text: SECTION 1. SHORT TITLE.
  
      This title may be cited as the ``Habeas Corpus Revision Act of 
  1994''.
  
  SEC. 2. STATUTE OF LIMITATIONS.
  
      Section 2254 of title 28, United States Code, is amended by adding 
  at the end the following:
      ``(g)(1) In the case of an applicant under sentence of death, any 
  application for habeas corpus relief under this section must be filed 
  in the appropriate district court not later than 1 year after--
              ``(A) the date of denial of a writ of certiorari, if a 
          petition for a writ of certiorari to the highest court of the 
          State on direct appeal or unitary review of the conviction and 
          sentence is filed, within the time limits established by law, 
          in the Supreme Court;
              ``(B) the date of issuance of the mandate of the highest 
          court of the State on direct appeal or unitary review of the 
          conviction and sentence, if a petition for a writ of certiorari 
          is not filed, within the time limits established by law, in the 
          Supreme Court; or
              ``(C) the date of issuance of the mandate of the Supreme 
          Court, if on a petition for a writ of certiorari the Supreme 
          Court grants the writ and disposes of the case in a manner that 
          leaves the capital sentence undisturbed.
      ``(2) The time requirements established by this section shall be 
  tolled--
              ``(A) during any period in which the State has failed to 
          provide counsel as required in section 2257 of this chapter;
              ``(B) during the period from the date the applicant files 
          an application for State postconviction relief until final 
          disposition of the application by the State appellate courts, 
          if all filing deadlines are met; and
              ``(C) during an additional period not to exceed 90 days, if 
          counsel moves for an extension in the district court that would 
          have jurisdiction of a habeas corpus application and makes a 
          showing of good cause.''.
  
  SEC. 3. STAYS OF EXECUTION IN CAPITAL CASES.
  
      Section 2251 of title 28, United States Code, is amended--
              (1) by inserting ``(a)(1)'' before the first paragraph;
              (2) by inserting ``(2)'' before the second paragraph; and
              (3) by adding at the end the following:
      ``(b) In the case of an individual under sentence of death, a 
  warrant or order setting an execution shall be stayed upon application 
  to any court that would have jurisdiction over an application for 
  habeas corpus under this chapter. The stay shall be contingent upon 
  reasonable diligence by the individual in pursuing relief with respect 
  to such sentence and shall expire if--
              ``(1) the individual fails to apply for relief under this 
          chapter within the time requirements established by section 
          2254(g) of this chapter;
              ``(2) upon completion of district court and court of 
          appeals review under section 2254 of this chapter, the 
          application is denied and--
                      ``(A) the time for filing a petition for a writ of 
                  certiorari expires before a petition is filed;
                      ``(B) a timely petition for a writ of certiorari is 
                  filed and the Supreme Court denies the petition; or
                      ``(C) a timely petition for certiorari is filed 
                  and, upon consideration of the case, the Supreme Court 
                  disposes of it in a manner that leaves the capital 
                  sentence undisturbed; or
              ``(3) before a court of competent jurisdiction, in the 
          presence of counsel qualified under section 2257 of this 
          chapter and after being advised of the consequences of the 
          decision, an individual waives the right to pursue relief under 
          this chapter.''.
  
  SEC. 4. LAW APPLICABLE.
  
      (a) In General.--Chapter 153 of title 28, United States Code, is 
  amended by adding at the end the following:
  ``Sec. 2256. Law applicable
      ``(a) Except as provided in subsection (b), in an action under this 
  chapter, the court shall not apply a new rule.
      ``(b) A court shall apply a new rule, if the new rule--
              ``(1) places the claimant's conduct beyond the power of the 
          criminal law-making authority to proscribe or punish with the 
          sanction imposed; or
              ``(2) requires the observance of procedures without which 
          the likelihood of an accurate conviction or valid capital 
          sentence is seriously diminished.
      ``(c) As used in this section, the term `new rule' means a clear 
  break from precedent, announced by the Supreme Court of the United 
  States, that could not reasonably have been anticipated at the time the 
  claimant's sentence became final in State court. A rule is not `new' 
  merely because it was not dictated or compelled by the precedents 
  existing at that time or because, at that time, it was susceptible to 
  debate among reasonable minds.''.
      (b) Clerical Amendment.--The table of sections at the beginning of 
  chapter 153 of title 28, United States Code, is amended by adding at 
  the end the following:
  
  ``2256. Law applicable.''.
  
  SEC. 5. COUNSEL IN CAPITAL CASES; STATE COURT.
  
      (a) In General.--Chapter 153 of title 28, United States Code, is 
  amended by adding after the provision added by section 804 of this 
  subtitle the following:
  ``Sec. 2257. Counsel in capital cases; State court
      ``(a) Notwithstanding section 2254(d) of this chapter, the court in 
  an action under this chapter shall neither presume a finding of fact 
  made in a State court proceeding specified in subsection (b)(1) of this 
  section to be correct nor decline to consider a claim on the ground 
  that it was not raised in such a proceeding at the time or in the 
  manner prescribed by State law, unless--
              ``(1) the relevant State maintains a mechanism for 
          providing legal services to indigents in capital cases that 
          meets the specifications in subsection (b) of this section;
              ``(2) if the applicant in the instant case was eligible for 
          the appointment of counsel and did not waive such an 
          appointment, the State actually appointed an attorney or 
          attorneys to represent the applicant in the State proceeding in 
          which the finding of fact was made or the default occurred; and
              ``(3) the attorney or attorneys so appointed substantially 
          met both the qualification standards specified in subsection 
          (b)(3)(A) or (b)(4) of this section and the performance 
          standards established by the appointing authority.
      ``(b) A mechanism for providing legal services to indigents within 
  the meaning of subsection (a)(1) of this section shall include the 
  following elements:
              ``(1) The State shall provide legal services to--
                      ``(A) indigents charged with offenses for which 
                  capital punishment is sought;
                      ``(B) indigents who have been sentenced to death 
                  and who seek appellate, collateral, or unitary review 
                  in State court; and
                      ``(C) indigents who have been sentenced to death 
                  and who seek certiorari review of State court judgments 
                  in the United States Supreme Court.
              ``(2) The State shall establish a counsel authority, which 
          shall be--
                      ``(A) a statewide defender organization;
                      ``(B) a resource center; or
                      ``(C) a counsel authority appointed by the highest 
                  State court having jurisdiction over criminal matters, 
                  consisting of members of the bar with substantial 
                  experience in, or commitment to, the representation of 
                  criminal defendants in capital cases, and comprised of 
                  a balanced representation from each segment of the 
                  State's criminal defense bar.
              ``(3) The counsel authority shall--
                      ``(A) publish a roster of attorneys qualified to be 
                  appointed in capital cases, procedures by which 
                  attorneys are appointed, and standards governing 
                  qualifications and performance of counsel, which shall 
                  include--
                              ``(i) knowledge and understanding of 
                          pertinent legal authorities regarding issues in 
                          capital cases; and
                              ``(ii) skills in the conduct of 
                          negotiations and litigation in capital cases, 
                          the investigation of capital cases and the 
                          psychiatric history and current condition of 
                          capital clients, and the preparation and 
                          writing of legal papers in capital cases;
                      ``(B) monitor the performance of attorneys 
                  appointed and delete from the roster any attorney who 
                  fails to meet qualification and performance standards; 
                  and
                      ``(C) appoint a defense team, which shall include 
                  at least 2 attorneys, to represent a client at the 
                  relevant stage of proceedings, within 30 days after 
                  receiving notice of the need for the appointment from 
                  the relevant State court.
              ``(4) An attorney who is not listed on the roster shall be 
          appointed only on the request of the client concerned and in 
          circumstances in which the attorney requested is able to 
          provide the client with quality legal representation.
              ``(5) No counsel appointed pursuant to this section to 
          represent a prisoner in State postconviction proceedings shall 
          have previously represented the prisoner at trial or on direct 
          appeal in the case for which the appointment is made, unless 
          the prisoner and counsel expressly request continued 
          representation.
              ``(6) The ineffectiveness or incompetence of counsel 
          appointed pursuant to this section during State or Federal 
          postconviction proceedings shall not be a ground for relief in 
          a proceeding arising under section 2254 of this title. This 
          limitation shall not preclude the appointment of different 
          counsel at any phase of State or Federal postconviction 
          proceedings.
              ``(7) Upon receipt of notice from the counsel authority 
          that an individual entitled to the appointment of counsel under 
          this section has declined to accept such an appointment, the 
          court requesting the appointment shall conduct, or cause to be 
          conducted, a hearing, at which the individual and counsel 
          proposed to be appointed under this section shall be present, 
          to determine the individual's competency to decline the 
          appointment, and whether the individual has knowingly and 
          intelligently declined it.
              ``(8) Attorneys appointed pursuant to this section shall be 
          compensated on an hourly basis pursuant to a schedule of hourly 
          rates as periodically established by the counsel authority 
          after consultation with the highest State court with 
          jurisdiction over criminal matters. Appointed counsel shall be 
          reimbursed for expenses reasonably incurred in representing the 
          client, including the costs of law clerks, paralegals, 
          investigators, experts, or other support services.
              ``(9) Support services for staff attorneys of a defender 
          organization or resource center shall be equal to the services 
          listed in paragraph (8).''.
      (b) Clerical Amendment.--The table of sections at the beginning of 
  chapter 153 of title 28, United States Code, is amended by adding after 
  the provision added by section 804 the following:
  
  ``2257. Counsel in capital cases; State court.''.
  
  SEC. 6. SUCCESSIVE FEDERAL PETITIONS.
  
      Section 2244(b) of title 28, United States Code, is amended--
              (1) by inserting ``(1)'' after ``(b)'';
              (2) by inserting ``, in the case of an applicant not under 
          sentence of death,'' after ``When''; and
              (3) by adding at the end the following:
              ``(2) In the case of an applicant under sentence of death, 
          a claim presented in a second or successive application, that 
          was not presented in a prior application under this chapter, 
          shall be dismissed unless--
                      ``(A) the applicant shows that--
                              ``(i) the basis of the claim could not have 
                          been discovered by the exercise of reasonable 
                          diligence before the applicant filed the prior 
                          application; or
                              ``(ii) the failure to raise the claim in 
                          the prior application was due to action by 
                          State officials in violation of the 
                          Constitution of the United States; and
                      ``(B) the facts underlying the claim would be 
                  sufficient, if proven, to undermine the court's 
                  confidence in the applicant's guilt of the offense or 
                  offenses for which the capital sentence was imposed, or 
                  in the validity of that sentence under Federal law.''.
  
  SEC. 7. CERTIFICATES OF PROBABLE CAUSE.
  
      The third paragraph of section 2253, of title 28, United States 
  Code, is amended to read as follows:
              ``An appeal may not be taken to the court of appeals from 
          the final order in a habeas corpus proceeding where the 
          detention complained of arises out of process issued by a State 
          court, unless the justice or judge who rendered the order or a 
          circuit justice or judge issues a certificate of probable 
          cause. However, an applicant under sentence of death shall have 
          a right of appeal without a certification of probable cause, 
          except after denial of a second or successive application.''.
  
  SEC. 8. DUTIES OF THE DISTRICT COURT.
  
      Section 2254(a) of title 28, United States Code, is amended by 
  adding at the end the following:
              ``In adjudicating the merits of any such ground, the court 
          shall exercise independent judgment in ascertaining the 
          pertinent Federal legal standards and in applying those 
          standards to the facts and shall not defer to a previous State 
          court judgment regarding a Federal legal standard or its 
          application. Upon request, the court shall permit the parties 
          to present evidence regarding material facts that were not 
          adequately developed in State court. The court shall award 
          relief with respect to any meritorious constitutional ground, 
          unless, in the case of a violation that can be harmless, the 
          respondent shows that the error was harmless beyond a 
          reasonable doubt.''.
  
  SEC. 9. CLAIMS OF INNOCENCE.
  
      (a) In General.--Chapter 153 of title 28, United States Code, is 
  amended by adding after the provision added by section 805 of this 
  subtitle the following:
  ``Sec. 2258. Claims of innocence
      ``(a) At any time, and notwithstanding any other provision of law, 
  a district court shall issue habeas corpus relief on behalf of an 
  applicant under sentence of death, imposed either in Federal or in 
  State court, who offers credible newly discovered evidence which, had 
  it been presented to the trier of fact or sentencing authority at 
  trial, would probably have resulted in--
              ``(1) an acquittal of the offense for which the death 
          sentence was imposed; or
              ``(2) a sentence other than death.
      ``(b) An application filed pursuant to subsection (a) shall offer 
  substantial evidence which, if credible, would establish one of the 
  standards in subsection (a)(1) or (2). An application that fails to do 
  so may be dismissed.
      ``(c) If the court concludes that an application meets the 
  requirements in subsection (b), the court shall--
              ``(1) order the respondent to file an answer;
              ``(2) permit the parties to conduct reasonable discovery;
              ``(3) conduct a hearing to resolve disputed issues of fact; 
          and
              ``(4) upon request, issue a stay of execution pending 
          further proceedings in the district court and on direct review 
          of the district court's judgment.
      ``(d) If the court concludes that the applicant meets the standards 
  established by subsection (a)(1) or (2), the court shall order his or 
  her release, unless a new trial or, in an appropriate case, a new 
  sentencing proceeding, is conducted within a reasonable time.
      ``(e) If the court determines that the applicant is currently 
  entitled to pursue other available and effective remedies in either 
  State or Federal court, the court may, at the request of either party, 
  suspend its consideration of the application under this section until 
  the applicant has exhausted those remedies. A stay issued pursuant to 
  subsection (c) shall remain in effect during such a suspension.
      ``(f) An application under this section may be consolidated with 
  any other pending application under this chapter, filed by the same 
  applicant.''.
      (b) Clerical Amendment.--The table of sections at the beginning of 
  chapter 153 of title 28, United States Code, is amended by adding after 
  the provision added by section 805 of this subtitle the following:
  
  ``2258. Claims of innocence.''.
  
  SEC. 10. PROCEDURAL DEFAULT IN STATE COURT.
  
      Section 2254 of title 28, United States Code, is amended by adding 
  the following:
      ``(h)(1) A district court shall decline to consider a claim under 
  this section if--
              ``(A) the applicant previously failed to raise the claim in 
          State court at the time and in the manner prescribed by State 
          law; the State courts, for that reason, refused or would refuse 
          to entertain the claim; such refusal would constitute an 
          adequate and independent State law ground that would foreclose 
          direct review of the State court judgment in the Supreme Court 
          of the United States; and
              ``(B) the applicant fails to show cause for the failure to 
          raise the claim in State court and prejudice to the applicant's 
          right to fair proceedings or to an accurate outcome resulting 
          from the alleged violation of the Federal right asserted, or 
          that failure to consider the claim would result in a 
          miscarriage of justice.
      ``(2) The court shall not find cause in any case in which it 
  appears that the applicant or counsel deliberately withheld a claim 
  from the State courts for strategic purposes. An applicant may 
  establish cause by showing that--
              ``(A) the factual basis of the claim could not have been 
          discovered by the exercise of reasonable diligence before the 
          applicant could have raised the claim in State court;
              ``(B) the claim relies on a decision of the Supreme Court 
          of the United States, announced after the applicant might have 
          raised the claim in State court; or
              ``(C) the failure to raise the claim in State court was due 
          to interference by State officials, counsel's ignorance or 
          neglect, or counsel's ineffective assistance in violation of 
          the Constitution.''.
  HR 4018 RH----2
target: Habeas Corpus Revision Act of 1994 - Amends the Federal judicial code to revise provisions governing habeas corpus procedures, particularly in capital cases. 
  Establishes a statute of limitations of one year for the filing of an application for habeas corpus relief from a sentence of death. Prescribes periods during which such time requirement shall be tolled, including any period during which the applicant is not represented by counsel.  Provides for dismissal of an application for failure to comply with such time requirement, except where the waiver of such requirement is warranted by exceptional circumstances. 
  (Sec. 3) Specifies requirements for stays of execution in capital cases. 
  (Sec. 4) Prohibits the court from applying a new rule representing a clear break from precedent announced by the U.S.  Supreme Court that could not have reasonably been anticipated at the time the claimant's sentence became final in State court, unless such rule:  (1) places the claimant's conduct beyond the power of the criminal law-making authority to proscribe or punish with the sanction imposed; or (2) requires the observance of procedures without which the likelihood of an accurate conviction or valid capital sentence is seriously diminished. 
  (Sec. 5) Bars the court from presuming a finding of fact made in certain State court proceedings to be correct or from declining to consider a claim on the ground that it was not raised in such a proceeding at the time or in the manner prescribed by State law, unless:  (1) the relevant State maintains a mechanism for providing legal services to indigents in capital cases which meets specified requirements; (2) the State actually appointed an attorney to represent an applicant who was eligible for and did not waive such appointment in the State proceeding in which the finding of fact was made or the default occurred; and (3) any attorney so appointed substantially met specified qualification standards and the performance standards established by the appointing authority. 
  (Sec. 6) Requires that, in the case of an applicant for Federal habeas corpus relief under sentence of death, a claim presented in a second or successive application be dismissed unless the applicant shows that:  (1) the basis of the claim could not have been discovered by the exercise of reasonable diligence before the applicant filed the prior application, or the failure to raise the claim in the prior application was due to action by State officials in violation of the U.S. Constitution; and (2) the facts underlying the claim would be sufficient, if proven, to undermine the court's confidence in the applicant's guilt of the offense for which the capital sentence was imposed, or in the validity of that sentence under Federal law. 
  (Sec. 7) Grants an applicant under sentence of death the right to appeal without a certification of probable cause, except after denial of a second or successive application. 
  (Sec. 8) Requires the district court, in adjudicating habeas corpus cases, to:  (1) exercise independent judgment in ascertaining the pertinent Federal legal standards and in applying those standards to the facts when adjudicating the merits of a particular ground (rather than deferring to a previous State court judgment regarding a Federal legal standard or its application); (2) issue habeas corpus relief at any time on behalf of an applicant under sentence of death imposed either in Federal or State court who offers newly discovered evidence which, had it been presented to the trier of fact or sentencing authority at trial, would probably have resulted in an acquittal of the offense for which the death sentence was imposed or a sentence other than death; and (3) decline to consider a habeas corpus claim under specified circumstances.
feat_title: Habeas Corpus Revision Act of 1994