I 
111TH CONGRESS 
1ST SESSION H. R. 3320 
To amend title 28, United States Code, to provide an exception to the 
requirement of motion to the court of appeals before filing certain second 
or subsequent petitions for habeas corpus, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 23, 2009 
Mr. MOORE of Kansas (for himself and Mr. PAYNE) introduced the following 
bill; which was referred to the Committee on the Judiciary 
A BILL 
To amend title 28, United States Code, to provide an excep-
tion to the requirement of motion to the court of appeals 
before filing certain second or subsequent petitions for 
habeas corpus, and for other purposes. 
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 ‘‘Justice for the Wrong-
fully Accused Act’’. 
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SEC. 2. EXCEPTION TO REQUIREMENT OF MOTION TO 
COURT OF APPEALS BEFORE FILING CER-
TAIN SECOND OR SUBSEQUENT PETITIONS 
FOR HABEAS CORPUS. 
Section 2244(b)(3) of title 28, United States Code, 
is amended— 
(1) in subparagraph (A), by striking ‘‘Before’’ 
and inserting ‘‘Except as otherwise provided by law, 
before’’; and 
(2) by adding at the end the following: 
‘‘(F) The requirement for a motion under 
subparagraph (A) does not apply if the second 
or subsequent application rests solely on a claim 
of actual innocence arising from— 
‘‘(i) newly discovered evidence from 
forensic testing; 
‘‘(ii) exculpatory evidence withheld 
from the defense at trial; or 
‘‘(iii) newly discovered accounts by 
credible witnesses who recant prior testi-
mony or establish improper action of State 
or Federal agents.’’. 
SEC. 3. EXHAUSTION OF REMEDIES. 
Section 2254(b) of title 28, United States Code, is 
amended— 
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(1) in paragraph (1)(A), by inserting ‘‘, unless 
exempted under paragraph (4),’’ after ‘‘has’’; and 
(2) by adding at the end the following: 
‘‘(4) If the application is based on a claim that 
the police or prosecution withheld exculpatory, im-
peachment, or other evidence favorable to the de-
fendant, the exhaustion requirement of paragraph 
(1)(A) does not apply.’’. 
SEC. 4. EVIDENTIARY HEARING. 
The final paragraph of section 2243 of title 28, 
United States Code, is amended by adding at the end the 
following: ‘‘If the applicant makes a credible proffer of evi-
dence supporting a claim of actual innocence based on one 
of the circumstances described in section 2244(b)(3)(F), 
the court shall hold an evidentiary hearing to determine 
the facts relating to the claim. If the proffer is based in 
whole or in part on a witness who testified at the peti-
tioner’s trial, the witness’ evidentiary hearing testimony 
is only admissible if it is a recantation or establishes im-
proper action of State agents. If the court determines the 
claim is without merit, the petitioner is barred from rais-
ing that claim in a successor petition.’’. 
Æ 
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