PRINTER'S NO. 1850
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1274
Session of
2015
INTRODUCED BY GREENLEAF, COSTA, WHITE, RAFFERTY, YUDICHAK AND
SCHWANK, MAY 25, 2016
REFERRED TO JUDICIARY, MAY 25, 2016
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in matters affecting
government units, further providing for exceptions to
sovereign immunity and providing for claims for wrongful
conviction and imprisonment.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 8522(b) of Title 42 of the Pennsylvania
Consolidated Statutes is amended by adding a paragraph to read:
§ 8522. Exceptions to sovereign immunity.
* * *
(b) Acts which may impose liability.--The following acts by
a Commonwealth party may result in the imposition of liability
on the Commonwealth and the defense of sovereign immunity shall
not be raised to claims for damages caused by:
* * *
(10) Wrongful conviction and imprisonment.--Wrongful
conviction and imprisonment for which claims may be brought
under Subchapter D (relating to claims for wrongful
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conviction and imprisonment).
Section 2. Chapter 85 of Title 42 is amended by adding a
subchapter to read:
SUBCHAPTER D
CLAIMS FOR WRONGFUL CONVICTION AND IMPRISONMENT
Sec.
8581. Eligibility.
8582. Statement of claim and basis of award.
8583. Commonwealth Court.
8584. Presentation of claim.
8585. Damages.
8586. Report and order.
8587. Notice.
8588. Statute of limitations.
§ 8581. Eligibility.
Any person convicted and subsequently imprisoned for one or
more crimes that the person did not commit and who has been
released from prison and is not subject to retrial, or the heirs
of such person if the person is deceased, may present a claim
for damages against the Commonwealth. Other than credit for time
served, a claimant is not entitled to compensation under this
subchapter for any portion of a sentence spent incarcerated
during which the claimant was also serving a consecutive or
concurrent sentence for another crime to which this subchapter
does not apply. The acceptance by the claimant of any judicial
award, compromise or settlement shall be in writing and shall,
except when procured by fraud, be final and conclusive on the
claimant and completely bar any further action by the claimant
against the Commonwealth for the same subject matter.
§ 8582. Statement of claim and basis of award.
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(a) Evidence of claim.--To present a claim for wrongful
conviction and imprisonment, the claimant must establish that:
(1) 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) The claimant's actual innocence has been established
by:
(i) being pardoned by the Governor for the crime or
crimes for which the claimant was sentenced, and which
are the basis for the claim, on the grounds that the
crime or crimes were either not committed at all or, if
committed, were not committed by the defendant;
(ii) having the judgment of conviction of the
claimant reversed or vacated and the accusatory
instrument dismissed if the judgment of conviction was
reversed or vacated or the accusatory instrument was
dismissed on grounds consistent with innocence; or
(iii) if a new trial was ordered, either being found
not guilty at the new trial or not being retried and the
accusatory instrument dismissed.
(b) Basis of award.--To obtain a judgment in the claimant's
favor, the claimant must demonstrate that:
(1) 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) By clear and convincing evidence the claimant's
actual innocence has been established under subsection (a)
(2).
§ 8583. Commonwealth Court.
Proceedings before the court shall be governed by rules
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established by the court, which shall emphasize, to the greatest
extent possible, informality of proceedings. No claimant shall
be required to be represented or accompanied by an attorney.
§ 8584. Presentation of claim.
All claims of wrongful conviction and imprisonment shall be
presented to and heard by Commonwealth Court. Upon presentation
of a claim under section 8582 (relating to statement of claim
and basis of award), the court shall fix a time and place to
hear the claim. At least 15 days prior to the time fixed for the
hearing, the court shall mail notice thereof to the claimant and
to the district attorney in the district where the claimant was
prosecuted for the crimes which serve as the basis for this
claim. The district attorney may offer evidence and argue in
opposition to the claim for damages. If the claimant was
prosecuted by the Office of Attorney General, that office,
rather than the district attorney, must be notified that it may
oppose the claim under this section.
§ 8585. Damages.
If Commonwealth Court finds that the claimant was wrongfully
convicted and imprisoned, it may award damages as follows:
(1) A minimum of $50,000 for each year of incarceration,
as adjusted annually to account for inflation from the
effective date of this section, and prorated for partial
years served.
(2) In a lump sum or as an annuity as chosen by the
claimant.
(3) Compensation for any reasonable reintegrative
services and mental and physical health care costs incurred
by the claimant for the time period between the claimant's
release from incarceration and the date of the claimant's
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award.
(4) Reasonable attorney fees calculated at 10% of the
damage award plus expenses. Exclusive of expenses, these fees
may not exceed $75,000, as adjusted annually to account for
inflation from the effective date of this section, unless the
court approves an additional amount for good cause. These
fees may not be deducted from the compensation due the
claimant nor may the claimant's counsel receive additional
fees from the client for this matter.
(5) Compensation to those entitled to child support
payments owed by the claimant that became due, and interest
on child support arrearages that accrued during the time the
claimant served in prison but were not paid. Such
compensation is to be provided out of the total cash award to
the claimant under paragraph (1).
(6) In any case for which compensation is authorized by
this subchapter, the payment of compensation may be:
(i) to or for the benefit of the claimant; or
(ii) in the case of death of the claimant, to or for
the benefit of any one or more of the heirs at law of the
claimant who at the time of the claimant's demise were
dependent upon the claimant for support.
(7) To decide damages, Commonwealth Court shall consider
all circumstances surrounding the claim, including, but not
limited to, the length of the claimant's wrongful
incarceration, any injuries the claimant sustained while
incarcerated, any other need for financial aid and any other
relevant matter. Insofar as practical, Commonwealth Court
shall formulate standards for uniform application in
recommending compensation.
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(8) The damage award is not subject to any cap
applicable to private parties in civil lawsuits.
(9) The damage award may not be offset by any expenses
incurred by the Commonwealth or any political subdivision of
the Commonwealth, including, but not limited to, expenses
incurred to secure the claimant's custody or to feed, clothe
or provide medical services for the claimant, nor may the
court offset the value of any services or reduction in fees
for services or the value thereof to be provided to the
claimant that may be awarded to the claimant under this
section.
(10) The award of damages shall include reimbursement
for any statutorily mandated and court-assessed costs, fines,
restitution and fees to the extent that they have been
collected.
(11) A decision of Commonwealth Court on behalf of the
claimant shall result in the automatic expungement of the
criminal history record of the claimant as it relates to the
crimes that form the basis of this claim. As part of its
decision, the court shall specifically direct the
Pennsylvania State Police and the prosecuting district
attorney of the original crimes that form the basis of this
claim to expunge the record consistent with this paragraph.
Accordingly, the court shall forward a copy of its decision
to the Pennsylvania State Police and to the prosecuting
district attorney.
(12) The damage award is not subject to any Commonwealth
taxes.
§ 8586. Report and order.
Commonwealth Court shall issue a ruling and order and provide
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the State Treasurer a statement of the total compensation due
and owing to the claimant from the Commonwealth.
§ 8587. Notice.
(a) Court.--A court granting judicial relief as described in
section 8582(a) (relating to statement of claim and basis of
award) shall provide a copy of this subchapter to the individual
seeking such relief at the time the court determines that the
claimant's claim is likely to succeed. The individual shall be
required to acknowledge receipt of a copy of this subchapter in
writing on a form established by the Supreme Court. The
acknowledgment shall be entered on the docket by the court and
shall be admissible in any proceeding filed by a claimant under
this subchapter.
(b) Board of Pardons.--Upon the issuance of a full pardon on
or after the effective date of this subchapter, the Board of
Pardons shall provide a copy of this subchapter to an individual
when pardoned as described in section 8582(a). The individual
shall be required to acknowledge receipt of a copy of this
subchapter in writing on a form established by the board, which
shall be retained on file by the board as part of its official
records and shall be admissible in any proceeding filed by a
claimant under this subchapter.
(c) Failure to provide notice.--In the event a claimant
granted judicial relief or a full pardon on or after the
effective date of this subchapter 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
two-year time limit provided in section 8588 (relating to
statute of limitations).
(d) Notice by Supreme Court.--The Supreme Court shall make
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reasonable attempts to notify all persons who were granted
judicial relief as described in section 8582(a), prior to the
enactment of this subchapter, of their rights under this
subchapter.
§ 8588. Statute of limitations.
An action for compensation brought by a wrongfully convicted
person under this subchapter shall be commenced within two years
after either the grant of a pardon or the grant of judicial
relief and satisfaction of other conditions described in section
8582 (relating to statement of claim and basis of award). Any
action by the Commonwealth challenging or appealing the grant of
judicial relief tolls the two-year period. Persons convicted,
incarcerated and released from custody prior to the effective
date of this subchapter shall commence an action under this
subchapter within five years of the effective date.
Section 3. This act shall take effect in 180 days.
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