H.R. 9868

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9868 Introduced in House (IH)]

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118th CONGRESS
2d Session
H. R. 9868

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

September 27, 2024

Mr. Johnson of Georgia (for himself, Ms. Pingree, and Ms. Norton) 
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 availability 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Effective Death Penalty Appeals 
Act''.

SEC. 2. CLARIFICATION OF THE AVAILABILITY OF FEDERAL HABEAS CORPUS 
RELIEF FOR A PERSON WHO IS SENTENCED TO DEATH THOUGH 
ACTUALLY INNOCENT.

Section 2254(d) of title 28, United States Code, is amended--
(1) in paragraph (1), by striking ``; or'' and inserting a 
semicolon;
(2) in paragraph (2), by striking the period and inserting 
``; or''; and
(3) by adding at the end the following:
``(3) resulted in, or left in force, a sentence of death 
that was imposed without consideration of newly discovered 
evidence which, in combination with the evidence presented at 
trial, demonstrates that the applicant is probably not guilty 
of the underlying offense.''.

SEC. 3. CLARIFICATION OF THE AVAILABILITY OF AN EVIDENTIARY HEARING.

Section 2254(e)(2)(A) of title 28, United States Code, is amended--
(1) in clause (i), by striking ``or'' at the end;
(2) in clause (ii) by striking ``and'' at the end and 
inserting ``or''; and
(3) by adding at the end the following:
``(iii) in the case of an applicant 
sentenced to death, such failure was the result 
of ineffective assistance of postconviction 
counsel in a State that prohibits an 
ineffective assistance of counsel claim on 
direct appeal; and''.

SEC. 4. CONFORMING AMENDMENTS RELATING TO SECOND AND SUCCESSIVE 
PETITIONS.

(a) State Convictions.--Section 2244(b) of title 28, United States 
Code, is amended--
(1) in paragraph (1), by striking ``A'' and inserting 
``Except as provided in paragraph (5), a''; and
(2) by adding at the end the following:
``(5) A claim that an applicant was sentenced to death 
without consideration of newly discovered evidence which, in 
combination with the evidence presented at trial, could 
reasonably be expected to demonstrate that the applicant is 
probably not guilty of the underlying offense may be presented 
in a second or successive habeas corpus application.''.
(b) Federal Convictions.--Section 2255(h) of title 28, United 
States Code, is amended--
(1) in paragraph (1), by striking ``or'';
(2) by striking the period at the end of paragraph (2) and 
inserting ``; or''; and
(3) by adding at the end the following:
``(3) a claim that an applicant was sentenced to death 
without consideration of newly discovered evidence which, in 
combination with the evidence presented at trial, could 
reasonably be expected to demonstrate that the applicant is 
probably not guilty of the underlying offense.''.
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