PRINTER'S NO. 1079
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
876
Session of
2015
INTRODUCED BY SIMMONS, NEUMAN, V. BROWN, COHEN, C. PARKER,
KINSEY, WARD, SCHLOSSBERG, GODSHALL, MATZIE, BROWNLEE,
CALTAGIRONE, READSHAW, YOUNGBLOOD, KAUFFMAN, CUTLER, DAVIS,
BARRAR, A. HARRIS, SCHREIBER, WATSON, GABLER, SANTARSIERO,
GAINEY, FARRY, McNEILL, D. COSTA, KIRKLAND, LAWRENCE AND FEE,
APRIL 6, 2015
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 6, 2015
AN ACT
Amending the act of April 9, 1929 (P.L.177, No.175), entitled
"An act providing for and reorganizing the conduct of the
executive and administrative work of the Commonwealth by the
Executive Department thereof and the administrative
departments, boards, commissions, and officers thereof,
including the boards of trustees of State Normal Schools, or
Teachers Colleges; abolishing, creating, reorganizing or
authorizing the reorganization of certain administrative
departments, boards, and commissions; defining the powers and
duties of the Governor and other executive and administrative
officers, and of the several administrative departments,
boards, commissions, and officers; fixing the salaries of the
Governor, Lieutenant Governor, and certain other executive
and administrative officers; providing for the appointment of
certain administrative officers, and of all deputies and
other assistants and employes in certain departments, boards,
and commissions; and prescribing the manner in which the
number and compensation of the deputies and all other
assistants and employes of certain departments, boards and
commissions shall be determined," in administrative boards,
further providing for board of pardons.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 909(c) of the act of April 9, 1929
(P.L.177, No.175), known as The Administrative Code of 1929,
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amended June 1, 1995 (1st Sp.Sess., P.L.1017, No.15), is amended
to read:
Section 909. Board of Pardons.--* * *
(c) The Board of Pardons shall adopt rules and regulations
governing its actions and no hearings or recommendations shall
be contrary thereto. In cases involving applicants under
sentence of death, the application shall be filed within ten
days of the Governor's issuance of a warrant specifying a week
for execution. The Board of Pardons shall use the following
criteria when adopting rules and regulations:
(i) With the exception of applications under the
sentence of death, no application submitted for the
purpose of requesting a reprieve, commutation of sentence
or pardon shall be accepted or reviewed by the Board of
Pardons unless the applicant has satisfied criteria in
subclause (ii).
(ii) Minimum eligibility requirements for applicants
shall be as follows:
(A) No person shall be deemed eligible to submit
an application with the Board of Pardons requesting a
pardon until at least five years have elapsed from
the date of the person's most recent conviction or
release from confinement during instances when a
conviction has resulted in any period of
imprisonment.
(B) No person shall be deemed eligible to submit
an application with the Board of Pardons requesting a
commutation of sentence until at least five years
have elapsed from the date following the person's
most recent conviction.
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(iii) For the purposes of subclause (ii), the term
"conviction" shall not include a summary conviction for a
traffic violation.
* * *
Section 2. This act shall take effect in 60 days.
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