H.R. 9868 — Introduced in House

I 118th CONGRESS 2d Session H. R. 9868 IN THE HOUSE OF REPRESENTATIVES September 27, 2024Mr. 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. 1. Short title This Act may be cited as the Effective Death Penalty Appeals Act. 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. . 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 . 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. .