[Congressional Record Volume 141, Number 26 (Thursday, February 9, 1995)]
[Extensions of Remarks]
[Pages E307-E308]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                  EFFECTIVE DEATH PENALTY ACT OF 1995

                                 ______


                               speech of

                     HON. RANDY ``DUKE'' CUNNINGHAM

                             of california

                    in the house of representatives

                       Wednesday, February 8, 1995

       The House in Committee of the Whole House on the State of 
     the Union had under consideration the bill (H.R. 729) to 
     control crime by a more effective death penalty.

  Mr. CUNNINGHAM. Mr. Chairman, I rise in strong support of H.R. 729, 
the Effective Death Penalty Act. This legislation is long overdue. I am 
pleased that the House has moved so quickly to bring it to the floor.
  [[Page E308]] A majority of Americans believes that certain crimes 
are so vicious and heinous that capital punishment is appropriate. Most 
of the States have enacted laws to conform with the Supreme Court's 
opinion on when capital punishment is constitutional.
  In August 1989, a commission chaired by Justice Powell concluded that 
the Federal habeas corpus process ``has led to piecemeal and 
repetitious litigation,'' ``years of delay between sentencing and 
judicial resolution,'' and an ``undermining of public confidence in our 
criminal justice system.''
  But the efforts of the States and the Congress to make capital 
punishment more than a paper tiger have been frustrated by endless 
habeas corpus appeals by prisoners on death row. The bill before us 
changes laws affecting the death penalty in an effort to crate 
consistent and fair procedures for its application and to streamline 
the appeals process.
  Our current system doesn't work. There are endless and often 
frivolous appeals, with few limits on prisoners raising the same issues 
repeatedly. Today, prisoners on death row can appeal whenever there is 
a change in the law or a new Supreme Court ruling. This endless 
litigation costs the taxpayers millions of dollars and more 
importantly, denies justice to the victims of crime.
  H.R. 729 establishes strict, but fair limits on appeals. It creates a 
1-year limitation period for filing a Federal habeas corpus petition 
contesting a State court conviction and a 2-year limitation period for 
a Federal conviction. The bill outlines special habeas corpus 
procedures that States may adopt for capital cases and limits the 
granting of stays when prisoners have failed to file a timely appeal. 
The bill also directs the courts to accelerate the process, by imposing 
a 60-day deadline for Federal district courts to decide a habeas corpus 
petition and a 90-day deadline for appeals courts to decide an appeal. 
Finally, in keeping with this Congress' commitment to stop passing 
mandates on the States, H.R. 729 will help States pay for the costs of 
defending their convictions against habeas corpus claims in capital 
cases.
  Mr. Chairman, this legislation is in line with the 1991 ruling of the 
Supreme Court that death row prisoners may file only one habeas corpus 
petition in Federal court unless there is a sound reason why any new 
constitutional claim was not raised the first time.
  I note that the California District Attorneys Association unanimously 
adopted a resolution in support of H.R. 729, calling it a significant 
step in the right direction.
  Let us heed the advice of those who know best--the district 
attorneys, the Powell Commission, and leading constitutional experts. 
Lets pass H.R. 729 and enact meaningful capital punishment reform.


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