PRINTER'S NO. 1887
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1323
Session of
2022
INTRODUCED BY CAPPELLETTI, FONTANA, STREET, KANE, HUGHES,
SANTARSIERO, KEARNEY, SCHWANK, COSTA AND BROWNE,
SEPTEMBER 7, 2022
REFERRED TO JUDICIARY, SEPTEMBER 7, 2022
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in post-trial matters,
providing for postconviction relief for domestic violence
survivors; and, in sentencing, providing for criminal
prosecutions involving domestic violence survivors.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Chapter 95 of Title 42 of the Pennsylvania
Consolidated Statutes is amended by adding a subchapter to read:
SUBCHAPTER B.1
POSTCONVICTION RELIEF FOR
DOMESTIC VIOLENCE SURVIVORS
Sec.
9551. Scope of subchapter.
9552. Eligibility for relief.
9553. Postconviction appeal requests.
§ 9551. Scope of subchapter.
This subchapter provides for an action by which a person who
is a domestic violence survivor at the time the person committed
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a crime may seek collateral relief from the person's conviction
or sentence based on evidence that the domestic violence endured
by the person substantially affected the person's participation
in the crime .
§ 9552. Eligibility for relief.
Notwithstanding any other provision of law and except as
provided under subsection (b), to be eligible for relief under
this subchapter, the petitioner must plead and prove by
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:
(i) currently serving a sentence of imprisonment,
probation or parole for the crime; or
(ii) waiting execution of a sentence of death for
the crime.
(2) That the conviction or sentence resulted from the
following:
(i) Domestic violence endured by the petitioner at
the time the person committed the crime that
substantially affected the person's participation in the
crime.
(ii) The failure of the court to take into account
the impact of domestic violence on the commitment of the
crime by the petitioner.
(3) That the petitioner is currently serving a sentence
of at least one year.
§ 9553. Postconviction appeal requests.
(a) Petitions.-- A person seeking relief under this
subchapter must file a petition with the court no later than
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five years after the person is convicted of the crime with the
evidence required under section 9552 (relating to eligibility
for relief).
(b) Crimes of violence.--Notwithstanding any other provision
of law, a plea of guilty or nolo contendere to a crime of
violence, as defined in section 9714(g) (relating to sentences
for second and subsequent offenses), or an inculpatory statement
by the petitioner concerning the crime for which the petitioner
was convicted, shall not prohibit the petitioner from seeking
relief under this subchapter.
(c) Relief.--If the court finds that the petitioner provided
the evidence required under section 9552, the court may take any
of the following actions:
(1) Resentence the petitioner.
(2) Impose a sentence that is more lenient than
specified in the sentencing guidelines adopted by the
Pennsylvania Commission on Sentencing.
(3) Impose a s entence that does not include additional
incarceration.
Section 2. Title 42 is amended by adding a section to read:
§ 9730.4. Criminal prosecutions involving domestic violence
survivors.
Notwithstanding any other provision of law and except as
provided under subsection (b), in any criminal prosecution of an
offense committed by a domestic violence survivor, a court shall
take into account the domestic violence survivor's history of
domestic violence victimization at the time of the offense and
how much the domestic violence victimization affected the
participation in the offense. If the court finds that the
domestic violence survivor's participation in the offense was
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related to the domestic violence abuse endured by the survivor
before or until the time of the offense, the court may consider
that finding as a mitigating factor and impose any of the
following:
(1) A sentence that is more lenient than specified in
the sentencing guidelines adopted by the Pennsylvania
Commission on Sentencing.
(2) A sentence that does not include incarceration.
Section 3. This act shall take effect in 60 days.
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