THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY MATZIE, D. COSTA, BELFANTI, SIPTROTH, WAGNER AND WHEATLEY, SEPTEMBER 22, 2009

REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 22, 2009  

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, providing for race in

sentencing in capital cases.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Chapter 97 of Title 42 of the Pennsylvania

Consolidated Statutes is amended by adding a subchapter to read:

SUBCHAPTER I

RACE IN SENTENCING IN CAPITAL CASES

Sec.

§ 9799.11.  Prohibition.

§ 9799.12.  Proof of racial discrimination.

§ 9799.13.  Hearing procedure.

§ 9799.11.  Prohibition.

No person shall be sentenced to death or shall be executed

under any judgment sought or obtained on the basis of race.

§ 9799.12.  Proof of racial discrimination.

(a)  Finding.--A finding that race was the basis of the

decision to seek or impose a death sentence may be established

if the court finds race was a significant factor in decisions to

seek or impose the sentence of death in the county, the

prosecutorial district or this Commonwealth at the time the

death sentence was sought or imposed.

(b)  Evidence.--Evidence relevant to establish a finding that

race was a significant factor in the decision to seek or impose

the sentence of death in this Commonwealth at the time the death

sentence was sought or imposed may include statistical evidence

or other evidence, including, but not limited to, sworn

testimony of attorneys, prosecutors, law enforcement officers,

jurors or other members of the criminal justice system or both.

Regardless of these factors, one or more of the following

applies:

(1)  Death sentences were sought or imposed significantly

more frequently upon persons of one race than upon persons of

another race.

(2)  Death sentences were sought or imposed significantly

more frequently as punishment for capital offenses against

persons of one race than as punishment for capital offenses

against persons of another race.

(3)  Race was a significant factor in decisions to

exercise peremptory challenges during jury selection.

A juror's testimony under this subsection shall be consistent

with Rule 606(b) of the Pennsylvania Rules of Evidence.

(c)  Burden of proof.--The defendant has the burden of

proving race was a significant factor in a decision to seek or

impose the sentence of death at the time the death sentence was

sought or imposed. The Commonwealth may offer evidence in

rebuttal of the claims or evidence of the defendant. The

Commonwealth may rebut a statistical showing of Statewide racial

disparities by introducing statistical evidence or other

evidence demonstrating racial discrimination did not occur at

the time the death penalty was sought or imposed. The court may

consider evidence of a program implemented prior to the

defendant's trial for the purpose of eliminating racial

disparities in its evaluation of whether the Commonwealth has

adequately addressed those disparities.

§ 9799.13.  Hearing procedure.

(a)  Duties of defendant.--The defendant shall state with

particularity how evidence supports a claim race was a

significant factor in a decision to seek or impose the sentence

of death in this Commonwealth at large at the time the death

sentence was sought or imposed. The claim shall be raised by the

defendant at the pretrial conference or in postconviction

proceedings.

(b)  Scheduling.--The court shall schedule a hearing on the

claim and shall prescribe a time for the submission of evidence

by both parties.

(c)  Finding.--If the court finds that race was a significant

factor in decisions to seek or impose the sentence of death in

this Commonwealth at the time the death sentence was sought or

imposed, it shall order that a death sentence shall not be

sought or that the death sentence imposed by the judgment shall

be vacated and the defendant resentenced to life imprisonment

without the possibility of parole.

(d)  Motion by defendant.--Notwithstanding a time limitation

contained in 42 Pa.C.S. Ch. 95 (relating to post-trial matters),

a defendant may seek relief from the defendant's death sentence

upon the ground that racial considerations played a significant

part in the decision to seek or impose a death sentence by

filing a motion seeking relief. The motion shall be filed within

one year of the effective date of this subchapter.

(e)  Procedures and hearing.--Except as specifically stated

in this section, the procedures and hearing on the motion

seeking relief from a death sentence upon the ground that race

was a significant factor in the decision to seek or impose the

sentence of death in this Commonwealth at the time the death

sentence was sought or imposed shall follow and comply with 42

Pa.C.S. Ch.95.

Section 2.  This act shall apply retroactively.

Section 3.  This act shall take effect in 60 days.