Union Calendar No. 252

103D CONGRESS

2D SESSION H. R. 4017

[Report No. 103–458]

A BILL

To amend title 28, United States Code, to prevent

racially discriminatory capital sentencing.

MARCH 24, 1994

Committed to the Committee of the Whole House on the

State of the Union and ordered to be printed
IB

Union Calendar No. 252

103D CONGRESS

2D SESSION H. R. 4017

[Report No. 103–458]

To amend title 28, United States Code, to prevent racially discriminatory

capital sentencing.

IN THE HOUSE OF REPRESENTATIVES

MARCH 11, 1994

Mr. EDWARDS of California introduced the following bill; which was referred

to the Committee on the Judiciary

MARCH 24, 1994

Committed to the Committee of the Whole House on the State of the Union

and ordered to be printed

A BILL

To amend title 28, United States Code, to prevent racially

discriminatory capital sentencing.

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’’.
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1 SEC. 2. AMENDMENT TO TITLE 28.

2 (a) PROCEDURE.—Part VI of title 28, United States

3 Code, is amended by adding at the end thereof the follow4 ing new chapter:

5 ‘‘CHAPTER 177—RACIALLY

6 DISCRIMINATORY CAPITAL SENTENCING

‘‘Sec.

‘‘2921. Prohibition against the execution of a sentence of death imposed on the

basis of race.

‘‘2922. Access to data on death eligible cases.

‘‘2923. Enforcement of the chapter.

‘‘2924. Construction of chapter.

7 ‘‘§ 2921. Prohibition against the execution of a sen8 tence of death imposed on the basis of

9 race

10 ‘‘(a) IN GENERAL.—No person shall be put to death

11 under color of State or Federal law in the execution of

12 a sentence that was imposed based on race.

13 ‘‘(b) INFERENCE OF RACE AS THE BASIS OF DEATH

14 SENTENCE.—An inference that race was the basis of a

15 death sentence is established if valid evidence is presented

16 demonstrating that, at the time the death sentence was

17 imposed, race was a statistically significant factor in deci18 sions to seek or to impose the sentence of death in the

19 jurisdiction in question.

20 ‘‘(c) RELEVANT EVIDENCE.—Evidence relevant to es21 tablish an inference that race was the basis of a death

22 sentence may include evidence that death sentences were,
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1 at the time pertinent under subsection (b), being imposed

2 significantly more frequently in the jurisdiction in ques3 tion—

4 ‘‘(1) upon persons of one race than upon per5 sons of another race; or

6 ‘‘(2) as punishment for capital offenses against

7 persons of one race than as punishment for capital

8 offenses against persons of another race.

9 ‘‘(d) VALIDITY OF EVIDENCE PRESENTED TO ES10 TABLISH AN INFERENCE.—If statistical evidence is pre11 sented to establish an inference that race was the basis

12 of a sentence of death, the court shall determine the valid13 ity of the evidence and if it provides a basis for the infer14 ence. Such evidence must take into account, to the extent

15 it is compiled and publicly made available, evidence of the

16 statutory aggravating factors of the crimes involved, and

17 shall include comparisons of similar cases involving per18 sons of different races.

19 ‘‘(e) REBUTTAL.—If an inference that race was the

20 basis of a death sentence is established under subsection

21 (b), the death sentence may not be carried out unless the

22 government rebuts the inference by a preponderance of the

23 evidence. Unless it can show that the death penalty was

24 sought in all cases fitting the statutory criteria for imposi25 tion of the death penalty, the government cannot rely on
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1 mere assertions that it did not intend to discriminate or

2 that the cases in which death was imposed fit the statutory

3 criteria for imposition of the death penalty.

4 ‘‘§ 2922. Access to data on death eligible cases

5 ‘‘Data collected by public officials concerning factors

6 relevant to the imposition of the death sentence shall be

7 made publicly available.

8 ‘‘§ 2923. Enforcement of the chapter

9 ‘‘In any proceeding brought under section 2254, the

10 evidence supporting a claim under this chapter may be

11 presented in an evidentiary hearing and need not be set

12 forth in the petition. Notwithstanding section 2254, no de13 termination on the merits of a factual issue made by a

14 State court pertinent to any claim under section 2921

15 shall be presumed to be correct unless—

16 ‘‘(1) the State is in compliance with section

17 2922;

18 ‘‘(2) the determination was made in a proceed19 ing in a State court in which the person asserting

20 the claim was afforded rights to the appointment of

21 counsel and to the furnishing of investigative, expert

22 and other services necessary for the adequate devel23 opment of the claim; and
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1 ‘‘(3) the determination is one which is otherwise

2 entitled to be presumed to be correct under the cri3 teria specified in section 2254.

4 ‘‘§ 2924. Construction of chapter

5 ‘‘Nothing contained in this chapter shall be construed

6 to affect in one way or the other the lawfulness of any

7 sentence of death that does not violate section 2921.’’.

8 (b) AMENDMENT TO TABLE OF CHAPTERS.—The

9 table of chapters of part VI of title 28, United States

10 Code, is amended by adding at the end thereof the follow11 ing new item:

‘‘177. Racially Discriminatory Capital Sentencing ............... 2921.’’.

12 SEC. 3. ACTIONS BEFORE ENACTMENT.

13 No person shall be barred from raising any claim

14 under section 2921 of title 28, United States Code, as

15 added by this Act, on the ground of having failed to raise

16 or to prosecute the same or a similar claim before the en17 actment of the Act, nor by reason of any adjudication ren18 dered before that enactment.