PRINTER'S NO. 784
No. 714 Session of 2007
INTRODUCED BY FERLO, GREENLEAF, COSTA, STOUT, WASHINGTON, KITCHEN, STACK AND FONTANA, APRIL 2, 2007
REFERRED TO JUDICIARY, APRIL 2, 2007
AN ACT 1 Amending Title 42 (Judiciary and Judicial Procedure) of the 2 Pennsylvania Consolidated Statutes, providing for wrongful 3 conviction and imprisonment. 4 The General Assembly finds that innocent persons who have 5 been wrongfully convicted of crimes and subsequently imprisoned 6 have been uniquely victimized, and have difficulty achieving 7 legal redress due to a variety of substantive and technical 8 obstacles in the law, and that such persons should have an 9 available avenue of redress over and above the existing tort 10 remedies to seek compensation for damages. In light of the 11 particular and substantial horror of being imprisoned for a 12 crime one did not commit, the General Assembly intends by 13 enactment of the provisions of this act that those persons who 14 can demonstrate that they were imprisoned despite their actual 15 innocence be able to recover damages. 16 The General Assembly of the Commonwealth of Pennsylvania 17 hereby enacts as follows: 18 Section 1. Chapter 85 of Title 42 of the Pennsylvania
1 Consolidated Statutes is amended by adding a subchapter to read: 2 SUBCHAPTER B.1 3 CLAIMS FOR WRONGFUL CONVICTION AND IMPRISONMENT 4 Sec. 5 8531. Eligibility. 6 8532. Statement of claim. 7 8533. Presentation of claim. 8 8534. Judgment and award. 9 8535. Notice. 10 8536. Statute of limitations. 11 8537. Right of appeal. 12 § 8531. Eligibility. 13 Any person convicted and subsequently imprisoned for one or 14 more crimes which he did not commit may, under the conditions 15 hereinafter provided, present a claim for damages against the 16 Commonwealth. 17 § 8532. Statement of claim. 18 (a) Evidence of claim.--In order to present an actionable 19 claim for wrongful conviction and imprisonment, the claimant 20 must establish by documentary evidence that: 21 (1) The claimant has been convicted of one or more 22 crimes and subsequently sentenced to a term of imprisonment 23 and has served all or any part of the sentence. 24 (2) The claimant's actual innocence has been established 25 by: 26 (i) being pardoned for the crime or crimes for which 27 the claimant was sentenced and which are the grounds for 28 the complaint; or 29 (ii) having the judgment of conviction of the 30 claimant reversed or vacated and the accusatory 20070S0714B0784 - 2 -
1 instrument dismissed or, if a new trial was ordered, 2 either being found not guilty at the new trial or not 3 being retried and the accusatory instrument dismissed; 4 provided that the judgment of conviction was reversed or 5 vacated, or the accusatory instrument was dismissed on 6 grounds not inconsistent with innocence or because the 7 statute, or application thereof, on which the accusatory 8 instrument was based violated the Constitution of the 9 United States or the Constitution of Pennsylvania. 10 (3) The claimant's claim is not time-barred by the 11 provisions of section 8536 (relating to statute of 12 limitations). 13 (b) Statement of facts.--The claim shall state facts in 14 sufficient detail to permit the court to find that the claimant 15 is likely to succeed at trial in proving that: 16 (1) the claimant did not commit any of the acts charged 17 in the accusatory instrument or the claimant's acts or 18 omissions charged in the accusatory instrument did not 19 constitute a crime; and 20 (2) the claimant did not commit or suborn perjury or 21 fabricate evidence to cause or bring about his conviction. A 22 guilty plea to a crime the claimant did not commit does not 23 constitute perjury under this paragraph. 24 (c) Verification.--The claim shall be verified by the 25 claimant. 26 (d) Dismissal.--If the court finds after reading the claim 27 that the claimant is not likely to succeed at trial, it shall 28 dismiss the claim, either on its own motion or on the motion of 29 the Commonwealth. 30 § 8533. Presentation of claim. 20070S0714B0784 - 3 -
1 All claims of wrongful conviction and imprisonment shall be 2 presented to and heard by the court of common pleas of this 3 Commonwealth in accordance with the Pennsylvania Rules of Civil 4 Procedure. 5 § 8534. Judgment and award. 6 (a) Elements of proof.--In order to obtain a judgment in the 7 claimant's favor, the claimant must provide evidence to prove 8 that: 9 (1) he was convicted of one or more crimes and 10 subsequently sentenced to a term of imprisonment, and has 11 served all or any part of the sentence; 12 (2) (i) the claimant has been pardoned for the crime or 13 crimes for which he was sentenced and which are the 14 grounds for the complaint; or 15 (ii) the claimant's judgment of conviction was 16 reversed or vacated and the criminal action against the 17 claimant was dismissed or, if a new trial was ordered, 18 either the claimant was found not guilty at the new trial 19 or he was not retried and the criminal action dismissed; 20 provided that the judgment of conviction was reversed or 21 vacated, or the criminal proceeding was dismissed, on 22 grounds not inconsistent with innocence or because the 23 statute, or application thereof, on which the accusatory 24 instrument was based violated the Constitution of the 25 United States or the Constitution of Pennsylvania; 26 (3) the claimant did not commit any of the acts charged 27 in the accusatory instrument, nor did his acts or omissions 28 charged in the accusatory instrument constitute a crime; and 29 (4) the claimant did not commit or suborn perjury, or 30 fabricate evidence to cause or bring about his conviction. A 20070S0714B0784 - 4 -
1 guilty plea to a crime the claimant did not commit does not 2 constitute perjury for the purposes of this paragraph. 3 (b) Damages.--If the court finds that the claimant was 4 wrongfully convicted and imprisoned, it shall award damages as 5 follows: 6 (1) not less than $50,000 for each year of 7 incarceration, with an additional $50,000 for each year 8 served on death row, as adjusted by the Auditor General to 9 account for: 10 (i) inflation from the date of enactment; and 11 (ii) partial years served; 12 (2) economic damages, including, but not limited to, 13 lost wages, costs associated with the claimant's criminal 14 defense and efforts to prove the claimant's innocence, and 15 medical expenses required after release; 16 (3) up to ten years of physical and mental health care 17 through the State employees' health care system, to be offset 18 by any amount provided through the claimant's employers 19 during that time period; 20 (4) compensation for any reasonable reintegrative 21 services and mental and physical health care costs incurred 22 by the claimant for the time period between his release from 23 mistaken incarceration and the date of his award; and 24 (5) reasonable attorney fees calculated at 10% of the 25 damage award plus expenses. These fees, exclusive of 26 expenses, shall not exceed $75,000, as adjusted by the 27 Auditor General to account for inflation from the effective 28 date of this section. These fees shall not be deducted from 29 the compensation due the claimant nor is counsel entitled to 30 receive additional fees from the client. 20070S0714B0784 - 5 -
1 (c) Limitations.--The damage award shall not be subject to: 2 (1) any cap applicable to private parties in civil 3 lawsuits; or 4 (2) any taxes, except for those portions of the judgment 5 awarded as attorney fees for bringing a claim under this 6 subchapter. 7 (d) Award, compromise and settlement.--The acceptance by the 8 claimant of any such award, compromise or settlement shall be in 9 writing and shall, except when procured by fraud, be final and 10 conclusive on the claimant and shall constitute a complete 11 release of any claim against the State and a complete bar to any 12 action by the claimant against the State by reason of the same 13 subject matter. 14 (e) Offset.--The damage award shall not be offset by any 15 expenses incurred by the Commonwealth or any political 16 subdivision of the Commonwealth, including, but not limited to, 17 expenses incurred to secure the claimant's custody, or to feed, 18 clothe or provide medical services for said claimant, nor shall 19 the court offset against the award the value of any services or 20 reduction in fees for services or the value thereof to be 21 provided to the claimant that may be awarded to the claimant 22 pursuant to this section. 23 § 8335. Notice. 24 (a) Court.--A court granting judicial relief consistent with 25 the criteria set forth in this subchapter shall provide a copy 26 of this subchapter to the individual seeking such relief at the 27 time the court determines that the claimant's claim is likely to 28 succeed. The individual shall be required to acknowledge his 29 receipt of a copy of this subchapter in writing on a form 30 established by the Supreme Court. The acknowledgment shall be 20070S0714B0784 - 6 -
1 entered on the docket by the court and shall be admissible in 2 any proceeding filed by a claimant under this subchapter. 3 (b) Parole board.--The Pennsylvania Board of Probation and 4 Parole, upon the issuance of a full pardon on or after the 5 effective date of this subchapter, shall provide a copy of this 6 subchapter to the individual at the time of the granting of the 7 pardon. The individual shall be required to acknowledge his 8 receipt of a copy of this subchapter in writing on a form 9 established by the parole board, which shall be retained on file 10 by the parole board as part of its official records and shall be 11 admissible in any proceeding filed by a claimant under this 12 subchapter. 13 (c) Failure to provide notice.--In the event a claimant 14 granted judicial relief or a full pardon on or after the 15 effective date of this subchapter shows he did not properly 16 receive a copy of the information required by this section, the 17 claimant shall receive a one-year extension on the three-year 18 time limit provided in section 8536 (relating to statute of 19 limitations). 20 (d) Notice by Supreme Court.--The Supreme Court shall make 21 reasonable attempts to notify all persons pardoned or granted 22 judicial relief consistent with this subchapter before the 23 enactment of this subchapter of their rights under this 24 subchapter. 25 § 8536. Statute of limitations. 26 An action for compensation brought by a wrongfully convicted 27 person under the provisions of this subchapter shall be 28 commenced within three years after either the grant of a pardon 29 or the grant of judicial relief and satisfaction of other 30 conditions described in section 8532 (relating to statement of 20070S0714B0784 - 7 -
1 claim), provided, however, that any action by the Commonwealth 2 challenging or appealing the grant of said judicial relief shall 3 toll the three-year period. Persons convicted, incarcerated and 4 released from custody prior to the effective date of this 5 subchapter shall commence an action under this subchapter within 6 five years of the effective date. 7 § 8537. Right of appeal. 8 Any party is entitled to the rights of appeal afforded 9 parties in a civil action in accordance with the Pennsylvania 10 Rules of Civil Procedure. 11 Section 2. This act shall take effect in 60 days. L5L42JS/20070S0714B0784 - 8 -