[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4078 Introduced in House (IH)]
106th CONGRESS
2d Session
H. R. 4078
To reduce the risk that innocent persons may be executed, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 23, 2000
Mr. Hastings of Florida 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 2000''.
(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. DNA testing in Federal criminal justice system.
Sec. 103. DNA testing in State criminal justice systems.
Sec. 104. Prohibition pursuant to section 5 of the 14th amendment.
TITLE II--ENSURING COMPETENT LEGAL SERVICES IN CAPITAL CASES
Sec. 201. Amendments to Byrne grant programs.
Sec. 202. Effect on procedural default rules.
Sec. 203. Capital representation grants.
TITLE III--COMPENSATING THE UNJUSTLY CONDEMNED
Sec. 301. Increased compensation in Federal cases.
Sec. 302. Compensation in State death penalty cases.
TITLE IV--MISCELLANEOUS PROVISIONS
Sec. 401. Accommodation of State interests in Federal death penalty
prosecutions.
Sec. 402. Alternative of life imprisonment without possibility of
release.
Sec. 403. Right to an informed jury.
Sec. 404. Annual reports.
Sec. 405. Discretionary appellate review.
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 the past decade, there have been more than 65 post-
conviction exonerations in the United States and Canada based
upon DNA testing. At least 8 individuals sentenced to death
have been exonerated through post-conviction DNA testing, some
of whom came within days of being executed.
(6) The 2 States that have established statutory processes
for post-conviction DNA testing, Illinois and New York, have
the most post-conviction DNA exonerations, 14 and 7,
respectively.
(7) The advent of DNA testing raises serious concerns
regarding the prevalence of wrongful convictions, especially
wrongful convictions arising out of mistaken eyewitness
identification testimony. According to a 1996 Department of
Justice study entitled ``Convicted by Juries, Exonerated by
Science: Case Studies of Post-Conviction DNA Exonerations'', in
approximately 20 to 30 percent of the cases referred for DNA
testing, the results excluded the primary suspect. Without DNA
testing, many of these individuals might have been wrongfully
convicted.
(8) Laws in more than 30 States require that a motion for a
new trial based on newly discovered evidence of innocence be
filed within 6 months or less. These laws are premised on the
belief--inapplicable to DNA testing--that evidence becomes less
reliable over time. Such time limits have been used to deny
inmates access to DNA testing, even when guilt or innocence
could be conclusively established by such testing. For example,
in Dedge v. Florida, 723 So.2d 322 (Fla. Dist. Ct. App. 1998),
the court without opinion affirmed the denial of a motion to
release trial evidence for the purpose of DNA testing. The
trial court denied the motion as procedurally barred under the
2-year limitation on claims of newly discovered evidence
established by the State of Florida, which has since adopted a
6-month limitation on such claims.
(9) Even when DNA testing has been done and has
persuasively demonstrated the actual innocence of an inmate,
States have sometimes relied on time limits and other
procedural barriers to deny release.
(10) 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 issued a report entitled ``Recommendations For Handling
Post-Conviction DNA Applications'' that urges post-conviction DNA
testing in 2 carefully defined categories of cases, notwithstanding
procedural rules that could be invoked to preclude such testing, and
notwithstanding the inability of the inmate to pay for the testing.
(11) The number of cases in which post-conviction DNA
testing is appropriate is relatively small and will decrease as
pretrial testing becomes more common and accessible.
(12) The cost of DNA testing has also decreased in recent
years. The typical case, involving the analysis of 8 samples,
currently costs between $2,400 and $5,000, depending upon
jurisdictional differences in personnel costs.
(13) In 1994, Congress authorized funding to improve the
quality and availability of DNA analysis for law enforcement
identification purposes. Since then, States have been awarded
over $50,000,000 in DNA-related grants.
(14) Although the Supreme Court has never announced a
standard for addressing constitutional claims of innocence, in
Herrera v. Collins, 506 U.S. 390 (1993), a majority of the
Court expressed the view that, ``a truly persuasive
demonstration of `actual innocence''' made after trial would
render imposition of punishment by a State unconstitutional.
(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
incarcerated or executed.
(16) To prevent violations of the Constitution of the
United States that the Supreme Court anticipated in Herrera v.
Collins, it is necessary and proper to enact national
legislation that ensures that the Federal Government and the
States will permit DNA testing in appropriate cases.
(17) There is also a compelling need to ensure the
preservation of biological material for post-conviction DNA
testing. Since 1992, the Innocence Project at the Benjamin N.
Cardozo School of Law has received thousands of letters from
inmates who claim that DNA testing could prove them innocent.
In over 70 percent of those cases in which DNA testing could
have been dispositive of guilt or innocence if the biological
material were available, the material had been destroyed or
lost. In two-thirds of the cases in which the evidence was
found, and DNA testing conducted, the results have exonerated
the inmate.
(18) In at least 14 cases, post-conviction DNA testing that
has exonerated a wrongly convicted person has also provided
evidence leading to the apprehension of the actual perpetrator,
thereby enhancing public safety. This would not have been
possible if the biological evidence had been destroyed.
(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 ensuring the availability
of 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. 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 biological material.
``Sec. 2291. DNA testing
``(a) Application.--Notwithstanding any other provision of law, a
person in custody pursuant to the judgment of a court established by an
Act of Congress may, at any time after conviction, apply to the court
that entered the judgment for forensic DNA testing of any biological
material that--
``(1) is related to the investigation or prosecution that
resulted in the judgment;
``(2) is in the actual or constructive possession of the
Government; and
``(3) was not previously subjected to DNA testing, or can
be subjected to retesting with new DNA techniques that provide
a reasonable likelihood of more accurate and probative results.
``(b) Notice to Government.--
``(1) In general.--The court shall notify the Government of
an application made under subsection (a) and shall afford the
Government an opportunity to respond.
``(2) Preservation of remaining biological material.--Upon
receiving notice of an application made under subsection (a),
the Government shall take such steps as are necessary to ensure
that any remaining biological material that was secured in
connection with the case is preserved pending the completion of
proceedings under this section.
``(c) Order.--The court shall order DNA testing pursuant to an
application made under subsection (a) upon a determination that testing
may produce noncumulative, exculpatory evidence relevant to the claim
of the applicant that the applicant was wrongfully convicted or
sentenced.
``(d) 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, if it is shown that the applicant is
not indigent and possesses the means to pay.
``(e) Counsel.--The court may at any time appoint counsel for an
indigent applicant under this section.
``(f) Post-Testing Procedures.--
``(1) Procedures following results unfavorable to
applicant.--If the results of DNA testing conducted under this
section are unfavorable to the applicant, the court--
``(A) shall dismiss the application; and
``(B) in the case of an applicant who is not
indigent, may assess the applicant for the cost of such
testing.
``(2) Procedures following results favorable to
applicant.--If the results of DNA testing conducted under this
section are favorable to the applicant, the court shall--
``(A) order a hearing, notwithstanding any
provision of law that would bar such a hearing; and
``(B) enter any order that serves the interests of
justice, including an order--
``(i) vacating and setting aside the
judgment;
``(ii) discharging the applicant if the
applicant is in custody;
``(iii) resentencing the applicant; or
``(iv) granting a new trial.
``(g) Rule of Construction.--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.
``Sec. 2292. Preservation of biological material
``(a) In General.--Notwithstanding any other provision of law and
subject to subsection (b), the Government shall preserve any biological
material secured in connection with a criminal case for such period of
time as any person remains incarcerated in connection with that case.
``(b) Exception.--The Government may destroy biological material
before the expiration of the period of time described in subsection (a)
if--
``(1) the Government notifies any person who remains
incarcerated in connection with the case, and any counsel of
record or public defender organization for the judicial
district in which the judgment of conviction for such person
was entered, of--
``(A) the intention of the Government to destroy
the material; and
``(B) the provisions of this chapter;
``(2) no person makes an application under section 2291(a)
within 90 days of receiving notice under paragraph (1) of this
subsection; and
``(3) no other provision of law requires that such
biological material be preserved.''.
(b) Technical and Conforming Amendment.--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''.
SEC. 103. DNA TESTING IN STATE CRIMINAL JUSTICE SYSTEMS.
(a) DNA Identification Grant Program.--Section 2403 of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796kk-2) is amended--
(1) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by
striking ``shall'' and inserting ``will'';
(B) in subparagraph (C), by striking ``is charged''
and inserting ``was charged or convicted''; and
(C) in subparagraph (D), by striking ``and'' at the
end;
(2) in paragraph (3)--
(A) by striking ``shall'' and inserting ``will'';
and
(B) by striking the period at the end and inserting
``; and''; and
(3) by adding at the end the following:
``(4) the State will--
``(A) preserve all biological material secured in
connection with a State criminal case for not less than
the period of time that biological material is required
to be preserved under section 2292 of title 28, United
States Code, in the case of a person incarcerated in
connection with a Federal criminal case; and
``(B) make DNA testing available to any person
convicted in State court to the same extent, and under
the same conditions, that DNA testing is available
under section 2291 of title 28, United States Code, to
any person convicted in a court established by an Act
of Congress.''.
(b) Drug Control and System Improvement Grant Program.--Section
503(a)(12) of title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3753(a)(12)) is amended--
(1) in subparagraph (B)--
(A) in clause (iii), by striking ``is charged'' and
inserting ``was charged or convicted''; and
(B) in clause (iv), by striking ``and'' at the end;
(2) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(D) the State will--
``(i) preserve all biological material
secured in connection with a State criminal
case for not less than the period of time that
biological material is required to be preserved
under section 2292 of title 28, United States
Code, in the case of a person incarcerated in
connection with a Federal criminal case; and
``(ii) make DNA testing available to a
person convicted in State court to the same
extent, and under the same conditions, that DNA
testing is available under section 2291 of
title 28, United States Code, to a person
convicted in a court established by an Act of
Congress.''.
(c) Public Safety and Community Policing Grant Program.--Section
1702(c) of title I of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796dd-1(c)) is amended--
(1) in paragraph (10), by striking ``and'' at the end;
(2) in paragraph (11), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(12) if any part of funds received from a grant made
under this subchapter is to be used to develop or improve a DNA
analysis capability in a forensic laboratory, or to obtain or
analyze DNA samples for inclusion in the Combined DNA Index
System (CODIS), certify that--
``(A) DNA analyses performed at such laboratory
will satisfy or exceed the current standards for a
quality assurance program for DNA analysis, issued by
the Director of the Federal Bureau of Investigation
under section 210303 of the DNA Identification Act of
1994 (42 U.S.C. 14131);
``(B) DNA samples and analyses obtained and
performed by such laboratory will be accessible only--
``(i) to criminal justice agencies for law
enforcement purposes;
``(ii) in judicial proceedings, if
otherwise admissible under applicable statutes
and rules;
``(iii) for criminal defense purposes, to a
defendant, who shall have access to samples and
analyses performed in connection with the case
in which the defendant was charged or
convicted; or
``(iv) if personally identifiable
information is removed, for a population
statistics database, for identification
research and protocol development purposes, or
for quality control purposes;
``(C) the laboratory and each analyst performing
DNA analyses at the laboratory will undergo, at regular
intervals not exceeding 180 days, external proficiency
testing by a DNA proficiency testing program that meets
the standards issued under section 210303 of the DNA
Identification Act of 1994 (42 U.S.C. 14131); and
``(D) the State will--
``(i) preserve all biological material
secured in connection with a State criminal
case for not less than the period of time that
biological material is required to be preserved
under section 2292 of title 28, United States
Code, in the case of a person incarcerated in
connection with a Federal criminal case; and
``(ii) make DNA testing available to any
person convicted in State court to the same
extent, and under the same conditions, that DNA
testing is available under section 2291 of
title 28, United States Code, to a person
convicted in a court established by an Act of
Congress.''.
SEC. 104. PROHIBITION PURSUANT TO SECTION 5 OF THE 14TH AMENDMENT.
(a) Request for DNA Testing.--
(1) In general.--No State shall deny a request, made by a
person in custody resulting from a State court judgment, for
DNA testing of biological material that--
(A) is related to the investigation or prosecution
that resulted in the conviction of the person or the
sentence imposed on the person;
(B) is in the actual or constructive possession of
the State; and
(C) was not previously subjected to DNA testing, or
can be subjected to retesting with new DNA techniques
that provide a reasonable likelihood of more accurate
and probative results.
(2) Exception.--A State may deny a request under paragraph
(1) upon a judicial determination that testing could not
produce noncumulative evidence establishing a reasonable
probability that the person was wrongfully convicted or
sentenced.
(b) Opportunity To Present Results of DNA Testing.--No State shall
rely upon a time limit or procedural default rule to deny a person an
opportunity to present noncumulative, exculpatory DNA results in court,
or in an executive or administrative forum in which a decision is made
in accordance with procedural due process.
(c) Remedy.--A person 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 either the State or an executive or judicial
officer of the State as defendant. No State or State executive or
judicial officer shall have immunity from actions under this
subsection.
TITLE II--ENSURING COMPETENT LEGAL SERVICES IN CAPITAL CASES
SEC. 201. AMENDMENTS TO BYRNE GRANT PROGRAMS.
(a) Certification Requirement; Formula Grants.--Section 503 of
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3753) is amended--
(1) in subsection (a), by adding at the end the following:
``(13) If the State prescribes, authorizes, or permits the
penalty of death for any offense, a certification that the
State has established and maintains an effective system for
providing competent legal services to indigents at every phase
of a State criminal prosecution in which a death sentence is
sought or has been imposed, up to and including direct
appellate review and post-conviction review in State court.'';
and
(2) in subsection (b)--
(A) by striking ``(b) Within 30 days after the date
of enactment of this part, the'' and inserting the
following:
``(b) Regulations.--
``(1) In general.--The''; and
(B) by adding at the end the following:
``(2) Certification regulations.--The Director of the
Administrative Office of the United States Courts, after notice
and an opportunity for comment, shall promulgate regulations
specifying the elements of an effective system within the
meaning of subsection (a)(13), which elements shall include--
``(A) a centralized and independent appointing
authority, which shall have authority and
responsibility to--
``(i) recruit attorneys who are qualified
to represent indigents in the capital
proceedings specified in subsection (a)(13);
``(ii) draft and annually publish a roster
of qualified attorneys;
``(iii) 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;
``(iv) periodically review the roster,
monitor the performance of all attorneys
appointed, provide a mechanism by which members
of the Bar may comment on the performance of
their peers, and delete the name of any
attorney who fails to 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;
``(v) conduct or sponsor specialized
training programs for attorneys representing
clients in capital cases;
``(vi) appoint lead counsel and co-counsel
from the roster to represent a defendant in a
capital case promptly upon receiving notice of
the need for an appointment from the relevant
State court; and
``(vii) report the appointment, or the
failure of the defendant to accept such
appointment, to the court requesting the
appointment;
``(B) 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;
``(C) reimbursement of private attorneys and public
defender organizations for attorney expenses reasonably
incurred in the representation of a client in a capital
case, computed on an hourly basis reflecting the local
market for such services; and
``(D) 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 defendant in a capital case,
computed on an hourly basis reflecting the local market
for such services.''.
(b) Certification Requirement; Discretionary Grants.--Section
517(a) of title I of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3763(a)) is amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(5) satisfies the certification requirement established
by section 503(a)(13).''.
(c) Director's Reports to Congress.--Section 522(b) of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3766b(b)) is amended--
(1) in paragraph (4), by striking ``and'' at the end;
(2) by redesignating paragraph (5) as paragraph (6); and
(3) by inserting after paragraph (4) the following:
``(5) descriptions and a comparative analysis of the
systems established by each State in order to satisfy the
certification requirement established by section 503(a)(13),
except that the descriptions and the comparative analysis shall
include--
``(A) the qualifications and performance standards
established pursuant to section 503(b)(2)(A)(iii);
``(B) the rates of compensation paid under section
503(b)(2)(B); and
``(C) the rates of reimbursement paid under
subparagraphs (C) and (D) of section 503(b)(2); and''.
(d) Effective Date.--
(1) In general.--Subject to paragraph (2), the amendments
made by this section shall apply with respect to any
application submitted on or after the date that is 1 year after
the date of enactment of this Act.
(2) Exception.--The amendments made by this section shall
not take effect until the amount made available for a fiscal
year to carry out part E of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 equals or exceeds an
amount that is $50,000,000 greater than the amount made
available to carry out that part for fiscal year 2000.
(e) Regulations.--The Director of the Administrative Office of the
United States Courts shall issue all regulations necessary to carry out
the amendments made by this section not later than 180 days before the
effective date of those regulations.
SEC. 202. EFFECT ON PROCEDURAL DEFAULT RULES.
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 indigent 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, unless--
``(A) the State provided the applicant with legal
services 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
``(B) the legal services the State provided
satisfied the regulations promulgated by the Director
of the Administrative Office of the United States
Courts pursuant to section 503(b)(2) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968.''.
SEC. 203. CAPITAL REPRESENTATION 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 Representation 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;
``(iii) legal and administrative support
and assistance to counsel;
``(iv) direct representation of defendants,
if the availability of other qualified counsel
is inadequate to meet the need in the
jurisdiction served by the grant recipient; and
``(v) investigative, expert, or other
services necessary for adequate representation;
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) Decreasing the cost of providing qualified
counsel.
``(D) 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.''.
TITLE III--COMPENSATING THE UNJUSTLY CONDEMNED
SEC. 301. INCREASED COMPENSATION IN FEDERAL CASES.
Section 2513 of title 28, United States Code, is amended by
striking subsection (e) and inserting the following:
``(e) Damages.--
``(1) In general.--The amount of damages awarded in an
action described in subsection (a) shall not exceed $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.
``(2) Factors for consideration in assessing damages.--In
assessing damages in an action described in subsection (a), the
court shall consider--
``(A) the circumstances surrounding the unjust
conviction of the plaintiff, including any misconduct
by officers or employees of the Federal Government;
``(B) the length and conditions of the unjust
incarceration of the plaintiff; and
``(C) the family circumstances, loss of wages, and
pain and suffering of the plaintiff.''.
SEC. 302. COMPENSATION IN STATE DEATH PENALTY CASES.
(a) Criminal Justice Facility Construction Grant Program.--Section
603(a) of title I of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3769b(a)) is amended--
(1) in paragraph (5), by striking ``and'' at the end;
(2) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(7) reasonable assurance that the applicant, or the State
in which the applicant is located--
``(A) does not prescribe, authorize, or permit the
penalty of death for any offense; or
``(B)(i) has established and maintains an effective
procedure by which any person unjustly convicted of an
offense against the State and sentenced to death may be
awarded reasonable damages upon substantial proof that
the person did not commit any of the acts with which
the person was charged; and
``(ii)(I) the conviction of that person was
reversed or set aside on the ground that the person was
not guilty of the offense or offenses of which the
person was convicted;
``(II) the person was found not guilty of such
offense or offenses on new trial or rehearing; or
``(III) the person was pardoned upon the stated
ground of innocence and unjust conviction.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to any application submitted on or after the date
that is 1 year after the date of enactment of this Act.
TITLE IV--MISCELLANEOUS PROVISIONS
SEC. 401. ACCOMMODATION OF STATE INTERESTS IN FEDERAL DEATH PENALTY
PROSECUTIONS.
(a) Recognition of State Interests.--Chapter 228 of title 18,
United States Code, is amended by adding at the end the following:
``Sec. 3599. Accommodation of State interests; certification
requirement
``(a) In General.--Notwithstanding any other provision of law, the
Government shall not seek the death penalty in any case initially
brought before a district court of the United States that sits in a
State that does not prescribe, authorize, or permit the imposition of
such penalty for the alleged conduct, except upon the certification in
writing of the Attorney General or the designee of the Attorney General
that--
``(1) the State does not have jurisdiction or refuses to
assume jurisdiction over the defendant with respect to the
alleged conduct;
``(2) the State has requested that the Federal Government
assume jurisdiction; or
``(3) the offense charged is an offense described in
section 32, 229, 351, 794, 1091, 1114, 1118, 1203, 1751, 1992,
2340A, or 2381, or chapter 113B.
``(b) ``State Defined.--In this section, the term `State' means
each of the several States of the United States, the District of
Columbia, and the territories and possessions of the United States.''.
(b) Technical and Conforming Amendment.--The analysis for chapter
228 of title 18, United States Code, is amended by adding at the end
the following:
``3599. Accommodation of State interests; certification requirement.''.
SEC. 402. ALTERNATIVE OF LIFE IMPRISONMENT WITHOUT POSSIBILITY OF
RELEASE.
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. 403. RIGHT TO AN INFORMED JURY.
(a) Additional Requirements.--Section 20105 of the Violent Crime
Control and Law Enforcement Act of 1994 (42 U.S.C. 13705) is amended by
striking subsection (b) and inserting the following:
``(b) Additional Requirements.--To be eligible to receive a grant
under section 20103 or 20104, a State shall provide assurances to the
Attorney General that--
``(1) the State has implemented policies that provide for
the recognition of the rights and needs of crime victims; and
``(2) in any capital case 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.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to any application for a grant under section 20103
or 20104 of the Violent Crime Control and Law Enforcement Act of 1994
(42 U.S.C. 13703; 13704) that is submitted on or after the date that is
1 year after the date of enactment of this Act.
SEC. 404. 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 1998'' (December 1999, NCJ 179012), and the
following additional categories of information:
(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) An analysis of the effect of Witherspoon v. Illinois,
391 U.S. 510 (1968), and its progeny, on the composition of
juries in capital cases, including the racial composition of
such juries, and on the exclusion of otherwise eligible and
available jurors from such cases.
(4) An analysis of the effect of peremptory challenges, by
the prosecution and defense respectively, on the composition of
juries in capital cases, including the racial composition of
such juries, and on the exclusion of otherwise eligible and
available jurors from such cases.
(5) 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.
(6) 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.
(7) The percentage of capital cases in which counsel is
retained by the defendant, and the percentage in which counsel
is appointed by the court.
(8) A comparative analysis of systems for appointing
counsel in capital cases in different States.
(9) A State-by-State analysis of the rates of compensation
paid in capital cases to appointed counsel and their support
staffs.
(10) The percentage of cases in which a death sentence or a
conviction underlying a death sentence is vacated, reversed, or
set aside, and the reasons therefore.
(c) 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. 405. DISCRETIONARY APPELLATE REVIEW.
Section 2254(c) of title 28, United States Code, is amended--
(1) by inserting ``(1)'' after ``(c)''; and
(2) by adding at the end the following:
``(2) For purposes of paragraph (1), if the highest court of a
State has discretion to decline appellate review of a case or a claim,
a petition asking that court to entertain a case or a claim is not an
available State court procedure.''.
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