        and rules;
                            ``(iii) for criminal defense purposes, to a 
                        defendant, who shall have access to samples and 
                        analyses performed in connection with the case 
                        in which the defendant was charged or 
                        convicted; or
                            ``(iv) if personally identifiable 
                        information is removed, for a population 
                        statistics database, for identification 
                        research and protocol development purposes, or 
                        for quality control purposes;
                    ``(C) the laboratory and each analyst performing 
                DNA analyses at the laboratory will undergo, at regular 
                intervals not exceeding 180 days, external proficiency 
                testing by a DNA proficiency testing program that meets 
                the standards issued under section 210303 of the DNA 
                Identification Act of 1994 (42 U.S.C. 14131); and
                    ``(D) the State will--
                            ``(i) preserve all biological material 
                        secured in connection with a State criminal 
                        case for not less than the period of time that 
                        biological material is required to be preserved 
                        under section 2292 of title 28, United States 
                        Code, in the case of a person incarcerated in 
                        connection with a Federal criminal case; and
                            ``(ii) make DNA testing available to any 
                        person convicted in State court to the same 
                        extent, and under the same conditions, that DNA 
                        testing is available under section 2291 of 
                        title 28, United States Code, to a person 
                        convicted in a court established by an Act of 
                        Congress.''.

SEC. 104. PROHIBITION PURSUANT TO SECTION 5 OF THE 14TH AMENDMENT.

    (a) Request for DNA Testing.--
            (1) In general.--No State shall deny a request, made by a 
        person in custody resulting from a State court judgment, for 
        DNA testing of biological material that--
                    (A) is related to the investigation or prosecution 
                that resulted in the conviction of the person or the 
                sentence imposed on the person;
                    (B) is in the actual or constructive possession of 
                the State; and
                    (C) was not previously subjected to DNA testing, or 
                can be subjected to retesting with new DNA techniques 
                that provide a reasonable likelihood of more accurate 
                and probative results.
            (2) Exception.--A State may deny a request under paragraph 
        (1) upon a judicial determination that testing could not 
        produce noncumulative evidence establishing a reasonable 
        probability that the person was wrongfully convicted or 
        sentenced.
    (b) Opportunity To Present Results of DNA Testing.--No State shall 
rely upon a time limit or procedural default rule to deny a person an 
opportunity to present noncumulative, exculpatory DNA results in court, 
or in an executive or administrative forum in which a decision is made 
in accordance with procedural due process.
    (c) Remedy.--A person may enforce subsections (a) and (b) in a 
civil action for declaratory or injunctive relief, filed either in a 
State court of general jurisdiction or in a district court of the 
United States, naming either the State or an executive or judicial 
officer of the State as defendant. No State or State executive or 
judicial officer shall have immunity from actions under this 
subsection.

      TITLE II--ENSURING COMPETENT LEGAL SERVICES IN CAPITAL CASES

SEC. 201. AMENDMENTS TO BYRNE GRANT PROGRAMS.

    (a) Certification Requirement; Formula Grants.--Section 503 of 
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3753) is amended--
            (1) in subsection (a), by adding at the end the following:
            ``(13) If the State prescribes, authorizes, or permits the 
        penalty of death for any offense, a certification that the 
        State has established and maintains an effective system for 
        providing competent legal services to indigents at every phase 
        of a State criminal prosecution in which a death sentence is 
        sought or has been imposed, up to and including direct 
        appellate review and post-conviction review in State court.''; 
        and
            (2) in subsection (b)--
                    (A) by striking ``(b) Within 30 days after the date 
                of enactment of this part, the'' and inserting the 
                following:
    ``(b) Regulations.--
            ``(1) In general.--The''; and
                    (B) by adding at the end the following:
            ``(2) Certification regulations.--The Director of the 
        Administrative Office of the United States Courts, after notice 
        and an opportunity for comment, shall promulgate regulations 
        specifying the elements of an effective system within the 
        meaning of subsection (a)(13), which elements shall include--
                    ``(A) a centralized and independent appointing 
                authority, which shall have authority and 
                responsibility to--
                            ``(i) recruit attorneys who are qualified 
                        to represent indigents in the capital 
                        proceedings specified in subsection (a)(13);
                            ``(ii) draft and annually publish a roster 
                        of qualified attorneys;
                            ``(iii) draft and annually publish 
                        qualifications and performance standards that 
                        attorneys must satisfy to be listed on the 
                        roster and procedures by which qualified 
                        attorneys are identified;
                            ``(iv) periodically review the roster, 
                        monitor the performance of all attorneys 
                        appointed, provide a mechanism by which members 
                        of the Bar may comment on the performance of 
                        their peers, and delete the name of any 
                        attorney who fails to complete regular training 
                        programs on the representation of clients in 
                        capital cases, fails to meet performance 
                        standards in a case to which the attorney is 
                        appointed, or otherwise fails to demonstrate 
                        continuing competence to represent clients in 
                        capital cases;
                            ``(v) conduct or sponsor specialized 
                        training programs for attorneys representing 
                        clients in capital cases;
                            ``(vi) appoint lead counsel and co-counsel 
                        from the roster to represent a defendant in a 
                        capital case promptly upon receiving notice of 
                        the need for an appointment from the relevant 
                        State court; and
                            ``(vii) report the appointment, or the 
                        failure of the defendant to accept such 
                        appointment, to the court requesting the 
                        appointment;
                    ``(B) compensation of private attorneys for actual 
                time and service, computed on an hourly basis and at a 
                reasonable hourly rate in light of the qualifications 
                and experience of the attorney and the local market for 
                legal representation in cases reflecting the complexity 
                and responsibility of capital cases;
                    ``(C) reimbursement of private attorneys and public 
                defender organizations for attorney expenses reasonably 
                incurred in the representation of a client in a capital 
                case, computed on an hourly basis reflecting the local 
                market for such services; and
                    ``(D) reimbursement of private attorneys and public 
                defender organizations for the reasonable costs of law 
                clerks, paralegals, investigators, experts, scientific 
                tests, and other support services necessary in the 
                representation of a defendant in a capital case, 
                computed on an hourly basis reflecting the local market 
                for such services.''.
    (b) Certification Requirement; Discretionary Grants.--Section 
517(a) of title I of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3763(a)) is amended--
            (1) in paragraph (3), by striking ``and'' at the end;
            (2) in paragraph (4), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(5) satisfies the certification requirement established 
        by section 503(a)(13).''.
    (c) Director's Reports to Congress.--Section 522(b) of title I of 
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3766b(b)) is amended--
            (1) in paragraph (4), by striking ``and'' at the end;
            (2) by redesignating paragraph (5) as paragraph (6); and
            (3) by inserting after paragraph (4) the following:
            ``(5) descriptions and a comparative analysis of the 
        systems established by each State in order to satisfy the 
        certification requirement established by section 503(a)(13), 
        except that the descriptions and the comparative analysis shall 
        include--
                    ``(A) the qualifications and performance standards 
                established pursuant to section 503(b)(2)(A)(iii);
                    ``(B) the rates of compensation paid under section 
                503(b)(2)(B); and
                    ``(C) the rates of reimbursement paid under 
                subparagraphs (C) and (D) of section 503(b)(2); and''.
    (d) Effective Date.--
            (1) In general.--Subject to paragraph (2), the amendments 
        made by this section shall apply with respect to any 
        application submitted on or after the date that is 1 year after 
        the date of enactment of this Act.
            (2) Exception.--The amendments made by this section shall 
        not take effect until the amount made available for a fiscal 
        year to carry out part E of title I of the Omnibus Crime 
        Control and Safe Streets Act of 1968 equals or exceeds an 
        amount that is $50,000,000 greater than the amount made 
        available to carry out that part for fiscal year 2000.
    (e) Regulations.--The Director of the Administrative Office of the 
United States Courts shall issue all regulations necessary to carry out 
the amendments made by this section not later than 180 days before the 
effective date of those regulations.

SEC. 202. EFFECT ON PROCEDURAL DEFAULT RULES.

    Section 2254(e) of title 28, United States Code, is amended--
            (1) in paragraph (1), by striking ``In a proceeding'' and 
        inserting ``Except as provided in paragraph (3), in a 
        proceeding''; and
            (2) by adding at the end the following:
            ``(3) In a proceeding instituted by an indigent applicant 
        under sentence of death, the court shall neither presume a 
        finding of fact made by a State court to be correct nor decline 
        to consider a claim on the ground that the applicant failed to 
        raise such claim in State court at the time and in the manner 
        prescribed by State law, unless--
                    ``(A) the State provided the applicant with legal 
                services at the stage of the State proceedings at which 
                the State court made the finding of fact or the 
                applicant failed to raise the claim; and
                    ``(B) the legal services the State provided 
                satisfied the regulations promulgated by the Director 
                of the Administrative Office of the United States 
                Courts pursuant to section 503(b)(2) of title I of the 
                Omnibus Crime Control and Safe Streets Act of 1968.''.

SEC. 203. CAPITAL REPRESENTATION GRANTS.

    Section 3006A of title 18, United States Code, is amended--
            (1) by redesignating subsections (i), (j), and (k) as 
        subsections (j), (k), and (l), respectively; and
            (2) by inserting after subsection (h) the following:
    ``(i) Capital Representation Grants.--
            ``(1) Definitions.--In this subsection--
                    ``(A) the term `capital case'--
                            ``(i) means any criminal case in which a 
                        defendant prosecuted in a State court is 
                        subject to a sentence of death or in which a 
                        death sentence has been imposed; and
                            ``(ii) includes all proceedings filed in 
                        connection with the case, including trial, 
                        appellate, and Federal and State post-
                        conviction proceedings;
                    ``(B) the term `defense services' includes--
                            ``(i) recruitment of counsel;
                            ``(ii) training of counsel;
                            ``(iii) legal and administrative support 
                        and assistance to counsel;
                            ``(iv) direct representation of defendants, 
                        if the availability of other qualified counsel 
                        is inadequate to meet the need in the 
                        jurisdiction served by the grant recipient; and
                            ``(v) investigative, expert, or other 
                        services necessary for adequate representation; 
                        and
                    ``(C) the term `Director' means the Director of the 
                Administrative Office of the United States Courts.
            ``(2) Grant award and contract authority.--Notwithstanding 
        subsection (g), the Director shall award grants to, or enter 
        into contracts with, public agencies or private nonprofit 
        organizations for the purpose of providing defense services in 
        capital cases.
            ``(3) Purposes.--Grants and contracts awarded under this 
        subsection shall be used in connection with capital cases in 
        the jurisdiction of the grant recipient for 1 or more of the 
        following purposes:
                    ``(A) Enhancing the availability, competence, and 
                prompt assignment of counsel.
                    ``(B) Encouraging continuity of representation 
                between Federal and State proceedings.
                    ``(C) Decreasing the cost of providing qualified 
                counsel.
                    ``(D) Increasing the efficiency with which such 
                cases are resolved.
            ``(4) Guidelines.--The Director, in consultation with the 
        Judicial Conference of the United States, shall develop 
        guidelines to ensure that defense services provided by 
        recipients of grants and contracts awarded under this 
        subsection are consistent with applicable legal and ethical 
        proscriptions governing the duties of counsel in capital cases.
            ``(5) Consultation.--In awarding grants and contracts under 
        this subsection, the Director shall consult with 
        representatives of the highest State court, the organized bar, 
        and the defense bar of the jurisdiction to be served by the 
        recipient of the grant or contract.''.

             TITLE III--COMPENSATING THE UNJUSTLY CONDEMNED

SEC. 301. INCREASED COMPENSATION IN FEDERAL CASES.

    Section 2513 of title 28, United States Code, is amended by 
striking subsection (e) and inserting the following:
    ``(e) Damages.--
            ``(1) In general.--The amount of damages awarded in an 
        action described in subsection (a) shall not exceed $50,000 for 
        each 12-month period of incarceration, except that a plaintiff 
        who was unjustly sentenced to death may be awarded not more 
        than $100,000 for each 12-month period of incarceration.
            ``(2) Factors for consideration in assessing damages.--In 
        assessing damages in an action described in subsection (a), the 
        court shall consider--
                    ``(A) the circumstances surrounding the unjust 
                conviction of the plaintiff, including any misconduct 
                by officers or employees of the Federal Government;
                    ``(B) the length and conditions of the unjust 
                incarceration of the plaintiff; and
                    ``(C) the family circumstances, loss of wages, and 
                pain and suffering of the plaintiff.''.

SEC. 302. COMPENSATION IN STATE DEATH PENALTY CASES.

    (a) Criminal Justice Facility Construction Grant Program.--Section 
603(a) of title I of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3769b(a)) is amended--
            (1) in paragraph (5), by striking ``and'' at the end;
            (2) in paragraph (6), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(7) reasonable assurance that the applicant, or the State 
        in which the applicant is located--
                    ``(A) does not prescribe, authorize, or permit the 
                penalty of death for any offense; or
                    ``(B)(i) has established and maintains an effective 
                procedure by which any person unjustly convicted of an 
                offense against the State and sentenced to death may be 
                awarded reasonable damages upon substantial proof that 
                the person did not commit any of the acts with which 
                the person was charged; and
                    ``(ii)(I) the conviction of that person was 
                reversed or set aside on the ground that the person was 
                not guilty of the offense or offenses of which the 
                person was convicted;
                    ``(II) the person was found not guilty of such 
                offense or offenses on new trial or rehearing; or
                    ``(III) the person was pardoned upon the stated 
                ground of innocence and unjust conviction.''.
    (b) Effective Date.--The amendments made by this section shall 
apply with respect to any application submitted on or after the date 
that is 1 year after the date of enactment of this Act.

                   TITLE IV--MISCELLANEOUS PROVISIONS

SEC. 401. ACCOMMODATION OF STATE INTERESTS IN FEDERAL DEATH PENALTY 
              PROSECUTIONS.

    (a) Recognition of State Interests.--Chapter 228 of title 18, 
United States Code, is amended by adding at the end the following:
``Sec. 3599. Accommodation of State interests; certification 
              requirement
    ``(a) In General.--Notwithstanding any other provision of law, the 
Government shall not seek the death penalty in any case initially 
brought before a district court of the United States that sits in a 
State that does not prescribe, authorize, or permit the imposition of 
such penalty for the alleged conduct, except upon the certification in 
writing of the Attorney General or the designee of the Attorney General 
that--
            ``(1) the State does not have jurisdiction or refuses to 
        assume jurisdiction over the defendant with respect to the 
        alleged conduct;
            ``(2) the State has requested that the Federal Government 
        assume jurisdiction; or
            ``(3) the offense charged is an offense described in 
        section 32, 229, 351, 794, 1091, 1114, 1118, 1203, 1751, 1992, 
        2340A, or 2381, or chapter 113B.
    ``(b) ``State Defined.--In this section, the term `State' means 
each of the several States of the United States, the District of 
Columbia, and the territories and possessions of the United States.''.
    (b) Technical and Conforming Amendment.--The analysis for chapter 
228 of title 18, United States Code, is amended by adding at the end 
the following:

``3599. Accommodation of State interests; certification requirement.''.

SEC. 402. ALTERNATIVE OF LIFE IMPRISONMENT WITHOUT POSSIBILITY OF 
              RELEASE.

    Section 408(l) of the Controlled Substances Act (21 U.S.C. 848(l)), 
is amended by striking the first 2 sentences and inserting the 
following: ``Upon a recommendation under subsection (k) that the 
defendant should be sentenced to death or life imprisonment without 
possibility of release, the court shall sentence the defendant 
accordingly. Otherwise, the court shall impose any lesser sentence that 
is authorized by law.''.

SEC. 403. RIGHT TO AN INFORMED JURY.

    (a) Additional Requirements.--Section 20105 of the Violent Crime 
Control and Law Enforcement Act of 1994 (42 U.S.C. 13705) is amended by 
striking subsection (b) and inserting the following:
    ``(b) Additional Requirements.--To be eligible to receive a grant 
under section 20103 or 20104, a State shall provide assurances to the 
Attorney General that--
            ``(1) the State has implemented policies that provide for 
        the recognition of the rights and needs of crime victims; and
            ``(2) in any capital case in which the jury has a role in 
        determining the sentence imposed on the defendant, the court, 
        at the request of the defendant, shall inform the jury of all 
        statutorily authorized sentencing options in the particular 
        case, including applicable parole eligibility rules and 
        terms.''.
    (b) Effective Date.--The amendments made by this section shall 
apply with respect to any application for a grant under section 20103 
or 20104 of the Violent Crime Control and Law Enforcement Act of 1994 
(42 U.S.C. 13703; 13704) that is submitted on or after the date that is 
1 year after the date of enactment of this Act.

SEC. 404. ANNUAL REPORTS.

    (a) Report.--Not later than 2 years after the date of enactment of 
this Act, and annually thereafter, the Attorney General shall prepare 
and transmit to Congress a report concerning the administration of 
capital punishment laws by the Federal Government and the States.
    (b) Report Elements.--The report required under subsection (a) 
shall include substantially the same categories of information as are 
included in the Bureau of Justice Statistics Bulletin entitled 
``Capital Punishment 1998'' (December 1999, NCJ 179012), and the 
following additional categories of information:
            (1) The percentage of death-eligible cases in which a death 
        sentence is sought, and the percentage in which it is imposed.
            (2) The race of the defendants in death-eligible cases, 
        including death-eligible cases in which a death sentence is not 
        sought, and the race of the victims.
            (3) An analysis of the effect of Witherspoon v. Illinois, 
        391 U.S. 510 (1968), and its progeny, on the composition of 
        juries in capital cases, including the racial composition of 
        such juries, and on the exclusion of otherwise eligible and 
        available jurors from such cases.
            (4) An analysis of the effect of peremptory challenges, by 
        the prosecution and defense respectively, on the composition of 
        juries in capital cases, including the racial composition of 
        such juries, and on the exclusion of otherwise eligible and 
        available jurors from such cases.
            (5) The percentage of capital cases in which life without 
        parole is available as an alternative to a death sentence, and 
        the sentences imposed in such cases.
            (6) The percentage of capital cases in which life without 
        parole is not available as an alternative to a death sentence, 
        and the sentences imposed in such cases.
            (7) The percentage of capital cases in which counsel is 
        retained by the defendant, and the percentage in which counsel 
        is appointed by the court.
            (8) A comparative analysis of systems for appointing 
        counsel in capital cases in different States.
            (9) A State-by-State analysis of the rates of compensation 
        paid in capital cases to appointed counsel and their support 
        staffs.
            (10) The percentage of cases in which a death sentence or a 
        conviction underlying a death sentence is vacated, reversed, or 
        set aside, and the reasons therefore.
    (c) Public Disclosure.--The Attorney General or the Director of the 
Bureau of Justice Assistance, as appropriate, shall ensure that the 
reports referred to in subsection (a) are--
            (1) distributed to national print and broadcast media; and
            (2) posted on an Internet website maintained by the 
        Department of Justice.

SEC. 405. DISCRETIONARY APPELLATE REVIEW.

    Section 2254(c) of title 28, United States Code, is amended--
            (1) by inserting ``(1)'' after ``(c)''; and
            (2) by adding at the end the following:
    ``(2) For purposes of paragraph (1), if the highest court of a 
State has discretion to decline appellate review of a case or a claim, 
a petition asking that court to entertain a case or a claim is not an 
available State court procedure.''.

SEC. 406. SENSE OF THE SENATE REGARDING THE EXECUTION OF JUVENILE 
              OFFENDERS AND THE MENTALLY RETARDED.

    It is the sense of the Senate that the death penalty is 
disproportionate and offends contemporary standards of decency when 
applied to a person who is mentally retarded or who had not attained 
the age of 18 years at the time of the offense.
                                 <all>