Consular Notification Compliance Act of 2011

Bill: 112-s-1194
Sponsor: Sen. Leahy, Patrick J. [D-VT]
Introduced: 2011-06-14 in the Senate
Policy area: International Affairs
Subjects: Correctional facilities and imprisonment
Criminal investigation, prosecution, interrogation
Criminal procedure and sentencing
Detention of persons
Diplomacy, foreign officials, Americans abroad
International law and treaties
Judicial review and appeals

Summary:
action_date: 2011-06-14
text: 
Consular Notification Compliance Act of 2011 - States that the purpose of this Act is to facilitate compliance with Article 36 of the Vienna Convention on Consular Relations (Convention) and any comparable provision of a bilateral international agreement addressing consular notification and access.
 
Requires that: (1) an individual who is not a U.S. national who is detained or arrested by a federal, state, or local officer or employee be notified that such individual may request that his or her consulate be notified of the detention or arrest; (2) if so requested, an appropriate official shall notify the consulate; and (3) if the consulate has not been so notified, notification shall occur not later than the individual's first court appearance.
 
Provides that: (1) a federal court shall have jurisdic
tion to review a petition claiming a violation of the Convention or a comparable bilateral international agreement addressing consular notification and access filed by an individual convicted and sentenced to death by any federal or state court before the date of enactment of this Act; (2) if an execution date has been set the court shall grant a stay of execution if necessary to allow the court to review a petition; (3) an individual must show actual prejudice to the conviction or sentence resulting from the violation (the court may conduct an evidentiary hearing and, upon a finding of actual prejudice, order a new trial or sentencing proceeding); (4) a petition for review shall be part of the first federal habeas corpus application or motion for federal collateral relief filed by an individual; and (5) a final order on a petition for review shall be subject to appeal if a district or circuit judge issues a certificate of appealability.
 
Permits an individual who is arrested, detained, or held for trial (but not yet convicted and sentenced) on a charge that would expose the individual to a capital sentence to raise a claim of a violation of the Convention or a comparable provision of a bilateral international agreement addressing consular notification and access, at a reasonable time after the individual becomes aware of the violation, before the court of jurisdiction.
 
Requires: (1) notification of the appropriate consulate by the detaining authority and consular access to the individual, and (2) the court to postpone any proceedings if necessary to allow for consular access and assistance. Authorizes the court to conduct evidentiary hearings to resolve factual issues.


Legislative actions:
action_date: 2011-07-27
text: Committee on the Judiciary. Hearings held. Hearings printed: S.Hrg. 112-148.
action_date: 2011-06-14
text: Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S3780-3783)
action_date: 2011-06-14
text: Sponsor introductory remarks on measure. (CR S3779-3780, S3781-3783)
action_date: 2011-06-14
text: Introduced in Senate