petition for certiorari before the Supreme Court ex-
cept as provided in paragraph (1); and
‘‘(3) during an additional period not to exceed
sixty days, if (A) a motion for an extension of time
is filed in the Federal district court that would have
proper jurisdiction over the case upon the filing of
a habeas corpus petition under section 2254; and
(B) a showing of good cause is made for the failure
to file the habeas corpus petition within the time pe-
riod established by this section.
‘‘§ 2259. Evidentiary hearings; scope of Federal re-
view; district court adjudication
‘‘(a) Whenever a State prisoner under a capital sen-
tence files a petition for habeas corpus relief to which this
chapter applies, the district court shall—
‘‘(1) determine the sufficiency of the record for
habeas corpus review based on the claims actually
presented and litigated in the State courts except
when the prisoner can show that the failure to raise
or develop a claim in the State courts is (A) the re-
sult of State action in violation of the Constitution
or laws of the United States; (B) the result of the
Supreme Court recognition of a new Federal right
that is retroactively applicable; or (C) based on a
factual predicate that could not have been discovered
through the exercise of reasonable diligence in time
to present the claim for State postconviction review;
and
‘‘(2) conduct any requested evidentiary hearing
necessary to complete the record for habeas corpus
review.
‘‘(b) Upon the development of a complete evidentiary
record, the district court shall rule on the claims that are
properly before it.
‘‘§ 2260. Certificate of probable cause inapplicable
‘‘The requirement of a certificate of probable cause
in order to appeal from the district court to the court of
appeals does not apply to habeas corpus cases subject to
the provisions of this chapter except when a second or suc-
cessive petition is filed.
‘‘§ 2261. Application to State unitary review proce-
dure
‘‘(a) For purposes of this section, a ‘unitary review’
procedure means a State procedure that authorizes a per-
son under sentence of death to raise, in the course of di-
rect review of the judgment, such claims as could be raised
on collateral attack. The provisions of this chapter shall
apply, as provided in this section, in relation to a State
unitary review procedure if the State establishes by rule
of its court of last resort or by statute a mechanism for
the appointment, compensation and payment of reasonable
litigation expenses of competent counsel in the unitary re-
view proceedings, including expenses relating to the litiga-
tion of collateral claims in the proceedings. The rule of
court or statute must provide standards of competency for
the appointment of such counsel.
‘‘(b) A unitary review procedure, to qualify under this
section, must include an offer of counsel following trial
for the purpose of representation on unitary review, and
entry of an order, as provided in section 2256(c), concern-
ing appointment of counsel or waiver or denial of appoint-
ment of counsel for that purpose. No counsel appointed
to represent the prisoner in the unitary review proceedings
shall have previously represented the prisoner at trial in
the case for which the appointment is made unless the
prisoner and counsel expressly request continued represen-
tation.
‘‘(c) Sections 2257, 2258, 2259, 2260, and 2262
shall apply in relation to cases involving a sentence of
death from any State having a unitary review procedure
that qualifies under this section. References to State ‘post-
conviction review’ and ‘direct review’ in those sections
shall be understood as referring to unitary review under
the State procedure. The references in sections 2257(a)
and 2258 to ‘an order under section 2256(c)’ shall be un-
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derstood as referring to the post-trial order under sub-
section (b) concerning representation in the unitary review
proceedings, but if a transcript of the trial proceedings
is unavailable at the time of the filing of such an order
in the appropriate State court, then the start of the one
hundred and eighty day limitation period under section
2258 shall be deferred until a transcript is made available
to the prisoner or his counsel.
‘‘§ 2262. Limitation periods for determining petitions
‘‘(a) The adjudication of any petition under section
2254 of title 28, United States Code, that is subject to
this chapter, and the adjudication of any motion under
section 2255 of title 28, United States Code, by a person
under sentence of death, shall be given priority by the dis-
trict court and by the court of appeals over all noncapital
matters. The adjudication of such a petition or motion
shall be subject to the following time limitations:
‘‘(1) A Federal district court shall determine
such a petition or motion within 180 days of filing.
‘‘(2)(A) The court of appeals shall hear and de-
termine any appeal relating to such a petition or
motion within 180 days after the notice of appeal is
filed.
‘‘(B) The court of appeals shall decide any ap-
plication for rehearing en banc within 30 days of the
101
filing of such application unless a responsive plead-
ing is required in which case the court of appeals
shall decide the application within 30 days of the fil-
ing of the responsive pleading. If en banc consider-
ation is granted, the en banc court shall determine
the appeal within 180 days of the decision to grant
such consideration.
‘‘(b) The time limitations under subsection (a) shall
apply to an initial petition or motion, and to any second
or successive petition or motion. The same limitations
shall also apply to the re-determination of a petition or
motion or related appeal following a remand by the court
of appeals or the Supreme Court for further proceedings,
and in such a case the limitation period shall run from
the date of the remand.
‘‘(c) The time limitations under this section shall not
be construed to entitle a petitioner or movant to a stay
of execution, to which the petitioner or movant would oth-
erwise not be entitled, for the purpose of litigating any
petition, motion, or appeal.
‘‘(d) The failure of a court to meet or comply with
the time limitations under this section shall not be a
ground for granting relief from a judgment of conviction
or sentence. The State or Government may enforce the
102
time limitations under this section by applying to the court
of appeals or the Supreme Court for a writ of mandamus.
‘‘(e) The Administrative Office of United States
Courts shall report annually to Congress on the compli-
ance by the courts with the time limits established in this
section.
‘‘§ 2263. Rule of construction
‘‘This chapter shall be construed to promote the expe-
ditious conduct and conclusion of State and Federal court
review in capital cases.’’.
(b) CLERICAL AMENDMENT.—The table of chapters
at the beginning of part VI of title 28, United States Code,
is amended by inserting after the item relating to chapter
153 the following new item:
‘‘154. Special Habeas Corpus Procedures in Capital cases 2256’’.
Subtitle C—Funding for Litigation
of Federal Habeas Corpus Peti-
tions in Capital Cases
SEC. 821. FUNDING FOR DEATH PENALTY PROSECUTIONS.
Part E of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is
amended by adding at the end the following new section:
‘‘SEC. 513. Notwithstanding any other provision of
this subpart, the Director shall provide grants to the
States, from the funding allocated pursuant to section
511, for the purpose of supporting litigation pertaining to
103
Federal habeas corpus petitions in capital cases. The total
funding available for such grants within any fiscal year
shall be equal to the funding provided to capital resource
centers, pursuant to Federal appropriation, in the same
fiscal year.’’.
TITLE IX—INCREASE PENALTIES
FOR JUVENILES
SEC. 901. PROSECUTION AS ADULTS OF VIOLENT JUVENILE
OFFENDERS.
Section 5032 of title 18, United States Code, is
amended by adding at the end the following new para-
graph:
‘‘Notwithstanding any other provision of this section
or any other law, a juvenile who was 13 years old or older
on the date of the commission of an offense under section
113(a), (b), or (c), 1111, 1113, 2111 or 2113 (if the juve-
nile was in possession of a firearm during the offense),
or 2241 (a) or (c) (if the juvenile was in possession of
a firearm during the offense) of this title shall be pros-
ecuted as an adult in Federal court. No juvenile pros-
ecuted as an adult under this paragraph shall be incarcer-
ated in an adult prison. If a juvenile prosecuted under this
paragraph is convicted, the juvenile shall be entitled to file
a petition for resentencing pursuant to applicable sentenc-
ing guidelines when he or she reaches the age of 16. The
104
United States Sentencing Commission shall promulgate
guidelines or amend existing guidelines, if necessary, to
carry out the purposes of this paragraph. For resentencing
determinations pursuant to subsection (b), the Commis-
sion may promulgate guidelines, if necessary, to permit
sentencing adjustments which may include adjustments
which provide for supervised releases, for defendants who
have clearly demonstrated an exceptional degree of respon-
sibility for the offense and a willingness and ability to re-
frain from future criminal conduct.’’.
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