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PRINTER'S NO. 3431
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2794
Session of
2022
INTRODUCED BY RYAN, YOUNG, CONKLIN, DELLOSO, GUENST, HENNESSEY,
KINSEY, MADDEN, McNEILL, MOUL, SANCHEZ, STAATS, BURGOS,
KENYATTA, PARKER, D. WILLIAMS, HOHENSTEIN, KINKEAD, CEPHAS,
HELM, JONES AND BRIGGS, SEPTEMBER 1, 2022
REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 1, 2022
AN ACT
Amending Titles 42 (Judiciary and Judicial Procedure) and 61
(Prisons and Parole) of the Pennsylvania Consolidated
Statutes, in matters affecting government units, further
providing for exceptions to sovereign immunity, for
limitations on damages and for exceptions to governmental
immunity and providing for petition for compensation for
wrongful conviction; in general administration, providing for
services after wrongful conviction; and, in Pennsylvania
Board of Probation and Parole, further providing for powers
and duties of department.
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:
* * *
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(11) Wrongful conviction.--An action for wrongful
conviction under section 8583 (relating to petition for
compensation for wrongful conviction).
Section 2. Section 8528(d) of Title 42 is amended to read:
§ 8528. Limitations on damages.
* * *
(d) Exclusions.--This section shall not apply to damages
awarded under section 8522(b)(10) or (11).
Section 3. Section 8542(b) of Title 42 is amended by adding
a paragraph to read:
§ 8542. Exceptions to governmental immunity.
* * *
(b) Acts which may impose liability.--The following acts by
a local agency or any of its employees may result in the
imposition of liability on a local agency:
* * *
(10) Wrongful conviction.--An action for wrongful
conviction under section 8583 (relating to petition for
compensation for wrongful conviction).
* * *
Section 4. Chapter 85 of Title 42 is amended by adding a
subchapter to read:
SUBCHAPTER D
PETITION FOR COMPENSATION FOR WRONGFUL CONVICTION
Sec.
8581. Scope of subchapter.
8582. (Reserved).
8583. Petition for compensation for wrongful conviction.
§ 8581. Scope of subchapter.
This subchapter relates to the provision of compensation for
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a wrongfully convicted individual.
§ 8582. (Reserved).
§ 8583. Petition for compensation for wrongful conviction.
(a) General rule.--An action may be brought under this
subchapter to recover damages for a wrongful conviction of an
individual.
(b) Petition.--A petition to enforce the right of action
created by this section may be brought by:
(1) The wrongfully convicted individual.
(2) If the wrongfully convicted individual is deceased,
the heirs of the wrongfully convicted, whether or not
residents of this Commonwealth or elsewhere, in accordance
with the following:
(i) The damages recovered shall be distributed to
the beneficiaries in the proportion they would take the
personal estate of the decedent in the case of intestacy.
(ii) The damages may not be paid to creditors of the
deceased person under the statutes of this Commonwealth.
(c) Burden of petitioner.--In an action under this section,
the plaintiff has the burden of proving by a preponderance of
the evidence:
(1) the petitioner was convicted of an offense;
(2) the petitioner was sentenced to incarceration, or to
confinement in an institution under section 6403 (relating to
court-ordered involuntary treatment), based on that
conviction, and has served all or any part of that sentence;
(3) either:
(i) the charges against the petitioner were
dismissed after the conviction was overturned, reversed
or vacated on director collateral review on the basis of
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innocence and the charges were not refiled; or
(ii) the petitioner was acquitted of the charges
upon retrial; and
(4) the petitioner was not convicted of any lesser
included felony arising from the same set of facts as the
crime for which the petitioner was convicted.
(d) Burden of respondent.--In an action under this section,
the respondent has the burden of proving by a preponderance of
the evidence that the petitioner is not entitled to compensation
under any of the following:
(1) The petitioner was an accomplice in the commission
of the crime for which the petitioner was convicted.
(2) The petitioner committed perjury or fabricated
evidence at the original trial. A confession or admission
later found to be false or a guilty plea does not constitute
perjury or fabrication of evidence for the purposes of this
paragraph.
(e) Special damages.--In an action brought under this
section, the plaintiff shall be entitled to recover the
following:
(1) Statutory noneconomic damages, as adjusted by
subsection (f), of $100,000 for each year of imprisonment or
involuntary treatment while awaiting a sentence of death.
(2) Statutory noneconomic damages, as adjusted by
subsection (f), of $75,000 for each year of imprisonment or
involuntary treatment for any other sentence.
(3) Statutory noneconomic damages, as adjusted by
subsection (f), of $50,000 for each year spent on parole or
probation.
(4) In calculation of any of the statutory noneconomic
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damages, partial years shall receive prorated payment.
(5) Compensation to those entitled to child support
payments owed by the petitioner that became due, and interest
on child support arrearages that accrued, during the time
that the petitioner served in prison but were not paid.
(6) Reasonable attorney fees and costs incurred in
obtaining relief under this subchapter. The fees and costs
under this paragraph may not be deducted from the
petitioner's damages award. The petitioner's attorneys may
collect any fees or costs in excess of the amounts awarded
under this section.
(7) Reimbursement of any unreimbursed costs, fines, fees
or surcharges imposed on the petitioner as a result of the
conviction which were paid by or on behalf of the petitioner.
(8) Reimbursement of any unreimbursed restitution paid
by the petitioner as a result of the conviction.
(9) Compensation for any reasonable reintegrative
services and mental and physical health care costs incurred
by the petitioner for the period between the petitioner's
release from incarceration or involuntary treatment and the
date of the petitioner's award.
(10) The petitioner shall be eligible for any separation
services and programs available to any other person leaving
incarceration.
(11) An order for limited access to the criminal record
under 18 Pa.C.S. § 9122.2 (relating to clean slate limited
access).
(f) Adjustment of statutory noneconomic damages.--Beginning
in 2022, and every year thereafter, the State Court
Administrator shall determine the percentage increase or
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decrease in the cost of living for the previous calendar year,
based on changes in the Consumer Price Index for All Urban
Consumer, Mid-Atlantic Region (All), as published by the Bureau
of Labor Statistics of the United States Department of Labor.
The increases or decreases shall be made in accordance with the
following:
(1) On or before July 1 of the year in which the State
Court Administrator makes the determination required by this
subsection, the State Court Administrator shall adjust the
amounts prescribed under subsection (e)(1), (2) or (3) for
the following calendar year by multiplying the amounts
applicable to the calendar year in which the adjustment is
made by the percentage amount determined under this
subsection.
(2) The adjustment may not exceed 3% for any year.
(3) The State Court Administrator shall round the
adjusted limitation amount to the nearest $100. The unrounded
amount shall be used to calculate the adjustments to the
amounts in subsequent calendar years.
(4) The adjusted amounts become effective on July 1 of
the year in which the adjustment is made, and apply to all
claims filed under this section on or after July 1 of that
year and before July 1 of the subsequent year.
(g) Payment of award.--An award of damages on a petition
under this section shall be paid to the petitioner in a lump
sum.
(h) Taxes.--Damages awarded on a petition under this section
may not be subject to any Commonwealth taxes.
(i) Civil offset and reimbursement.--If the petitioner
receives a monetary award against the Commonwealth or any
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political subdivision thereof in a civil action for wrongful
conviction or imprisonment for the crimes at issue in the
petition, or has entered into a settlement agreement with the
Commonwealth or any political subdivision thereof for wrongful
conviction or imprisonment for the crimes at issue in the
petition, the following shall apply:
(1) An award under this section will be reduced to the
extent of any noneconomic damages received in the civil
action award or settlement agreement, less any attorney fees,
expenses and out-of-pocket costs paid by the petitioner in
connection with obtaining the civil action award or
settlement.
(2) If the petitioner has already received an award
under this section, the petitioner shall reimburse the
Commonwealth or local agency to the extent of any noneconomic
damages received in the civil action award or settlement
agreement, less any attorney fees, expenses and out-of-pocket
costs paid by the petitioner in obtaining the civil action
award or settlement up to the full amount awarded under the
petition.
(3) Expenses incurred by the Commonwealth or any of its
agencies or subdivisions, including expenses incurred to
secure the petitioner's custody or involuntary treatment
under section 6403 (relating to c ourt-ordered involuntary
treatment ), or to feed, clothe or provide medical services
for the petitioner while imprisoned and the value of any
goods or services provided to the petitioner under 61 Pa.C.S.
Ch. 11 Subch. E (relating to services after wrongful
conviction) are not subject to reimbursement under this
subsection.
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(j) Statute of limitations.--A petition under this section
must be filed within six years of the date of release from
incarceration or involuntary treatment or the reversal of the
conviction whichever is later.
Section 5. Chapter 11 of Title 61 is amended by adding a
subchapter to read:
SUBCHAPTER E
SERVICES AFTER WRONGFUL CONVICTION
Sec.
1181. Scope of subchapter.
1182. (Reserved).
1183. Eligibility for services after wrongful imprisonment.
1184. Services.
1185. Regulations.
§ 1181. Scope of subchapter.
This subchapter relates to the provision of notice of and the
eligibility of individuals for services after release from
wrongful imprisonment.
§ 1182. (Reserved).
§ 1183. Eligibility for services after wrongful imprisonment.
Individuals released from incarceration in a State
correctional institution or from involuntary treatment under 42
Pa.C.S. § 6403 (relating to court-ordered involuntary
treatment), as a result of the reversal, overturning or vacation
of a criminal conviction or pardon or commutation granted, and
individuals who receive a pardon or whose convictions are
reversed, overturned or vacated after the individual has been
released from incarceration in a State correctional institution
or from involuntary treatment under 42 Pa.C.S. § 6403, shall be
entitled to and the Commonwealth shall provide each service
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under section 1184 (relating to services).
§ 1184. Services.
The Commonwealth shall provide the following services to
eligible individuals under section 1183 (relating to
e ligibility for services after wrongful imprisonment):
(1) Services and programs at community corrections
centers and group homes under 37 Pa. Code § 94.3 (relating to
procedures for participation in prerelease programs).
(2) General assistance under 55 Pa. Code § 141.61
(relating to policy).
(3) Medical assistance for categorically needy, under
the following:
(i) 55 Pa. Code § 165.41 (relating to eligibility
for special allowances for supportive services).
(ii) 55 Pa. Code § 165.42 (relating to advance
provision of special allowances for supportive services).
(iii) 55 Pa. Code § 165.43 (relating to requests for
special allowances for supportive services and time
frames for eligibility determinations).
(iv) 55 Pa. Code § 165.44 (relating to verification
for special allowances for supportive services).
(v) 55 Pa. Code § 165.45 (relating to time frames
for authorization of special allowances for supportive
services).
(vi) 55 Pa. Code § 165.46 (relating to types of
special allowances for supportive services).
§ 1185. Regulations.
(a) Department of Human Services.-- Within 120 days of the
effective date of this section, the Department of Human Services
shall promulgate regulations to implement the provision of
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benefits under this section. The regulations shall include:
(1) Creation of an application for benefits.
(2) Designation of a person or division to process
application forms for benefits that are received by the
Department of Human Services.
(3) Drafting of procedures and guidelines for making
determinations on applications.
(4) Requiring determinations to be made within 14 days
of receipt of an application.
(b) Department.--Within 120 days of the effective date of
this section, the department shall promulgate regulations to
ensure that the Department of Human Services receives
identifying information for each individual who is released from
incarceration or involuntary treatment based on dismissal or
acquittal following overturning, vacation or reversal of the
individual's conviction or on gubernatorial pardon or
commutation and to ensure each individual is provided with:
(1) An application form for benefits under this section.
(2) An emergency stipend.
(c) Administrative Office of Pennsylvania Courts.--Within
120 days of the effective date of this section, the
Administrative Office of Pennsylvania Courts shall promulgate
rules of judicial administration to ensure that the Department
of Human Services receives identifying information for each
individual who, after having been released from incarceration or
involuntary treatment, is acquitted of the charges underlying
the incarceration or involuntary treatment or has the charges
dismissed after the underlying conviction has been overturned,
vacated or reversed and to ensure that each individual is
provided with all the following:
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(1) An application form for benefits under this section.
(2) An emergency stipend.
(d) Board of Pardons.--Within 120 days of the effective date
of this section, the Board of Pardons shall promulgate
regulations to ensure the Department of Human Services receives
identifying information for each individual who, after having
been released from incarceration or involuntary treatment, is
pardoned of the charges underlying the incarceration or
involuntary treatment and to ensure that each individual is
provided with:
(1) An application form for benefits under this section.
(2) An emergency stipend.
Section 6. Section 6171(a) of Title 61 is amended by adding
a paragraph to read:
§ 6171. Powers and duties of department.
(a) Powers and duties.--The department shall have the
following powers and duties:
* * *
(24) Assist the transition of a person who has been
exonerated and ensure access to the services and programs
provided to individuals paroled under section 6132 (relating
to specific powers of board involving offenders).
* * *
Section 7. This act shall take effect in 60 days.
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