Regular Session 2023-2024 House Bill 0231 P.N. 0192

PRINTER'S NO. 192

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

231

Session of

2023

INTRODUCED BY HILL-EVANS, MADDEN, BURGOS, HOHENSTEIN, SANCHEZ,

RABB, DELLOSO, HANBIDGE, CIRESI, D. WILLIAMS, KRAJEWSKI AND

HARKINS, MARCH 10, 2023

REFERRED TO COMMITTEE ON JUDICIARY, MARCH 10, 2023

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, in post-trial matters,

further providing for eligibility for relief, providing for

postconviction review for veterans with service-connected

mental health disability and further providing for

jurisdiction and proceedings; and, in sentencing, further

providing for sentencing procedure for murder of the first

degree.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 9543(a)(2) of Title 42 of the

Pennsylvania Consolidated Statutes is amended by adding a

subparagraph 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:

* * *

(2) That the conviction or sentence resulted from one or

more of the following:

* * *

(ix) Failure to consider evidence that the

petitioner has a service-connected mental health

disability as defined in section 9543.2(g) (relating to

postconviction review for veterans with service-connected

mental health disability).

* * *

Section 2. Title 42 is amended by adding a section to read:

§ 9543.2. Postconviction review for veterans with service-

connected mental health disability.

(a) Motion.--The following apply:

(1) An individual convicted of a criminal offense in a

court of this Commonwealth and serving a term of imprisonment

or awaiting execution because of a sentence of death may

submit a written motion to the sentencing court for the

performance or review of a mental health evaluation to

determine whether the individual has a service-connected

mental health disability.

(2) The applicant shall ensure that all necessary forms

authorizing the release of medical records have been

completed as of the date of the motion.

(b) Notice to the Commonwealth.--Upon receipt of a motion

under subsection (a), the court shall notify the Commonwealth

and shall afford the Commonwealth an opportunity to respond to

the motion.

applicant shall:

(1) In a capital case, assert that the outcome of the

mental health evaluation will establish a mitigating

circumstance under section 9711(e)(7.1) (relating to

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sentencing procedure for murder of the first degree).

(2) Present a prima facie case demonstrating that a

mental health evaluation would establish that the applicant's

service-connected mental health disability was a contributing

factor in the applicant's conviction for the underlying

offense.

(d) Order.--

(1) Except as provided in paragraph (2), the sentencing

court shall order the performance or review of the mental

health evaluation requested in a motion under subsection (a)

upon a determination, after review of the record of the

applicant's trial, that the:

(i) requirements of subsection (c) have been met;

(ii) applicant is a veteran who served in the United

States Armed Forces in a combat zone or other similar

hazardous duty area; and

(iii) motion is not made to delay the execution of

sentence or administration of justice.

(2) The court shall not order the performance or review

of the mental health evaluation requested in a motion under

subsection (a) if, after review of the record of the

applicant's trial, the court determines that there is no

reasonable possibility that the evaluation would produce

evidence that the individual has a service-connected mental

health disability that may be a contributing factor in the

applicant's conviction for the underlying offense.

(3) Upon issuance of an order under paragraph (1), the

president judge of the court of common pleas having

jurisdiction shall assign the motion for postconviction

relief for review to:

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(i) a veterans court; or

(ii) a judge trained to review matters pertaining to

veterans.

(4) If the court orders the performance or review of the

mental health evaluation requested in a motion under

subsection (a), the Department of Military and Veterans

Affairs may work with the United States Department of

Veterans Affairs to ensure that the applicant has the

opportunity to have a complete mental health evaluation

performed or reviewed by a health care practitioner with

expertise in service-connected mental health disabilities.

(e) Mental health evaluation procedures.--

(1) After the mental health evaluation conducted or

reviewed under this section has been completed, the applicant

may, in accordance with section 9545(b)(2) (relating to

jurisdiction and proceedings), during a 60-day period

beginning on the date on which the applicant is notified of

the evaluation results, petition to the court under

subsection (d)(3) for postconviction relief in accordance

with section 9543(a)(2)(ix) (relating to eligibility for

relief).

(2) Upon receipt of a petition filed under paragraph

(1), the court shall consider the petition along with any

answer filed by the Commonwealth and conduct a hearing.

(3) In a hearing on a petition for postconviction relief

filed under paragraph (1), the court shall determine whether

any evidence resulting from the mental health evaluation

conducted or reviewed under this section would have

reasonably altered the outcome of the trial or sentence.

(4) If the mental health evaluation indicates that the

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petitioner has a service-connected mental health disability,

the Commonwealth and the court shall take the steps

reasonably necessary to ensure that the Department of

Corrections is informed of the petitioner's disability status

and ensure that the petitioner receives all the protections

afforded to people with disabilities under 42 U.S.C. Ch. 126

(relating to equal opportunity for individuals with

disabilities).

(f) Effect of motion.--The filing of a motion for a mental

health evaluation in accordance with subsection (a) shall have

the following effect:

(1) The filing of the motion shall constitute the

applicant's consent to undergo a mental health evaluation.

(2) The data from an evaluation obtained as a result of

the motion may not be entered into law enforcement databases,

may not be used in the investigation of other crimes and may

not be used as evidence against the applicant in any manner.

(g) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Applicant." An individual who submits a written motion to a

sentencing court for the performance or review of a mental

health evaluation to determine whether the individual has a

service-connected mental health disability under subsection (a)

(1).

"Service-connected mental health disability." A mental

health disorder incurred in the course of and as a result of

active duty or training for active duty in the United States

Armed Forces.

Section 3. Section 9545(b)(1) of Title 42 is amended to

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read:

§ 9545. Jurisdiction and proceedings.

* * *

(b) Time for filing petition.--

(1) Any petition under this subchapter, including a

second or subsequent petition, shall be filed within one year

of the date the judgment becomes final, unless the petition

alleges and the petitioner proves that:

(i) the failure to raise the claim previously was

the result of interference by government officials with

the presentation of the claim in violation of the

Constitution or laws of this Commonwealth or the

Constitution or laws of the United States;

(ii) the facts upon which the claim is predicated

were unknown to the petitioner and could not have been

ascertained by the exercise of due diligence; [or]

(iii) the right asserted is a constitutional right

that was recognized by the Supreme Court of the United

States or the Supreme Court of Pennsylvania after the

time period provided in this section and has been held by

that court to apply retroactively[.]; or

(iv) evidence that the petitioner's diagnosis of a

service-connected mental health disability, as defined in

section 9543.2(g) (relating to postconviction review for

veterans with service-connected mental health

disability), was not considered by the court during the

proceedings that resulted in the petitioner's conviction

and sentencing.

* * *

Section 4. Section 9711(e) of Title 42 is amended by adding

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a paragraph to read:

§ 9711. Sentencing procedure for murder of the first degree.

* * *

(e) Mitigating circumstances.--Mitigating circumstances

shall include the following:

* * *

(7.1) The defendant has undergone a mental health

evaluation and has been found to have a service-connected

mental health disability as defined in section 9543.2(g)

(relating to postconviction review for veterans with service-

connected mental health disability).

* * *

Section 5. The Supreme Court shall have the power to adopt

rules as deemed necessary to carry out the amendment or addition

of 42 Pa.C.S. §§ 9543(a)(2)(ix), 9543.2, 9545(b)(1) and 9711(e)

(7.1).

Section 6. This act shall take effect in 60 days.

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