I

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.

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 ‘‘Racial Justice Act of

5 1993’’.
2

HR 3329 IH

1 SEC. 2. PROHIBITION OF DEATH PENALTY IN DISPROPOR2 TIONATE PATTERN.

3 (a) IN GENERAL.—A government shall not impose or

4 carry out the penalty of death in criminal cases in a ra5 cially disproportionate pattern. An individual shall not be

6 put to death in execution of a death sentence imposed

7 under law administered in violation of this subsection.

8 (b) DISPROPORTIONATE PATTERN.—For purposes of

9 subsection (a), a racially disproportionate pattern occurs

10 when the penalty of death is imposed—

11 (1) more frequently upon persons of one race

12 than upon persons of other races convicted of crimes

13 for which such penalty may be imposed; or

14 (2) more frequently as punishment for crimes

15 against persons of one race than as punishment for

16 crimes against persons of another race;

17 and the greater frequency is not explained by relevant

18 nonracial circumstances.

19 SEC. 3. PROOF REQUIREMENTS.

20 (a) ESTABLISHING PATTERN.—To establish that a

21 racially disproportionate pattern exists for the purposes of

22 this Act—

23 (1) ordinary methods of statistical proof suffice;

24 and
3

HR 3329 IH

1 (2) it shall not be necessary to show discrimina2 tory motive, intent, or purpose on the part of any in3 dividual or institution.

4 (b) PRIMA FACIE CASE.—To establish a prima facie

5 showing that a racially disproportionate pattern exists for

6 purposes of this Act, it suffices to show that death sen7 tences are being imposed or executed—

8 (1) upon persons of one race with a frequency

9 that is disproportioned to their representation

10 among the total numbers of persons arrested for,

11 charged with, or convicted of, death eligible crimes;

12 or

13 (2) as punishment for crimes against persons of

14 one race with a frequency that is disproportioned to

15 their representation among the numbers of persons

16 against whom death eligible crimes have been the

17 subject of arrests, charges, or convictions.

18 (c) REBUTTAL OF PRIMA FACIE CASE.—To rebut a

19 prima facie showing of a racially disproportionate pattern,

20 a government must establish by clear and convincing evi21 dence that identifiable and pertinent nondiscriminatory

22 factors persuasively explain the observable racial dispari23 ties comprising the disproportion.
4

HR 3329 IH

1 SEC. 4. DATA ON DEATH PENALTY CASES.

2 (a) DESIGNATION OF CENTRAL AGENCY.—Any State

3 or Federal entity that provides by law for death to be im4 posed as a punishment for any crime shall designate a

5 central agency to collect and maintain pertinent data on

6 the charging, disposition, and sentencing patterns for all

7 cases of death-eligible crimes.

8 (b) FORM FOR DATA.—The central agency so des9 ignated shall devise and distribute to every local official

10 or agency responsible for the investigation or prosecution

11 of death-eligible crimes a standard form to collect perti12 nent data.

13 (c) PREPARATION OF DATA BY LOCAL OFFICIALS.—

14 Each local official responsible for the investigation or pros15 ecution of death-eligible crimes shall complete a standard

16 form on every case of death-eligible crime and shall trans17 mit it to the central agency no later than three months

18 after the disposition of each such case whether that dis19 position is by dismissal of charges, reduction of charges,

20 acceptance of a plea of guilty to the death-eligible crime

21 or to another crime, acquittal, conviction, or any decision

22 not to proceed with prosecution.

23 (d) POLICE AND INVESTIGATIVE REPORT.—In addi24 tion to the standard form, the local official or agency shall

25 transmit to the central agency one copy of all police and
5

HR 3329 IH

1 investigative reports made in connection with each case

2 of death-eligible crime.

3 (e) OTHER DUTIES OF CENTRAL AGENCY.—The

4 central agency shall affirmatively monitor compliance with

5 this section by local officials and agencies. It shall main6 tain all standard forms, compile and index all information

7 contained in the forms, and make both the forms and the

8 compiled information publicly available. The compiled in9 formation shall be made publicly available in machine

10 readable form. The central agency shall also maintain a

11 centralized, alphabetically indexed file of all police and in12 vestigative reports transmitted to it by local officials or

13 agencies in every case of death-eligible crime. It shall allow

14 access to its file of police and investigative reports to coun15 sel of record for any person charged with any death-eligi16 ble crime or sentenced to death who has made, or intends

17 to make, a claim under section 2; and it may also allow

18 access to this file to other persons.

19 SEC. 5. LEGAL COUNSEL.

20 (a) REQUIREMENT.—In any action brought in a court

21 of the United States within the jurisdiction conferred by

22 sections 2241, 2254, or 2255 of title 28, United States

23 Code, in which any person raises a claim under section

24 2—
6

HR 3329 IH

1 (1) the court shall appoint counsel for any such

2 person who is financially unable to retain counsel;

3 and

4 (2) the court shall furnish investigative, expert

5 or other services necessary for the adequate develop6 ment of the claim to any such person who is finan7 cially unable to obtain such services.

8 (b) NONAPPLICATION OF PRESUMPTION OF COR9 RECTNESS.—Notwithstanding section 2254 of title 28,

10 United States Code, no determination on the merits of a

11 factual issue made by a State court pertinent to any claim

12 under section 2 shall be presumed to be correct unless—

13 (1) the State is in compliance with section 4;

14 (2) the determination was made in a proceeding

15 in a State court in which the person asserting the

16 claim was afforded rights to the appointment of

17 counsel and to the furnishing of investigative, ex18 pert, and other services necessary for the adequate

19 development of the claim which were substantially

20 equivalent to those provided by subsection (a); and

21 (3) the determination is one which is otherwise

22 entitled to be presumed to be correct under the cri23 teria specified in section 2254.

24 SEC. 6. DEFINITIONS.

25 As used in this Act—
7

HR 3329 IH

1 (1) the term ‘‘pertinent data’’ means the data

2 to be collected in the standard form as designated

3 by the central agency. Such term includes, at a min4 imum—

5 (A) pertinent demographic information on

6 all persons charged with the crime and all vic7 tims (including race, sex, age, and national ori8 gin);

9 (B) information on the principal features

10 of the crime;

11 (C) information on the aggravating and

12 mitigating factors of the crime, and on the

13 background and character of every person

14 charged with the crime; and

15 (D) a narrative summary of the crime;

16 (2) the term ‘‘case of death-eligible crime’’

17 means a case in which the complaint, indictment, in18 formation, or any other initial or later charging

19 paper charges any person with a crime for which the

20 punishment of death is authorized to be imposed

21 under any circumstances upon conviction.

22 SEC. 7. CLAIMS BEFORE ENACTMENT NOT BARRED.

23 A person is not barred from raising a claim under

24 section 2 on the ground of having failed to raise or to

25 prosecute the same or a similar claim before the date of
8

HR 3329 IH

1 enactment of this Act, not by reason of any adjudication

2 before this date.

Æ