Page:United States Statutes at Large Volume 110 Part 2.djvu/52

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110 STAT. 1226 PUBLIC LAW 104-132—APR. 24, 1996 Reports. 28 USC 2261 note. "(B)(i) A court of appeals shall decide whether to grant a petition for rehearing or other request for rehearing en banc not later than 30 days after the date on which the petition for rehearing is filed unless a responsive pleading is required, in which case the court shall decide whether to grant the petition not later than 30 days after the date on which the responsive pleading is filed. "(ii) If a petition for rehearing or rehearing en banc is granted, the court of appeals shall hear and render a final determination of the appeal not later than 120 days after the date on which the order granting rehearing or rehearing en banc is entered. "(2) The time limitations under paragraph (1) shall apply to— "(A) an initial application for a writ of habeas corpus; "(B) any second or successive application for a writ of habeas corpus; and "(C) any redetermination of an application for a writ of habeas corpus or related appeal following a remand by the court of appeals en banc or the Supreme Court for further proceedings, in which case the limitation period shall run from the date the remand is ordered. "(3) The time limitations under this section shall not be construed to entitle an applicant to a stay of execution, to which the applicant would otherwise not be entitled, for the purpose of litigating any application or appeal. "(4)(A) The failure of a court to meet or comply with a time limitation under this section shall not be a ground for granting relief from a judgment of conviction or sentence. "(B) The State may enforce a time limitation under this section by applying for a writ of mandamus to the Supreme Court. "(5) The Administrative Office of the United States Courts shall submit to Congress an annual report on the compliance by the courts of appeals with the time limitations under this section.". (b) TECHNICAL AMENDMENT.— The part analysis for part IV of title 28, United States Code, is amended by adding after the item relating to chapter 153 the following new item: "154. Special habeas corpus procedures in capital cases 2261.". (c) EFFECTIVE DATE. —Chapter 154 of title 28, United States Code (as added by subsection (a)) shall apply to cases pending on or after the date of enactment of this Act. SEC. 108. TECHNICAL AMENDMENT, Section 408(q) of the Controlled Substances Act (21 U.S.C. 848(q)) is amended by amending paragraph (9) to read as follows: "(9) Upon a finding that investigative, expert, or other services are reasonably necessary for the representation of the defendant, whether in connection with issues relating to guilt or the sentence, the court may authorize the defendant's attorneys to obtain such services on behalf of the defendant and, if so authorized, shall order the payment of fees and expenses therefor under paragraph (10). No ex parte proceeding, communication, or request may be considered pursuant to this section unless a proper showing is made concerning the need for confidentiality. Any such proceeding, communication, or request shall be transcribed and made a part of the record available for appellate review.".