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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3329 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 3329

To assure due process and equal protection of the law by permitting the 
use of statistical and other evidence to challenge the death penalty on 
the grounds of disproportionate patterns of imposition with respect to 
   racial groups, to prohibit such patterns, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 21, 1993

 Mr. Conyers introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
To assure due process and equal protection of the law by permitting the 
use of statistical and other evidence to challenge the death penalty on 
the grounds of disproportionate patterns of imposition with respect to 
   racial groups, to prohibit such patterns, and for other purposes.

    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 ``Racial Justice Act of 1993''.

SEC. 2. PROHIBITION OF DEATH PENALTY IN DISPROPORTIONATE PATTERN.

    (a) In General.--A government shall not impose or carry out the 
penalty of death in criminal cases in a racially disproportionate 
pattern. An individual shall not be put to death in execution of a 
death sentence imposed under law administered in violation of this 
subsection.
    (b) Disproportionate Pattern.--For purposes of subsection (a), a 
racially disproportionate pattern occurs when the penalty of death is 
imposed--
            (1) more frequently upon persons of one race than upon 
        persons of other races convicted of crimes for which such 
        penalty may be imposed; or
            (2) more frequently as punishment for crimes against 
        persons of one race than as punishment for crimes against 
        persons of another race;
and the greater frequency is not explained by relevant nonracial 
circumstances.

SEC. 3. PROOF REQUIREMENTS.

    (a) Establishing Pattern.--To establish that a racially 
disproportionate pattern exists for the purposes of this Act--
            (1) ordinary methods of statistical proof suffice; and
            (2) it shall not be necessary to show discriminatory 
        motive, intent, or purpose on the part of any individual or 
        institution.
    (b) Prima Facie Case.--To establish a prima facie showing that a 
racially disproportionate pattern exists for purposes of this Act, it 
suffices to show that death sentences are being imposed or executed--
            (1) upon persons of one race with a frequency that is 
        disproportioned to their representation among the total numbers 
        of persons arrested for, charged with, or convicted of, death 
        eligible crimes; or
            (2) as punishment for crimes against persons of one race 
        with a frequency that is disproportioned to their 
        representation among the numbers of persons against whom death 
        eligible crimes have been the subject of arrests, charges, or 
        convictions.
    (c) Rebuttal of Prima Facie Case.--To rebut a prima facie showing 
of a racially disproportionate pattern, a government must establish by 
clear and convincing evidence that identifiable and pertinent 
nondiscriminatory factors persuasively explain the observable racial 
disparities comprising the disproportion.

SEC. 4. DATA ON DEATH PENALTY CASES.

    (a) Designation of Central Agency.--Any State or Federal entity 
that provides by law for death to be imposed as a punishment for any 
crime shall designate a central agency to collect and maintain 
pertinent data on the charging, disposition, and sentencing patterns 
for all cases of death-eligible crimes.
    (b) Form for Data.--The central agency so designated shall devise 
and distribute to every local official or agency responsible for the 
investigation or prosecution of death-eligible crimes a standard form 
to collect pertinent data.
    (c) Preparation of Data by Local Officials.--Each local official 
responsible for the investigation or prosecution of death-eligible 
crimes shall complete a standard form on every case of death-eligible 
crime and shall transmit it to the central agency no later than three 
months after the disposition of each such case whether that disposition 
is by dismissal of charges, reduction of charges, acceptance of a plea 
of guilty to the death-eligible crime or to another crime, acquittal, 
conviction, or any decision not to proceed with prosecution.
    (d) Police and Investigative Report.--In addition to the standard 
form, the local official or agency shall transmit to the central agency 
one copy of all police and investigative reports made in connection 
with each case of death-eligible crime.
    (e) Other Duties of Central Agency.--The central agency shall 
affirmatively monitor compliance with this section by local officials 
and agencies. It shall maintain all standard forms, compile and index 
all information contained in the forms, and make both the forms and the 
compiled information publicly available. The compiled information shall 
be made publicly available in machine readable form. The central agency 
shall also maintain a centralized, alphabetically indexed file of all 
police and investigative reports transmitted to it by local officials 
or agencies in every case of death-eligible crime. It shall allow 
access to its file of police and investigative reports to counsel of 
record for any person charged with any death-eligible crime or 
sentenced to death who has made, or intends to make, a claim under 
section 2; and it may also allow access to this file to other persons.

SEC. 5. LEGAL COUNSEL.

    (a) Requirement.--In any action brought in a court of the United 
States within the jurisdiction conferred by sections 2241, 2254, or 
2255 of title 28, United States Code, in which any person raises a 
claim under section 2--
            (1) the court shall appoint counsel for any such person who 
        is financially unable to retain counsel; and
            (2) the court shall furnish investigative, expert or other 
        services necessary for the adequate development of the claim to 
        any such person who is financially unable to obtain such 
        services.
    (b) Nonapplication of Presumption of Correctness.--Notwithstanding 
section 2254 of title 28, United States Code, no determination on the 
merits of a factual issue made by a State court pertinent to any claim 
under section 2 shall be presumed to be correct unless--
            (1) the State is in compliance with section 4;
            (2) the determination was made in a proceeding in a State 
        court in which the person asserting the claim was afforded 
        rights to the appointment of counsel and to the furnishing of 
        investigative, expert, and other services necessary for the 
        adequate development of the claim which were substantially 
        equivalent to those provided by subsection (a); and
            (3) the determination is one which is otherwise entitled to 
        be presumed to be correct under the criteria specified in 
        section 2254.

SEC. 6. DEFINITIONS.

    As used in this Act--
            (1) the term ``pertinent data'' means the data to be 
        collected in the standard form as designated by the central 
        agency. Such term includes, at a minimum--
                    (A) pertinent demographic information on all 
                persons charged with the crime and all victims 
                (including race, sex, age, and national origin);
                    (B) information on the principal features of the 
                crime;
                    (C) information on the aggravating and mitigating 
                factors of the crime, and on the background and 
                character of every person charged with the crime; and
                    (D) a narrative summary of the crime;
            (2) the term ``case of death-eligible crime'' means a case 
        in which the complaint, indictment, information, or any other 
        initial or later charging paper charges any person with a crime 
        for which the punishment of death is authorized to be imposed 
        under any circumstances upon conviction.

SEC. 7. CLAIMS BEFORE ENACTMENT NOT BARRED.

    A person is not barred from raising a claim under section 2 on the 
ground of having failed to raise or to prosecute the same or a similar 
claim before the date of enactment of this Act, not by reason of any 
adjudication before this date.

                                 <all>
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