PRINTER'S NO. 886
No. 765 Session of 2007
INTRODUCED BY McGEEHAN, CALTAGIRONE, FREEMAN, GALLOWAY, HERSHEY, JAMES, KENNEY, LEACH, PALLONE, PHILLIPS, SIPTROTH, WHEATLEY, BELFANTI, CURRY, SONNEY AND MAHONEY, MARCH 19, 2007
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 19, 2007
AN ACT 1 Amending Title 42 (Judiciary and Judicial Procedure) of the 2 Pennsylvania Consolidated Statutes, providing for wrongful 3 conviction and imprisonment. 4 The General Assembly finds that innocent persons who have 5 been wrongfully convicted of crimes and subsequently imprisoned 6 have been uniquely victimized and have difficulty achieving 7 legal redress due to a variety of substantive and technical 8 obstacles in the law and that such persons should have an 9 available avenue of redress over and above the existing tort 10 remedies to seek compensation for damages. In light of the 11 particular and substantial horror of being imprisoned for a 12 crime one did not commit, the General Assembly intends by 13 enactment of the provisions of this act that those persons who 14 can demonstrate that they were imprisoned despite their actual 15 innocence be able to recover damages. 16 The General Assembly of the Commonwealth of Pennsylvania 17 hereby enacts as follows: 18 Section 1. Chapter 85 of Title 42 of the Pennsylvania
1 Consolidated Statutes is amended by adding a subchapter to read: 2 SUBCHAPTER B.1 3 CLAIMS FOR WRONGFUL CONVICTION AND IMPRISONMENT 4 Sec. 5 8531. Eligibility. 6 8532. Statement of claim. 7 8533. Presentation of claim. 8 8534. Award. 9 8535. Notice. 10 8536. Statute of limitations. 11 8537. Right of appeal. 12 § 8531. Eligibility. 13 Except as otherwise provided in this subchapter, a person 14 convicted and subsequently imprisoned for one or more crimes 15 which he did not commit may present a claim for damages against 16 the Commonwealth. 17 § 8532. Statement of claim. 18 (a) Evidentiary proof required.--In order to obtain a 19 judgment in his claim for unjust conviction and imprisonment, 20 the claimant must file a verified claim and establish by 21 documentary evidence that is both clear and compelling that: 22 (1) the claimant was convicted of or was persuaded to 23 plead guilty, no contest or nolo contendere to one or more 24 criminal offenses against the Commonwealth and subsequently 25 sentenced to a term of imprisonment and has served all or any 26 part of the sentence; 27 (2) (i) the claimant was pardoned upon the ground of 28 innocence of the crime or crimes for which the claimant 29 was sentenced and which are the grounds for the 30 complaint; or 20070H0765B0886 - 2 -
1 (ii) the claimant's judgment of conviction was 2 reversed or vacated, or his plea of guilty, no contest or 3 nolo contendere was withdrawn by leave of court, and the 4 indictment or information dismissed or, if a new trial 5 was ordered, either the claimant was found not guilty at 6 the new trial or was not retried and the indictment or 7 information dismissed, provided that the count or counts 8 dismissed were the sole basis for the imprisonment 9 complained of; 10 (3) the claimant's claim is not time-barred by the 11 provisions of section 8536 (relating to statute of 12 limitations); and 13 (4) the claimant has never been incarcerated in this 14 Commonwealth or in another jurisdiction for commission of a 15 felony. 16 (b) Statement of facts.--The claim shall state facts in 17 sufficient detail to permit the court to find that the claimant 18 is likely to succeed at trial in proving that: 19 (1) the claimant did not commit any of the acts charged 20 in the accusatory instrument or the claimant's acts or 21 omissions charged in the accusatory instrument did not 22 constitute a crime; and 23 (2) the claimant did not commit or suborn perjury or 24 fabricate evidence to cause or bring about his conviction. A 25 guilty plea to a crime the claimant did not commit does not 26 constitute perjury under this paragraph. 27 (c) Dismissal.--If the court finds after reading the claim 28 that the claimant is not likely to succeed at trial, it shall 29 dismiss the claim, either on its own motion or on the motion of 30 the Commonwealth. 20070H0765B0886 - 3 -
1 § 8533. Presentation of claim. 2 All claims of wrongful conviction and imprisonment shall be 3 presented to and heard by the court of common pleas of this 4 Commonwealth in accordance with the Pennsylvania Rules of Civil 5 Procedure. 6 § 8534. Award. 7 (a) Damages.--If the court finds that the claimant was 8 wrongfully convicted and imprisoned, it shall award damages 9 amounting to the greater of the following: 10 (1) for each day that the claimant was incarcerated, a 11 sum of money equivalent to the highest amount that a member 12 of the General Assembly would have been entitled to collect 13 for that day as a per diem under section 162(h)(1)(B) of the 14 Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 15 162(h)(1)(B)); or 16 (2) the claimant's actual salary or wage loss during the 17 period of incarceration, calculated on the basis of the 18 claimant's salary or wages immediately prior to the arrest 19 for the crime for which the claimant was unjustly convicted 20 and imprisoned. 21 (b) Award.--If the court finds that the claimant was 22 wrongfully convicted and imprisoned: 23 (1) (i) The court shall award damages which shall 24 include $50,000 for each year served on death row, as 25 adjusted to account for: 26 (A) inflation from the date of enactment; and 27 (B) partial years served. 28 (ii) Economic damages, including, but not limited 29 to, lost wages, costs associated with the claimant's 30 criminal defense and efforts to prove the claimant's 20070H0765B0886 - 4 -
1 innocence and medical expenses required after release. 2 (iii) Up to ten years of physical and mental health 3 care through the State employees health care system, to 4 be offset by any amount provided through the claimant's 5 employers during that time period. 6 (iv) Compensation for any reasonable reintegrative 7 services and mental and physical health care costs 8 incurred by the claimant for the time period between the 9 claimant's release from mistaken incarceration and the 10 date of the claimant's award. 11 (v) Reasonable attorney fees calculated at 10% of 12 the damage award plus expenses. These fees, exclusive of 13 expenses, shall not exceed $75,000, as adjusted to 14 account for inflation from the date of enactment. These 15 fees shall not be deducted from the compensation due to 16 the claimant, nor is counsel entitled to receive 17 additional fees from the client. 18 (2) The damage award shall not be subject to: 19 (i) any cap applicable to private parties in civil 20 lawsuits; or 21 (ii) any taxes, except for those portions of the 22 judgment awarded as attorney fees for bringing a claim 23 under this chapter. 24 (3) The acceptance by the claimant of any such award, 25 compromise or settlement shall be in writing and shall, 26 except when procured by fraud, be final and conclusive on the 27 claimant and shall constitute a complete release of any claim 28 against the Commonwealth and all political subdivisions of 29 the Commonwealth and a complete bar to any action by the 30 claimant against the Commonwealth or any political 20070H0765B0886 - 5 -
1 subdivision of the Commonwealth by reason of the same subject 2 matter. 3 (4) The damage award shall not be offset by any expenses 4 incurred by the Commonwealth or any political subdivision of 5 the Commonwealth, including, but not limited to, expenses 6 incurred to secure the claimant's custody or to feed, clothe 7 or provide medical services for the claimant, nor shall the 8 court offset against the award the value of any services or 9 reduction in fees for services or the value thereof to be 10 provided to the claimant that may be awarded to the claimant 11 pursuant to this section. 12 (c) Source of funds.--Damages awarded shall be paid out of 13 the General Fund. 14 § 8535. Notice. 15 (a) Court.--A court granting judicial relief consistent with 16 the criteria set forth in this subchapter shall provide a copy 17 of this subchapter to the individual seeking such relief at the 18 time the court determines that the claimant's claim is likely to 19 succeed. The individual shall be required to acknowledge his 20 receipt of a copy of this subchapter in writing on a form 21 established by the Supreme Court. The acknowledgment shall be 22 entered on the docket by the court and shall be admissible in 23 any proceeding filed by a claimant under this subchapter. 24 (b) Parole board.--The Pennsylvania Board of Probation and 25 Parole, upon the issuance of a full pardon on or after the 26 effective date of this subchapter, shall provide a copy of this 27 subchapter to the individual at the time of the granting of the 28 pardon. The individual shall be required to acknowledge his 29 receipt of a copy of this subchapter in writing on a form 30 established by the parole board, which shall be retained on file 20070H0765B0886 - 6 -
1 by the parole board as part of its official records and shall be 2 admissible in any proceeding filed by a claimant under this 3 subchapter. 4 (c) Failure to provide notice.--In the event a claimant 5 granted judicial relief or a full pardon on or after the 6 effective date of this subchapter shows he did not properly 7 receive a copy of the information required by this section, the 8 claimant shall receive a one-year extension on the three-year 9 time limit provided in section 8536 (relating to statute of 10 limitations). 11 (d) Notice by Supreme Court.--The Supreme Court shall make 12 reasonable attempts to notify all persons pardoned or granted 13 judicial relief consistent with this subchapter before the 14 enactment of this subchapter of their rights under this 15 subchapter. 16 § 8536. Statute of limitations. 17 An action for compensation brought by a wrongfully convicted 18 person under the provisions of this subchapter shall be 19 commenced within three years after either the grant of a pardon 20 or the grant of judicial relief and satisfaction of other 21 conditions described in section 8532 (relating to statement of 22 claim), provided, however, that any action by the Commonwealth 23 challenging or appealing the grant of such judicial relief shall 24 toll the three-year period. Persons convicted, incarcerated and 25 released from custody prior to the effective date of this 26 subchapter shall commence an action under this subchapter within 27 five years of the effective date. 28 § 8537. Right of appeal. 29 Any party is entitled to the rights of appeal afforded 30 parties in a civil action in accordance with the Pennsylvania 20070H0765B0886 - 7 -
1 Rules of Civil Procedure.
2 Section 2. This act shall take effect in 60 days.
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