I 

116TH CONGRESS 

2D SESSION H. R. 7532 

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 

JULY 9, 2020 

Mr. JOHNSON of Georgia (for himself, Ms. CLARKE of New York, Mr. DANNY

K. DAVIS of Illinois, Mr. HASTINGS, Ms. JACKSON LEE, Ms. NORTON, 

Ms. SEWELL of Alabama, Mr. THOMPSON of Mississippi, Mrs. WATSON

COLEMAN, Mr. RASKIN, Mr. GARCI ́A of Illinois, Mr. KENNEDY, Ms. PINGREE, Ms. WILD, Mr. TRONE, Mr. MEEKS, Mr. CARSON of Indiana, Ms. 

LOFGREN, and Ms. SCHAKOWSKY) 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. CONFORMING AMENDMENTS RELATING TO SECOND 

19 AND SUCCESSIVE PETITIONS. 

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

21 28, United States Code, is amended— 

22 (1) in paragraph (1), by striking ‘‘A’’ and in23 serting ‘‘Except as provided in paragraph (5), a’’; 

24 and 

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


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

2 death without consideration of newly discovered evi3 dence which, in combination with the evidence pre4 sented at trial, could reasonably be expected to dem5 onstrate that the applicant is probably not guilty of 

6 the underlying offense may be presented in a second 

7 or successive habeas corpus application.’’. 

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

9 title 28, United States Code, is amended— 

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

11 (2) by striking the period at the end of para12 graph (2) and inserting ‘‘; or’’; and 

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

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

15 death without consideration of newly discovered evi16 dence which, in combination with the evidence pre17 sented at trial, could reasonably be expected to dem18 onstrate that the applicant is probably not guilty of 

19 the underlying offense.’’. 

Æ 


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