S 1088 · 109th Congress · Crime and Law Enforcement
Streamlined Procedures Act of 2005
Bill Progress
✓
Introduced2
Committee3
Senate Vote4
House5
EnactedLatest: Committee on the Judiciary. Hearings held. Hearings printed: S.Hrg. 109-366.(2005-11-16)
Plain Language Summary
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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 fina…
Summarized by Claude AI · Non-partisan · For informational purposes only
Cosponsors (4)
4 Republicans