SENATE AMENDED
PRIOR PRINTER'S NOS. 31, 123, 133 PRINTER'S NO. 142
No. 5 Special Session No. 1 of 1995
INTRODUCED BY PICCOLA, WAUGH, WALKO, BROWNE, BROWN, MASLAND,
GODSHALL, GRUITZA, PETRARCA, STRITTMATTER, WOZNIAK, TRELLO,
RAYMOND, SEMMEL, CLYMER, NYCE, PETTIT, HERSHEY, MERRY, CLARK,
S. H. SMITH, COWELL, SAINATO, COLAIZZO, DeWEESE, BUXTON,
TRAVAGLIO, BELFANTI, WASHINGTON, PISTELLA, McGEEHAN, FAJT,
SURRA, GAMBLE, BATTISTO, TANGRETTI, TULLI, FICHTER,
HUTCHINSON, BAKER, SCHULER, WOGAN, CIVERA, GEIST, HASAY, ZUG,
FAIRCHILD, CORNELL, CHADWICK, STISH, VANCE, BIRMELIN, SAYLOR,
RUBLEY, FARMER, MILLER, DEMPSEY, KING, NAILOR, O'BRIEN,
STEIL, FEESE, TRUE, STERN, ARMSTRONG, NICKOL, HARHART,
ARGALL, BARD, L. I. COHEN, J. TAYLOR, PLATTS, SCHRODER,
E. Z. TAYLOR, STAIRS, HENNESSEY, KELLER, BUTKOVITZ, LEDERER,
GLADECK, PERZEL, BARLEY, FLICK, FARGO, PITTS, RYAN, DeLUCA,
GIGLIOTTI, COY, GEORGE, LEH, D. W. SNYDER, SHEEHAN, PHILLIPS,
DENT AND BLAUM, FEBRUARY 1, 1995
SENATOR GREENLEAF, JUDICIARY, IN SENATE, AS AMENDED,
APRIL 25, 1995
AN ACT
1 Amending the act of April 9, 1929 (P.L.177, No.175), entitled
2 "An act providing for and reorganizing the conduct of the
3 executive and administrative work of the Commonwealth by the
4 Executive Department thereof and the administrative
5 departments, boards, commissions, and officers thereof,
6 including the boards of trustees of State Normal Schools, or
7 Teachers Colleges; abolishing, creating, reorganizing or
8 authorizing the reorganization of certain administrative
9 departments, boards, and commissions; defining the powers and
10 duties of the Governor and other executive and administrative
11 officers, and of the several administrative departments,
12 boards, commissions, and officers; fixing the salaries of the
13 Governor, Lieutenant Governor, and certain other executive
14 and administrative officers; providing for the appointment of
15 certain administrative officers, and of all deputies and
16 other assistants and employes in certain departments, boards,
17 and commissions; and prescribing the manner in which the
18 number and compensation of the deputies and all other
19 assistants and employes of certain departments, boards and
1 commissions shall be determined," further providing for the
2 powers and duties of the Board of Pardons.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Section 909 of the act of April 9, 1929 (P.L.177,
6 No.175), known as The Administrative Code of 1929, amended July
7 19, 1957 (P.L.1016, No.450) and repealed in part July 21, 1968
8 (P.L.769, No.240), is amended to read:
9 Section 909. Board of Pardons.--(a) The Board of Pardons
10 shall have the power to hear applications for the remission of
11 fines and forfeitures, and the granting of reprieves,
12 commutations of sentence, and pardons, except in cases of
13 impeachment, and to make recommendations in writing to the
14 Governor thereon, in the manner provided in and under and
15 subject to Article IV, Section 9, of the Constitution of this
16 Commonwealth.
17 (B) HEARINGS RELATING TO THE GRANTING OF REPRIEVES, <--
18 COMMUTATIONS OF SENTENCES AND PARDONS FOR PRISONERS SERVING LIFE
19 SENTENCES OR SENTENCES FOR CRIMES OF VIOLENCE MAY ONLY BE
20 GRANTED UPON APPROVAL BY A VOTE OF A MAJORITY OF THE MEMBERS OF
21 THE BOARD OF PARDONS.
22 (b) (C) The Board of Pardons shall adopt rules and <--
23 regulations governing its actions and no hearings or
24 recommendations [except those involving applicants under <--
25 sentence of death] shall be contrary thereto. IN CASES INVOLVING <--
26 APPLICANTS UNDER SENTENCE OF DEATH, THE APPLICATION SHALL BE
27 FILED WITHIN TEN DAYS OF THE GOVERNOR'S ISSUANCE OF A WARRANT
28 SPECIFYING A WEEK FOR EXECUTION.
29 (c) (D) The Board of Pardons shall provide notice to any <--
30 victim registered with the Department of Corrections or the
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1 board, as defined under section 479.1, of the opportunity to
2 offer prior comment on any application which has been granted a
3 hearing by the board pertaining to their case. The victim's
4 prior comment may be oral or written and shall be considered by
5 the board as to the advisability of any pardon or related
6 release and any conditions of release. The board shall provide
7 notice to victims of the date, time and place of any hearing
8 pertaining to their case.
9 (d) (E) Where the Board of Pardons chooses to hear the <--
10 application of an inmate serving a life sentence OR A SENTENCE <--
11 OF DEATH or an inmate serving a sentence for a crime of <--
12 violence, the Board of Pardons shall require the presence of the
13 inmate at the hearing. MURDER OF THE THIRD DEGREE, VOLUNTARY <--
14 MANSLAUGHTER, ATTEMPT TO COMMIT MURDER OF THE THIRD DEGREE OR
15 ATTEMPT TO COMMIT VOLUNTARY MANSLAUGHTER, EACH MEMBER OF THE
16 BOARD OF PARDONS SHALL INTERVIEW THE INMATE.
17 (F) WHERE THE BOARD OF PARDONS RECOMMENDS CLEMENCY FOR AN
18 APPLICANT DESCRIBED UNDER SUBSECTION (E), IT SHALL PLACE IN THE
19 RECOMMENDATION TO THE GOVERNOR THE REQUIREMENT THAT THE INMATE
20 SERVE AT LEAST ONE YEAR IN A PRERELEASE CENTER PRIOR TO THE
21 INMATE'S RELEASE ON PAROLE UNLESS TRANSFER OF THE INMATE TO A
22 PRERELEASE CENTER IS NOT APPROPRIATE DUE TO A CERTIFIED TERMINAL
23 ILLNESS.
24 (G) A COMMUTATION ORDER SIGNED BY THE GOVERNOR FOR AN INMATE
25 DESCRIBED UNDER SUBSECTION (E) SHALL CONTAIN THE REQUIREMENT
26 THAT THE INMATE SERVE AT LEAST ONE YEAR IN A PRERELEASE CENTER
27 PRIOR TO THE INMATE'S RELEASE ON PAROLE.
28 (e) (H) As used in this section, the term "crime of <--
29 violence" means:
30 (1) Murder of the third degree, voluntary manslaughter,
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1 rape, sexual assault, involuntary deviate sexual intercourse,
2 aggravated assault as defined in 18 Pa.C.S. § 2702(a)(1)
3 (relating to aggravated assault), robbery as defined in 18
4 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to robbery) or
5 kidnapping.
6 (2) An attempt to commit voluntary manslaughter, rape,
7 sexual assault, involuntary deviate sexual intercourse,
8 aggravated assault as defined in 18 Pa.C.S. § 2702(a)(1),
9 robbery as defined in 18 Pa.C.S. § 3701 (a)(1)(i), (ii) or (iii)
10 or kidnapping.
11 (3) To serve a sentence AN OFFENSE COMMITTED WHILE IN <--
12 VISIBLE POSSESSION OF A FIREARM FOR WHICH SENTENCING WAS IMPOSED
13 under 42 Pa.C.S. § 9712 (relating to sentences for offenses
14 committed with firearms).
15 Section 2. This act shall take effect in 60 days.
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