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S 2760 108th Congress Senate Crime and Law Enforcement Appellate courts Appellate procedure District courts Emergency Management Evidence (Law) Fire fighters Habeas corpus Jurisdiction Law Law enforcement officers Limitation of actions Murder Police Rescue work Sentences (Criminal procedure)

Public Safety Officers' Defense Act

Introduced: July 22, 2004 See on congress.gov
 Everywhere this bill has been 2 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Jul 22, 2004
Referred to the Committee on the Judiciary.
Jul 22, 2004
Introduced in Senate
 Plain-English summary Congressional Research Service

Public Safety Officers' Defense Act - Amends the Federal judicial code to deny a court, justice, or judge jurisdiction to consider any claim relating to the judgment or sentence in an application for a writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court for killing a public safety officer, unless the applicant shows constitutional error or that the claim qualifies for consideration based on a new rule of constitutional law or a factual predicate that could not have been previously discovered. Directs that any such application presented to a court, justice, or judge other than a district court be transferred to the appropriate district court for consideration or dismissal, with an exception.

Sets forth requirements regarding time limits in: (1) district court (e.g., any motion by either party for an evidentiary hearing shall be filed and served not later than 90 days after the State files its answer); and (2) the court of appeals (e.g., the court shall decide the appeal from an order granting or denying a writ of habeas corpus not later than 120 days after the date on which the brief of the appellee is filed). Makes time limitations under this Act applicable to an initial application, a second or successive application, and any re-determination of an application or related appeal following a remand by the court of appeals or the Supreme Court for further proceedings.

What's happening now July 22, 2004

Referred to the Committee on the Judiciary.

 Committees of jurisdiction 1