[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3986 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3986

 To amend title 28, United States Code, to clarify the availability of 
  Federal habeas corpus relief for a person who is sentenced to death 
                       though actually innocent.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 3, 2009

   Mr. Johnson of Georgia (for himself, Mr. Nadler of New York, Mr. 
 Conyers, Mr. Scott of Virginia, Mr. Weiner, Mr. Lewis of Georgia, and 
  Ms. Jackson-Lee of Texas) introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend title 28, United States Code, to clarify the availability of 
  Federal habeas corpus relief for a person who is sentenced to death 
                       though actually innocent.

    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 ``Effective Death Penalty Appeals 
Act''.

SEC. 2. CLARIFICATION OF THE AVAILABILITY OF FEDERAL HABEAS CORPUS 
              RELIEF FOR A PERSON WHO IS SENTENCED TO DEATH THOUGH 
              ACTUALLY INNOCENT.

    Section 2254(d) of title 28, United States Code, is amended--
            (1) in paragraph (1), by striking ``; or'' and inserting a 
        semicolon;
            (2) in paragraph (2), by striking the period and inserting 
        ``; or''; and
            (3) by adding at the end the following:
            ``(3) resulted in, or left in force, a sentence of death 
        that was imposed without consideration of newly discovered 
        evidence which, in combination with the evidence presented at 
        trial, demonstrates that the applicant is probably not guilty 
        of the underlying offense.''.

SEC. 3. CONFORMING AMENDMENTS RELATING TO SECOND AND SUCCESSIVE 
              PETITIONS.

    (a) State Convictions.--Section 2244(b) of title 28, United States 
Code, is amended--
            (1) in paragraph (1), by striking ``A'' and inserting 
        ``Except as provided in paragraph (5), a'';
            (2) by adding at the end the following:
            ``(5) A claim that an applicant was sentenced to death 
        without consideration of newly discovered evidence which, in 
        combination with the evidence presented at trial, could 
        reasonably be expected to demonstrate that the applicant is 
        probably not guilty of the underlying offense may be presented 
        in a second or successive habeas corpus application.''.
    (b) Federal Convictions.--Section 2255(h) of title 28, United 
States Code, is amended--
            (1) in paragraph (1), by striking ``or'';
            (2) by striking the period at the end of paragraph (2) and 
        inserting ``; or''; and
            (3) by adding at the end the following:
            ``(3) a claim that an applicant was sentenced to death 
        without consideration of newly discovered evidence which, in 
        combination with the evidence presented at trial, could 
        reasonably be expected to demonstrate that the applicant is 
        probably not guilty of the underlying offense.''.
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