An amendment numbered 13 printed in the Congressional Record to provide that fact-intensive and time-consuming "harmless-error sentencing claims" will be reviewed again in Federal court only if the State court erred in determining that the claim was subject to harmlessness review.
What it does: 2 changes: strikes text, inserts textDescription
Amendment limits harmless error sentencing claims in Federal courts.
What it changes
2 changes to H.R. 3132
We couldn't read part of this amendment. That part is shown as written below.
Change 1: Strikes the closing quotation marks and period at the end of page 42, line 6
StrikesPrinted page…
[struck: ".]Original wording
Page 42, line 6, strike the close quotation mark and the period
Change 2: Inserts new text on page 42, line 6
InsertsPrinted pageInserted: (k) Sentencing Claims.--A court, justice, or judge shall not have jurisdiction to consider an application with respect to an error relating to the applicant's sentence or sentencing that has been found to be harmless or not prejudicial in State court proceedings, or that was found by a State court to be procedurally barred, unless a determination that the error is not structural is contrary to clearly established Federal law, as determined by the Supreme Court of the United States.
Original wording
Page 42, after line 6, insert the following:
Shown as written
that follows.
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
Page 42, line 6, strike the close quotation mark and the period that follows.
Page 42, after line 6, insert the following:
“(k) Sentencing Claims.--A court, justice, or judge shall not have jurisdiction to consider an application with respect to an error relating to the applicant's sentence or sentencing that has been found to be harmless or not prejudicial in State court proceedings, or that was found by a State court to be procedurally barred, unless a determination that the error is not structural is contrary to clearly established Federal law, as determined by the Supreme Court of the United States.”.
Legislative Activity
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House amendment offered
September 14, 2005
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House amendment offered
September 14, 2005
Amendment agreed to Committee of the Whole
September 14, 2005 • 1:40 PM
House amendment agreed to: On agreeing to the Flake amendment (A013) Agreed to by voice vote.
September 14, 2005 • 1:40 PM
House amendment offered/reported by : Amendment (A013) offered by Mr. Flake.(consideration: CR H7906-7908; text: CR H7906)
September 14, 2005 • 1:36 PM
Amendment (A013) offered by Mr. Flake. (consideration: CR H7906-7908; text: CR H7906)
September 14, 2005 • 1:36 PM
On agreeing to the Flake amendment (A013) Agreed to by voice vote.
September 14, 2005 • 1:40 PM