PRINTER'S NO. 1996
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1323
Session of
2020
INTRODUCED BY MUTH, FONTANA, BLAKE, STREET, SCHWANK,
TARTAGLIONE, COSTA AND HUGHES, SEPTEMBER 21, 2020
REFERRED TO JUDICIARY, SEPTEMBER 21, 2020
AN ACT
Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
Judicial Procedure) of the Pennsylvania Consolidated
Statutes, in criminal history record information, further
providing for effects of expunged records and records subject
to limited access; and, in post-trial matters, further
providing for scope of subchapter, for eligibility for
relief, and for jurisdiction and proceedings.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 9122.5 of Title 18 of the Pennsylvania
Consolidated Statutes is amended by adding a subsection to read:
§ 9122.5. Effects of expunged records and records subject to
limited access.
* * *
(c) Collateral consequences of conviction.--To the extent
permitted by Federal law, an expunged record may not be
considered a conviction that requires an individual to comply
with, refrain from or be prohibited from an activity under the
laws of this Commonwealth that is a result of the criminal
conviction.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
Section 2. Sections 9542, 9543(a)(1) and 9545(b)(1) and (2)
of Title 42 are amended to read:
§ 9542. Scope of subchapter.
This subchapter provides for an action by which persons
convicted of crimes they did not commit and persons serving
illegal sentences may obtain collateral relief. The action
established in this subchapter shall [be the sole] provide the
means of obtaining collateral relief [and encompasses all other
common law and statutory remedies for the same purpose that
exist when this subchapter takes effect, including habeas corpus
and coram nobis.] This subchapter is not intended to limit the
availability of remedies in the trial court or on direct appeal
from the judgment of sentence, to provide a means for raising
issues waived in prior proceedings. [or to] The provisions of
this subchapter may be utilized to provide relief from
collateral consequences of a criminal conviction when records
are ordered to be expunged as provided by law. Except as
specifically provided otherwise, all provisions of this
subchapter shall apply to capital and noncapital cases.
§ 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] petition is filed:
(i) currently serving a sentence of imprisonment,
probation or parole for the crime;
(ii) awaiting execution of a sentence of death for
the crime;
20200SB1323PN1996 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(iii) serving a sentence which must expire before
the person may commence serving the disputed sentence;
[or]
(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)[.]; or
(v) has completed a sentence of imprisonment,
probation or parole for the crime and is seeking relief
under paragraph (2)(i),(iii),(iv) or (vi) or subsection
(b)(1) for a claim that was not previously litigated or
waived pursuant to section 9544 (relating to previous
litigation and waiver).
* * *
§ 9545. Jurisdiction and proceedings.
* * *
(b) Time for filing petition.--
(1) Any petition under this subchapter, including a
second or subsequent petition, shall be filed within [one
year] two years of the date the judgment becomes final,
unless the petition alleges and the petitioner proves that:
(i) the failure to raise the claim previously was
the result of interference by government officials with
the presentation of the claim in violation of the
Constitution or laws of this Commonwealth or the
Constitution or laws of the United States;
(ii) the facts upon which the claim is predicated
were unknown to the petitioner and could not have been
ascertained by the exercise of due diligence; or
(iii) the right asserted is a constitutional right
20200SB1323PN1996 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
that was recognized by the Supreme Court of the United
States or the Supreme Court of Pennsylvania after the
time period provided in this section and has been held by
that court to apply retroactively.
(2) Any petition invoking an exception provided in
paragraph (1) shall be filed within [one year] two years of
the date [the claim could have been presented] when the
grounds for the exception were discovered or reasonably could
have been discovered.
* * *
Section 3. This act shall take effect in 60 days.
20200SB1323PN1996 - 4 -
1
2
3
4
5
6
7
8
9
10
11