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116TH CONGRESS
2D SESSION
H. R. 7532
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
JULY 9, 2020
Mr. JOHNSON of Georgia (for himself, Ms. CLARKE of New York, Mr. DANNY
K. DAVIS of Illinois, Mr. HASTINGS, Ms. JACKSON LEE, Ms. NORTON,
Ms. SEWELL of Alabama, Mr. THOMPSON of Mississippi, Mrs. WATSON
COLEMAN, Mr. RASKIN, Mr. GARCI´A of Illinois, Mr. KENNEDY, Ms. PIN-
GREE, Ms. WILD, Mr. TRONE, Mr. MEEKS, Mr. CARSON of Indiana, Ms.
LOFGREN, and Ms. SCHAKOWSKY) 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 avail-
ability 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 Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Effective Death Pen-
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alty Appeals Act’’.
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•HR 7532 IH
SEC. 2. CLARIFICATION OF THE AVAILABILITY OF FEDERAL
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HABEAS CORPUS RELIEF FOR A PERSON WHO
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IS SENTENCED TO DEATH THOUGH ACTU-
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ALLY INNOCENT.
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Section 2254(d) of title 28, United States Code, is
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amended—
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(1) in paragraph (1), by striking ‘‘; or’’ and in-
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serting a semicolon;
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(2) in paragraph (2), by striking the period and
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inserting ‘‘; or’’; and
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(3) by adding at the end the following:
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‘‘(3) resulted in, or left in force, a sentence of
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death that was imposed without consideration of
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newly discovered evidence which, in combination
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with the evidence presented at trial, demonstrates
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that the applicant is probably not guilty of the un-
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derlying offense.’’.
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SEC. 3. CONFORMING AMENDMENTS RELATING TO SECOND
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AND SUCCESSIVE PETITIONS.
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(a) STATE CONVICTIONS.—Section 2244(b) of title
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28, United States Code, is amended—
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(1) in paragraph (1), by striking ‘‘A’’ and in-
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serting ‘‘Except as provided in paragraph (5), a’’;
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and
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(2) by adding at the end the following:
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‘‘(5) A claim that an applicant was sentenced to
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death without consideration of newly discovered evi-
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dence which, in combination with the evidence pre-
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sented at trial, could reasonably be expected to dem-
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onstrate that the applicant is probably not guilty of
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the underlying offense may be presented in a second
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or successive habeas corpus application.’’.
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(b) FEDERAL CONVICTIONS.—Section 2255(h) of
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title 28, United States Code, is amended—
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(1) in paragraph (1), by striking ‘‘or’’;
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(2) by striking the period at the end of para-
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graph (2) and inserting ‘‘; or’’; and
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(3) by adding at the end the following:
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‘‘(3) a claim that an applicant was sentenced to
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death without consideration of newly discovered evi-
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dence which, in combination with the evidence pre-
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sented at trial, could reasonably be expected to dem-
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onstrate that the applicant is probably not guilty of
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the underlying offense.’’.
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Æ
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