Skip to main content
S 148 102th 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 1991

Introduced: January 14, 1991 See on congress.gov
 Everywhere this bill has been 3 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Jan 24, 1991
Referred to Subcommittee on Constitution.
Jan 14, 1991
Read twice and referred to the Committee on Judiciary.
Jan 14, 1991
Introduced in Senate
 Plain-English summary Congressional Research Service

Reform of Federal Intervention in State Proceedings Act of 1991 - 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 January 24, 1991

Referred to Subcommittee on Constitution.

 Committees of jurisdiction 2