THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY WATERS, McGEEHAN, OLIVER, CALTAGIRONE, DALEY, HALUSKA, HORNAMAN, JOSEPHS, KORTZ, MYERS, SIPTROTH, WILLIAMS AND YOUNGBLOOD, APRIL 23, 2009

REFERRED TO COMMITTEE ON JUDICIARY, APRIL 23, 2009  

AN ACT

Providing for the payment of damages to certain persons who were

wrongly convicted.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Legislative intent.

The legislature finds that the innocent persons who have been

wrongly convicted of crimes and subsequently imprisoned have

been uniquely victimized, have distinct problems reentering

society, have difficulty achieving legal redress due to a

variety of substantive and technical obstacles in the law, and

that such persons should have an available avenue of redress

over and above the existing tort remedies to seek compensation

for damages. In light of the particular and substantial horror

of being imprisoned for a crime one did not commit, the

legislature intends by enactment of the provisions of this act

that those persons who can demonstrate that they were wrongfully

convicted receive immediate services upon release, and those who

can meet the higher standard of providing their actual innocence

be able to receive monetary compensation.

Section 2.  Short title.

This act shall be known and may be cited as the Claims for

Wrongful Conviction and Imprisonment Act.

Section 3.  Statement of claim for compensation.

(a)  Claim.--In order to present an actionable claim for

wrongful conviction and imprisonment, the claimant must

establish by documentary evidence all of the following:

(1)  That the claimant has been convicted of one or more

crimes and subsequently sentenced to a term of imprisonment

and has served all or any part of the sentence.

(2)  On grounds not inconsistent with innocence:

(i)  That the claimant was pardoned for the crime or

crimes for which the claimant was sentenced and which are

the grounds for the complaint.

(ii)  That the statute, or application thereof, on

which the accusatory instrument was based, violated the

Constitution of the United States or the Constitution of

Pennsylvania.

(iii)  That the judgment of conviction was vacated.

(iv)  That the judgment of conviction was reversed.

(3)  That there was a vacatur or reversal, either the

accusatory instrument was dismissed or, if a new trial was

held, the defendant was found not guilty.

(4)  That the claimant's claim is not time barred by the

provisions of section 7 of this act.

(b)  Verification.--The claim shall be verified by the

claimant.

(c)  Dismissal.--If the court finds that the claimant has not

alleged sufficient facts to succeed at trial, the court may

dismiss the claim, either on its own motion or on the

Commonwealth's motion.

Section 4.  Presentation of claim.

All claims of wrongful conviction and imprisonment shall be

presented to and heard in the court of common pleas having had

jurisdiction in the conviction that is the subject of the claim.

Section 5.  Judgment and award.

(a)  Requests.--In order to obtain a judgment in favor of the

claimant, the claimant must prove by a preponderance of the

evidence all of the following:

(1)  That the claimant was convicted of one or more

crimes and subsequently sentenced to a term of imprisonment

and has served all or any part of the sentence.

(2)  That the claimant has been pardoned for the crime or

crimes for which he was sentenced and which are the grounds

for the complaint, or the judgment of conviction was reversed

or vacated and one of the following apply:

(i)  the accusatory instrument was dismissed; or

(ii)  if a new trial was ordered, that either the

claimant was found not guilty at the new trial or the

claimant was not retried and the criminal complaint or

information was dismissed, provided that:

(A)  the judgment of conviction was reversed or

vacated, or the accusatory instrument was dismissed,

on grounds not inconsistent with innocence; or

(B)  the statute, or application thereof, on

which the criminal complaint or information was based

violated the Constitution of the United States or the

Constitution of Pennsylvania.

(3)  That the claimant did not commit any of the crimes

charged in the accusatory instrument, or the acts or

omissions charged in the accusatory instrument did not

constitute a crime.

(4)  That the claimant did not commit or suborn perjury

or fabricate evidence to cause or to bring about the

claimant's conviction. However, neither a confession or

admission later found to be false, nor a guilty plea to a

crime the claimant did not commit constitutes bringing about

the claimant's own conviction under this act.

(b)  Award.--If the court finds that the claimant was

wrongfully convicted and incarcerated under this act, the court

shall award all of the following:

(1)  Damages for the physical injury of wrongful

conviction and incarceration which shall be:

(i)  Not less than $50,000 for each year of

incarceration, with an additional $50,000 for each year

served on death row. This amount shall reflect:

(A)  Inflation from the date of enactment as

adjusted by the State auditor and partial years the

claimant served.

(B)  Consideration of:

(I)  Economic damages, including, but not

limited to:

(a)  lost wages;

(b)  costs associated with the

claimant's criminal defense and efforts to

prove innocence; and

(c)  medical and dental expenses

incurred or expected to be incurred after

release.

(II)  Noneconomic damages for:

(a)  personal physical injuries or

physical sickness; and

(b)  any nonphysical injuries or

sickness arising out of same, incurred

during or as a result of incarceration.

(2)  Up to ten years of physical and mental health care

through the State employees' health care system, to be offset

by any amount provided through the claimant's employers

during the time period.

(3)  Reimbursement for any tuition and fees paid for the

education of the claimant and any biological children that

were conceived prior to the claimant's incarceration for the

wrongful conviction at any community college or other unit of

the Pennsylvania State System of Higher Education, including

any necessary assistance to meet the criteria required

therefor or a mutually agreed upon vocational program and

employment skills development training.

(4)  Compensation for child support payments owed by the

claimant that became due and interest on child support

arrearages that accrued during the time served in prison but

were not paid.

(5)  Compensation for any reasonable costs incurred by

the claimant for immediate services secured upon exoneration

and release, including housing, transportation and

subsistence, reintegrative services and mental and physical

health care costs incurred by the claimant for the time

period between the claimant's release from wrongful

incarceration and the date of award.

(6)  Reasonable attorney fees for bringing a claim under

this act calculated at 10% of the damage award plus expenses,

provided that:

(i)  these fees, exclusive of expenses, shall not

exceed $75,000, as adjusted by the Auditor General to

account for inflation from the date of enactment; and

(ii)  these fees shall not be deducted from the

compensation due to the claimant, nor is counsel entitled

to receive additional fees from the client.

(c)  Exclusions.--The damage award shall not be subject to:

(1)  any cap applicable to private parties in civil

lawsuits;

(2)  any taxes, except for those portions of the judgment

awarded as attorney fees for bringing a claim under this act;

or

(3)  treatment as gross income to a claimant under the

provisions of the act of March 4, 1971 (P.L.6, No.2), known

as the Tax Reform Code of 1971.

(d)  Award, compromise or settlement.--The acceptance by the

claimant of any such award, compromise or settlement shall:

(1)  be reduced to writing; and

(2)  except when procured by fraud, be final and

conclusive on the claimant.

(e)  Future damages, offset.--Any future damages awarded to

the claimant resulting from an action by the claimant against

any unit of government within this Commonwealth by reason of the

same subject shall be offset by the damage award received under

this act.

(f)  Limitations on offset.--The damage award shall not be

offset by any expenses incurred by the State or any political

subdivision of the State, including, but not limited to:

(1)  Expenses incurred:

(i)  to secure the claimant's custody; or

(ii)  to feed, clothe or provide medical services for

said claimant.

(2)  The value of any services or reduction in fees for

service, or the value thereof to be provided to the claimant

that may be awarded to the claimant under this act.

(g)  Lien.--If the court finds that the claimant was

subjected to a lien under defense services rendered by the State

to defend the client in connection with the criminal case that

resulted in his wrongful conviction, the court shall extinguish

said lien.

(h)  Expungement.--The court may order the expungement of the

criminal record of the claimant in addition to any other remedy

provided to the claimant.

Section 6.  Notice.

(a)  Notice.--A court that grants relief to a claimant in

accordance with this act shall provide the claimant with a copy

of this act.

(b)  Acknowledgment.--The individual shall be required to

acknowledge receipt of a copy of this act in writing on a form

provided by the court.

(c)  Board of probation and parole.--The Pennsylvania Board

of Probation and Parole, upon the issuance of a full pardon

after the effective date of this act, shall provide a copy of

this act at the time the pardon is issued to the individual

pardoned. The individual shall be required to acknowledge

receipt of a copy of this act in writing on a form established

by the parole board, which shall be retained on file by the

parole board as part of its official records and shall be

admissible in any proceeding filed by the claimant under this

act.

(d)  Extension of time limit.--In the event the claimant

granted judicial relief or a full pardon on or after the

effective date of this act shows the claimant did not properly

receive a copy of the information required by this section, the

claimant shall receive a one-year extension on the three-year

time limit provided in section 7 of this act.

Section 7.  Time limitations.

(a)  Action for compensation.--An action for compensation

brought by a wrongfully convicted person under the provisions of

this act shall be commenced within three years after either the

grant of a pardon or the grant of judicial relief and

satisfaction of other conditions described in section 3(a) of

this act, provided, however, that any action by the Commonwealth

challenging or appealing the grant of said judicial relief shall

toll the three-year period. Persons convicted, incarcerated and

released from custody prior to the effective date of this act

shall commence an action under this act within three years of

said effective date thereof.

(b)  Notice of claim.--Notwithstanding any other provision of

law, failure to file any applicable notice of claim shall not

bar filing of a claim under this act.

Section 8.  Right of appeal.

Any party is entitled to the rights of appeal in accordance

with the laws of this Commonwealth.

Section 9.  Eligibility for immediate services.

(a)  Eligibility.--Any person convicted and subsequently

imprisoned for one or more crimes for which either the person is

pardoned on grounds not inconsistent with innocence or the

convictions are reversed or vacated on the basis of newly

discovered evidence, and either the charges are dismissed or the

person is subsequently retried and acquitted, shall receive up

to two years of immediate services needed upon release and for

successful return to society, including, but not limited to,

housing, which may include authorizing the prioritization of the

wrongfully convicted, secondary or higher education, vocational

training, transportation, subsistence monetary assistance,

reintegrative services and mental, physical and dental health

care. The need for these services shall be determined through a

review by the appropriate staff at the Department of Public

Welfare.

(b)  Order of court.--Where a conviction is vacated on legal

grounds, a judge may order that services similar to those in

section 9 be provided.

Section 20.  Effective date.

This act shall take effect in 60 days.