PRINTER'S NO. 2532
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1802
Session of
2017
INTRODUCED BY NESBIT, BRIGGS, D. COSTA, GILLEN, McCLINTON,
NEILSON, PICKETT AND SCHLOSSBERG, OCTOBER 3, 2017
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 3, 2017
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in post-trial matters,
further providing for eligibility for relief and for
jurisdiction and proceedings.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 9543(a)(1) and 9545(b)(2) of Title 42 of
the Pennsylvania Consolidated Statutes are amended to read:
§ 9543. Eligibility for relief.
(a) General rule.--To be eligible for relief under this
subchapter, the petitioner must plead and prove by a
preponderance of the evidence all of the following:
(1) That the petitioner has been convicted of a crime
under the laws of this Commonwealth. [and is at the time
relief is granted:
(i) currently serving a sentence of imprisonment,
probation or parole for the crime;
(ii) awaiting execution of a sentence of death for
the crime; or
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
(iii) serving a sentence which must expire before
the person may commence serving the disputed sentence.]
* * *
§ 9545. Jurisdiction and proceedings.
* * *
(b) Time for filing petition.--
* * *
(2) Any petition invoking an exception provided in
paragraph (1) shall be filed within [60 days] one year of the
date [the claim could have been presented.] when the grounds
for the exception were discovered or reasonably could have
been discovered.
* * *
Section 2. This act shall take effect in 60 days.
20170HB1802PN2532 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14