SENATE AMENDED
PRIOR PRINTER'S NO. 95 PRINTER'S NO. 1772
No. 87 Session of 1997
INTRODUCED BY CHADWICK, BAKER, SEMMEL, CORRIGAN, MASLAND,
PHILLIPS, GEIST, WOGAN, DeLUCA, CLARK, SATHER, LYNCH, SAYLOR,
DEMPSEY, ZUG, FARGO, MAITLAND, SCHULER, GLADECK, CIVERA,
SEYFERT AND CASORIO, JANUARY 28, 1997
SENATOR GREENLEAF, JUDICIARY, IN SENATE, AS AMENDED, MAY 7, 1997
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, providing for presigned
3 waiver of extradition; AND FURTHER PROVIDING FOR POST <--
4 CONVICTION RELIEF.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Title 42 of the Pennsylvania Consolidated
8 Statutes is amended by adding a section to read:
9 § 9146.1. Presigned waiver of extradition.
10 Notwithstanding any other provision of law, a law enforcement
11 agency in this Commonwealth holding a person who is alleged to
12 have broken the terms of his probation, parole, bail or any
13 other release in the demanding state shall immediately deliver
14 that person to the duly authorized agent of the demanding state
15 without the requirement of a Governor's warrant, if all of the
16 following apply:
17 (1) The person has signed a prior waiver of extradition
1 as a term of his current probation, parole, bail or other
2 release in the demanding state.
3 (2) The law enforcement agency holding the person has
4 received an authenticated copy of the prior waiver of
5 extradition signed by the person and photographs or
6 fingerprints or other evidence properly identifying the
7 person as the person who signed the waiver.
8 (3) ALL OPEN CRIMINAL CHARGES IN THIS COMMONWEALTH HAVE <--
9 BEEN DISPOSED OF THROUGH TRIAL AND SENTENCING. WHERE ALL OPEN
10 CRIMINAL CHARGES HAVE NOT BEEN DISPOSED OF THROUGH TRIAL AND
11 SENTENCING AND THE CONDITIONS CONTAINED IN PARAGRAPHS (1) AND
12 (2) HAVE BEEN MET, THE PROSECUTING AUTHORITY MAY, IN ITS
13 DISCRETION, AGREE TO THE DELIVERY OF THE PERSON UNDER THIS
14 SECTION.
15 SECTION 2. SECTIONS 9542, 9543(A)(1) AND 9546(D) OF TITLE 42
16 ARE AMENDED TO READ:
17 § 9542. SCOPE OF SUBCHAPTER.
18 THIS SUBCHAPTER PROVIDES FOR AN ACTION BY WHICH PERSONS
19 CONVICTED OF CRIMES THEY DID NOT COMMIT AND PERSONS SERVING
20 ILLEGAL SENTENCES MAY OBTAIN COLLATERAL RELIEF. THE ACTION
21 ESTABLISHED IN THIS SUBCHAPTER SHALL BE THE SOLE MEANS OF
22 OBTAINING COLLATERAL RELIEF AND ENCOMPASSES ALL OTHER COMMON LAW
23 AND STATUTORY REMEDIES FOR THE SAME PURPOSE THAT EXIST WHEN THIS
24 SUBCHAPTER TAKES EFFECT, INCLUDING HABEAS CORPUS AND CORAM
25 NOBIS. THIS SUBCHAPTER IS NOT INTENDED TO LIMIT THE AVAILABILITY
26 OF REMEDIES IN THE TRIAL COURT OR ON DIRECT APPEAL FROM THE
27 JUDGMENT OF SENTENCE, [NOR IS THIS SUBCHAPTER INTENDED] TO
28 PROVIDE A MEANS FOR RAISING ISSUES WAIVED IN PRIOR PROCEEDINGS
29 OR TO PROVIDE RELIEF FROM COLLATERAL CONSEQUENCES OF A CRIMINAL
30 CONVICTION. EXCEPT AS SPECIFICALLY PROVIDED OTHERWISE, ALL
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1 PROVISIONS OF THIS SUBCHAPTER SHALL APPLY TO CAPITAL AND
2 NONCAPITAL CASES.
3 § 9543. ELIGIBILITY FOR RELIEF.
4 (A) GENERAL RULE.--TO BE ELIGIBLE FOR RELIEF UNDER THIS
5 SUBCHAPTER, THE PETITIONER MUST PLEAD AND PROVE BY A
6 PREPONDERANCE OF THE EVIDENCE ALL OF THE FOLLOWING:
7 (1) THAT THE PETITIONER HAS BEEN CONVICTED OF A CRIME
8 UNDER THE LAWS OF THIS COMMONWEALTH AND IS, AT THE TIME
9 RELIEF IS GRANTED:
10 (I) CURRENTLY SERVING A SENTENCE OF IMPRISONMENT,
11 PROBATION OR PAROLE FOR THE CRIME;
12 (II) AWAITING EXECUTION OF A SENTENCE OF DEATH FOR
13 THE CRIME; OR
14 (III) SERVING A SENTENCE WHICH MUST EXPIRE BEFORE
15 THE PERSON MAY COMMENCE SERVING THE DISPUTED SENTENCE.
16 * * *
17 § 9546. RELIEF AND ORDER.
18 * * *
19 (D) REVIEW OF ORDER IN DEATH PENALTY CASES.--AN ORDER UNDER
20 THIS SUBCHAPTER GRANTING THE PETITIONER FINAL RELIEF IN A CASE
21 IN WHICH THE DEATH PENALTY HAS BEEN IMPOSED SHALL BE DIRECTLY
22 APPEALABLE BY THE COMMONWEALTH TO THE SUPREME COURT PURSUANT TO
23 ITS RULES. AN ORDER UNDER THIS SUBCHAPTER DENYING A PETITIONER
24 FINAL RELIEF IN A CASE IN WHICH THE DEATH PENALTY HAS BEEN
25 IMPOSED SHALL NOT BE REVIEWABLE IN THE SUPERIOR COURT BUT SHALL
26 BE REVIEWABLE ONLY BY PETITION FOR ALLOWANCE OF APPEAL TO THE
27 SUPREME COURT.
28 Section 2 3. This act shall take effect immediately. <--
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