H.R. 3320 · 111th Congress
Justice for the Wrongfully Accused Act
Key: what the circles and colors mean
Each circle is a bill. The ring fills as it moves through Congress:
Under the number: the Yea · Nay count of its final (or latest) recorded vote. On a member's page, the small badge is how that member voted: Y Yea / Aye, N Nay / No, P Present, – Not voting.
Gold and violet are only for Yea and Nay; they never mean a party. A member's party is the letter on their photo.
Never voted on. It didn't reach a floor vote before the 111th Congress ended, so it expired. A bill has to be introduced again to be considered in a new Congress.
D
MooreSponsor
Justice for the Wrongly Accused Act - Amends the federal judicial code to make an exception to the requirement of a motion to the court of appeals before the filing of certain second or subsequent petitions for habeas corpus.
What it does: CRS summary · Introduced in House · Jul 23, 2009
Justice for the Wrongly Accused Act - Amends the federal judicial code to make an exception to the requirement of a motion to the court of appeals before the filing of certain second or subsequent petitions for habeas corpus.
Declares that the motion requirement does not apply if the second or subsequent petition application rests solely on a claim of actual innocence arising from: (1) newly discovered evidence from forensic testing; (2) exculpatory evidence withheld from the defense at trial; or (3) newly discovered accounts by credible witnesses who recant prior testimony or establish improper action of state or federal agents.
States also that the exhaustion of remedies requirement does not apply, if the application for a writ of habeas corpus on behalf of a person in custody pursuant to a state court judgment is based on a claim that the police or prosecution withheld exculpatory, impeachment, or other evidence favorable to the defendant.
Requires the court to hold an evidentiary hearing to determine the facts relating to a claim of actual innocence if the applicant makes a credible proffer of evidence supporting the claim based on certain circumstances. Prescribes a standard for the admissibility of a witness' evidentiary hearing testimony.
Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov
About this bill and sources
Official title: Justice for the Wrongfully Accused Act
Latest action (Sep 14, 2009): Referred to the Subcommittee on Courts and Competition Policy.
Policy area: Crime and Law Enforcement · Origin: House · Introduced: Jul 23, 2009
Official page on Congress.gov · Bill text (GovInfo) · Status record (XML)
No recorded floor vote found.