[Congressional Record Volume 141, Number 27 (Friday, February 10, 1995)]
[Extensions of Remarks]
[Pages E320-E321]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                  EFFECTIVE DEATH PENALTY ACT OF 1995

                                 ______


                               speech of

                           HON. HENRY BONILLA

                                of texas

                    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. BONILLA. Mr. Chairman, I rise today in support of H.R. 729, the 
Effective Death Penalty Act. I join all Americans in urging my 
colleagues to support this measure, which is common-sense reform. For 
capital punishment to be an effective deterrent to criminals it must be 
enforced swiftly and consistently. Presently, it takes years for the 
courts and defense attorneys to act upon rulings of the lower courts. 
This is unacceptable and change is long overdue.
  The essence of our criminal justice system is justice. A system of 
appeals is imperative to ensure that the rights of the accused are not 
violated in any manner. However, this Nation's appellate system is 
absurdly slow, complicated, and overwhelmingly redundant. H.R. 729 will 
place necessary limits on habeas corpus appeals, and thus limit the 
number of appeals and time permitted for the entire process.
  Mr. Chairman, violent crime in America continues to increase, and the 
Federal response has been minimal. This bill would establish a 1-year 
limitation for filing habeas corpus appeals of State court convictions. 
Additionally, this bill will limit stays of execution for inmates who 
have not filed for appeal in a timely manner. Most importantly, Mr. 
Chairman, H.R. 729 would impose a 60-day deadline for Federal district 
courts to rule on a habeas corpus petition, and calls for a 90-day 
deadline for Federal district court decisions. This is precisely what 
is needed to streamline the appellate system, while ensuring that the 
appropriate safeguards are maintained.
  [[Page E321]] Under current laws, there are practically no limits or 
restrictions on filing habeas corpus appeals. It is about time that the 
Government end the continued filing of dilatory appeals that have no 
merit or evidence to establish a need to address the offender's 
confinement or execution. The American people are sick and tired of 
convicted violent felons using this process to delay justice. Moreover, 
such a provision will help relieve the ever increasing crowding of 
Federal court dockets across the Nation.
  Mr. Chairman, I also rise in support of provisions that provide 
funding for States to defend convictions obtained in State courts. The 
Federal Government currently provides funding for defense actions on 
behalf of convicted death row offenders. I strongly support measures to 
provide similar funding for States defending their right to sentence 
convicted felons to death.
  Mr. Chairman, this reform has been necessary for quite some time. I 
urge my colleagues to support H.R. 729, which will help this country 
serve justice.


                          ____________________