I 
118TH CONGRESS 
2D SESSION 
H. R. 9868 
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 
SEPTEMBER 27, 2024 
Mr. JOHNSON of Georgia (for himself, Ms. PINGREE, and Ms. NORTON) intro-
duced the following bill; which was referred to the Committee on the Ju-
diciary 
A BILL 
To amend title 28, United States Code, to clarify the avail-
ability of Federal habeas corpus relief for a person who 
is sentenced to death though actually innocent. 
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 ‘‘Effective Death Pen-
alty Appeals Act’’. 
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SEC. 2. CLARIFICATION OF THE AVAILABILITY OF FEDERAL 
HABEAS CORPUS RELIEF FOR A PERSON WHO 
IS SENTENCED TO DEATH THOUGH ACTU-
ALLY INNOCENT. 
Section 2254(d) of title 28, United States Code, is 
amended— 
(1) in paragraph (1), by striking ‘‘; or’’ and in-
serting a semicolon; 
(2) in paragraph (2), by striking the period and 
inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(3) resulted in, or left in force, a sentence of 
death that was imposed without consideration of 
newly discovered evidence which, in combination 
with the evidence presented at trial, demonstrates 
that the applicant is probably not guilty of the un-
derlying offense.’’. 
SEC. 3. CLARIFICATION OF THE AVAILABILITY OF AN EVI-
DENTIARY HEARING. 
Section 2254(e)(2)(A) of title 28, United States 
Code, is amended— 
(1) in clause (i), by striking ‘‘or’’ at the end; 
(2) in clause (ii) by striking ‘‘and’’ at the end 
and inserting ‘‘or’’; and 
(3) by adding at the end the following: 
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‘‘(iii) in the case of an applicant sen-
tenced to death, such failure was the result 
of ineffective assistance of postconviction 
counsel in a State that prohibits an inef-
fective assistance of counsel claim on direct 
appeal; and’’. 
SEC. 4. CONFORMING AMENDMENTS RELATING TO SECOND 
AND SUCCESSIVE PETITIONS. 
(a) STATE CONVICTIONS.—Section 2244(b) of title 
28, United States Code, is amended— 
(1) in paragraph (1), by striking ‘‘A’’ and in-
serting ‘‘Except as provided in paragraph (5), a’’; 
and 
(2) by adding at the end the following: 
‘‘(5) A claim that an applicant was sentenced to 
death without consideration of newly discovered evi-
dence which, in combination with the evidence pre-
sented at trial, could reasonably be expected to dem-
onstrate that the applicant is probably not guilty of 
the underlying offense may be presented in a second 
or successive habeas corpus application.’’. 
(b) FEDERAL CONVICTIONS.—Section 2255(h) of 
title 28, United States Code, is amended— 
(1) in paragraph (1), by striking ‘‘or’’; 
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(2) by striking the period at the end of para-
graph (2) and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(3) a claim that an applicant was sentenced to 
death without consideration of newly discovered evi-
dence which, in combination with the evidence pre-
sented at trial, could reasonably be expected to dem-
onstrate that the applicant is probably not guilty of 
the underlying offense.’’. 
Æ 
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