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HR 3320 111th Congress House Crime and Law Enforcement Criminal procedure and sentencing Evidence and witnesses Judicial review and appeals

Justice for the Wrongfully Accused Act

Introduced: July 23, 2009 See on congress.gov
 Everywhere this bill has been 4 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Sep 14, 2009
Referred to the Subcommittee on Courts and Competition Policy.
Sep 14, 2009
Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.
Jul 23, 2009
Referred to the House Committee on the Judiciary.
Jul 23, 2009
Introduced in House
 Plain-English summary Congressional Research Service

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.

What's happening now September 14, 2009

Referred to the Subcommittee on Courts and Competition Policy.

 Committees of jurisdiction 3