I
106TH CONGRESS
2D SESSION
H. R. 4162
To assure protection for the substantive due process rights of the innocent,
by providing a temporary moratorium on carrying out of the death
penalty to assure that persons able to prove their innocence are not
executed.
IN THE HOUSE OF REPRESENTATIVES
APRIL 4, 2000
Mr. JACKSON of Illinois (for himself, Mr. FATTAH, Ms. NORTON, Mr. BAR-
RETT of Wisconsin, Mr. CLAY, Mr. DAVIS of Illinois, Mr. FARR of Cali-
fornia, Ms. JACKSON-LEE of Texas, Mr. MEEKS of New York, Ms.
SCHAKOWSKY, and Ms. CARSON) introduced the following bill; which was
referred to the Committee on the Judiciary
A BILL
To assure protection for the substantive due process rights
of the innocent, by providing a temporary moratorium
on carrying out of the death penalty to assure that
persons able to prove their innocence are not executed.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Accuracy in Judicial
Administration Act of 2000’’.
SEC. 2. TEMPORARY MORATORIUM.
(a) IN GENERAL.—
(1) ESTABLISHMENT.—During the period set
forth in subsection (b) applicable to a governmental
authority of a State or the Federal Government,
that authority shall not carry out the penalty of
death.
(2) STANDARDS.—
(A) IN GENERAL.—The Attorney General
shall prescribe standards to provide over-
whelming confidence that innocent parties will
not suffer the death penalty.
(B) DISCOVERY.—Such standards shall in-
clude procedures to assure an effective oppor-
tunity for pretrial discovery by defendants of fo-
rensic evidence in the possession of the pros-
ecuting authority.
(C) POST
CONVICTION
PROCEDURES.—
Such standards shall include procedures to as-
sure that each individual convicted of a capital
offense has a full and fair opportunity—
(i) to produce any exculpatory DNA
or similar evidence which was not available
to that individual at the time of the trial
that resulted in the sentence of death; and
(ii) to obtain an effective judicial viti-
ation of the conviction and sentence of
death if the reviewing court determines
that evidence indicates a reasonable doubt
that the individual was guilty as convicted.
(b) PERIOD OF MORATORIUM.—The period referred
to in subsection (a) begins on the date of the enactment
of this Act and ends on the later of—
(1) 7 years after that date; or
(2)(A) in the case of a State authority, the date
on which a declaratory judgment with respect to the
State of which that authority is a governmental au-
thority is entered under subsection (c); and
(B) in the case of a Federal authority, the date
on which the Attorney General certifies to the public
that the Federal authority operates consistently with
the standards prescribed in subsection (a).
(c) DECLARATORY JUDGMENT.—In a civil action
commenced by a governmental authority of a State, an
appropriate United States district court may enter a de-
claratory judgment under subsection (b) ending the period
of moratorium for the relevant State if the court finds that
the State has established procedures consistent with the
standards prescribed by the Attorney General under sub-
section (a).
Æ