PRINTER'S NO. 3478
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2307
Session of
2018
INTRODUCED BY NESBIT, McCLINTON, BERNSTINE, BRIGGS, DALEY, HILL-
EVANS, PASHINSKI, READSHAW, SCHLOSSBERG, SOLOMON AND MURT,
MAY 2, 2018
REFERRED TO COMMITTEE ON JUDICIARY, MAY 2, 2018
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, providing for victim and
witness outreach; and, in post-trial matters, further
providing for eligibility for relief and for jurisdiction and
proceedings.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Chapter 95 of Title 42 of the Pennsylvania
Consolidated Statutes is amended by adding a subchapter to read:
SUBCHAPTER A.1
VICTIM AND WITNESS OUTREACH
Sec.
9521. Defense-initiated victim or witness outreach.
§ 9521. Defense-initiated victim or witness outreach.
(a) Requirements.--A person who engages in defense-initiated
victim or witness outreach shall:
(1) Communicate in an honest manner without deception or
misrepresentation.
(2) Unambiguously provide the person's identity by name,
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the person's employer and, if applicable, the name of the
defendant convicted of the crime.
(b) Definition.--As used in this section, the term "defense-
initiated victim or witness outreach" means any effort by a
criminal defendant's counsel to directly or indirectly contact
a victim or witness or a parent, guardian or family member of a
victim or witness on behalf of the criminal defendant or the
criminal defendant's counsel through any of the following:
(1) A victim liaison.
(2) A victim outreach specialist.
(3) A social worker.
(4) An investigator.
(5) Any other individual designated by the criminal
defendant or the criminal defendant's counsel.
Section 2. Sections 9543(a)(1) and 9545(b)(2) and (d)(1) of
Title 42 are amended to read:
§ 9543. Eligibility for relief.
(a) General rule.--To be eligible for relief under this
subchapter, the petitioner must plead and prove by a
preponderance of the evidence all of the following:
(1) That the petitioner has been convicted of a crime
under the laws of this Commonwealth and is at the time relief
is granted:
(i) currently serving a sentence of imprisonment,
probation or parole for the crime;
(ii) awaiting execution of a sentence of death for
the crime; [or]
(iii) serving a sentence which must expire before
the person may commence serving the disputed sentence[.];
or
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(iv) has completed a sentence of imprisonment,
probation or parole for the crime and is seeking relief
based upon DNA evidence obtained under section 9543.1(d)
(relating to postconviction DNA testing).
* * *
§ 9545. Jurisdiction and proceedings.
* * *
(b) Time for filing petition.--
* * *
(2) Any petition invoking an exception provided in
paragraph (1) shall be filed within [60 days] one year of the
date the claim could have been presented.
* * *
(d) Evidentiary hearing.--
(1) The following apply:
(i) Where a petitioner requests an evidentiary
hearing, the petition shall include a [signed
certification as to] certification signed by each
intended witness stating the witness's name, address,
date of birth and substance of testimony and shall
include any documents material to that witness's
testimony.
(ii) If a petitioner is unable to obtain the
signature of a witness under subparagraph (i), the
petitioner shall include a certification, signed by the
petitioner or counsel, stating the witness's name,
address, date of birth and substance of testimony. In
lieu of providing the witness's name and date of birth in
the certification under this subparagraph, counsel may
provide the witness's name and date of birth directly to
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the Commonwealth. The certification under this
subparagraph shall include any documents material to the
witness's testimony and specify the basis of the
petitioner's information regarding the witness and the
petitioner's efforts to obtain the witness's signature.
Nothing in this subparagraph shall be construed to
contravene any applicable attorney-client privilege
between the petitioner and postconviction counsel.
(iii) Failure to substantially comply with the
requirements of this paragraph shall render the proposed
witness's testimony inadmissible.
* * *
Section 3. This act shall take effect in 60 days.
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