To assure protection for the innocent to the fundamental right
to life by providing a temporary moratorium on carrying out of the death
penalty to assure that persons able to prove their innocence are not executed.
IN THE HOUSE OF REPRESENTATIVES
February 10, 2000
Mr. JACKSON of Illinois (for himself, Mr. FATTAH, Mr. MEEKS of New York,
Ms. SCHAKOWSKY, Mr. CLAY, and Ms. NORTON) introduced the following bill;
which was referred to the Committee on the Judiciary
A BILL
To assure protection for the innocent to the fundamental right
to life by providing a temporary moratorium on carrying out of the death
penalty to assure that persons able to prove their innocence are not executed.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Accuracy in Judicial Administration Act
of 2000'.
SEC. 2. TEMPORARY MORATORIUM.
(a) IN GENERAL-
(1) ESTABLISHMENT- During the period set forth in subsection (b) applicable
to a governmental authority of a State or the Federal Government, that
authority shall not carry out the penalty of death.
(2) STANDARDS-
(A) IN GENERAL- The Attorney General shall prescribe standards to provide
overwhelming confidence that innocent parties will not suffer the death
penalty.
(B) DISCOVERY- Such standards shall include procedures to assure an
effective opportunity for pretrial discovery by defendants of forensic
evidence in the possession of the prosecuting authority.
(C) POST CONVICTION PROCEDURES- Such standards shall include procedures
to assure that each individual convicted of a capital offense has a full
and fair opportunity--
(i) to produce any exculpatory DNA or similar evidence which was not
available to that individual at the time of the trial that resulted in
the sentence of death; and
(ii) to obtain an effective judicial vitiation of the conviction and
sentence of death if the reviewing court determines that evidence indicates
a reasonable doubt that the individual was guilty as convicted.
(b) PERIOD OF MORATORIUM- The period referred to in subsection (a)
begins on the date of the enactment of this Act and ends on the later of--
(1) 7 years after that date; or
(2)(A) in the case of a State authority, the date on which a declaratory
judgment with respect to the State of which that authority is a governmental
authority is entered under subsection (c); and
(B) in the case of a Federal authority, the date on which the Attorney
General certifies to the public that the Federal authority operates consistently
with the standards prescribed in subsection (a).
(c) DECLARATORY JUDGMENT- In a civil action commenced by a governmental
authority of a State, an appropriate United States district court may enter
a declaratory judgment under subsection (b) ending the period of moratorium
for the relevant State if the court finds that the State has established
procedures consistent with the standards prescribed by the Attorney General
under subsection (a).