S. 1088 (109th): Streamlined Procedures Act of 2005

Introduced:
May 19, 2005 (109th Congress, 2005–2006)
Sponsor:
Sen. Jon Kyl [R-AZ]
Status:
Died (Referred to Committee)
See Instead:

H.R. 3035 (same title)
Referred to Committee — Jun 22, 2005

The bill’s title was written by the bill’s sponsor. S. stands for Senate bill.

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Status

This bill was introduced on May 19, 2005, in a previous session of Congress, but was not enacted.

Progress
Introduced May 19, 2005
Referred to Committee May 19, 2005
Cosponsors
4 cosponsors (4R) (show)
Committees

Senate Judiciary

The committee chair determines whether a bill will move past the committee stage.

Full Title

A bill to establish streamlined procedures for collateral review of mixed petitions, amendments, and defaulted claims, and for other purposes.

Summary

No summaries available.

Text

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Last updated May 19, 2005.
18 pages

Primary Source

View on THOMAS (The Library of Congress)

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Citation

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GovTrack’s Bill Summary

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Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.

5/19/2005--Introduced.
Streamlined Procedures Act of 2005 - Amends the federal judicial code to revise the law and procedures for habeas corpus petitions.
Denies or restricts the jurisdiction of federal courts to hear habeas corpus petitions that:
(1) have been procedurally barred in a state court;
(2) are based upon errors in sentences or sentencing ruled as harmless error by a state court;
(3) pertain to capital cases; or
(4) challenge the exercise of a states's executive clemency or pardon power.
Revises deadlines for filing appeals to federal courts of state habeas corpus decisions.
Revises procedures for mixed habeas corpus petitions (petitions bringing claims exhausted and unexhausted in state court) to require petitioners to describe how they have exhausted each claim in state court.
Requires unexhausted claims to be dismissed with prejudice.
Limits the ability of habeas corpus petitioners to amend petitions or modify or add additional claims.
Requires any period in which a petitioner does not have a habeas corpus petition pending in a state court to be charged against the one year limitation period for filing a federal habeas corpus petition from a state court decision.
Requires requests for financial support for petitioners in a habeas corpus proceeding to be decided by a judge other than the judge presiding over such proceeding.
Requires any amount of financial support authorized by a judge to be publicly disclosed.
Extends crime victims' rights to federal habeas corpus proceedings arising out of a state conviction.

House Republican Conference Summary

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No summary available.

House Democratic Caucus Summary

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The bill contains the following citations to other parts of U.S. law:

United States Code

The United States Code is the compilation of permanent laws enacted by Congress. Temporary and other non-permanent laws do not appear in the United States Code. (About half of the United States Code is the law itself, called positive law. The other half is merely a compilation of the laws but has no legal significance.)

Other Citations

  • 28 U.S.C. Chapter 154
  • 28 U.S.C. Chapter 85