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PRINTER'S NO. 3679
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2466
Session of
2020
INTRODUCED BY ROEBUCK, BURGOS, DONATUCCI, FREEMAN, GAINEY,
HARRIS, HILL-EVANS, HOWARD, ISAACSON, KEEFER, KIM, KINSEY,
LEE, MURT, ROZZI AND RYAN, APRIL 30, 2020
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 30, 2020
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 for limitations on damages.
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:
* * *
(11) Wrongful imprisonment.--Damages under this
paragraph shall not exceed the following:
(i) a sum equal to twice the amount of the gross
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wages of the plaintiff earned in the year prior to the
plaintiff's arrest or $25,000, whichever is greater, for
each year of wrongful imprisonment;
(ii) reasonable attorney fees and court costs
incurred by the plaintiff as a result of the wrongful
conviction; and
(iii) restitution of all fines, surcharges and
penalties incurred by the plaintiff as a result of the
wrongful conviction.
Section 2. Section 8528(d) of Title 42, added November 26,
2019 (P.L.641, No.87), is amended to read:
§ 8528. Limitations on damages.
* * *
(d) Exclusions.--This section shall not apply to damages
awarded under section 8522(b)(10) or (11).
Section 3. The amendment or addition of 42 Pa.C.S. §§
8522(b)(11) and 8528(d) shall apply to any person found to have
been wrongfully imprisoned under 42 Pa.C.S. Ch. 95 Subch. B.
Section 4. This act shall take effect in 60 days.
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