THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY GREENLEAF, ERICKSON, SOLOBAY, WAUGH, COSTA, BREWSTER, FERLO, TARTAGLIONE, HUGHES AND WASHINGTON, NOVEMBER 10, 2011

REFERRED TO JUDICIARY, NOVEMBER 10, 2011  

AN ACT

Establishing the Pennsylvania Commission on Conviction

Integrity; and imposing powers and duties.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Pennsylvania

Commission on Conviction Integrity Act.

Section 2.  Purpose.

This act provides a mechanism for investigating cases in this

Commonwealth in which an innocent person is found to have been

wrongly convicted and for recommending procedures to prevent

similar recurrences. Existing practices and changes in the

criminal justice system nationally that could be adopted to

minimize the occurrence of wrongful convictions in this

Commonwealth will be monitored and reported. This act is

intended to improve the quality, efficiencies and resources of

law enforcement in the execution of their duties.

Section 3.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Commission."  The Pennsylvania Commission on Conviction

Integrity.

Section 4.  Establishment.

There is established the Pennsylvania Commission on

Conviction Integrity.

Section 5.  Duties and responsibilities.

Whenever the Board of Pardons or a court releases a person

based upon a finding of actual innocence, the commission shall

conduct an inquiry into the causes of the wrongful conviction.

In addition, the commission shall annually review conviction

integrity reforms introduced by statute, rule or best practices

and report its findings on these matters to the Judiciary

Committee of the Senate and the Judiciary Committee of the House

of Representatives.

Section 6.  Subpoena power and ability to administer oaths.

The chairman of the commission may issue subpoenas for the

attendance and testimony of witnesses and the production of

documentary evidence relating to any matter under formal

investigation by the commission. The commission may administer

oaths or affirmations and examine and receive evidence.

Section 7.  Privilege and confidentiality.

(a)  General rule.--In the interest of improving the quality

of the criminal justice system and eliminating wrongful

convictions in this Commonwealth, the deliberations, work and

findings of the commission, as it relates to the examination of

specific instances of wrongful conviction, shall be privileged

and confidential. The proceedings and records of the commission

shall be held in confidence and may not be subject to discovery

or introduction into evidence in any action arising out of the

matters that are the subject of evaluation and review of the

commission, and no person who was in attendance at a meeting of

the commission shall be permitted or required to testify in any

civil action as to any evidence or other matters produced or

presented during the proceedings of the commission or as to any

findings, recommendations, evaluations, opinions or other

actions of the commission or of any members thereof.

Information, documents or records otherwise available from

original sources are not to be construed as immune from

discovery or use in any civil action solely because they were

presented during proceedings of the commission, nor should any

person who testifies before the commission who is a member of

the commission be prevented from testifying as to matters within

his knowledge, but such person cannot be asked about his

testimony before the commission or opinions formed by him as a

result of commission hearings.

(b)  Records and meetings.--

(1)  A privileged or confidential record of the

Pennsylvania Commission on Conviction Integrity shall not be

deemed a public record under the act of February 14, 2008

(P.L.6, No.3), known as the Right-to-Know Law.

(2)  Meetings of the Pennsylvania Commission on

Conviction Integrity shall not be open to the public under 65

Pa.C.S. Ch. 7 (relating to open meetings).

Section 8.  Membership.

The commission shall consist of the following members:

(1)  The Attorney General, ex officio, or a designee.

(2)  The Chief Justice of the Pennsylvania Supreme Court,

ex officio, or a designee.

(3)  A member of the Commonwealth's Forensic Science

Advisory Board appointed by the chairperson of the board. 

(4)  A member appointed by the President pro tempore of

the Senate.

(5)  A member appointed by the Minority Leader of the

Senate.

(6)  A member appointed by the Speaker of the House of

Representatives.

(7)  A member appointed by the Minority Leader of the

House of Representatives.

(8)  An at-large member appointed by the Governor.

Any appointment to the commission shall be made no later than 60

days after the effective date of this act.

Section 9.  Terms of membership.

The Attorney General or his designee, the Chief Justice of

the Pennsylvania Supreme Court or his designee, and the member

of the Commonwealth's Forensic Science Advisory Board appointed

by the chairperson of the board shall each serve on the

commission as long as they continue to serve in the qualifying

position specified in section 8. The member appointed by the

President pro tempore of the Senate and the member appointed by

the Minority Leader of the House of Representatives shall each

serve an initial term of two years. The member appointed by the

Minority Leader of the Senate and the member appointed by the

Speaker of the House of Representatives shall each serve an

initial term of three years. The at-large appointee of the

Governor shall serve an initial term of four years. Members may

not be reappointed to the commission more than one time. If any

member fails to complete his term, the appointing authority for

that member shall, as soon as possible, appoint a replacement to

complete that member's term. These appointees may also be

reappointed only one time. Except in the case of members who

serve ex officio, once all initial terms have expired, all

subsequent appointees shall serve for a term of four years.

Section 10.  Election and term of chairperson.

The commission shall elect a chairperson from its membership

by majority vote. If the vote for a chairperson results in a

tie, repeat balloting shall occur until a chairperson is elected

by a vote of the majority of the members of the commission. The

elected member shall serve as chairperson for a period of two

years after which another election for chairperson shall be

held. A member may only serve as chairperson for a maximum of

two consecutive terms. Any vacancy in the position of

chairperson shall be filled as soon as possible by the election

of another member by majority vote.

Section 11.  Compensation and quorum.

Other than for reimbursement of reasonable expenses actually

incurred to attend the meetings of the commission, there shall

be no compensation for serving as a member of the commission. A

majority of the members shall constitute a quorum, and a vote of

the majority of the members present shall be sufficient for all

actions.

Section 12.  Funding.

An appropriation shall be included annually in the General

Appropriation Act to pay the expenses of the members of the

commission as constituted by this act and for the office space

and salary of a director, clerical and other staff and

incidental expenses deemed necessary for performing the

functions required by this act.

Section 13.  Effective date.

This act shall take effect in 180 days.