Effective Death Penalty Appeals Act

Bill: 116-hr-7532
Sponsor: full_name: Rep. Johnson, Henry C. "Hank," Jr. [D-GA-4]
Introduced: 2020-07-09
Policy area: Law
Subjects: Criminal procedure and sentencing

Evidence and witnesses

Judicial review and appeals
Latest action: action_date: 2020-07-09
text: Referred to the House Committee on the Judiciary.

Summaries:
action_date: 2020-07-09
action_desc: Introduced in House
text: <p><b>Effective Death Penalty Appeals Act</b></p> <p class="MsoNormal" style="line-height: normal;">This bill allows an individual sentenced to death by a state to present newly discovered evidence in a petition challenging the legality of the individual's detention (i.e., a habeas corpus petition).</p> <p class="MsoNormal" style="line-height: normal;">Under the bill, a federal court may grant a habeas corpus petition concerning such an individual if the death sentence was imposed without consideration of newly discovered evidence of the individual's probable innocence. </p> <p class="MsoNormal" style="line-height: normal;">Furthermore, a federal court may consider, subject to certain requirements, a subsequent petition concerning such an individual if the petition is based on a claim that the death sentence was imposed without consideration of newly discovered evidence of the individual's probable innocence. (Currently, if a federal court has already considered a habeas corpus petition concerning an individual, subsequent petitions concerning that individual shall be dismissed, with limited exceptions.)</p>

tv_txt: I 116th CONGRESS 2d Session H. R. 7532 IN THE HOUSE OF REPRESENTATIVES July 9, 2020 Mr. Johnson of Georgia (for himself, Ms. Clarke of New York , Mr. Danny K. Davis of Illinois , Mr. Hastings , Ms. Jackson Lee , Ms. Norton , Ms. Sewell of Alabama , Mr. Thompson of Mississippi , Mrs. Watson Coleman , Mr. Raskin , Mr. García of Illinois , Mr. Kennedy , Ms. Pingree , Ms. Wild , Mr. Trone , Mr. Meeks , Mr. Carson of Indiana , Ms. Lofgren , and Ms. Schakowsky ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL 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.

1. Short title This Act may be cited as the Effective Death Penalty Appeals Act . 2. Clarification of the availability of Federal habeas corpus relief for a person who is sentenced to death though actually innocent Section 2254(d) of title 28, United States Code, is amended— (1) in paragraph (1), by striking ; or and inserting 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 underlying offense. . 3. 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 inserting 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 evidence which, in combination with the evidence presented at trial, could reasonably be expected to demonstrate 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 ; (2) by striking the period at the end of paragraph (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 evidence which, in combination with the evidence presented at trial, could reasonably be expected to demonstrate that the applicant is probably not guilty of the underlying offense. .