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S 88 101th Congress Senate Law Civil actions and liability Habeas corpus Judicial review Jurisdiction Limitation of actions State courts

Reform of Federal Intervention in State Proceedings Act of 1989

Introduced: January 25, 1989 See on congress.gov
 Everywhere this bill has been 7 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Mar 7, 1990
Placed on Senate Legislative Calendar under General Orders. Calendar No. 477.
Mar 7, 1990
Senate Committee on Judiciary discharged by Unanimous Consent.
Feb 21, 1990
Committee on Judiciary. Hearings held.
Nov 8, 1989
Committee on Judiciary. Hearings held.
Jan 31, 1989
Referred to Subcommittee on Constitution.
Jan 25, 1989
Read twice and referred to the Committee on Judiciary.
Jan 25, 1989
Introduced in Senate
 Plain-English summary Congressional Research Service

Reform of Federal Intervention in State Proceedings Act of 1989 - Amends the Federal judicial code to condition consideration of a habeas corpus claim by a prisoner on a showing of actual prejudice resulting from the Federal right violated and that: (1) State or Federal Government action precluded assertion of that right; (2) the Federal right did not previously exist; or (3) the factual basis of the claim could not have been discovered by reasonable diligence.

Establishes a one-year statute of limitations for habeas corpus actions brought by State prisoners, and a two-year statute of limitations for similar motions made by Federal prisoners.

Vests authority to issue certificates for probable cause for appeal of habeas corpus orders exclusively in the courts of appeals.

Permits denial on the merits of habeas corpus writs notwithstanding the failure to exhaust State remedies.

Prohibits the granting of a habeas corpus writ with respect to any claim which has been fully and fairly adjudicated in State proceedings.

What's happening now March 7, 1990

Placed on Senate Legislative Calendar under General Orders. Calendar No. 477.

 Committees of jurisdiction 2