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United States · Bill · HR

H.R. 729 (104th)

Effective Death Penalty Act of 1995

openUnited States· United States Congress· EN

Introduced

30 January 1995

Last action

18 April 1996 · Committee

Status

For Further Action See S.735.

Sponsors

Rep. McCollum, Bill [R-FL-5], Rep. Bryant, Ed [R-TN-7], Rep. Bliley, Tom [R-VA-3], Rep. English, Phil [R-PA-3], Rep. Weller, Jerry [R-IL-11], ED ROYCE

Subjects

Rule of law

Source updated

10 August 2026

Rule of law

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Summary

TABLE OF CONTENTS: Title I: Effective Death Penalty Subtitle A: Post Conviction Petitions: General Habeas Corpus Reform Subtitle B: Special Procedures for Collateral Proceedings in Capital Cases Subtitle C: Funding for Litigation of Federal Habeas Corpus Petitions in Capital Cases Title II: Federal Death Penalty Procedures Reform Effective Death Penalty Act of 1995 - Title I: Effective Death Penalty - Subtitle A: Post Conviction Petitions: General Habeas Corpus Reform - Amends the Federal judicial code to establish a one- year statute of limitations for habeas corpus actions brought by State prisoners, running from the latest of the time at which: (1) the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review; (2) the impediment to filing an application created by State action in violation of the Constitution or laws of the United States is removed, where the applicant was prevented from filing by such State action; (3) the Federal right asserted was initially recognized by the Supreme Court, where the right has been newly recognized by the Court and is retroactively applicable; and (4) the factual predicate of the claim or claims presented could have been discovered through the exercise of reasonable diligence. Specifies that time that passes during the pendency of a properly filed application for State review with respect to the pertinent judgment or claim shall not be counted toward any period of limitation. (Sec. 102) Vests authority to issue certificates of probable cause for appeal of habeas corpus orders exclusively in the courts of appeals. Permits a certificate of probable cause to issue only if the petitioner has made a substantial showing of the denial of a Federal right. Specifies that such certificate must indicate which specific issue or issues satisfy this standard. (Sec. 104) Permits the denial of a habeas corpus petition on the merits notwithstanding the failure of the applicant to exhaust State court remedies. Specifies that a State shall not be deemed to have waived the exhaustion requirement or estopped from reliance upon the requirement unless through its counsel it expressly waives the requirement. (Sec. 105) Imposes a two-year period of limitation for filing for collateral relief by Federal prisoners, running from the latest of the time at which: (1) the judgment of conviction becomes final; (2) the impediment to making a motion created by governmental action in violation of the Constitution or laws of the United States is removed, where the movant was prevented from making a motion by such governmental action; (3) the right asserted was initially recognized by the Supreme Court, where the right has been newly recognized by the Court and is retroactively applicable; and (4) the factual predicate of the claim presented could have been discovered through the exercise of reasonable diligence. Subtitle B: Special Procedures for Collateral Proceedings in Capital Cases - Amends the Federal judicial code to set forth special habeas corpus procedures in capital cases, including provisions regarding: (1) the appointment of counsel; (2) stays of execution, limits on stays, and successive petitions; and (3) time requirements and tolling rules. Directs the district court, whenever a State prisoner under capital sentence files a petition for habeas corpus relief to which this subtitle applies, to consider only claims that have been raised and decided on the merits in the State courts, unless the failure to raise the claim properly is: (1) the result of State action in violation of the Constitution or laws of the United States; (2) the result of the Supreme Court recognition of a new Federal right that is retroactively applicable; or (3) based on a factual predicate that could not have been discovered through the exercise of reasonable diligence in time to present the claim for State or Federal post- conviction review. Sets forth provisions regarding limitation periods for determining petitions. Requires the Administrative Office of the U.S. Courts to report annually to the Congress on court compliance with the time limits established by this Act. Subtitle C: Funding for Litigation of Federal Habeas Corpus Petitions in Capital Cases - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require the Director of the Bureau of Justice Assistance to provide grants to the States to support litigation pertaining to Federal habeas corpus petitions in capital cases. Title II: Federal Death Penalty Procedures Reform - Revises provisions of the Violent Crime Control and Law Enforcement Act of 1994 regarding the conduct of a special hearing to determine whether a death sentence is justified, to require the jury (or, if there is no jury, the court) to consider whether the aggravating factors found to exist outweigh any mitigating factors and to recommend such sentence if it unanimously finds at least one aggravating factor and no mitigating factor, or one or more aggravating factors which outweigh any mitigating factors. Directs that the jury be instructed that: (1) it must avoid any influence of sympathy, sentiment, passion, prejudice, or other arbitrary factors in its decision and should make such a recommendation as the information warrants; and (2) its recommendation is to be based on the aggravating factors and any mitigating factors which have been found, but that the final decision concerning the balance of aggravating and mitigating factors is a matter for the jury's judgement.

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

Timeline

  1. 30 January 1995

    Introduced

    Referred to the House Committee on the Judiciary.

    Source: IntroReferral

  2. 30 January 1995

    Introduced

    Introduced in House

    Source: IntroReferral

  3. 30 January 1995

    Introduced

    Introduced in House

    Source: IntroReferral

  4. 1 February 1995

    Vote

    Ordered to be Reported (Amended) by the Yeas and Nays: 24 - 10.

    Source: Committee

  5. 1 February 1995

    Committee

    Committee Consideration and Mark-up Session Held.

    Source: Committee

  6. 8 February 1995

    Passed

    Motion to reconsider laid on the table Agreed to without objection.

    Source: Floor

  7. 8 February 1995

    Vote

    On passage Passed by recorded vote: 297 - 132 (Roll no. 109).

    Source: Floor

  8. 8 February 1995

    Vote

    Passed/agreed to in House: On passage Passed by recorded vote: 297 - 132 (Roll no. 109).

    Source: Floor

  9. 8 February 1995

    Passed

    The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.

    Source: Floor

  10. 8 February 1995

    Floor

    The previous question was ordered pursuant to the order of the House of February 7, 1995

    Source: Floor

  11. 8 February 1995

    Floor

    The House rose from the Committee of the Whole House on the state of the Union to report H.R. 729.

    Source: Floor

  12. 8 February 1995

    Floor

    The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of H.R. 665.

    Source: Floor

  13. 8 February 1995

    Floor

    GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate.

    Source: Floor

  14. 8 February 1995

    Floor

    The Speaker designated the Honorable David Dreier to act as Chairman of the Committee.

    Source: Floor

  15. 8 February 1995

    Floor

    The House resolved into Committee of the Whole on the state of the Union pursuant to the special order of Tuesday, February 7, 1995.

    Source: Floor

  16. 8 February 1995

    Floor

    Considered previous special order. (consideration: CR H1400-1434)

    Source: Floor

  17. 8 February 1995

    Floor

    Consideration initiated previous special order.

    Source: Floor

  18. 8 February 1995

    Calendars

    Placed on the Union Calendar, Calendar No. 10.

    Source: Calendars

  19. 8 February 1995

    Reported

    Reported (Amended) by the Committee on Judiciary. H. Rept. 104-23.

    Source: Committee

  20. 8 February 1995

    Reported

    Reported (Amended) by the Committee on Judiciary. H. Rept. 104-23.

    Source: Committee

  21. 13 February 1995

    Introduced

    Received in the Senate and read twice and referred to the Committee on Judiciary.

    Source: IntroReferral

  22. 18 April 1996

    Committee

    For Further Action See S.735.

    Source: Committee

Votes

No vote records are attached yet.

Versions

Documents

10 official files

Referred in Senate (text)

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Sponsors

Related records

Sources

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