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H.R. 3416 (97th)

A bill to amend title 28 of the United States Code, to change the types of hearings which a magistrate may conduct, and to change the jurisdiction for the granting of, writs of habeas corpus by Federal courts upon the application of persons in custody pursuant to judgements of state courts.

openUnited States· United States Congress· EN

Introduced

4 May 1981

Last action

28 December 1981 · Committee

Status

Executive Comment Requested from Justice.

Sponsors

Rep. Bennett, Charles E. [D-FL-3], Rep. Chappell, Bill, Jr. [D-FL-4], Rep. Bafalis, L. A. (Skip) [R-FL-10], Rep. Ertel, Allen E. [D-PA-17], Rep. Fuqua, Don [D-FL-2], Rep. Gibbons, Sam [D-FL-11], Rep. Holt, Marjorie S. [R-MD-4], Rep. Hutto, Earl [D-FL-1], Rep. McCollum, Bill [R-FL-8], Rep. Pepper, Claude [D-FL-18], Rep. Smith, Albert L., Jr. [R-AL-6], Rep. Marriott, David Daniel [R-UT-2], Rep. Nichols, Bill [D-AL-3], Rep. Spence, Floyd [R-SC-2], Rep. Bevill, Tom [D-AL-4], Rep. Collins, James M. [R-TX-3], Rep. Forsythe, Edwin B. [R-NJ-6], Rep. Hansen, George V. [R-ID-2], Rep. Lagomarsino, Robert J. [R-CA-19], Rep. Hansen, James V. [R-UT-1], Rep. Robinson, J. Kenneth [R-VA-7], Rep. Fish, Hamilton, Jr. [R-NY-19], Rep. Ireland, Andrew P. [R-FL-10], Rep. Lloyd, Marilyn [D-TN-3], Sen. Gregg, Judd [R-NH], Rep. Daub, Hal [R-NE-2], Rep. Sawyer, Harold S. [R-MI-5], Rep. Evans, Billy Lee [D-GA-8], Rep. Shaw, E. Clay, Jr. [R-FL-22], Rep. Lent, Norman F. [R-NY-4]

Subjects

Discovery layer

Source updated

16 January 2025

Official sourceView documentsShare

Summary

Prohibits Federal magistrates from conducting evidentiary hearings in habeas corpus actions brought by State prisoners. Prohibits the consideration in a habeas corpus proceeding of a Federal question which was not properly presented under State law at trial and on appeal unless the petitioner establishes that the alleged violation of the Federal right was prejudicial and that: (1) the Federal right did not exist at time of trial and has been determined to be retroactive; or (2) the State procedures precluded assertion of the right; or (3) evidence was suppressed which prevented raising of the claim; or (4) material and controlling facts upon which the claim is based were unknown and could not have been ascertained by reasonable diligence. Establishes a three-year statute of limitations for habeas corpus actions brought by State prisoners. Prohibits a Federal evidentiary hearing from being conducted where State court records contain factual findings, unless the petitioner establishes the existence of at least one of six enumerated circumstances. (Currently, the State findings are presumed to be correct unless petitioner establishes existence of a circumstance.) Eliminates from such circumstances: (1) that the applicant did not receive a full, fair, and adequate hearing; or (2) that the applicant was otherwise denied due process.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

  1. 4 May 1981

    Introduced

    Referred to House Committee on The Judiciary.

    Source: IntroReferral

  2. 4 May 1981

    Introduced

    Introduced in House

    Source: IntroReferral

  3. 4 May 1981

    Introduced

    Introduced in House

    Source: IntroReferral

  4. 7 May 1981

    Referred

    Referred to Subcommittee on Courts, Civil Liberties, and the Administration of Justice.

    Source: Committee

  5. 8 May 1981

    Committee

    Executive Comment Received From Admin Office US Courts.

    Source: Committee

  6. 8 May 1981

    Committee

    Executive Comment Requested from Admin Office US Courts.

    Source: Committee

  7. 28 December 1981

    Committee

    Executive Comment Requested from Justice.

    Source: Committee

Votes

No vote records are attached yet.

Versions

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Documents

1 official file

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Sponsors

Related records

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Sources

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