A bill to amend title 28, United States Code, to provide special habeas corpus procedures in capital cases.

Summary

Amends the Federal judicial code to set forth special habeas corpus procedures in capital cases. Applies such procedures to Federal habeas corpus cases brought by prisoners in State custody who are subject to a capital sentence. Makes the applicability of such procedures contingent upon a State establishing a mechanism for the appointment, compensation, and payment of reasonable litigation expenses of competent counsel in State post-conviction proceedings brought by indigent prisoners whose capital convictions and sentences have been upheld on direct appeal to the court of last resort in the State or have otherwise become final for State law purposes. States that the rule of court on statutes establishing such mechanism must provide standards of competency for the appointment of such counsel, and that any such mechanism must offer counsel to all State prisoners under capital sentence and meet other specified requirements. Provides for a mandatory stay of execution during the post-conviction review initiated pursuant to this Act. Details conditions which will cause such stay to expire. Imposes time limits on filing for habeas corpus relief. Requires such time limits to be tolled under specified conditions. Requires the district court, upon the development of a complete evidentiary record, to rule on the merits of the claims properly before it. Makes the requirement for a certificate of probable cause inapplicable, with an exception.

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3 official files

• Introduced in Senate (text)

  Introduced in Senate · EN · 21 January 1993

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• Introduced in Senate (PDF)

  Introduced in Senate · EN · 21 January 1993

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• Introduced in Senate

  summary · EN · 21 January 1993

  Open at official source

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