[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2760 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 2760

  To limit and expedite Federal collateral review of convictions for 
                    killing a public safety officer.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 22, 2004

    Mr. Kyl (for himself, Mr. Hatch, Mr. Craig, Mr. Cornyn, and Mr. 
   Sessions) introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To limit and expedite Federal collateral review of convictions for 
                    killing a public safety officer.

    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 ``Public Safety Officers' Defense 
Act''.

SEC. 2. SUBSTANTIVE LIMITS.

     Section 2254 of title 28, United States Code, is amended by adding 
at the end the following:
    ``(j) Crimes Against Public Safety Officer.--
            ``(1) Definition of public safety officer.--In this 
        subsection, the term `public safety officer' has the meaning 
        given such term in section 1204 of the Omnibus Crime Control 
        and Safe Streets Act of 1968 (42 U.S.C. 3796b).
            ``(2) In general.--A court, justice, or judge shall not 
        have jurisdiction to consider any claim relating to the 
        judgment or sentence in an application described under 
        paragraph (3), unless the applicant shows that the claim 
        qualifies for consideration on the grounds described in 
        subsection (e)(2). Any such application that is presented to a 
        court, justice, or judge other than a district court shall be 
        transferred to the appropriate district court for consideration 
        or dismissal in conformity with this subsection, except that a 
        court of appeals panel must authorize any second or successive 
        application in conformity with section 2244 prior to any 
        consideration by the district court.
            ``(3) Application of subsection.--This subsection shall 
        apply to an application for a writ of habeas corpus on behalf 
        of a person in custody pursuant to the judgment of a State 
        court for a crime that involved the killing of a public safety 
        officer while the public safety officer was engaged in the 
        performance of official duties, or on account of the public 
        safety officer's performance of official duties.''.

SEC. 3. TIME LIMITS.

    Section 2254(j) of title 28, United States Code, as added by 
section 2 of this Act, is further amended by adding at the end the 
following:
            ``(4) Time limits in district court.--For any application 
        described under paragraph (3), in the district court the 
        following shall apply:
                    ``(A) Any motion by either party for an evidentiary 
                hearing shall be filed and served not later than 90 
                days after the State files its answer or, if no timely 
                answer is filed, the date on which such answer is due.
                    ``(B) Any motion for an evidentiary hearing shall 
                be granted or denied not later than 30 days after the 
                date on which the party opposing such motion files a 
                pleading in opposition to such motion or, if no timely 
                pleading in opposition is filed, the date on which such 
                pleading in opposition is due.
                    ``(C) Any evidentiary hearing shall be--
                            ``(i) convened not less than 60 days after 
                        the order granting such hearing; and
                            ``(ii) completed not more than 150 days 
                        after the order granting such hearing.
                    ``(D) A district court shall enter a final order, 
                granting or denying the application for a writ of 
                habeas corpus, not later than 15 months after the date 
                on which the State files its answer or, if no timely 
                answer is filed, the date on which such answer is due, 
                or not later than 60 days after the case is submitted 
                for decision, whichever is earlier.
                    ``(E) If the district court fails to comply with 
                the requirements of this paragraph, the State may 
                petition the court of appeals for a writ of mandamus to 
                enforce the requirements. The court of appeals shall 
                grant or deny the petition for a writ of mandamus not 
                later than 30 days after such petition is filed with 
                the court.
            ``(5) Time limits in court of appeals.--For any application 
        described under paragraph (3), in the court of appeals the 
        following shall apply:
                    ``(A) A timely filed notice of appeal from an order 
                issuing a writ of habeas corpus shall operate as a stay 
                of that order pending final disposition of the appeal.
                    ``(B) The court of appeals shall decide the appeal 
                from an order granting or denying a writ of habeas 
                corpus--
                            ``(i) not later than 120 days after the 
                        date on which the brief of the appellee is 
                        filed or, if no timely brief is filed, the date 
                        on which such brief is due; or
                            ``(ii) if a cross-appeal is filed, not 
                        later than 120 days after the date on which the 
                        appellant files a brief in response to the 
                        issues presented by the cross-appeal or, if no 
                        timely brief is filed, the date on which such 
                        brief is due.
                    ``(C)(i) Following a decision by a panel of the 
                court of appeals under subparagraph (B), a petition for 
                panel rehearing is not allowed, but rehearing by the 
                court of appeals en banc may be requested. The court of 
                appeals shall decide whether to grant a petition for 
                rehearing en banc not later than 30 days after the date 
                on which the petition is filed, unless a response is 
                required, in which case the court shall decide whether 
                to grant the petition not later than 30 days after the 
                date on which the response is filed or, if no timely 
                response is filed, the date on which the response is 
                due.
                    ``(ii) If rehearing en banc is granted, the court 
                of appeals shall make a final determination of the 
                appeal not later than 120 days after the date on which 
                the order granting rehearing en banc is entered.
                    ``(D) If the court of appeals fails to comply with 
                the requirements of this paragraph, the State may 
                petition the Supreme Court or a justice thereof for a 
                writ of mandamus to enforce the requirements.
            ``(6) Application of time limits.--
                    ``(A) In general.--The time limitations under 
                paragraphs (4) and (5) shall apply to an initial 
                application described under paragraph (3), any second 
                or successive application described under paragraph 
                (3), and any redetermination of an application 
                described under paragraph (3) or related appeal 
                following a remand by the court of appeals or the 
                Supreme Court for further proceedings.
                    ``(B) Remand in district court.--In proceedings 
                following remand in the district court, time limits 
                running from the time the State files its answer under 
                paragraph (4) shall run from the date the remand is 
                ordered if further briefing is not required in the 
                district court. If there is further briefing following 
                remand in the district court, such time limits shall 
                run from the date on which a responsive brief is filed 
                or, if no timely responsive brief is filed, the date on 
                which such brief is due.
                    ``(C) Remand in court of appeals.--In proceedings 
                following remand in the court of appeals, the time 
                limit specified in paragraph (5)(B) shall run from the 
                date the remand is ordered if further briefing is not 
                required in the court of appeals. If there is further 
                briefing in the court of appeals, the time limit 
                specified in paragraph (5)(B) shall run from the date 
                on which a responsive brief is filed or, if no timely 
                responsive brief is filed, from the date on which such 
                brief is due.
            ``(7) Failure to comply.--The failure of a court to meet or 
        comply with a time limitation under this subsection shall not 
        be a ground for granting relief from a judgment of conviction 
        or sentence, nor shall the time limitations under this 
        subsection be construed to entitle a capital applicant to a 
        stay of execution, to which the applicant would otherwise not 
        be entitled, for the purpose of litigating any application or 
        appeal.''.

SEC. 4. APPLICATION TO PENDING CASES.

    (a) In General.--The amendments made by this Act shall apply to 
cases pending on or after the date of enactment of this Act.
    (b) Time Limits.--In a case pending on the date of enactment of 
this Act, if the amendments made by this Act provide that a time limit 
runs from an event or time that has occurred prior to such date of 
enactment, the time limit shall run instead from such date of 
enactment.
                                 <all>