Public Safety Officers' Defense Act

Summary

Public Safety Officers' Defense Act - Amends the Federal judicial code to deny a court, justice, or judge jurisdiction to consider any claim relating to the judgment or sentence in an application for a writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court for killing a public safety officer, unless the applicant shows constitutional error or that the claim qualifies for consideration based on a new rule of constitutional law or a factual predicate that could not have been previously discovered. Directs that any such application presented to a court, justice, or judge other than a district court be transferred to the appropriate district court for consideration or dismissal, with an exception. Sets forth requirements regarding time limits in: (1) district court (e.g., any motion by either party for an evidentiary hearing shall be filed and served not later than 90 days after the State files its answer); and (2) the court of appeals (e.g., the court shall decide the appeal from an order granting or denying a writ of habeas corpus not later than 120 days after the date on which the brief of the appellee is filed). Makes time limitations under this Act applicable to an initial application, a second or successive application, and any re-determination of an application or related appeal following a remand by the court of appeals or the Supreme Court for further proceedings.

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3 official files

• Introduced in Senate (text)

  Introduced in Senate · EN · 22 July 2004

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• Introduced in Senate (PDF)

  Introduced in Senate · EN · 22 July 2004

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• Introduced in Senate

  summary · EN · 22 July 2004

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