1Amending Title 42 (Judiciary and Judicial Procedure) of the
2Pennsylvania Consolidated Statutes, providing for wrongful
3conviction and imprisonment.

4The General Assembly finds that innocent persons who have
5been wrongfully convicted of crimes and subsequently imprisoned
6have been uniquely victimized, and have difficulty achieving
7legal redress due to a variety of substantive and technical
8obstacles in the law, and that those persons should have an
9available avenue of redress over and above the existing tort
10remedies to seek compensation for damages. In light of the
11particular and substantial horror of being imprisoned for a
12crime one did not commit, the General Assembly intends by
13enactment of the provisions of this act that those persons who
14can demonstrate that they were imprisoned despite their actual
15innocence be able to recover damages.

16The General Assembly of the Commonwealth of Pennsylvania
17hereby enacts as follows:

18Section 1.  Chapter 85 of Title 42 of the Pennsylvania

1Consolidated Statutes is amended by adding a subchapter to read:

2SUBCHAPTER B.1

3CLAIMS FOR WRONGFUL CONVICTION AND IMPRISONMENT

4Sec.

58531.  Eligibility.

68532.  Statement of claim.

78533.  Presentation of claim.

88534.  Judgment and award.

98535.  Notice.

108536.  Statute of limitations.

118537.  Right of appeal.

12§ 8531.  Eligibility.

13A person convicted and subsequently imprisoned for one or
14more crimes which the person did not commit may, under the
15conditions provided in this subchapter, present a claim for
16damages against the Commonwealth.

17§ 8532.  Statement of claim.

18(a)  Evidence of claim.--In order to present an actionable
19claim for wrongful conviction and imprisonment, a claimant must
20establish by documentary evidence that:

21(1)  The claimant has been convicted of one or more
22crimes and subsequently sentenced to a term of imprisonment
23and has served all or any part of the sentence.

24(2)  The claimant's actual innocence has been established
25by:

26(i)  being pardoned for the crime or crimes for which
27the claimant was sentenced and which are the grounds for
28the complaint; or

29(ii)  having the judgment of conviction of the
30claimant reversed or vacated and the accusatory

1instrument dismissed or, if a new trial was ordered,
2either being found not guilty at the new trial or not
3being retried and the accusatory instrument dismissed;
4provided that the judgment of conviction was reversed or
5vacated, or the accusatory instrument was dismissed on
6grounds not inconsistent with innocence or because the
7statute, or application of the statute, on which the
8accusatory instrument was based violated the Constitution
9of the United States or the Constitution of Pennsylvania.

10(3)  The claimant's claim is not time-barred by the
11provisions of section 8536 (relating to statute of
12limitations).

13(b)  Statement of facts.--The claim shall state facts in
14sufficient detail to permit the court to find that the claimant
15is likely to succeed at trial in proving that:

16(1)  the claimant did not commit any of the acts charged
17in the accusatory instrument or the claimant's acts or
18omissions charged in the accusatory instrument did not
19constitute a crime; and

20(2)  the claimant did not commit or suborn perjury or
21fabricate evidence to cause or bring about his conviction. A
22guilty plea to a crime the claimant did not commit does not
23constitute perjury under this paragraph.

24(c)  Verification.--The claim shall be verified by the
25claimant.

26(d)  Dismissal.--If the court finds after reading the claim
27that the claimant is not likely to succeed at trial, it shall
28dismiss the claim, either on its own motion or on the motion of
29the Commonwealth.

30§ 8533.  Presentation of claim.

1A claim of wrongful conviction and imprisonment shall be
2presented to and heard by the court of common pleas of this
3Commonwealth in accordance with the Pennsylvania Rules of Civil
4Procedure.

5§ 8534.  Judgment and award.

6(a)  Elements of proof.--In order to obtain a judgment in the
7claimant's favor, the claimant must provide evidence to prove
8that:

9(1)  the claimant was convicted of one or more crimes and
10subsequently sentenced to a term of imprisonment and has
11served all or any part of the sentence;

12(2)  (i)  the claimant has been pardoned for the crime or
13crimes for which he was sentenced and which are the
14grounds for the complaint; or

15(ii)  the claimant's judgment of conviction was
16reversed or vacated and the criminal action against the
17claimant was dismissed or, if a new trial was ordered,
18either the claimant was found not guilty at the new trial
19or he was not retried and the criminal action dismissed;
20provided that the judgment of conviction was reversed or
21vacated, or the criminal proceeding was dismissed, on
22grounds not inconsistent with innocence or because the
23statute, or application of the statute, on which the
24accusatory instrument was based violated the Constitution
25of the United States or the Constitution of Pennsylvania;

26(3)  the claimant did not commit any of the acts charged
27in the accusatory instrument, nor did the claimant's acts or
28omissions charged in the accusatory instrument constitute a
29crime; and

30(4)  the claimant did not commit or suborn perjury, or

1fabricate evidence to cause or bring about his conviction. A
2guilty plea to a crime the claimant did not commit does not
3constitute perjury for the purposes of this paragraph.

4(b)  Damages.--If the court finds that the claimant was
5wrongfully convicted and imprisoned, it shall award damages as
6follows:

7(1)  not less than $50,000 for each year of
8incarceration, with an additional $50,000 for each year
9served on death row, as adjusted by the Auditor General to
10account for:

11(i)  inflation from the effective date of this
12section; and

13(ii)  partial years served;

14(2)  economic damages, including, but not limited to,
15lost wages, costs associated with the claimant's criminal
16defense and efforts to prove the claimant's innocence and
17medical expenses required after release;

18(3)  up to ten years of physical and mental health care
19through the State employees' health care system, to be offset
20by any amount provided through the claimant's employers
21during that time period;

22(4)  compensation for any reasonable reintegrative
23services and mental and physical health care costs incurred
24by the claimant for the time period between the claimant's
25release from mistaken incarceration and the date of the
26claimant's award; and

27(5)  reasonable attorney fees calculated at 10% of the
28damage award plus expenses. These fees, exclusive of
29expenses, shall not exceed $75,000, as adjusted by the
30Auditor General to account for inflation from the effective

1date of this section. These fees shall not be deducted from
2the compensation due the claimant nor is counsel entitled to
3receive additional fees from the claimant.

4(c)  Limitations.--The damage award shall not be subject to:

5(1)  any cap applicable to private parties in civil
6lawsuits; or

7(2)  any taxes, except for those portions of the judgment
8awarded as attorney fees for bringing a claim under this
9subchapter.

10(d)  Award, compromise and settlement.--The acceptance by the
11claimant of any such award, compromise or settlement shall be in
12writing and shall, except when procured by fraud, be final and
13conclusive on the claimant and shall constitute a complete
14release of any claim against the Commonwealth and a complete bar
15to any action by the claimant against the Commonwealth by reason
16of the same subject matter.

17(e)  Offset.--The damage award shall not be offset by any
18expenses incurred by the Commonwealth or any political
19subdivision of the Commonwealth, including, but not limited to,
20expenses incurred to secure the claimant's custody, or to feed,
21clothe or provide medical services for the claimant, nor shall
22the court offset against the award the value of any services or
23reduction in fees for services to be provided to the claimant
24that may be awarded to the claimant pursuant to this section.

25§ 8535.  Notice.

26(a)  Court.--A court granting judicial relief consistent with
27the criteria set forth in this subchapter shall provide a copy
28of this subchapter to the individual seeking the relief at the
29time the court determines that a claim under this subchapter is
30likely to succeed. The individual shall be required to

1acknowledge receipt of a copy of this subchapter in writing on a
2form established by the Supreme Court. The acknowledgment shall
3be entered on the docket by the court and shall be admissible in
4any proceeding filed by a claimant under this subchapter.

5(b)  Parole board.--The Pennsylvania Board of Probation and
6Parole, upon the issuance of a full pardon on or after the
7effective date of this subchapter, shall provide a copy of this
8subchapter to the individual at the time of the granting of the
9pardon. The individual shall be required to acknowledge receipt
10of a copy of this subchapter in writing on a form established by
11the parole board, which shall be retained on file by the parole
12board as part of its official records and shall be admissible in
13any proceeding filed by a claimant under this subchapter.

14(c)  Failure to provide notice.--In the event a claimant
15granted judicial relief or a full pardon on or after the
16effective date of this subchapter shows that the claimant did
17not properly receive a copy of the information required by this
18section, the claimant shall receive a one-year extension on the
19three-year time limit provided in section 8536 (relating to
20statute of limitations).

21(d)  Notice by Supreme Court.--The Supreme Court shall make
22reasonable attempts to notify all persons pardoned or granted
23judicial relief consistent with this subchapter before the
24enactment of this subchapter of their rights under this
25subchapter.

26§ 8536.  Statute of limitations.

27An action for compensation brought by a wrongfully convicted
28person under the provisions of this subchapter shall be
29commenced within three years after either the grant of a pardon
30or the grant of judicial relief and satisfaction of other

1conditions described in section 8532 (relating to statement of
2claim), provided, however, that any action by the Commonwealth
3challenging or appealing the grant of the judicial relief shall
4toll the three-year period. Persons convicted, incarcerated and
5released from custody prior to the effective date of this
6subchapter shall commence an action under this subchapter within
7five years of the effective date of this subchapter.

8§ 8537.  Right of appeal.

9Any party to a claim under this subchapter is entitled to the
10rights of appeal afforded parties in a civil action in
11accordance with the Pennsylvania Rules of Civil Procedure.

12Section 2.  This act shall take effect in 60 days.