I 
104TH CONGRESS 
1ST SESSION 
H. R. 3 
To control crime. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 4, 1995 
Mr. MCCOLLUM, Mr. CANADY, Mr. BARR, and Mr. BREWSTER (for them-
selves, Mr. ALLARD, Mr. ARMEY, Mr. BACHUS, Mr. BAKER of California, 
Mr. BALLENGER, Mr. BARTLETT of Maryland, Mr. BARTON of Texas, 
Mr. BILIRAKIS, Mr. BLILEY, Mr. BLUTE, Mr. BONO, Mr. BUNNING of 
Kentucky, Mr. BURR, Mr. CALLAHAN, Mr. CALVERT, Mr. CAMP, Mr. 
CHRISTENSEN, Mr. CHRYSLER, Mr. CLINGER, Mr. COBURN, Mr. 
COOLEY, Mr. CREMEANS, Mrs. CUBIN, Mr. DAVIS, Mr. DOOLITTLE, Mr. 
DORNAN, Ms. DUNN, Mr. ENGLISH of Pennsylvania, Mr. EMERSON, Mr. 
EWING, Mr. EVERETT, Mr. FLANAGAN, Mr. FOLEY, Mr. FORBES, Mrs. 
FOWLER, Mr. FOX, Mr. FRISA, Mr. GANSKE, Mr. GILCHREST, Mr. GIL-
MAN, Mr. GOODLATTE, Mr. GORDON, Mr. GOSS, Mr. GREENWOOD, Mr. 
HANCOCK, 
Mr. 
HASTERT, 
Mr. 
HASTINGS
of 
Washington, 
Mr. 
HAYWORTH, Mr. HEINEMAN, Mr. HERGER, Mr. HILLEARY, Mr. HOBSON, 
Mr. HOKE, Mr. HOSTETTLER, Mr. HUTCHINSON, Mr. INGLIS of South 
Carolina, Mr. ISTOOK, Mr. JONES, Mr. KIM, Mr. KINGSTON, Mr. 
KNOLLENBERG, Mr. LAHOOD, Mr. LARGENT, Mr. LATHAM, Mr. 
LATOURETTE, Mr. LEWIS of Kentucky, Mr. LIGHTFOOT, Mr. LINDER, 
Mr. MCHUGH, Mr. MCINTOSH, Mr. MICA, Mr. MILLER of Florida, Ms. 
MOLINARI, Mrs. MYRICK, Mr. NUSSLE, Mr. OXLEY, Mr. PACKARD, Mr. 
POMBO, Mr. QUINN, Mr. RADANOVICH, Mr. RIGGS, Mr. ROHRABACHER, 
Mr. ROTH, Mr. ROYCE, Mr. SAXTON, Mr. SENSENBRENNER, Mr. SHAD-
EGG, Mr. SHAW, Mr. SMITH of Michigan, Mr. SMITH of Texas, Mr. SOL-
OMON, Mr. STEARNS, Mr. STOCKMAN, Mr. STUMP, Mr. TATE, Mr. TAY-
LOR of North Carolina, Mr. THORNBERRY, Mr. TIAHRT, Mrs. WALD-
HOLTZ, Mr. WAMP, Mr. WELDON of Pennsylvania, Mr. WELLER, Mr. 
WICKER, Mr. ZIMMER, Mr. CRAPO, Mr. KOLBE, Mr. PAXON, Mr. YOUNG 
of Florida, Mr. WELDON of Florida, Mr. COMBEST, Mr. COBLE, Mr. 
EHRLICH, Mrs. MEYERS of Kansas, and Mr. HUNTER) introduced the 
following bill; which was referred to the Committee on the Judiciary 
FEBRUARY 7, 1995 
Additional sponsors: Mr. NORWOOD, Mr. BURTON of Indiana, Mr. MOOR-
HEAD, Mr. CUNNINGHAM, Mrs. VUCANOVICH, Mr. WALKER, Mr. SAM 
JOHNSON of Texas, Mr. CONDIT, Mr. COLLINS of Georgia, Mr. ROBERTS, 
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Mr. BRYANT of Tennessee, Mr. TALENT, and Mr. PETERSON of Min-
nesota 
A BILL 
To control crime. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Taking Back Our Streets Act of 1995’’. 
(b) TABLE OF CONTENTS.—The table of contents is 
as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—EFFECTIVE DEATH PENALTY 
Subtitle A—Habeas Corpus Reform 
CHAPTER 1—POST CONVICTION PETITIONS: GENERAL HABEAS CORPUS 
REFORM 
Sec. 101. Period of limitation for filing writ of habeas corpus following final 
judgment of a State court. 
Sec. 102. Authority of appellate judges to issue certificates of probable cause 
for appeal in habeas corpus and Federal collateral relief pro-
ceedings. 
Sec. 103. Conforming amendment to the rules of appellate procedure. 
Sec. 104. Discretion to deny habeas corpus application despite failure to ex-
haust State remedies. 
Sec. 105. Period of limitation for Federal prisoners filing for collateral remedy. 
CHAPTER 2—SPECIAL PROCEDURES FOR COLLATERAL PROCEEDINGS IN 
CAPITAL CASES 
Sec. 106. Death penalty litigation procedures. 
CHAPTER 3—FUNDING FOR LITIGATION OF FEDERAL HABEAS CORPUS 
PETITIONS IN CAPITAL CASES 
Sec. 107. Funding for death penalty prosecutions. 
Subtitle B—Federal Death Penalty Procedures Reform 
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Sec. 111. Federal death penalty procedures reform. 
TITLE II—DETERRING GUN CRIMES 
Sec. 201. Mandatory prison terms for use, possession, or carrying of a firearm 
or destructive device during a State crime of violence or State 
drug trafficking crime. 
TITLE III—MANDATORY VICTIM RESTITUTION 
Sec. 301. Mandatory restitution and other provisions. 
TITLE IV—LAW ENFORCEMENT BLOCK GRANTS 
Sec. 401. Block grant program. 
TITLE V—TRUTH IN SENTENCING GRANTS 
Sec. 501. Truth in sentencing grant program. 
TITLE VI—EXCLUSIONARY RULE REFORM 
Sec. 601. Admissibility of certain evidence. 
TITLE VII—STOPPING ABUSIVE PRISONER LAWSUITS 
Sec. 701. Exhaustion requirement. 
Sec. 702. Frivolous actions. 
Sec. 703. Modification of required minimum standards. 
Sec. 704. Proceedings in forma pauperis. 
TITLE VIII—FURTHER STREAMLINING DEPORTATION OF 
CRIMINAL ALIENS 
Sec. 801. Additional expansion of definition of aggravated felony. 
Sec. 802. Deportation procedures for certain criminal aliens who are not per-
manent residents. 
Sec. 803. Restricting defenses to deportation for certain criminal aliens. 
Sec. 804. Limitation on collateral attacks on underlying deportation order. 
Sec. 805. Criminal alien tracking center. 
Sec. 806. Miscellaneous provisions. 
Sec. 807. Construction of expedited deportation requirements. 
TITLE IX—AMENDMENTS TO VIOLENT CRIME CONTROL AND 
LAW ENFORCEMENT ACT 
Sec. 901. Deletion or replacement of programs. 
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TITLE I—EFFECTIVE DEATH 
PENALTY 
Subtitle A—Habeas Corpus Reform 
CHAPTER 
1—POST 
CONVICTION 
PETI-
TIONS: GENERAL HABEAS CORPUS RE-
FORM 
SEC. 101. PERIOD OF LIMITATION FOR FILING WRIT OF 
HABEAS CORPUS FOLLOWING FINAL JUDG-
MENT OF A STATE COURT. 
Section 2244 of title 28, United States Code, is 
amended by adding at the end the following: 
‘‘(d) A one-year period of limitation shall apply to an 
application for a writ of habeas corpus by a person in cus-
tody pursuant to the judgment of a State court. The limi-
tation period shall run from the latest of the following 
times: 
‘‘(1) The time at which State remedies are ex-
hausted. 
‘‘(2) The time at which the impediment to filing 
an application created by State action in violation of 
the Constitution or laws of the United States is re-
moved, where the applicant was prevented from fil-
ing by such State action. 
‘‘(3) The time at which the Federal right as-
serted was initially recognized by the Supreme 
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Court, where the right has been newly recognized by 
the Court and is retroactively applicable. 
‘‘(4) The time at which the factual predicate of 
the claim or claims presented could have been dis-
covered through the exercise of reasonable dili-
gence.’’. 
SEC. 102. AUTHORITY OF APPELLATE JUDGES TO ISSUE 
CERTIFICATES OF PROBABLE CAUSE FOR 
APPEAL IN HABEAS CORPUS AND FEDERAL 
COLLATERAL RELIEF PROCEEDINGS. 
Section 2253 of title 28, United States Code, is 
amended to read as follows: 
‘‘§ 2253. Appeal 
‘‘(a) In a habeas corpus proceeding or a proceeding 
under section 2255 of this title before a circuit or district 
judge, the final order shall be subject to review, on appeal, 
by the court of appeals for the circuit where the pro-
ceeding is had. 
‘‘(b) There shall be no right of appeal from such an 
order in a proceeding to test the validity of a warrant to 
remove, to another district or place for commitment or 
trial, a person charged with a criminal offense against the 
United States, or to test the validity of his detention pend-
ing removal proceedings. 
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‘‘(c) An appeal may not be taken to the court of ap-
peals from the final order in a habeas corpus proceeding 
where the detention complained of arises out of process 
issued by a State court, or from the final order in a pro-
ceeding under section 2255 of this title, unless a circuit 
justice or judge issues a certificate of probable cause. A 
certificate of probable cause may only issue if the peti-
tioner has made a substantial showing of the denial of a 
Federal right. The certificate of probable cause must indi-
cate which specific issue or issues satisfy this standard.’’. 
SEC. 103. CONFORMING AMENDMENT TO THE RULES OF 
APPELLATE PROCEDURE. 
Federal Rule of Appellate Procedure 22 is amended 
to read as follows: 
‘‘RULE 22 
‘‘HABEAS CORPUS AND SECTION 2255 PROCEEDINGS 
‘‘(a) APPLICATION FOR AN ORIGINAL WRIT OF HA-
BEAS CORPUS.—An application for a writ of habeas cor-
pus shall be made to the appropriate district court. If ap-
plication is made to a circuit judge, the application will 
ordinarily be transferred to the appropriate district court. 
If an application is made to or transferred to the district 
court and denied, renewal of the application before a cir-
cuit judge is not favored; the proper remedy is by appeal 
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to the court of appeals from the order of the district court 
denying the writ. 
‘‘(b) NECESSITY
OF CERTIFICATE
OF PROBABLE 
CAUSE FOR APPEAL.—In a habeas corpus proceeding in 
which the detention complained of arises out of process 
issued by a State court, and in a motion proceeding pursu-
ant to section 2255 of title 28, United States Code, an 
appeal by the applicant or movant may not proceed unless 
a circuit judge issues a certificate of probable cause. If 
a request for a certificate of probable cause is addressed 
to the court of appeals, it shall be deemed addressed to 
the judges thereof and shall be considered by a circuit 
judge or judges as the court deems appropriate. If no ex-
press request for a certificate is filed, the notice of appeal 
shall be deemed to constitute a request addressed to the 
judges of the court of appeals. If an appeal is taken by 
a State or the Government or its representative, a certifi-
cate of probable cause is not required.’’. 
SEC. 104. DISCRETION TO DENY HABEAS CORPUS APPLICA-
TION DESPITE FAILURE TO EXHAUST STATE 
REMEDIES. 
Section 2254(b) of title 28, United State Code, is 
amended to read as follows: 
‘‘(b) An application for a writ of habeas corpus in 
behalf of a person in custody pursuant to the judgment 
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of a State court shall not be granted unless it appears 
that the applicant has exhausted the remedies available 
in the courts of the State, or that there is either an ab-
sence of available State corrective process or the existence 
of circumstances rendering such process ineffective to pro-
tect the rights of the applicant. An application may be 
denied on the merits notwithstanding the failure of the 
applicant to exhaust the remedies available in the courts 
of the State.’’. 
SEC. 105. PERIOD OF LIMITATION FOR FEDERAL PRIS-
ONERS FILING FOR COLLATERAL REMEDY. 
Section 2255 of title 28, United States Code, is 
amended by striking the second paragraph and the penul-
timate paragraph thereof, and by adding at the end the 
following new paragraphs: 
‘‘A two-year period of limitation shall apply to a mo-
tion under this section. The limitation period shall run 
from the latest of the following times: 
‘‘(1) The time at which the judgment of convic-
tion becomes final. 
‘‘(2) The time at which the impediment to mak-
ing a motion created by governmental action in vio-
lation of the Constitution or laws of the United 
States is removed, where the movant was prevented 
from making a motion by such governmental action. 
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‘‘(3) The time at which the right asserted was 
initially recognized by the Supreme Court, where the 
right has been newly recognized by the Court and is 
retroactively applicable. 
‘‘(4) The time at which the factual predicate of 
the claim or claims presented could have been dis-
covered through the exercise of reasonable dili-
gence.’’. 
CHAPTER 2—SPECIAL PROCEDURES FOR 
COLLATERAL PROCEEDINGS IN CAP-
ITAL CASES 
SEC. 106. DEATH PENALTY LITIGATION PROCEDURES. 
(a) IN GENERAL.—Title 28, United States Code, is 
amended by inserting the following new chapter after 
chapter 153: 
‘‘CHAPTER 154—SPECIAL HABEAS CORPUS 
PROCEDURES IN CAPITAL CASES 
‘‘Sec. 
‘‘2256. Prisoners in State custody subject to capital sentence; appointment of 
counsel; requirement of rule of court or statute; procedures for 
appointment. 
‘‘2257. Mandatory stay of execution; duration; limits on stays of execution; suc-
cessive petitions. 
‘‘2258. Filing of habeas corpus petition; time requirements; tolling rules. 
‘‘2259. Certificate of probable cause inapplicable. 
‘‘2260. Application to State unitary review procedures. 
‘‘2261. Limitation periods for determining petitions. 
‘‘2262. Rule of construction. 
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‘‘§ 2256. Prisoners in State custody subject to capital 
sentence; appointment of counsel; re-
quirement of rule of court or statute; pro-
cedures for appointment 
‘‘(a) This chapter shall apply to cases arising under 
section 2254 brought by prisoners in State custody who 
are subject to a capital sentence. It shall apply only if the 
provisions of subsections (b) and (c) are satisfied. 
‘‘(b) This chapter is applicable if a State establishes 
by rule of its court of last resort or by statute a mecha-
nism for the appointment, compensation and payment of 
reasonable litigation expenses of competent counsel in 
State postconviction proceedings brought by indigent pris-
oners whose capital convictions and sentences have been 
upheld on direct appeal to the court of last resort in the 
State or have otherwise become final for State law pur-
poses. The rule of court or statute must provide standards 
of competency for the appointment of such counsel. 
‘‘(c) Any mechanism for the appointment, compensa-
tion and reimbursement of counsel as provided in sub-
section (b) must offer counsel to all State prisoners under 
capital sentence and must provide for the entry of an 
order by a court of record: (1) appointing one or more 
counsel to represent the prisoner upon a finding that the 
prisoner is indigent and accepted the offer or is unable 
competently to decide whether to accept or reject the offer; 
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(A) by striking ‘‘may order’’ and inserting 
‘‘shall order’’; and 
(B) by adding at the end the following new 
paragraph: 
‘‘(4) In addition to ordering restitution of the victim 
of the offense of which a defendant is convicted, a court 
may order restitution of any person who, as shown by a 
preponderance of evidence, was harmed physically, emo-
tionally, or pecuniarily, by unlawful conduct of the defend-
ant during— 
‘‘(A) the criminal episode during which the of-
fense occurred; or 
‘‘(B) the course of a scheme, conspiracy, or pat-
tern of unlawful activity related to the offense.’’; 
(2) in subsection (b)(1)(B) by striking ‘‘imprac-
tical’’ and inserting ‘‘impracticable’’; 
(3) in subsection (b)(2) by inserting ‘‘emotional 
or’’ after ‘‘resulting in’’; 
(4) in subsection (b)— 
(A) by striking ‘‘and’’ at the end of para-
graph (4); 
(B) by redesignating paragraph (5) as 
paragraph (6); and 
(C) by inserting after paragraph (4) the 
following new paragraph: 
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