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                                                       PRINTER'S NO. 784

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 714 Session of 2007


        INTRODUCED BY FERLO, GREENLEAF, COSTA, STOUT, WASHINGTON,
           KITCHEN, STACK AND FONTANA, APRIL 2, 2007

        REFERRED TO JUDICIARY, APRIL 2, 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.  Judgment and award.
     9  8535.  Notice.
    10  8536.  Statute of limitations.
    11  8537.  Right of appeal.
    12  § 8531.  Eligibility.
    13     Any person convicted and subsequently imprisoned for one or
    14  more crimes which he did not commit may, under the conditions
    15  hereinafter provided, present a claim for damages against the
    16  Commonwealth.
    17  § 8532.  Statement of claim.
    18     (a)  Evidence of claim.--In order to present an actionable
    19  claim for wrongful conviction and imprisonment, the claimant
    20  must establish by documentary evidence that:
    21         (1)  The claimant has been convicted of one or more
    22     crimes and subsequently sentenced to a term of imprisonment
    23     and has served all or any part of the sentence.
    24         (2)  The claimant's actual innocence has been established
    25     by:
    26             (i)  being pardoned for the crime or crimes for which
    27         the claimant was sentenced and which are the grounds for
    28         the complaint; or
    29             (ii)  having the judgment of conviction of the
    30         claimant reversed or vacated and the accusatory
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     1         instrument dismissed or, if a new trial was ordered,
     2         either being found not guilty at the new trial or not
     3         being retried and the accusatory instrument dismissed;
     4         provided that the judgment of conviction was reversed or
     5         vacated, or the accusatory instrument was dismissed on
     6         grounds not inconsistent with innocence or because the
     7         statute, or application thereof, on which the accusatory
     8         instrument was based violated the Constitution of the
     9         United States or the Constitution of Pennsylvania.
    10         (3)  The claimant's claim is not time-barred by the
    11     provisions of section 8536 (relating to statute of
    12     limitations).
    13     (b)  Statement of facts.--The claim shall state facts in
    14  sufficient detail to permit the court to find that the claimant
    15  is likely to succeed at trial in proving that:
    16         (1)  the claimant did not commit any of the acts charged
    17     in the accusatory instrument or the claimant's acts or
    18     omissions charged in the accusatory instrument did not
    19     constitute a crime; and
    20         (2)  the claimant did not commit or suborn perjury or
    21     fabricate evidence to cause or bring about his conviction. A
    22     guilty plea to a crime the claimant did not commit does not
    23     constitute perjury under this paragraph.
    24     (c)  Verification.--The claim shall be verified by the
    25  claimant.
    26     (d)  Dismissal.--If the court finds after reading the claim
    27  that the claimant is not likely to succeed at trial, it shall
    28  dismiss the claim, either on its own motion or on the motion of
    29  the Commonwealth.
    30  § 8533.  Presentation of claim.
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     1     All claims of wrongful conviction and imprisonment shall be
     2  presented to and heard by the court of common pleas of this
     3  Commonwealth in accordance with the Pennsylvania Rules of Civil
     4  Procedure.
     5  § 8534.  Judgment and award.
     6     (a)  Elements of proof.--In order to obtain a judgment in the
     7  claimant's favor, the claimant must provide evidence to prove
     8  that:
     9         (1)  he was convicted of one or more crimes and
    10     subsequently sentenced to a term of imprisonment, and has
    11     served all or any part of the sentence;
    12         (2)  (i)  the claimant has been pardoned for the crime or
    13         crimes for which he was sentenced and which are the
    14         grounds for the complaint; or
    15             (ii)  the claimant's judgment of conviction was
    16         reversed or vacated and the criminal action against the
    17         claimant was dismissed or, if a new trial was ordered,
    18         either the claimant was found not guilty at the new trial
    19         or he was not retried and the criminal action dismissed;
    20         provided that the judgment of conviction was reversed or
    21         vacated, or the criminal proceeding was dismissed, on
    22         grounds not inconsistent with innocence or because the
    23         statute, or application thereof, on which the accusatory
    24         instrument was based violated the Constitution of the
    25         United States or the Constitution of Pennsylvania;
    26         (3)  the claimant did not commit any of the acts charged
    27     in the accusatory instrument, nor did his acts or omissions
    28     charged in the accusatory instrument constitute a crime; and
    29         (4)  the claimant did not commit or suborn perjury, or
    30     fabricate evidence to cause or bring about his conviction. A
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     1     guilty plea to a crime the claimant did not commit does not
     2     constitute perjury for the purposes of this paragraph.
     3     (b)  Damages.--If the court finds that the claimant was
     4  wrongfully convicted and imprisoned, it shall award damages as
     5  follows:
     6         (1)  not less than $50,000 for each year of
     7     incarceration, with an additional $50,000 for each year
     8     served on death row, as adjusted by the Auditor General to
     9     account for:
    10         (i)  inflation from the date of enactment; and
    11         (ii)  partial years served;
    12         (2)  economic damages, including, but not limited to,
    13     lost wages, costs associated with the claimant's criminal
    14     defense and efforts to prove the claimant's innocence, and
    15     medical expenses required after release;
    16         (3)  up to ten years of physical and mental health care
    17     through the State employees' health care system, to be offset
    18     by any amount provided through the claimant's employers
    19     during that time period;
    20         (4)  compensation for any reasonable reintegrative
    21     services and mental and physical health care costs incurred
    22     by the claimant for the time period between his release from
    23     mistaken incarceration and the date of his award; and
    24         (5)  reasonable attorney fees calculated at 10% of the
    25     damage award plus expenses. These fees, exclusive of
    26     expenses, shall not exceed $75,000, as adjusted by the
    27     Auditor General to account for inflation from the effective
    28     date of this section. These fees shall not be deducted from
    29     the compensation due the claimant nor is counsel entitled to
    30     receive additional fees from the client.
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     1     (c)  Limitations.--The damage award shall not be subject to:
     2         (1)  any cap applicable to private parties in civil
     3     lawsuits; or
     4         (2)  any taxes, except for those portions of the judgment
     5     awarded as attorney fees for bringing a claim under this
     6     subchapter.
     7     (d)  Award, compromise and settlement.--The acceptance by the
     8  claimant of any such award, compromise or settlement shall be in
     9  writing and shall, except when procured by fraud, be final and
    10  conclusive on the claimant and shall constitute a complete
    11  release of any claim against the State and a complete bar to any
    12  action by the claimant against the State by reason of the same
    13  subject matter.
    14     (e)  Offset.--The damage award shall not be offset by any
    15  expenses incurred by the Commonwealth or any political
    16  subdivision of the Commonwealth, including, but not limited to,
    17  expenses incurred to secure the claimant's custody, or to feed,
    18  clothe or provide medical services for said claimant, nor shall
    19  the court offset against the award the value of any services or
    20  reduction in fees for services or the value thereof to be
    21  provided to the claimant that may be awarded to the claimant
    22  pursuant to this section.
    23  § 8335.  Notice.
    24     (a)  Court.--A court granting judicial relief consistent with
    25  the criteria set forth in this subchapter shall provide a copy
    26  of this subchapter to the individual seeking such relief at the
    27  time the court determines that the claimant's claim is likely to
    28  succeed. 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 Supreme Court. The acknowledgment shall be
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     1  entered on the docket by the court and shall be admissible in
     2  any proceeding filed by a claimant under this subchapter.
     3     (b)  Parole board.--The Pennsylvania Board of Probation and
     4  Parole, upon the issuance of a full pardon on or after the
     5  effective date of this subchapter, shall provide a copy of this
     6  subchapter to the individual at the time of the granting of the
     7  pardon. The individual shall be required to acknowledge his
     8  receipt of a copy of this subchapter in writing on a form
     9  established by the parole board, which shall be retained on file
    10  by the parole board as part of its official records and shall be
    11  admissible in any proceeding filed by a claimant under this
    12  subchapter.
    13     (c)  Failure to provide notice.--In the event a claimant
    14  granted judicial relief or a full pardon on or after the
    15  effective date of this subchapter shows he did not properly
    16  receive a copy of the information required by this section, the
    17  claimant shall receive a one-year extension on the three-year
    18  time limit provided in section 8536 (relating to statute of
    19  limitations).
    20     (d)  Notice by Supreme Court.--The Supreme Court shall make
    21  reasonable attempts to notify all persons pardoned or granted
    22  judicial relief consistent with this subchapter before the
    23  enactment of this subchapter of their rights under this
    24  subchapter.
    25  § 8536.  Statute of limitations.
    26     An action for compensation brought by a wrongfully convicted
    27  person under the provisions of this subchapter shall be
    28  commenced within three years after either the grant of a pardon
    29  or the grant of judicial relief and satisfaction of other
    30  conditions described in section 8532 (relating to statement of
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     1  claim), provided, however, that any action by the Commonwealth
     2  challenging or appealing the grant of said judicial relief shall
     3  toll the three-year period. Persons convicted, incarcerated and
     4  released from custody prior to the effective date of this
     5  subchapter shall commence an action under this subchapter within
     6  five years of the effective date.
     7  § 8537.  Right of appeal.
     8     Any party is entitled to the rights of appeal afforded
     9  parties in a civil action in accordance with the Pennsylvania
    10  Rules of Civil Procedure.
    11     Section 2.  This act shall take effect in 60 days.













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