Bill Text: IL HR1319 | 2015-2016 | 99th General Assembly | Introduced

Bill Title: Urges Congress to amend 28 U.S.C. 225 to provide that post-conviction relief for federal offenses be available in cases if exculpatory evidence has been withheld from a person and either the person was convicted and sentenced to probation or the person has been released from federal incarceration.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-01-03 - Rule 19(b) / Re-referred to Rules Committee [HR1319 Detail]

Download: Illinois-2015-HR1319-Introduced.html

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2 WHEREAS, Federal law, 28 U.S.C. 2255, provides in part that
3a prisoner in custody under sentence of a court established by
4an Act of Congress claiming the right to be released upon the
5ground that the sentence was imposed in violation of the
6Constitution or laws of the United States, or that the court
7was without jurisdiction to impose the sentence, or that the
8sentence was in excess of the maximum authorized by law or is
9otherwise subject to collateral attack, may move the court
10which imposed the sentence to vacate, set aside or correct the
11sentence; and
12 WHEREAS, The United States Supreme Court held in Brady v.
13Maryland, 373 U.S. 83 (1963) that suppression by the
14prosecution of evidence favorable to an accused who has
15requested it violates due process if the evidence is material
16either to guilt or to punishment, irrespective of the good
17faith or bad faith of the prosecution; and
18 WHEREAS, Rule 16(a)(1)(E)(i) of the Federal Rules of
19Criminal Procedure provides that upon a defendant's request,
20the government must permit the defendant to inspect and to copy
21or photograph books, papers, documents, data, photographs,
22tangible objects, buildings or places, or copies or portions of
23any of these items, if the item is within the government's

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1possession, custody, or control and the item is material to
2preparing the defense or the government intends to use the item
3at trial; and
4 WHEREAS, Prosecutors continue to be found to have withheld
5exculpatory evidence favorable to the accused; and
6 WHEREAS, This results in convictions giving persons a
7criminal record and making it difficult for them to find a job
8and reconstruct a life after prison; and
9 WHEREAS, This abuse exists both in the federal and state
10criminal justice systems; and
11 WHEREAS, Federal post-conviction relief under 28 U.S.C.
122255 only applies to persons currently in custody; and
13 WHEREAS, It may be many years after a person is released
14from federal custody that the person discovers that the
15prosecutor of the case that resulted in his or her conviction
16withheld exculpatory evidence; and
17 WHEREAS, Federal post-conviction relief should be extended
18to a person sentenced to probation or already released from
19custody if the prosecutor of the case that resulted in his or
20her conviction withheld exculpatory evidence; therefore, be it

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3urge Congress to amend 28 U.S.C. 2255 to provide that relief is
4available in cases when exculpatory evidence has been withheld
5from a person and either the person was convicted and sentenced
6to probation or the person has been released from federal
7incarceration; and be it further
8 RESOLVED, That suitable copies of this resolution be
9forwarded to the Speaker of the United States House of
10Representatives, the President pro tempore of the United States
11Senate, the Majority and Minority leaders of the United States
12Senate and House of Representatives, and to each member of the
13Illinois Congressional delegation.