Page:United States Statutes at Large Volume 110 Part 2.djvu/46

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110 STAT. 1220 PUBLIC LAW 104-132—APR. 24, 1996 SEC. 105. SECTION 2255 AMENDMENTS. Section 2255 of title 28, United States Code, is amended— (1) by striking the second and fifth undesignated paragraphs; and (2) by adding at the end the following new undesignated paragraphs: "A 1-year period of limitation shall apply to a motion under this section. The limitation period shall run from the latest of— "(1) the date on which the judgment of conviction becomes final; "(2) the date on which the impediment to making a motion created by governmental action in violation of the Constitution or laws of the United States is removed, if the movant was prevented from making a motion by such governmental action; "(3) the date on which the right asserted was initially recognized by the Supreme Court, if that right has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review; or "(4) the date on which the facts supporting the claim or claims presented could have been discovered through the exercise of due diligence. "Except as provided in section 408 of the Controlled Substances Act, in all proceedings brought under this section, and any subsequent proceedings on review, the court may appoint counsel, except as provided by a rule promulgated by the Supreme Court pursuant to statutory authority. Appointment of counsel under this section shall be governed by section 3006A of title 18. "A second or successive motion must be certified as provided in section 2244 by a panel of the appropriate court of appeals to contain— "(1) newly discovered evidence that, if proven and viewed in light of the evidence as a whole, would be sufficient to establish by clear and convincing evidence that no reasonable factfinder would have found the movant guilty of the offense; or "(2) a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable.". SEC. 106. LIMITS ON SECOND OR SUCCESSIVE APPLICATIONS. (a) CONFORMING AMENDMENT TO SECTION 2244(a).— Section 2244(a) of title 28, United States Code, is amended by striking "and the petition" and all that follows through "by such inquiry." and inserting ", except as provided in section 2255.". (b) LIMITS ON SECOND OR SUCCESSIVE APPLICATIONS. —Section 2244(b) of title 28, United States Code, is amended to read as follows: "(b)(1) A claim presented in a second or successive habeas corpus application under section 2254 that was presented in a prior application shall be dismissed. "(2) A claim presented in a second or successive habeas corpus application under section 2254 that was not presented in a prior application shall be dismissed unless— "(A) the applicant shows that the claim relies on a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable; or