Sets forth: (1) guidelines for the court to use in ordering DNA testing; (2) post-testing procedures; (3) provisions regarding preservation of evidence; (4) criminal penalties for destroying or altering DNA evidence; and (5) provisions regarding post-conviction DNA testing in State criminal justice systems.
Prohibits a State from denying an application for DNA testing made by a prisoner in State custody who is under sentence of death if specified conditions apply. Provides grants to prosecutors for DNA testing programs.
Establishes the National Commission on Capital Representation. Withholds funds from States not complying with standards for capital representation. Provides for capital defense incentive grants and resource grants.
Increases compensation in Federal cases, and sets forth provisions regarding compensation in State cases, where an individual is unjustly sentenced to death. Adds a certification requirement in Federal death penalty prosecutions. Expresses the sense of Congress regarding the execution of juvenile offenders and the mentally retarded.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 912 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 912
To reduce the risk that innocent persons may be executed, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 7, 2001
Mr. Delahunt (for himself, Mr. LaHood, Mr. Conyers, Mr. Bass, Mr.
Scott, Mr. Boehlert, Mr. Abercrombie, Mrs. Emerson, Mr. Allen, Mr.
Foley, Mr. Baldacci, Ms. Hart, Ms. Baldwin, Mr. Houghton, Mr. Barrett
of Wisconsin, Mr. King, Ms. Berkley, Mr. McHugh, Mr. Berman, Mrs.
Morella, Mr. Blumenauer, Mr. Petri, Mr. Bonior, Ms. Pryce of Ohio, Ms.
Brown of Florida, Mr. Quinn, Mr. Brown of Ohio, Mr. Ramstad, Mr.
Capuano, Mr. Scarborough, Ms. Carson of Indiana, Mr. Shays, Mrs.
Christensen, Mr. Smith of New Jersey, Mr. Clay, Mr. Upton, Mr. Coyne,
Mr. Walsh, Mr. Crowley, Ms. DeGette, Ms. DeLauro, Mr. Engel, Ms. Eshoo,
Mr. Evans, Mr. Faleomavaega, Mr. Farr of California, Mr. Fattah, Mr.
Filner, Mr. Ford, Mr. Frank, Mr. Gonzalez, Mr. Gutierrez, Mr. Hastings
of Florida, Mr. Hilliard, Mr. Hinchey, Mr. Hoeffel, Ms. Hooley of
Oregon, Mr. Israel, Mr. Jackson of Illinois, Ms. Jackson-Lee of Texas,
Mr. Jefferson, Mr. Kennedy of Rhode Island, Mr. Kildee, Ms. Kilpatrick,
Mr. Kind, Mr. Kucinich, Mr. LaFalce, Mr. Lampson, Mr. Lantos, Ms. Lee,
Mr. Lewis of Georgia, Mr. Lipinski, Mrs. Lowey, Mr. Luther, Mr. Markey,
Mrs. McCarthy of New York, Ms. McCarthy of Missouri, Ms. McCollum, Mr.
McDermott, Mr. McGovern, Ms. McKinney, Mr. McNulty, Mrs. Meek of
Florida, Mr. Meeks of New York, Mr. George Miller of California, Mr.
Moakley, Mr. Moore, Mr. Nadler, Mr. Neal of Massachusetts, Ms. Norton,
Mr. Olver, Mr. Pastor, Mr. Payne, Ms. Pelosi, Mr. Pomeroy, Mr. Price of
North Carolina, Ms. Rivers, Mr. Rodriguez, Mr. Roemer, Ms. Sanchez, Mr.
Sandlin, Mr. Sawyer, Ms. Schakowsky, Mr. Sherman, Ms. Slaughter, Mr.
Smith of Washington, Mr. Stark, Mr. Stupak, Mr. Thompson of
Mississippi, Mr. Tierney, Mrs. Jones of Ohio, Mr. Udall of Colorado,
Ms. Velazquez, Ms. Waters, Mr. Watt of North Carolina, Mr. Waxman, Mr.
Weiner, Mr. Wexler, and Mr. Wynn) introduced the following bill; which
was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To reduce the risk that innocent persons may be executed, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Innocence
Protection Act of 2001''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--EXONERATING THE INNOCENT THROUGH DNA TESTING
Sec. 101. Findings and purposes.
Sec. 102. Post-conviction DNA testing in Federal criminal justice
system.
Sec. 103. Post-conviction DNA testing in State criminal justice
systems.
Sec. 104. Prohibition pursuant to section 5 of the 14th amendment.
Sec. 105. Grants to prosecutors for DNA testing programs.
TITLE II--ENSURING COMPETENT LEGAL SERVICES IN CAPITAL CASES
Sec. 201. National Commission on Capital Representation.
Sec. 202. Capital defense incentive grants.
Sec. 203. Amendments to prison grant programs.
Sec. 204. Effect on procedural default rules.
Sec. 205. Capital defense resource grants.
TITLE III--MISCELLANEOUS PROVISIONS
Sec. 301. Increased compensation in Federal cases.
Sec. 302. Compensation in State death penalty cases.
Sec. 303. Certification requirement in Federal death penalty
prosecutions.
Sec. 304. Alternative of life imprisonment without possibility of
release.
Sec. 305. Right to an informed jury.
Sec. 306. Annual reports.
Sec. 307. Sense of Congress regarding the execution of juvenile
offenders and the mentally retarded.
TITLE I--EXONERATING THE INNOCENT THROUGH DNA TESTING
SEC. 101. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) Over the past decade, deoxyribonucleic acid testing
(referred to in this section as ``DNA testing'') has emerged as
the most reliable forensic technique for identifying criminals
when biological material is left at a crime scene.
(2) Because of its scientific precision, DNA testing can,
in some cases, conclusively establish the guilt or innocence of
a criminal defendant. In other cases, DNA testing may not
conclusively establish guilt or innocence, but may have
significant probative value to a finder of fact.
(3) While DNA testing is increasingly commonplace in
pretrial investigations today, it was not widely available in
cases tried prior to 1994. Moreover, new forensic DNA testing
procedures have made it possible to get results from minute
samples that could not previously be tested, and to obtain more
informative and accurate results than earlier forms of forensic
DNA testing could produce. Consequently, in some cases
convicted inmates have been exonerated by new DNA tests after
earlier tests had failed to produce definitive results.
(4) Since DNA testing is often feasible on relevant
biological material that is decades old, it can, in some
circumstances, prove that a conviction that predated the
development of DNA testing was based upon incorrect factual
findings. Uniquely, DNA evidence showing innocence, produced
decades after a conviction, provides a more reliable basis for
establishing a correct verdict than any evidence proffered at
the original trial. DNA testing, therefore, can and has
resulted in the post-conviction exoneration of innocent men and
women.
(5) In more than 80 cases in the United States, DNA
evidence has led to the exoneration of innocent men and women
who were wrongfully convicted. This number includes at least 10
individuals sentenced to death, some of whom came within days
of being executed.
(6) In more than a dozen cases, post-conviction DNA testing
that has exonerated an innocent person has also enhanced public
safety by providing evidence that led to the identification of
the actual perpetrator.
(7) Experience has shown that it is not unduly burdensome
to make DNA testing available to inmates. The cost of that
testing is relatively modest and has decreased in recent years.
Moreover, the number of cases in which post-conviction DNA
testing is appropriate is small, and will decrease as pretrial
testing becomes more common.
(8) Under current Federal and State law, it is difficult to
obtain post-conviction DNA testing because of time limits on
introducing newly discovered evidence. Under Federal law,
motions for a new trial based on newly discovered evidence must
be made within 3 years after conviction. In most States, those
motions must be made not later than 2 years after conviction,
and sometimes much sooner. The result is that laws intended to
prevent the use of evidence that has become less reliable over
time have been used to preclude the use of DNA evidence that
remains highly reliable even decades after trial.
(9) The National Commission on the Future of DNA Evidence,
a Federal panel established by the Department of Justice and
comprised of law enforcement, judicial, and scientific experts,
has urged that post-conviction DNA testing be permitted in the
relatively small number of cases in which it is appropriate,
notwithstanding procedural rules that could be invoked to
preclude that testing, and notwithstanding the inability of an
inmate to pay for the testing.
(10) Since New York passed the Nation's first post-
conviction DNA statute in 1994, only a few States have adopted
post-conviction DNA testing procedures, and some of these
procedures are unduly restrictive. Moreover, only a handful of
States have passed legislation requiring that biological
evidence be adequately preserved.
(11) In 1994, Congress passed the DNA Identification Act,
which authorized the construction of the Combined DNA Index
System, a national database to facilitate law enforcement
exchange of DNA identification information, and authorized
funding to improve the quality and availability of DNA testing
for law enforcement identification purposes. In 2000, Congress
passed the DNA Analysis Backlog Elimination Act and the Paul
Coverdell Forensic Sciences Improvement Act, which together
authorized an additional $908,000,000 over 6 years in DNA-
related grants.
(12) Congress should continue to provide financial
assistance to the States to increase the capacity of State and
local laboratories to carry out DNA testing for law enforcement
identification purposes. At the same time, Congress should
insist that States which accept financial assistance make DNA
testing available to both sides of the adversarial system in
order to enhance the reliability and integrity of that system.
(13) In Herrera v. Collins, 506 U.S. 390 (1993), a majority
of the members of the Court suggested that a persuasive showing
of innocence made after trial would render the execution of an
inmate unconstitutional.
(14) It shocks the conscience and offends social standards
of fairness and decency to execute innocent persons or to deny
inmates the opportunity to present persuasive evidence of their
innocence.
(15) If biological material is not subjected to DNA testing
in appropriate cases, there is a significant risk that
persuasive evidence of innocence will not be detected and,
accordingly, that innocent persons will be unconstitutionally
executed.
(16) Given the irremediable constitutional harm that would
result from the execution of an innocent person and the failure
of many States to ensure that innocent persons are not
sentenced to death, a Federal statute assuring the availability
of DNA testing and a chance to present the results of testing
in court is a congruent and proportional prophylactic measure
to prevent constitutional injuries from occurring.
(b) Purposes.--The purposes of this title are to--
(1) substantially implement the Recommendations of the
National Commission on the Future of DNA Evidence in the
Federal criminal justice system, by authorizing DNA testing in
appropriate cases;
(2) prevent the imposition of unconstitutional punishments
through the exercise of power granted by clause 1 of section 8
and clause 2 of section 9 of article I of the Constitution of
the United States and section 5 of the 14th amendment to the
Constitution of the United States; and
(3) ensure that wrongfully convicted persons have an
opportunity to establish their innocence through DNA testing,
by requiring the preservation of DNA evidence for a limited
period.
SEC. 102. POST-CONVICTION DNA TESTING IN FEDERAL CRIMINAL JUSTICE
SYSTEM.
(a) In General.--Part VI of title 28, United States Code, is
amended by inserting after chapter 155 the following:
``CHAPTER 156--DNA TESTING
``Sec.
``2291. DNA testing.
``2292. Preservation of evidence.
``Sec. 2291. DNA testing
``(a) Application.--Notwithstanding any other provision of law, a
person convicted of a Federal crime may apply to the appropriate
Federal court for DNA testing to support a claim that the person did
not commit--
``(1) the Federal crime of which the person was convicted;
or
``(2) any other offense that a sentencing authority may
have relied upon when it sentenced the person with respect to
the Federal crime either to death or to an enhanced term of
imprisonment as a career offender or armed career criminal.
``(b) Notice to Government.--The court shall notify the Government
of an application made under subsection (a) and shall afford the
Government an opportunity to respond.
``(c) Preservation Order.--The court shall order that all evidence
secured in relation to the case that could be subjected to DNA testing
must be preserved during the pendency of the proceeding. The court may
impose appropriate sanctions, including criminal contempt, for the
intentional destruction of evidence after such an order.
``(d) Order.--
``(1) In general.--The court shall order DNA testing
pursuant to an application made under subsection (a) upon a
determination that--
``(A) the evidence is still in existence, and in
such a condition that DNA testing may be conducted;
``(B) the evidence was never previously subjected
to DNA testing, or was not subject to the type of DNA
testing that is now requested and that may resolve an
issue not resolved by previous testing;
``(C) the proposed DNA testing uses a
scientifically valid technique; and
``(D) the proposed DNA testing has the scientific
potential to produce new, noncumulative evidence
material to the claim of the applicant that the
applicant did not commit--
``(i) the Federal crime of which the
applicant was convicted; or
``(ii) any other offense that a sentencing
authority may have relied upon when it
sentenced the applicant with respect to the
Federal crime either to death or to an enhanced
term of imprisonment as a career offender or
armed career criminal.
``(2) Limitation.--The court shall not order DNA testing
under paragraph (1) if the Government proves by a preponderance
of the evidence that the application for testing was made to
unreasonably delay the execution of sentence or administration
of justice, rather than to support a claim described in
paragraph (1)(D).
``(3) Testing procedures.--If the court orders DNA testing
under paragraph (1), the court shall impose reasonable
conditions on such testing designed to protect the integrity of
the evidence and the testing process and the reliability of the
test results.
``(e) Cost.--The cost of DNA testing ordered under subsection (c)
shall be borne by the Government or the applicant, as the court may
order in the interests of justice, except that an applicant shall not
be denied testing because of an inability to pay the cost of testing.
``(f) Counsel.--The court may at any time appoint counsel for an
indigent applicant under this section pursuant to section
3006A(a)(2)(B) of title 18.
``(g) Post-Testing Procedures.--
``(1) Inconclusive results.--If the results of DNA testing
conducted under this section are inconclusive, the court may
order such further testing as may be appropriate or dismiss the
application.
``(2) Results unfavorable to applicant.--If the results of
DNA testing conducted under this section inculpate the
applicant, the court shall--
``(A) dismiss the application;
``(B) assess the applicant for the cost of the
testing; and
``(C) make such further orders as may be
appropriate.
``(3) Results favorable to applicant.--If the results of
DNA testing conducted under this section are favorable to the
applicant, the court shall order a hearing and thereafter make
such further orders as may be appropriate under applicable
rules and statutes regarding post-conviction proceedings,
notwithstanding any provision of law that would bar such
hearing or orders as untimely.
``(h) Rules of Construction.--
``(1) Other post-conviction relief unaffected.--Nothing in
this section shall be construed to limit the circumstances
under which a person may obtain DNA testing or other post-
conviction relief under any other provision of law.
``(2) Finality rule unaffected.--An application under this
section shall not be considered a motion under section 2255 for
purposes of determining whether it or any other motion is a
second or successive motion under section 2255.
``(i) Definitions.--In this section:
``(1) Appropriate federal court.--The term `appropriate
Federal court' means--
``(A) the United States District Court which
imposed the sentence from which the applicant seeks
relief; or
``(B) in relation to a crime under the Uniform Code
of Military Justice, the United States District Court
having jurisdiction over the place where the court
martial was convened that imposed the sentence from
which the applicant seeks relief, or the United States
District Court for the District of Columbia, if no
United States District Court has jurisdiction over the
place where the court martial was convened.
``(2) Federal crime.--The term `Federal crime' includes a
crime under the Uniform Code of Military Justice.
``Sec. 2292. Preservation of evidence
``(a) In General.--Notwithstanding any other provision of law and
subject to subsection (b), the Government shall preserve all evidence
that was secured in relation to the investigation or prosecution of a
Federal crime (as that term is defined in section 2291(i)), and that
could be subjected to DNA testing, for not less than the period of time
that any person remains subject to incarceration in connection with the
investigation or prosecution.
``(b) Exceptions.--The Government may dispose of evidence before
the expiration of the period of time described in subsection (a) if--
``(1) other than subsection (a), no statute, regulation,
court order, or other provision of law requires that the
evidence be preserved; and
``(2)(A)(i) the Government notifies any person who remains
incarcerated in connection with the investigation or
prosecution and any counsel of record for such person (or, if
there is no counsel of record, the public defender for the
judicial district in which the conviction for such person was
imposed), of the intention of the Government to dispose of the
evidence and the provisions of this chapter; and
``(ii) the Government affords such person not less than 180
days after such notification to make an application under
section 2291(a) for DNA testing of the evidence; or
``(B)(i) the evidence must be returned to its rightful
owner, or is of such a size, bulk, or physical character as to
render retention impracticable; and
``(ii) the Government takes reasonable measures to remove
and preserve portions of the material evidence sufficient to
permit future DNA testing.
``(c) Remedies for Noncompliance.--
``(1) General limitation.--Nothing in this section shall be
construed to give rise to a claim for damages against the
United States, or any employee of the United States, any court
official or officer of the court, or any entity contracting
with the United States.
``(2) Civil penalty.--
``(A) In general.--Notwithstanding paragraph (1),
an individual who knowingly violates a provision of
this section or a regulation prescribed under this
section shall be liable to the United States for a
civil penalty in an amount not to exceed $1,000 for the
first violation and $5,000 for each subsequent
violation, except that the total amount imposed on the
individual for all such violations during a calendar
year may not exceed $25,000.
``(B) Procedures.--The provisions of section 405 of
the Controlled Substances Act (21 U.S.C. 844a) (other
than subsections (a) through (d) and subsection (j))
shall apply to the imposition of a civil penalty under
subparagraph (A) in the same manner as such provisions apply to the
imposition of a penalty under section 405.
``(C) Prior conviction.--A civil penalty may not be
assessed under subparagraph (A) with respect to an act
if that act previously resulted in a conviction under
chapter 73 of title 18.
``(3) Regulations.--
``(A) In general.--The Attorney General shall
promulgate regulations to implement and enforce this
section.
``(B) Contents.--The regulations shall include the
following:
``(i) Disciplinary sanctions, including
suspension or termination from employment, for
employees of the Department of Justice who
knowingly or repeatedly violate a provision of
this section.
``(ii) An administrative procedure through
which parties can file formal complaints with
the Department of Justice alleging violations
of this section.''.
(b) Criminal Penalty.--Chapter 73 of title 18, United States Code,
is amended by inserting at the end the following:
``Sec. 1519. Destruction or altering of DNA evidence
``Whoever willfully or maliciously destroys, alters, conceals, or
tampers with evidence that is required to be preserved under section
2292 of title 28, United States Code, with intent to--
``(1) impair the integrity of that evidence;
``(2) prevent that evidence from being subjected to DNA
testing; or
``(3) prevent the production or use of that evidence in an
official proceeding,
shall be fined under this title or imprisoned not more than 5
years, or both.''.
(c) Technical and Conforming Amendments.--
(1) The analysis for part VI of title 28, United States
Code, is amended by inserting after the item relating to
chapter 155 the following:
``156. DNA testing.......................................... 2291''.
(2) The table of contents for Chapter 73 of title 18,
United States Code, is amended by inserting after the item
relating to section 1518 the following:
``1519. Destruction or altering of DNA Evidence.''.
SEC. 103. POST-CONVICTION DNA TESTING IN STATE CRIMINAL JUSTICE
SYSTEMS.
(a) Certification Regarding Post-Conviction Testing and
Preservation of DNA Evidence.--If any part of funds received from a
grant made under a program listed in subsection (b) is to be used to
develop or improve a DNA analysis capability in a forensic laboratory,
or to collect, analyze, or index DNA samples for law enforcement
identification purposes, the State applying for that grant must certify
that it will--
(1) make post-conviction DNA testing available to any
person convicted of a State crime in a manner consistent with
section 2291 of title 28, United States Code, and, if the
results of such testing are favorable to such person, allow
such person to apply for post-conviction relief,
notwithstanding any provision of law that would bar such
application as untimely; and
(2) preserve all evidence that was secured in relation to
the investigation or prosecution of a State crime, and that
could be subjected to DNA testing, for not less than the period
of time that such evidence would be required to be preserved
under section 2292 of title 28, United States Code, if the
evidence were related to a Federal crime.
(b) Programs Affected.--The certification requirement established
by subsection (a) shall apply with respect to grants made under the
following programs:
(1) DNA analysis backlog elimination grants.--Section 2 of
the DNA Analysis Backlog Elimination Act of 2000 (Public Law
106-546).
(2) Paul coverdell national forensic sciences improvement
grants.--Part BB of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (as added by Public Law 106-561).
(3) DNA identification grants.--Part X of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796kk et seq.).
(4) Drug control and system improvement grants.--Subpart 1
of part E of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3751 et seq.).
(5) Public safety and community policing grants.--Part Q of
title I of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796dd et seq.).
(c) Effective Date.--This section shall apply with respect to any
grant made on or after the date that is 1 year after the date of
enactment of this Act.
SEC. 104. PROHIBITION PURSUANT TO SECTION 5 OF THE 14TH AMENDMENT.
(a) Application for DNA Testing.--No State shall deny an
application for DNA testing made by a prisoner in State custody who is
under sentence of death, if the proposed DNA testing has the scientific
potential to produce new, noncumulative evidence material to the claim
of the prisoner that the prisoner did not commit--
(1) the offense for which the prisoner was sentenced to
death; or
(2) any other offense that a sentencing authority may have
relied upon when it sentenced the prisoner to death.
(b) Opportunity To Present Results of DNA Testing.--No State shall
rely upon a time limit or procedural default rule to deny a prisoner in
State custody who is under sentence of death an opportunity to present
in an appropriate State court new, noncumulative DNA results that
establish a reasonable probability that the prisoner did not commit an
offense described in subsection (a).
(c) Remedy.--A prisoner in State custody who is under sentence of
death may enforce subsections (a) and (b) in a civil action for
declaratory or injunctive relief, filed either in a State court of
general jurisdiction or in a district court of the United States,
naming an executive or judicial officer of the State as defendant.
(d) Finality Rule Unaffected.--An application under this section
shall not be considered an application for a writ of habeas corpus
under section 2254 of title 28, United States Code, for purposes of
determining whether it or any other application is a second or
successive application under section 2254.
SEC. 105. GRANTS TO PROSECUTORS FOR DNA TESTING PROGRAMS.
Section 501(b) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3751(b)) is amended by--
(1) striking ``and'' at the end of paragraph (25);
(2) striking the period at the end of paragraph (26) and
inserting ``; and''; and
(3) adding at the end the following:
``(27) prosecutor-initiated programs to conduct a
systematic review of convictions to identify cases in which DNA
testing is appropriate and to offer DNA testing to inmates in
such cases.''.
TITLE II--ENSURING COMPETENT LEGAL SERVICES IN CAPITAL CASES
SEC. 201. NATIONAL COMMISSION ON CAPITAL REPRESENTATION.
(a) Establishment.--There is established the National Commission on
Capital Representation (referred to in this section as the
``Commission'').
(b) Duties.--The Commission shall--
(1) survey existing and proposed systems for appointing
counsel in capital cases, and the amounts actually paid by
governmental entities for capital defense services; and
(2) formulate standards specifying the elements of an
effective system for providing adequate representation,
including counsel and investigative, expert, and other services
necessary for adequate representation, to--
(A) indigents charged with offenses for which
capital punishment is sought;
(B) indigents who have been sentenced to death and
who seek appellate or collateral review in State court;
and
(C) indigents who have been sentenced to death and
who seek certiorari review in the Supreme Court of the
United States.
(c) Elements.--The elements of an effective system described in
subsection (b)(2) shall include--
(1) a centralized and independent appointing authority,
which shall--
(A) recruit attorneys who are qualified to be
appointed in the proceedings specified in subsection
(b)(2);
(B) draft and annually publish a roster of
qualified attorneys;
(C) draft and annually publish qualifications and
performance standards that attorneys must satisfy to be
listed on the roster and procedures by which qualified
attorneys are identified;
(D) periodically review the roster, monitor the
performance of all attorneys appointed, provide a
mechanism by which members of the relevant State Bar
may comment on the performance of their peers, and
delete the name of any attorney who fails to
satisfactorily complete regular training programs on
the representation of clients in capital cases, fails
to meet performance standards in a case to which the
attorney is appointed, or otherwise fails to
demonstrate continuing competence to represent clients
in capital cases;
(E) conduct or sponsor specialized training
programs for attorneys representing clients in capital
cases;
(F) appoint lead counsel and co-counsel from the
roster to represent a client in a capital case promptly
upon receiving notice of the need for an appointment
from the relevant State court; and
(G) report the appointment, or the failure of the
client to accept such appointment, to the court
requesting the appointment;
(2) adequate compensation of private attorneys for actual
time and service, computed on an hourly basis and at a
reasonable hourly rate in light of the qualifications and
experience of the attorney and the local market for legal
representation in cases reflecting the complexity and
responsibility of capital cases;
(3) reimbursement of private attorneys and public defender
organizations for attorney expenses reasonably incurred in the
representation of a client in a capital case; and
(4) reimbursement of private attorneys and public defender
organizations for the reasonable costs of law clerks,
paralegals, investigators, experts, scientific tests, and other
support services necessary in the representation of a client in
a capital case.
(d) Membership.--
(1) Number and appointment.--The Commission shall be
composed of 9 members, as follows:
(A) Four members appointed by the President on the
basis of their expertise and eminence within the field
of criminal justice, 2 of whom have 10 years or more
experience in representing defendants in State capital
proceedings, including trial, direct appeal, or post-
conviction proceedings, and 2 of whom have 10 years or
more experience in prosecuting defendants in such
proceedings.
(B) Two members appointed by the Conference of
Chief Justices, from among the members of the
judiciaries of the several States.
(C) Two members appointed by the Chief Justice of
the United States, from among the members of the
Federal Judiciary.
(D) The Chairman of the Committee on Defender
Services of the Judicial Conference of the United
States, or a designee of the Chairman.
(2) Ex officio member.--The Executive Director of the State
Justice Institute, or a designee of the Executive Director,
shall serve as an ex officio nonvoting member of the
Commission.
(3) Political affiliation.--Not more than 2 members
appointed under paragraph (1)(A) may be of the same political
party.
(4) Geographic distribution.--The appointment of
individuals under paragraph (1) shall, to the maximum extent
practicable, be made so as to ensure that different geographic
areas of the United States are represented in the membership of
the Commission.
(5) Terms.--Members of the Commission appointed under
subparagraphs (A), (B), and (C) of paragraph (1) shall be
appointed for the life of the Commission.
(6) Deadline for appointments.--All appointments to the
Commission shall be made not later than 45 days after the date
of enactment of this Act.
(7) Vacancies.--A vacancy in the Commission shall not
affect its powers, and shall be filled in the same manner in
which the original appointment was made.
(8) No compensation.--Members of the Commission shall serve
without compensation for their service.
(9) Travel expenses.--Members of the Commission shall
receive travel expenses, including per diem in lieu of
subsistence, in accordance with sections 5702 and 5703 of title
5, United States Code.
(10) Quorum.--A majority of the members of the Commission
shall constitute a quorum, but a lesser number may hold
hearings.
(11) Initial meeting.--The initial meeting of the
Commission shall occur not later than 30 days after the date on
which all initial members of the Commission have been
appointed.
(12) Chairperson.--At the initial meeting of the
Commission, a majority of the members of the Commission present
and voting shall elect a Chairperson from among the members of
the Commission appointed under paragraph (1).
(e) Staff.--
(1) In general.--The Commission may appoint and fix the pay
of such personnel as the Commission considers appropriate.
(2) Experts and consultants.--The Commission may procure
temporary and intermittent services under section 3109(b) of
title 5, United States Code.
(f) Powers.--
(1) Information-gathering activities.--The Commission may,
for the purpose of carrying out this section, hold hearings,
receive public comment and testimony, initiate surveys, and
undertake such other activities to gather information as the
Commission may find advisable.
(2) Obtaining official information.--The Commission may
secure directly from any department or agency of the United
States such information as the Commission considers necessary
to carry out this section. Upon request of the chairperson of
the Commission, the head of that department or agency shall
provide such information, except to the extent prohibited by
law.
(3) Administrative support services.--Upon the request of
the Commission, the Administrator of General Services shall
provide to the Commission, on a reimbursable basis, the
administrative support services necessary for the Commission to
carry out its responsibilities under this section.
(4) Postal services.--The Commission may use the United
States mails in the same manner and under the same conditions
as other departments and agencies of the United States.
(g) Report.--
(1) In general.--The Commission shall submit a report to
the President and the Congress before the end of the 1-year
period beginning after the first meeting of all members of the
Commission.
(2) Contents.--The report submitted under paragraph (1)
shall contain--
(A) a comparative analysis of existing and proposed
systems for appointing counsel in capital cases, and
the amounts actually paid by governmental entities for
capital defense services; and
(B) such standards as are formulated by the
Commission pursuant to subsection (b)(2), together with
such commentary and recommendations as the Commission
considers appropriate.
(h) Termination.--The Commission shall terminate 90 days after
submitting the report under subsection (g).
(i) Expenses of Commission.--There are authorized to be
appropriated to pay any expenses of the Commission such sums as may be
necessary not to exceed $1,000,000. Any sums appropriated for such
purposes are authorized to remain available until expended, or until
the termination of the Commission pursuant to subsection (h), whichever
occurs first.
SEC. 202. CAPITAL DEFENSE INCENTIVE GRANTS.
The State Justice Institute Act of 1984 (42 U.S.C. 10701 et seq.)
is amended by inserting after section 207 the following:
``SEC. 207A. CAPITAL DEFENSE INCENTIVE GRANTS.
``(a) Program Authorized.--The State Justice Institute (referred to
in this section as the `Institute') may make grants to State agencies
and organizations responsible for the administration of standards of
legal competence for counsel in capital cases, for the purposes of--
``(1) implementing new mechanisms or supporting existing
mechanisms for providing representation in capital cases that
comply with the standards promulgated by the National
Commission on Capital Representation pursuant to section 201(b)
of the Innocence Protection Act of 2001; and
``(2) otherwise improving the quality of legal
representation in capital cases.
``(b) Use of Funds.--Funds made available under this section may be
used for any purpose that the Institute determines is likely to achieve
the purposes described in subsection (a), including--
``(1) training and development of training capacity to
ensure that attorneys assigned to capital cases meet such
standards;
``(2) augmentation of attorney, paralegal, investigator,
expert witness, and other staff and services necessary for
capital defense; and
``(3) development of new mechanisms for addressing
complaints about attorney competence and performance in capital
cases.
``(c) Applications.--
``(1) In general.--No grant may be made under this section
unless an application has been submitted to, and approved by,
the Institute.
``(2) Application.--An application for a grant under this
section shall be submitted in such form, and contain such
information, as the Institute may prescribe by regulation or
guideline.
``(3) Contents.--In accordance with the regulations or
guidelines established by the Institute, each application for a
grant under this section shall--
``(A) include a long-term strategy and detailed
implementation program that reflects consultation with
the organized bar of the State, the highest court of
the State, and the Attorney General of the State, and
reflects consideration of a statewide strategy; and
``(B) specify plans for obtaining necessary support
and continuing the proposed program following the
termination of Federal support.
``(d) Rules and Regulations.--The Institute may issue rules,
regulations, guidelines, and instructions, as necessary, to carry out
the purposes of this section.
``(e) Technical Assistance and Training.--To assist and measure the
effectiveness and performance of programs funded under this section,
the Institute may provide technical assistance and training, as
required.
``(f) Grant Period.--A grant under this section shall be made for a
period not longer than 3 years, but may be renewed on such terms as the
Institute may require.
``(g) Limitations on Use of Funds.--
``(1) Nonsupplanting requirement.--Funds made available
under this section shall not be used to supplant State or local
funds, but shall be used to supplement the amount of funds that
would, in the absence of Federal funds received under this
section, be made available from States or local sources.
``(2) Federal share.--The Federal share of a grant made
under this part may not exceed--
``(A) for the first fiscal year for which a program
receives assistance, 75 percent of the total costs of
such program; and
``(B) for subsequent fiscal years for which a
program receives assistance, 50 percent of the total
costs of such program.
``(3) Administrative costs.--A State agency or organization
may not use more than 5 percent of the funds it receives from
this section for administrative expenses, including expenses
incurred in preparing reports under subsection (h).
``(h) Report.--Each State agency or organization that receives a
grant under this section shall submit to the Institute, at such times
and in such format as the Institute may require, a report that
contains--
``(1) a summary of the activities carried out under the
grant and an assessment of the effectiveness of such activities
in achieving ongoing compliance with the standards formulated
pursuant to section 201(b) of the Innocence Protection Act of
2001 and improving the quality of representation in capital
cases; and
``(2) such other information as the Institute may require.
``(i) Report to Congress.--Not later than 90 days after the end of
each fiscal year for which grants are made under this section, the
Institute shall submit to Congress a report that includes--
``(1) the aggregate amount of grants made under this part
to each State agency or organization for such fiscal year;
``(2) a summary of the information provided in compliance
with subsection (h); and
``(3) an independent evaluation of the effectiveness of the
programs that received funding under this section in achieving
ongoing compliance with the standards formulated pursuant to
section 201(b) of the Innocence Protection Act of 2001 and
improving the quality of representation in capital cases.
``(j) Definitions.--In this section--
``(1) the term `capital case'--
``(A) means any criminal case in which a defendant
prosecuted in a State court is subject to a sentence of
death or in which a death sentence has been imposed; and
``(B) includes all proceedings filed in connection
with the case, up to and including direct appellate
review and post-conviction review in State court; and
``(2) the term `representation' includes counsel and
investigative, expert, and other services necessary for
adequate representation.
``(k) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out this section, in addition to other amounts
authorized by this Act, to remain available until expended,
$50,000,000 for fiscal year 2002, and such sums as may be
necessary for fiscal years 2003 and 2004.
``(2) Technical assistance and training.--Not more than 3
percent of the amount made available under paragraph (1) for a
fiscal year shall be available for technical assistance and
training activities by the Institute under subsection (e).
``(3) Evaluations.--Up to 5 percent of the amount
authorized to be appropriated under paragraph (1) in any fiscal
year may be used for administrative expenses, including
expenses incurred in preparing reports under subsection (i).''.
SEC. 203. AMENDMENTS TO PRISON GRANT PROGRAMS.
(a) In General.--Subtitle A of title II of the Violent Crime
Control and Law Enforcement Act of 1994 (42 U.S.C. 13701 et seq.) is
amended by adding at the end the following:
``SEC. 20110. STANDARDS FOR CAPITAL REPRESENTATION.
``(a) Withholding of Funds for Noncompliance With Standards for
Capital Representation.--
``(1) In general.--The Attorney General shall withhold a
portion of any grant funds awarded to a State or unit of local
government under this subtitle on the first day of each fiscal
year after the second fiscal year beginning after September 30,
2001, if such State, or the State to which such unit of local
government appertains--
``(A) prescribes, authorizes, or permits the
penalty of death for any offense, and sought, imposed,
or administered such penalty at any time during the
preceding 5 fiscal years; and
``(B) has not established or does not maintain an
effective system for providing adequate representation
for indigent persons in capital cases, in compliance
with the standards formulated by the National
Commission on Capital Representation pursuant to
section 201(b) of the Innocence Protection Act of 2001.
``(2) Withholding formula.--The amount to be withheld under
paragraph (1) shall be, in the first fiscal year that a State
is not in compliance, 10 percent of any grant funds awarded
under this subtitle to such State and any unit of local
government appertaining thereto, and shall increase by 10
percent for each year of noncompliance thereafter, up to a
maximum of 60 percent.
``(3) Disposition of withheld funds.--Funds withheld under
this subsection from apportionment to any State or unit of
local government shall be allotted by the Attorney General and
paid to the States and units of local government receiving a
grant under this subtitle, other than any State referred to in
paragraph (1), and any unit of local government appertaining
thereto, in a manner equivalent to the manner in which the
allotment under this subtitle was determined.
``(b) Waiver of Withholding Requirement.--
``(1) In general.--The Attorney General may waive in whole
or in part the application of the requirement of subsection (a)
for any 1-year period with respect to any State, where
immediately preceding such 1-year period the Attorney General
finds that such State has made and continues to make a good
faith effort to comply with the standards formulated by the
National Commission on Capital Representation pursuant to
section 201(b) of the Innocence Protection Act of 2001.
``(2) Limitation on waiver authority.--The Attorney General
may not grant a waiver under paragraph (1) with respect to any
State for 2 consecutive 1-year periods.
``(3) Limitation on use of funds.--If the Attorney General
grants a waiver under paragraph (1), the State shall be
required to use the total amount of grant funds awarded to such
State or any unit of local government appertaining thereto
under this subtitle that would have been withheld under
subsection (a) but for the waiver to improve the capability of
such State to provide adequate representation in capital cases.
``(c) Report to Congress.--Not later than 180 days after the end of
each fiscal year for which grants are made under this subtitle, the
Attorney General shall submit to Congress a report that includes, with
respect to each State that prescribes, authorizes, or permits the
penalty of death for any offense--
``(1) a detailed description of such State's system for
providing representation to indigent persons in capital cases;
``(2) the amount of any grant funds withheld under
subsection (a) for such fiscal year from such State or any unit
of local government appertaining thereto, and an explanation of
why such funds were withheld; and
``(3) the amount of any grant funds released to such State
for such fiscal year pursuant to a waiver by the Attorney
General under subsection (b), and an explanation of why waiver
was granted.''.
(b) Technical and Conforming Amendment.--The table of contents in
section 2 of the Violent Crime Control and Law Enforcement Act of 1994
is amended by inserting after the item relating to section 20109 the
following:
``Sec. 110. Standards for capital representation.''.
SEC. 204. EFFECT ON PROCEDURAL DEFAULT RULES.
(a) In General.--Section 2254(e) of title 28, United States Code,
is amended--
(1) in paragraph (1), by striking ``In a proceeding'' and
inserting ``Except as provided in paragraph (3), in a
proceeding''; and
(2) by adding at the end the following:
``(3) In a proceeding instituted by an applicant under
sentence of death, the court shall neither presume a finding of
fact made by a State court to be correct nor decline to
consider a claim on the ground that the applicant failed to
raise such claim in State court at the time and in the manner
prescribed by State law, if--
``(A) the applicant was financially unable to
obtain adequate representation at the stage of the
State proceedings at which the State court made the
finding of fact or the applicant failed to raise the
claim, and the applicant did not waive representation
by counsel; and
``(B) the State did not provide representation to
the applicant under a State system for providing
representation that satisfied the standards formulated
by the National Commission on Capital Representation
pursuant to section 201(b) of the Innocence Protection
Act of 2001.''.
(b) No Retroactive Effect.--The amendments made by this section
shall not apply to any case in which the relevant State court
proceeding occurred before the end of the first fiscal year following
the formulation of standards by the National Commission on Capital
Representation pursuant to section 201(b) of the Innocence Protection
Act of 2001.
SEC. 205. CAPITAL DEFENSE RESOURCE GRANTS.
Section 3006A of title 18, United States Code, is amended--
(1) by redesignating subsections (i), (j), and (k) as
subsections (j), (k), and (l), respectively; and
(2) by inserting after subsection (h) the following:
``(i) Capital Defense Resource Grants.--
``(1) Definitions.--In this subsection--
``(A) the term `capital case'--
``(i) means any criminal case in which a
defendant prosecuted in a State court is
subject to a sentence of death or in which a
death sentence has been imposed; and
``(ii) includes all proceedings filed in
connection with the case, including trial,
appellate, and Federal and State post-
conviction proceedings;
``(B) the term `defense services' includes--
``(i) recruitment of counsel;
``(ii) training of counsel; and
``(iii) legal and administrative support
and assistance to counsel; and
``(C) the term `Director' means the Director of the
Administrative Office of the United States Courts.
``(2) Grant award and contract authority.--Notwithstanding
subsection (g), the Director shall award grants to, or enter
into contracts with, public agencies or private nonprofit
organizations for the purpose of providing defense services in
capital cases.
``(3) Purposes.--Grants and contracts awarded under this
subsection shall be used in connection with capital cases in
the jurisdiction of the grant recipient for 1 or more of the
following purposes:
``(A) Enhancing the availability, competence, and
prompt assignment of counsel.
``(B) Encouraging continuity of representation
between Federal and State proceedings.
``(C) Increasing the efficiency with which such
cases are resolved.
``(4) Guidelines.--The Director, in consultation with the
Judicial Conference of the United States, shall develop
guidelines to ensure that defense services provided by
recipients of grants and contracts awarded under this
subsection are consistent with applicable legal and ethical
proscriptions governing the duties of counsel in capital cases.
``(5) Consultation.--In awarding grants and contracts under
this subsection, the Director shall consult with
representatives of the highest State court, the organized bar,
and the defense bar of the jurisdiction to be served by the
recipient of the grant or contract, and shall ensure
coordination with grants administered by the State Justice
Institute pursuant to section 207A of the State Justice
Institute Act of 1984.''.
TITLE III--MISCELLANEOUS PROVISIONS
SEC. 301. INCREASED COMPENSATION IN FEDERAL CASES.
Section 2513(e) of title 28, United States Code, is amended by
striking ``$5,000'' and inserting ``$50,000 for each 12-month period of
incarceration, except that a plaintiff who was unjustly sentenced to
death may be awarded not more than $100,000 for each 12-month period of
incarceration.''.
SEC. 302. COMPENSATION IN STATE DEATH PENALTY CASES.
Section 20105(b)(1) of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 13705(b)(1)) is amended by--
(1) striking ``and'' at the end of subparagraph (A);
(2) striking the period at the end of subparagraph (B) and
inserting ``; and''; and
(3) adding at the end the following:
``(C) provide assurances to the Attorney General
that the State, if it prescribes, authorizes, or
permits the penalty of death for any offense, has
established or will establish not later than 18 months
after the enactment of the Innocence Protection Act of
2001, effective procedures for--
``(i) reasonably compensating persons found
to have been unjustly convicted of an offense
against the State and sentenced to death; and
``(ii) investigating the causes of such
unjust convictions, publishing the results of
such investigations, and taking steps to
prevent such errors in future cases.''.
SEC. 303. CERTIFICATION REQUIREMENT IN FEDERAL DEATH PENALTY
PROSECUTIONS.
(a) In General.--Chapter 228 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 3599. Certification requirement
``(a) Certification by Attorney General.--The Government shall not
seek a sentence of death in any case brought before a court of the
United States except upon the certification in writing of the Attorney
General, which function of certification may not be delegated, that the
Federal interest in the prosecution is more substantial than the
interests of the State or local authorities.
``(b) Requirements.--A certification under subsection (a) shall
state the basis on which the certification was made and the reasons for
the certification.
``(c) State Interest.--In States where the imposition of a sentence
of death is not authorized by law, the fact that the maximum Federal
sentence is death does not constitute a more substantial interest in
Federal prosecution.
``(d) Definition of State.--For purposes of this section, the term
`State' includes a State of the United States, the District of
Columbia, and any commonwealth, territory, or possession of the United
States.
``(e) Rule of Construction.--This section does not create any
rights, substantive or procedural, enforceable at law by any party in
any matter civil or criminal.''.
(b) Technical and Conforming Amendment.--The analysis for chapter
228 of title 28, United States Code, is amended by adding at the end
the following:
``3599. Certification requirement.''.
SEC. 304. ALTERNATIVE OF LIFE IMPRISONMENT WITHOUT POSSIBILITY OF
RELEASE.
(a) Purpose.--The purpose of this section is to clarify that juries
in death penalty prosecutions brought under the drug kingpin statute--
like juries in all other Federal death penalty prosecutions--have the
option of recommending life imprisonment without possibility of
release.
(b) Clarification.--Section 408(l) of the Controlled Substances Act
(21 U.S.C. 848(l)), is amended by striking the first 2 sentences and
inserting the following: ``Upon a recommendation under subsection (k)
that the defendant should be sentenced to death or life imprisonment
without possibility of release, the court shall sentence the defendant
accordingly. Otherwise, the court shall impose any lesser sentence that
is authorized by law.''.
SEC. 305. RIGHT TO AN INFORMED JURY.
Section 20105(b)(1) of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 13705(b)(1)), as amended by section
302 of this Act, is amended by--
(1) striking ``and'' at the end of subparagraph (B);
(2) striking the period at the end of subparagraph (C) and
inserting ``; and''; and
(3) adding at the end the following:
``(D) provide assurances to the Attorney General
that in any capital sentencing proceeding occurring
after the date of enactment of the Innocence Protection
Act of 2001 in which the jury has a role in determining
the sentence imposed on the defendant, the court, at
the request of the defendant, shall inform the jury of
all statutorily authorized sentencing options in the
particular case, including applicable parole
eligibility rules and terms.''.
SEC. 306. ANNUAL REPORTS.
(a) Report.--Not later than 2 years after the date of enactment of
this Act, and annually thereafter, the Attorney General shall prepare
and transmit to Congress a report concerning the administration of
capital punishment laws by the Federal Government and the States.
(b) Report Elements.--The report required under subsection (a)
shall include substantially the same categories of information as are
included in the Bureau of Justice Statistics Bulletin entitled
``Capital Punishment 1999'' (December 2000, NCJ 184795), and shall also
include the following additional categories of information, if such
information can practicably be obtained:
(1) The percentage of death-eligible cases in which a death
sentence is sought, and the percentage in which it is imposed.
(2) The race of the defendants in death-eligible cases,
including death-eligible cases in which a death sentence is not
sought, and the race of the victims.
(3) The percentage of capital cases in which counsel is
retained by the defendant, and the percentage in which counsel
is appointed by the court.
(4) The percentage of capital cases in which life without
parole is available as an alternative to a death sentence, and
the sentences imposed in such cases.
(5) The percentage of capital cases in which life without
parole is not available as an alternative to a death sentence,
and the sentences imposed in such cases.
(6) The frequency with which various statutory aggravating
factors are invoked by the prosecution.
(7) The percentage of cases in which a death sentence or a
conviction underlying a death sentence is vacated, reversed, or
set aside, and a short statement of the reasons therefore.
(c) Request for Assistance.--In compiling the information referred
to in subsection (b), the Attorney General shall, when necessary,
request assistance from State and local prosecutors, defense attorneys,
and courts, as appropriate. Requested assistance, whether provided or
denied by a State or local official or entity, shall be noted in the
reports referred to in subsection (a).
(d) Public Disclosure.--The Attorney General or the Director of the
Bureau of Justice Assistance, as appropriate, shall ensure that the
reports referred to in subsection (a) are--
(1) distributed to national print and broadcast media; and
(2) posted on an Internet website maintained by the
Department of Justice.
SEC. 307. SENSE OF CONGRESS REGARDING THE EXECUTION OF JUVENILE
OFFENDERS AND THE MENTALLY RETARDED.
It is the sense of Congress that the death penalty is
disproportionate and offends contemporary standards of decency when
applied to a person who is mentally retarded or who had not attained
the age of 18 years at the time of the offense.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Crime.
Subcommittee Hearings Held.
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