[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9868 Introduced in House (IH)]

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118th CONGRESS
  2d Session
                                H. R. 9868

 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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 27, 2024

   Mr. Johnson of Georgia (for himself, Ms. Pingree, and Ms. Norton) 
 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Effective Death Penalty Appeals 
Act''.

SEC. 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.''.

SEC. 3. CLARIFICATION OF THE AVAILABILITY OF AN EVIDENTIARY HEARING.

    Section 2254(e)(2)(A) of title 28, United States Code, is amended--
            (1) in clause (i), by striking ``or'' at the end;
            (2) in clause (ii) by striking ``and'' at the end and 
        inserting ``or''; and
            (3) by adding at the end the following:
                            ``(iii) in the case of an applicant 
                        sentenced to death, such failure was the result 
                        of ineffective assistance of postconviction 
                        counsel in a State that prohibits an 
                        ineffective assistance of counsel claim on 
                        direct appeal; and''.

SEC. 4. 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.''.
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