Regular Session 2017-2018 Senate Bill 1053 P.N. 1487

PRINTER'S NO. 1487

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1053

Session of

2018

INTRODUCED BY GREENLEAF, LEACH, SCHWANK, COSTA, YUDICHAK,

HAYWOOD, BREWSTER, HUGHES AND WHITE, FEBRUARY 14, 2018

REFERRED TO JUDICIARY, FEBRUARY 14, 2018

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, in matters affecting

government units, further providing for exceptions to

sovereign immunity and providing for claims for wrongful

conviction and imprisonment.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 8522(b) of Title 42 of the Pennsylvania

Consolidated Statutes is amended by adding a paragraph to read:

§ 8522. Exceptions to sovereign immunity.

* * *

(b) Acts which may impose liability.--The following acts by

a Commonwealth party may result in the imposition of liability

on the Commonwealth and the defense of sovereign immunity shall

not be raised to claims for damages caused by:

* * *

(10) Wrongful conviction and imprisonment.--Wrongful

conviction and imprisonment for which claims may be brought

under Subchapter D (relating to claims for wrongful

conviction and imprisonment).

Section 2. Chapter 85 of Title 42 is amended by adding a

subchapter to read:

SUBCHAPTER D

CLAIMS FOR WRONGFUL CONVICTION AND IMPRISONMENT

Sec.

8581. Eligibility.

8582. Statement of claim and basis of award.

8583. Commonwealth Court.

8584. Presentation of claim.

8585. Damages.

8586. Report and order.

8587. Notice.

8588. Statute of limitations.

§ 8581. Eligibility.

(a) Persons who may present claims.--A person who was

convicted and subsequently imprisoned for one or more crimes

that the person did not commit and who has been released from

prison and is not subject to retrial, or the heirs of the person

if the person is deceased, may present a claim for damages

against the Commonwealth.

(b) Consecutive or concurrent sentences.--Other than credit

for time served, a claimant is not entitled to compensation

under this subchapter for any portion of a sentence spent

incarcerated during which the claimant was also serving a

consecutive or concurrent sentence for another crime to which

this subchapter does not apply.

claimant of a judicial award, compromise or settlement shall be

in writing and shall, except when procured by fraud, be final

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and conclusive on the claimant and completely bar any further

action by the claimant against the Commonwealth for the same

subject matter.

§ 8582. Statement of claim and basis of award.

(a) Evidence of claim.--To present a claim for wrongful

conviction and imprisonment, the claimant must establish that:

(1) The claimant has been convicted of one or more

crimes and subsequently sentenced to a term of imprisonment

and has served all or any part of the sentence.

(2) The claimant's actual innocence has been established

by:

(i) being pardoned by the Governor for the crime or

crimes for which the claimant was sentenced, and which

are the basis for the claim, on the grounds that the

crime or crimes were either not committed at all or, if

committed, were not committed by the defendant;

(ii) having the judgment of conviction of the

claimant reversed or vacated and the accusatory

instrument dismissed if the judgment of conviction was

reversed or vacated or the accusatory instrument was

dismissed on grounds consistent with innocence; or

(iii) if a new trial was ordered, either being found

not guilty at the new trial or not being retried and the

accusatory instrument dismissed.

(b) Basis of award.--To obtain a judgment in the claimant's

favor, the claimant must demonstrate that:

(1) The claimant was convicted of one or more crimes and

subsequently sentenced to a term of imprisonment and has

served all or any part of the sentence.

(2) The claimant's actual innocence has been established

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by clear and convincing evidence under subsection (a)(2).

§ 8583. Commonwealth Court.

Proceedings before Commonwealth Court shall be governed by

rules established by Commonwealth Court, which shall emphasize,

to the greatest extent possible, informality of proceedings. No

claimant shall be required to be represented or accompanied by

an attorney.

§ 8584. Presentation of claim.

(a) Procedure.--

(1) A claim of wrongful conviction and imprisonment must

be presented to and heard by Commonwealth Court.

(2) Upon presentation of a claim under section 8582

(relating to statement of claim and basis of award), the

court shall fix a time and place to hear the claim.

(3) At least 15 days prior to the time fixed for the

hearing, the court shall mail notice to the claimant and to

the district attorney in the district where the claimant was

prosecuted for the crimes that serve as the basis for the

claim.

(4) The district attorney may offer evidence and argue

in opposition to the claim for damages.

(b) Notice to office of Attorney General.--If the claimant

was prosecuted by the Office of Attorney General, that office,

rather than the district attorney, shall be notified that the

office may oppose the claim under this section.

§ 8585. Damages.

If Commonwealth Court finds that the claimant was wrongfully

convicted and imprisoned, it may award damages as follows:

(1) A minimum of $50,000 for each year of incarceration,

as adjusted annually to account for inflation from the

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effective date of this section, and prorated for partial

years served.

(2) In a lump sum or as an annuity as chosen by the

claimant.

(3) Compensation for reasonable reintegrative services

and mental and physical health care costs incurred by the

claimant for the time period between the claimant's release

from incarceration and the date of the claimant's award.

(4) (i) Reasonable attorney fees calculated at 10% of

the damage award plus expenses. Exclusive of expenses,

attorney fees may not exceed $75,000, as adjusted

annually to account for inflation from the effective date

of this section, unless the court approves an additional

amount for good cause.

(ii) Attorney fees may not be deducted from the

compensation due the claimant nor may the claimant's

counsel receive additional attorney fees from the client

for the matter.

(5) Compensation to those entitled to child support

payments owed by the claimant that became due and interest on

child support arrearages that accrued during the time the

claimant served in prison but were not paid. The compensation

shall be provided out of the total cash award to the claimant

under paragraph (1).

(6) If compensation is authorized by this subchapter,

the payment of compensation may be:

(i) to or for the benefit of the claimant; or

(ii) in the case of death of the claimant, to or for

the benefit of any one or more of the heirs at law of the

claimant who at the time of the claimant's demise were

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dependent upon the claimant for support.

(7) To decide damages, Commonwealth Court shall consider

all circumstances surrounding the claim, including, but not

limited to, the length of the claimant's wrongful

incarceration, injuries the claimant sustained while

incarcerated, other need for financial aid and any other

relevant matter. Insofar as practical, Commonwealth Court

shall formulate standards for uniform application in

recommending compensation.

(8) The damage award shall not be subject to a cap

applicable to private parties in civil lawsuits.

(9) The damage award may not be offset by expenses

incurred by the Commonwealth or a political subdivision of

the Commonwealth, including, but not limited to, expenses

incurred to secure the claimant's custody or to feed, clothe

or provide medical services for the claimant, nor may the

court offset the value of services or reduction in fees for

services or the value thereof to be provided to the claimant

that may be awarded to the claimant under this section.

(10) The award of damages shall include reimbursement

for statutorily mandated and court-assessed costs, fines,

restitution and fees to the extent that they have been

collected.

(11) (i) A decision of Commonwealth Court on behalf of

the claimant shall result in the automatic expungement of

the criminal history record of the claimant as it relates

to the crimes that form the basis of the claim.

(ii) As part of its decision, Commonwealth Court

shall specifically direct the Pennsylvania State Police

and the prosecuting district attorney of the original

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crimes that form the basis of this claim to expunge the

record consistent with this paragraph.

(iii) Accordingly, Commonwealth Court shall forward

a copy of its decision to the Pennsylvania State Police

and to the prosecuting district attorney.

(12) The damage award is not subject to Commonwealth

taxes.

§ 8586. Report and order.

Commonwealth Court shall issue a ruling and order and provide

the State Treasurer a statement of the total compensation due

and owing to the claimant from the Commonwealth.

§ 8587. Notice.

(a) Court.--

(1) A court granting judicial relief as described in

section 8582(a) (relating to statement of claim and basis of

award) shall provide a copy of this subchapter to the

individual seeking relief at the time the court determines

that the claimant's claim is likely to succeed.

(2) The individual shall acknowledge receipt of a copy

of this subchapter in writing on a form established by the

Supreme Court.

(3) The acknowledgment shall be entered on the docket by

the court and shall be admissible in a proceeding filed by a

claimant under this subchapter.

(b) Board of Pardons.--

(1) Upon the issuance of a full pardon on or after the

effective date of this subchapter, the Board of Pardons shall

provide a copy of this subchapter to an individual when

pardoned as described in section 8582(a).

(2) The individual shall acknowledge receipt of a copy

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of this subchapter in writing on a form established by the

board.

(3) The acknowledgment shall be retained on file by the

board as part of its official records and shall be admissible

in any proceeding filed by a claimant under this subchapter.

granted judicial relief or a full pardon on or after the

effective date of this subchapter shows the claimant did not

properly receive a copy of the information required by this

section, the claimant shall receive a one-year extension on the

two-year time limit provided in section 8588 (relating to

statute of limitations).

(d) Notice by Supreme Court.--The Supreme Court shall make

reasonable attempts to notify all persons who were granted

judicial relief as described in section 8582(a), prior to the

effective date of this section, of their rights under this

subchapter.

§ 8588. Statute of limitations.

(a) General rule.--Except as otherwise provided in

subsection (c), an action for compensation brought by a

wrongfully convicted person under this subchapter must be

commenced within two years after either the grant of a pardon or

the grant of judicial relief and satisfaction of other

conditions described in section 8582 (relating to statement of

claim and basis of award).

(b) Tolling.--Action by the Commonwealth challenging or

appealing the grant of judicial relief shall toll the two-year

period.

released from custody prior to the effective date of this

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section must commence an action under this subchapter within

five years of the effective date.

Section 3. This act shall take effect in 180 days.

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