I 

118TH CONGRESS 

2D SESSION H. R. 9868 

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 

SEPTEMBER 27, 2024 

Mr. JOHNSON of Georgia (for himself, Ms. PINGREE, and Ms. NORTON) 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Effective Death Pen5 alty Appeals Act’’. 


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1 SEC. 2. CLARIFICATION OF THE AVAILABILITY OF FEDERAL 

2 HABEAS CORPUS RELIEF FOR A PERSON WHO 

3 IS SENTENCED TO DEATH THOUGH ACTU4 ALLY INNOCENT. 

5 Section 2254(d) of title 28, United States Code, is 

6 amended— 

7 (1) in paragraph (1), by striking ‘‘; or’’ and in8 serting a semicolon; 

9 (2) in paragraph (2), by striking the period and 

10 inserting ‘‘; or’’; and 

11 (3) by adding at the end the following: 

12 ‘‘(3) resulted in, or left in force, a sentence of 

13 death that was imposed without consideration of 

14 newly discovered evidence which, in combination 

15 with the evidence presented at trial, demonstrates 

16 that the applicant is probably not guilty of the un17 derlying offense.’’. 

18 SEC. 3. CLARIFICATION OF THE AVAILABILITY OF AN EVI19 DENTIARY HEARING. 

20 Section 2254(e)(2)(A) of title 28, United States 

21 Code, is amended— 

22 (1) in clause (i), by striking ‘‘or’’ at the end; 

23 (2) in clause (ii) by striking ‘‘and’’ at the end 

24 and inserting ‘‘or’’; and 

25 (3) by adding at the end the following: 


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1 ‘‘(iii) in the case of an applicant sen2 tenced to death, such failure was the result 

3 of ineffective assistance of postconviction 

4 counsel in a State that prohibits an inef5 fective assistance of counsel claim on direct 

6 appeal; and’’. 

7 SEC. 4. CONFORMING AMENDMENTS RELATING TO SECOND 

8 AND SUCCESSIVE PETITIONS. 

9 (a) STATE CONVICTIONS.—Section 2244(b) of title 

10 28, United States Code, is amended— 

11 (1) in paragraph (1), by striking ‘‘A’’ and in12 serting ‘‘Except as provided in paragraph (5), a’’; 

13 and 

14 (2) by adding at the end the following: 

15 ‘‘(5) A claim that an applicant was sentenced to 

16 death without consideration of newly discovered evi17 dence which, in combination with the evidence pre18 sented at trial, could reasonably be expected to dem19 onstrate that the applicant is probably not guilty of 

20 the underlying offense may be presented in a second 

21 or successive habeas corpus application.’’. 

22 (b) FEDERAL CONVICTIONS.—Section 2255(h) of 

23 title 28, United States Code, is amended— 

24 (1) in paragraph (1), by striking ‘‘or’’; 


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1 (2) by striking the period at the end of para2 graph (2) and inserting ‘‘; or’’; and 

3 (3) by adding at the end the following: 

4 ‘‘(3) a claim that an applicant was sentenced to 

5 death without consideration of newly discovered evi6 dence which, in combination with the evidence pre7 sented at trial, could reasonably be expected to dem8 onstrate that the applicant is probably not guilty of 

9 the underlying offense.’’. 

Æ 


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