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House Co-Sponsorship Memoranda
House of Representatives
Session of 2023 - 2024
Regular Session
MEMORANDUM
| Posted: | December 9, 2022 08:50 AM |
|---|---|
| From: | Representative Carol Hill-Evans |
| To: | All House members |
| Subject: | Post-Conviction Review for Veterans with PTSD or TBI |
| Sadly, post-traumatic stress disorder (PTSD) and traumatic brain injury (TBI) are common among veterans. PTSD and TBI are mental health disorders that may affect an individual’s personality as well as increase their likelihood of high-risk behavior. Under current law in Pennsylvania, veterans may present PTSD and TBI as mitigating factors during their sentencing for a crime. However, veterans may not present PTSD and TBI as mitigating factors during a post-conviction review. This loophole significantly impacts those who are diagnosed while incarcerated. Additionally, PTSD was not recognized as a mental illness until 1980. Therefore, veterans sentenced prior to 1980, including Vietnam War veterans, could not use their illness as a mitigating factor in their sentencing. For this reason, I will be introducing legislation that would allow incarcerated veterans, diagnosed after imprisonment, to apply to the court for relief putting forward their diagnosis of a mental health disability sustained during or as a result of active duty or training for active duty as a mitigating factor in the crime for which they were charged. Veterans serving an inappropriate sentence deserve the opportunity to enter their health diagnosis as evidence in their case and have a post-conviction review. Please join me in updating our laws to assist incarcerated veterans who suffer from mental health disorders, including PTSD or TBI. |
Introduced as HB231