Page:United States Statutes at Large Volume 110 Part 2.djvu/43

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PUBLIC LAW 104-132—APR. 24, 1996 110 STAT. 1217 Sec. 822. Grants to State and local law enforcement for training and equipment. Sec. 823. Funding soiu-ce. TITLE IX—MISCELLANEOUS Sec. 901. Expansion of territorial sea. Sec. 902. Proof of citizenship. Sec. 903. Representation fees in criminal cases. Sec. 904. Severability. TITLE I—HABEAS CORPUS REFORM SEC. 101. FILING DEADLINES. Section 2244 of title 28, United States Code, is amended by adding at the end the following new subsection: "(d)(1) A 1-year period of limitation shall apply to an application for a writ of habeas corpus by a person in custody pursuant to the judgment of a State court. The limitation period shall run from the latest of— "(A) the date on which the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review; "(B) the date on which the impediment to filing an application created by State action in violation of the Constitution or laws of the United States is removed, if the applicant was prevented from filing by such State action; "(C) the date on which the constitutional right asserted was initially recognized by the Supreme Court, if the right has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review; or "(D) the date on which the factual predicate of the claim or claims presented could have been discovered through the exercise of due diligence. "(2) The time during which a properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment or claim is pending shall not be counted toward any period of limitation under this subsection.". SEC. 102. APPEAL. Section 2253 of title 28, United States Code, is amended to read as follows: §2253. Appeal "(a) In a habeas corpus proceeding or a proceeding under section 2255 before a district judge, the final order shall be subject to review, on appeal, by the court of appeals for the circuit in which the proceeding is held. "(b) There shall be no right of appeal from a final order in a proceeding to test the validity of a warrant to remove to another district or place for commitment or trial a person charged with a criminal offense against the United States, or to test the validity of such person's detention pending removal proceedings. "(c)(1) Unless a circuit justice or judge issues a certificate of appealability, an appeal may not be taken to the court of appeals from— "(A) the final order in a habeas corpus proceeding in which the detention complained of arises out of process issued by a State court; or "(B) the final order in a proceeding under section 2255. Courts.