Ask AI
S. 2446

Confidence in Criminal Justice Act of 2002

Confidence in Criminal Justice Act of 2002 - Amends the Federal judicial code to provide for the suspension of execution of a death sentence under specified circumstances upon notice by a party that has filed a motion for a stay of execution or for certiorari with, or that has been granted certiorari by, the United States Supreme Court. Treats a motion for a stay of execution as a petition for certiorari. Requires a U.S. justice or judge before whom a habeas corpus proceeding that involves the death sentence is pending to stay the execution until the proceeding is completed.

Amends the Federal criminal code to set forth provisions: (1) allowing and governing motions by imprisoned individuals for post-conviction DNA testing on specified evidence; and (2) regarding testing and reporting of test results. Prohibits the Government, for a specified period, from destroying biological material preserved if the defendant is serving a term of imprisonment following conviction in a case, with exceptions. Directs the Attorney General to establish a system for reporting and tracking motions under this Act. Prohibits a State from denying an application for DNA testing made by a prisoner in State custody who would be eligible for such testing under Federal provisions pursuant to this Act.

Entitles a defendant in a criminal action in a State court that may result in punishment by death, who is financially unable to obtain adequate representation or investigative, expert, or other reasonably necessary services before or after judgment, to the appointment of one or more attorneys and the furnishing of such services. Prescribes minimum experience requirements for such defense counsel.

Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S3865-3868)

Sen. Specter, Arlen [R-PA](R-PA)Sponsor
3 cosponsors2 D1 R
3cosponsors1committees3actions43subjects
  1. IntroReferral

    Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S3865-3868)

    Judiciary Committee
  2. IntroReferralB00100

    Sponsor introductory remarks on measure. (CR S3859-3865)

  3. IntroReferral10000

    Introduced in Senate