Regular Session 2023-2024 House Bill 1470 P.N. 1656

PRINTER'S NO. 1656

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1470

Session of

2023

INTRODUCED BY YOUNG, HILL-EVANS, GIRAL, GUENST, CEPHAS, MADDEN,

KINSEY, KHAN, PARKER, SANCHEZ, KRAJEWSKI, GREEN AND KINKEAD,

JUNE 21, 2023

REFERRED TO COMMITTEE ON JUDICIARY, JUNE 21, 2023

AN ACT

Amending Titles 42 (Judiciary and Judicial Procedure) and 61

(Prisons and Parole) of the Pennsylvania Consolidated

Statutes, in limitation of time, further providing for six

months limitation; in matters affecting government units,

further providing for exceptions to sovereign immunity, for

limitations on damages and for exceptions to governmental

immunity and providing for claims for compensation for

wrongful conviction; in general administration, providing for

services after wrongful conviction; and, in Pennsylvania

Board of Probation and Parole, further providing for powers

and duties of department.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 5522(c) of Title 42 of the Pennsylvania

Consolidated Statutes is amended to read:

§ 5522. Six months limitation.

* * *

action or proceeding brought under section 8522(b)(10) or (11)

(relating to exceptions to sovereign immunity) or 8542(b)(9) or

(10) (relating to exceptions to governmental immunity).

Section 1.1. Section 8522(b) of Title 42 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 conviction.--A wrongful conviction for

which claims may be brought under section 8583 (relating to

petition for compensation).

Section 2. Section 8528(d) of Title 42 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. Section 8542(b) of Title 42 is amended by adding

a paragraph to read:

§ 8542. Exceptions to governmental immunity.

* * *

(b) Acts which may impose liability.--The following acts by

a local agency or any of its employees may result in the

imposition of liability on a local agency:

* * *

(10) Wrongful conviction.-- A wrongful conviction for

which a claim may be brought under section 8583 (relating to

petition for compensation) .

* * *

Section 4. Chapter 85 of Title 42 is amended by adding a

subchapter to read:

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SUBCHAPTER D

CLAIMS FOR COMPENSATION FOR WRONGFUL CONVICTION

Sec.

8581. Scope of subchapter.

8582. Eligibility to seek compensation for wrongful conviction.

8583. Petition for compensation.

8584. Compensation.

8585. Notice to Treasury .

8586. Statute of limitations.

§ 8581. Scope of subchapter.

This subchapter relates to the provision of compensation for

a wrongful conviction.

§ 8582. Eligibility to seek compensation for wrongful

conviction.

(a) General rule.--An action may be brought under this

subchapter to seek compensation for the wrongful conviction of

an individual. The claim may be brought by:

(1) An individual who was convicted of one or more

crimes for which the individual was subsequently incarcerated

and has served all or any part of the sentence and one of the

following applies:

(i) The conviction was dismissed, overturned,

reversed or vacated on direct or collateral review and

the charges were not refiled.

(ii) The conviction was dismissed, overturned,

reversed or vacated on direct or collateral review and

the individual is acquitted after retrial.

(iii) Both of the following apply:

(A) The conviction was overturned, reversed or

vacated on direct or collateral review and the

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individual subsequently entered an Alford plea or

plea of no contest when otherwise eligible to seek

retrial.

(B) The individual alleges prima facie evidence

of actual innocence of the crime which resulted in

the conviction.

(iv) Both of the following apply:

(A) A full pardon has been issued by the

Governor.

(B) The individual alleges prima facie evidence

of actual innocence of the crime for which the pardon

was granted.

(2) The heirs of an individual meeting the criteria

under paragraph (1)(i), (ii), (iii) or (iv), if such an

individual is deceased, notwithstanding if the heirs are

residents of this Commonwealth.

(b) Ineligibility for compensation.--A claimant may not seek

compensation under this subchapter if any of the following

apply:

(1) The individual was an accomplice, coconspirator or

an accessory in the commission of the crime for which the

individual was originally convicted and meaningfully

participated in the crime.

(2) The individual was also serving a sentence for

another crime for which the individual was lawfully

incarcerated for any period of incarceration for which the

individual wishes to seek compensation.

(3) The individual committed perjury or witness

intimidation or fabricated evidence at the original trial. A

confession or admission later found to be false or a guilty

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plea, Alford plea or a plea of no contest shall not

constitute perjury or fabrication of evidence.

(4) The individual was convicted of a lesser included

felony arising from the same set of facts as the crime for

which the individual was originally convicted. A subsequent

Alford plea or plea of no contest based on the same set of

facts as the crime for which the individual was originally

convicted does not bar a claimant from filing a petition.

§ 8583. Petition for compensation.

(a) Generally.--A petition for compensation shall be in a

form and manner determined by the Supreme Court. All petitions

shall be filed and heard by Commonwealth Court. A proceeding

before Commonwealth Court shall be governed by rules established

by Commonwealth Court, which shall emphasize informality to the

greatest extent possible. A claimant shall not be required to be

represented or accompanied by an attorney.

(b) Contents of petition.--To present a claim for

compensation for wrongful conviction, the petition shall include

a statement of claim establishing the following:

(1) The individual meets one or more of the eligibility

criteria listed under section 8582 (relating to eligibility

to seek compensation for wrongful conviction).

(2) The individual was sentenced to incarceration, or to

confinement in an institution under section 6403 (relating to

court-ordered involuntary treatment), based on the wrongful

conviction and has served all or any part of that sentence.

(3) The specific dates for which the individual is

seeking compensation, subject to any excludable periods.

(4) The individual does not have ineligibility factors

as described under section 8582.

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(5) The specific compensation the petitioner is

requesting if the petition were granted.

(6) Any other relevant evidence supporting the

claimant's actual innocence of the crime for which the

claimant was incarcerated, which may include:

(i) The filings under Subchapter B of Chapter 95

(relating to post conviction relief) from the case

showing that the claimant meets the criteria under

section 8582.

(ii) The court transcripts from the case showing

that the claimant meets the criteria under section 8582.

(iii) An explanation as to why the claimant should

be considered eligible to seek compensation.

shall forward a copy of the petition to the prosecuting entity

which may be either:

(1) the district attorney in the district where the

individual was prosecuted; or

(2) the Office of Attorney General if the individual was

prosecuted by the Office of Attorney General.

(d) Rebuttable presumption.--A complete and filed petition

complying with subsection (b) as determined by the court shall

create a rebuttable presumption of eligibility for compensation

under this subchapter. The prosecuting entity must prove by

clear and convincing evidence that the petitioner is ineligible

under this subchapter. Upon receipt of service, the prosecuting

entity shall have 20 days to respond to the petition, stating

either:

(1) The prosecuting entity agrees that the petitioner

meets the eligibility for compensation and declines to oppose

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the claim.

(2) The prosecuting entity disagrees that the petitioner

meets the eligibility for compensation and requests a hearing

to present evidence to oppose the claim.

(e) Hearings.--

(1) If a hearing is requested by the prosecuting entity,

the court shall schedule a hearing as soon as possible,

provided the petitioner and the prosecuting entity have at

least 15 days' notice.

(2) If the court determines a hearing is necessary to

determine a petitioner's eligibility and entitlement to

compensation, the court may schedule a hearing if the

petitioner and the prosecuting entity have at least 15 days'

notice.

(3) If the court denies a petition without having held a

hearing, the court shall provide notice to the petitioner and

the prosecuting entity that the petitioner has 15 days from

the date of the notice to request a hearing. Upon receipt of

a petitioner's request, the court shall schedule a hearing as

soon as possible, if the petitioner and the prosecuting

entity have at least 15 days' notice.

(4) Following any hearing on a petition for compensation

where evidence is presented, the court shall determine

whether the petitioner was wrongfully convicted, which means:

(i) The petitioner meets one or more of the

eligibility criteria under section 8582(a)(1).

(ii) The petitioner does not have any ineligibility

factors under section 8582(b).

(iii) The court is satisfied of the petitioner's

actual innocence of the crime for which the petitioner

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was incarcerated.

(5) Following any hearing on a petition for

compensation, the court shall state its finding for the

record. A petitioner who is determined to have been

wrongfully convicted as described in paragraph (4) shall be

entitled to compensation under section 8584 (relating to

compensation).

(f) Granting petition.--The court shall grant the petition

on the merits of the claim if unopposed by the prosecuting

entity and the court is satisfied that the petitioner meets the

eligibility requirements and is not subject to the ineligibility

factors of section 8582. If a hearing was held, the court shall

state its findings of the petitioner's eligibility and

entitlement to compensation in its order granting or denying the

petition. In an order granting the petition, the court shall

also order compensation under section 8584.

§ 8584. Compensation.

(a) Granting of petition.--If Commonwealth Court grants a

petition and enters an order in favor of the petitioner:

(1) The court shall order the following:

(i) Statutory noneconomic damages, as adjusted by

subsection (c), of $100,000 for each year of imprisonment

or involuntary treatment while awaiting a sentence of

death.

(ii) Statutory noneconomic damages, as adjusted by

subsection (c), of $75,000 for each year of imprisonment

or involuntary treatment for any other sentence.

(iii) Statutory noneconomic damages, as adjusted by

subsection (c), of $50,000 for each year spent on parole

or probation.

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(2) The court may order the following if requested by

the petitioner:

(i) Reimbursement of unreimbursed costs, fines, fees

or surcharges imposed on the petitioner as a result of

the conviction which were paid by or on behalf of the

petitioner.

(ii) Reimbursement of unreimbursed restitution paid

by the petitioner because of the conviction.

(iii) Compensation for reasonable reintegrative

services and mental and physical health care costs

incurred by the petitioner for the period between the

petitioner's release from incarceration or involuntary

treatment and the date of the petitioner's award.

(iv) Separation services and programs available to

any other individual leaving incarceration.

(v) Reasonable attorney fees for obtaining the

dismissal, overturning, reversal or vacation of the

underlying conviction, calculated at 10% of the damage

awarded plus expenses. Exclusive of expenses, the fees

may not exceed $75,000, as adjusted annually to account

for inflation from the effective date of this section,

unless the court approves an additional amount for good

cause. The fees may not be deducted from the compensation

awarded to the claimant nor may counsel receive

additional fees from the client for this matter.

(vi) Reasonable attorney fees and expenses for

obtaining compensation under this section. The fees may

not be deducted from the compensation awarded to the

claimant, nor may counsel receive additional fees from

the client for this matter.

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(vii) Compensation to individuals entitled to child

support payments owed by the petitioner that became due

and interest on child support arrearages that accrued

during the time the petitioner was wrongfully

incarcerated but were not paid. The compensation shall be

provided out of the total statutory noneconomic damages

awarded to the petitioner under this section.

(b) Statutory noneconomic damages.--If statutory noneconomic

damages are awarded, the following shall apply:

(1) The payment of damages shall be prorated for partial

years of imprisonment.

(2) The payment of damages shall be to or for the

benefit of the petitioner as elected by the petitioner.

(3) For a deceased individual who was wrongfully

convicted, the payment of damages may be to or for the

benefit of the heirs of the deceased individual. Damages

awarded shall be distributed pursuant to a valid will or

trust or, if no valid will or trust exists, to the heirs in

the proportion the heirs would receive the personal estate of

the decedent in the case of intestacy. Damages awarded may

not be paid to creditors of the deceased individual under the

statutes of this Commonwealth.

(4) The payment of damages may be in a lump sum or as an

annuity as chosen by the petitioner.

(5) Compensation awarded under this subchapter shall not

be considered income for the purpose of computing the tax

imposed under Article III of the act of March 4, 1971 (P.L.6,

No.2), known as the Tax Reform Code of 1971.

(6) The petitioner shall not receive compensation for

any period during which the petitioner was also serving a

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sentence for another crime for which the petitioner was

lawfully incarcerated.

in 2024, and every year thereafter, the Court Administrator of

Pennsylvania shall determine the percentage increase or decrease

in the cost of living for the previous calendar year, based on

changes in the Consumer Price Index for All Urban Consumers

(CPI-U) for the Pennsylvania, New Jersey, Delaware and Maryland

area as published by the Bureau of Labor Statistics of the

United States Department of Labor. The increases or decreases

shall be made in accordance with the following:

(1) On or before July 1 of the year in which the Court

Administrator of Pennsylvania makes the determination

required under this subsection, the Court Administrator of

Pennsylvania shall adjust the amounts prescribed under

subsection (a)(1) and (2) for the following calendar year by

multiplying the amounts applicable to the calendar year in

which the adjustment is made by the percentage amount

determined under this subsection.

(2) The adjustment may not exceed 3% for any year.

(3) The Court Administrator of Pennsylvania shall round

the adjusted limitation amount to the nearest $100. The

unrounded amount shall be used to calculate the adjustments

to the amounts in subsequent calendar years.

(4) The adjusted amounts shall become effective on July

1 of the year in which the adjustment is made and apply to

claims filed under this section on or after July 1 of that

year and before July 1 of the subsequent year.

(5) The Court Administrator of Pennsylvania shall submit

notice of the adjusted amounts to the Legislative Reference

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Bureau for publication in the next available issue of the

Pennsylvania Bulletin.

(d) Civil offset and reimbursement.--If the petitioner

receives a monetary award against the Commonwealth or any

political subdivision of the Commonwealth in a civil action for

wrongful conviction or imprisonment for the crimes at issue in

the petition or has entered into a settlement agreement with the

Commonwealth or any political subdivision of the Commonwealth

for wrongful conviction or imprisonment for the crimes at issue

in the petition, the following shall apply:

(1) The acceptance by the claimant of a judicial award,

compromise or settlement, other than an award for wrongful

conviction, shall be in writing and shall, except if procured

by fraud, be final and conclusive on the claimant and

completely bar any further action by the claimant against the

Commonwealth on the same subject matter.

(2) The total award of statutory noneconomic damages

under this subchapter shall be reduced by the sum of the

monetary award received in the civil action or settlement

agreement, less attorney fees, expenses and out-of-pocket

costs paid by the petitioner in connection with obtaining the

civil action award or settlement.

(3) If the petitioner has already received compensation

under this subchapter and subsequently receives a monetary

award in a civil action or settlement, the petitioner shall

reimburse the Commonwealth for the sum of the statutory

noneconomic damages awarded under this section, less attorney

fees, expenses and out-of-pocket costs paid by the petitioner

in obtaining the civil action award or settlement, up to the

full amount awarded under the petition.

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(4) Expenses incurred by the Commonwealth or any of its

agencies or political subdivisions, including expenses

incurred to secure the petitioner's custody or involuntary

treatment under section 6403 (relating to court-ordered

involuntary treatment), or to feed, clothe or provide medical

services for the petitioner while imprisoned and the value of

any goods or services provided to the petitioner under 61

Pa.C.S. Ch. 11 Subch. E (relating to services after wrongful

conviction) shall not be subject to reimbursement under this

subsection.

(e) Records.--Immediately following the grant of a petition,

the criminal history record information related to the crimes

for which the petition was granted shall be unavailable

consistent with the provisions related to limited access of

criminal history record information under 18 Pa.C.S. §§ 9121

(relating to general regulations) and 9122.2 (relating to clean

slate limited access) and shall have the same effect as provided

for under 18 Pa.C.S. § 9122.5 (relating to effects of expunged

records and records subject to limited access). The court shall

notify the petitioner of the right to request a copy of the

complete record of conviction and an automatic expungement of

the related criminal history record information. The petitioner

shall have two years from the date of the grant of the petition

to request a copy of the conviction record and an automatic

expungement. The petitioner may request a copy of the record in

a manner determined by the court.

§ 8585. Notice to Treasury.

Following a ruling by Commonwealth Court on a claim brought

under this subchapter, the court shall provide a copy of the

order to the State Treasurer with a statement of the total

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compensation due and owing to the petitioner and any other

person. Upon receipt of the notice, the State Treasurer's office

shall contact the petitioner and counsel for the petitioner to

make arrangements for payment.

§ 8586. Statute of limitations.

(a) Filing.--Except as provided under subsection (b), an

action brought under this subchapter to seek compensation for

the wrongful conviction of an individual must be filed within

six years of the date of release from incarceration or

involuntary treatment or the reversal of the conviction,

whichever is later. Any action by the Commonwealth challenging

or appealing the grant of judicial relief shall toll the six-

year period.

(b) Commencement of action.--Notwithstanding subsection (a)

or any other provision of law, an individual convicted,

incarcerated and released from custody prior to the effective

date of this section must commence an action under this

subchapter no later than two years after the effective date of

this section.

Section 5. Chapter 11 of Title 61 is amended by adding a

subchapter to read:

SUBCHAPTER E

SERVICES AFTER WRONGFUL CONVICTION

Sec.

1181. Scope of subchapter.

1182. (Reserved).

1183. Eligibility for services after wrongful conviction.

1184. Services.

1185. Regulations and rules.

§ 1181. Scope of subchapter.

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This subchapter relates to the provision of services to a

wrongfully convicted individual after release.

§ 1182. (Reserved).

§ 1183. Eligibility for services after wrongful conviction.

An individual released from incarceration in a State

correctional institution or from court-ordered involuntary

treatment who meets the eligibility criteria under 42 Pa.C.S. §

8582(a)(1) (relating to eligibility to seek compensation for

wrongful conviction) shall be entitled to and the Commonwealth

shall provide each service under section 1184 (relating to

services).

§ 1184. Services.

The Commonwealth shall provide the following services to

eligible individuals under section 1183 (relating to eligibility

for services after wrongful conviction):

(1) Services and programs at community corrections

centers and group homes under 37 Pa. Code § 94.3 (relating to

procedures for participation in prerelease programs).

(2) General assistance under 55 Pa. Code § 141.61

(relating to policy).

(3) Medical assistance for categorically needy, under

the following:

(i) 55 Pa. Code § 165.41 (relating to eligibility

for special allowances for supportive services).

(ii) 55 Pa. Code § 165.42 (relating to advance

provision of special allowances for supportive services).

(iii) 55 Pa. Code § 165.43 (relating to requests for

special allowances for supportive services and time

frames for eligibility determinations).

(iv) 55 Pa. Code § 165.44 (relating to verification

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for special allowances for supportive services).

(v) 55 Pa. Code § 165.45 (relating to time frames

for authorization of special allowances for supportive

services).

(vi) 55 Pa. Code § 165.46 (relating to types of

special allowances for supportive services).

§ 1185. Regulations and rules.

(a) Temporary regulations.--

(1) Notwithstanding any other provision of law, in order

to facilitate the prompt implementation of this act, the

department, the Department of Human Services and the Board of

Pardons may issue temporary regulations. The following apply:

(i) The department shall issue the temporary

regulations within six months of the effective date of

this subsection. Regulations adopted after the six-month

period shall be promulgated as provided by statute.

(ii) Notice of the temporary regulations shall be

transmitted to the Legislative Reference Bureau for

publication in the next available issue of the

Pennsylvania Bulletin.

(iii) The department shall post the temporary

regulations on its publicly accessible Internet website.

(iv) The temporary regulations shall expire no later

than two years following publication of the temporary

regulations in the Pennsylvania Bulletin.

(2) The temporary regulations under paragraph (1) shall

be exempt from the following:

(i) Section 612 of the act of April 9, 1929

(P.L.177, No.175), known as The Administrative Code of

1929.

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(ii) Sections 201, 202, 203, 204 and 205 of the act

of July 31, 1968 (P.L.769, No.240), referred to as the

Commonwealth Documents Law.

(iii) Sections 204(b) and 301(10) of the act of

October 15, 1980 (P.L.950, No.164), known as the

Commonwealth Attorneys Act.

(iv) The act of June 25, 1982 (P.L.633, No.181),

known as the Regulatory Review Act.

(b) Contents of regulations.--

(1) Within 120 days of the effective date of this

subsection, the department shall promulgate temporary

regulations to ensure that the Department of Human Services

receives identifying information for each individual who is

eligible for services under section 1183 and to ensure that

each individual is provided with:

(i) An application form for benefits under this

section.

(ii) An emergency stipend.

(iii) N otice of the ability to seek compensation as

provided under 42 Pa.C.S. Ch. 85 Subch. D (relating to

claims for compensation for wrongful conviction).

(2) Within 120 days of the effective date of this

subsection, the Department of Human Services shall promulgate

temporary regulations to implement the provision of benefits

under this section. The regulations shall include:

(i) Creation of an application for benefits.

(ii) Designation of an individual to process

application forms for benefits that are received by the

Department of Human Services, including ensuring that a

determination of eligibility for benefits does not

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preclude the Commonwealth from opposing a determination

of eligibility for compensation under 42 Pa.C.S. § 8583

(relating to petition for compensation).

(iii) Drafting of procedures and guidelines for

making determinations on applications.

(iv) Requiring determinations to be made within 14

days of receipt of an application.

(3) Within 120 days of the effective date of this

subsection, the Board of Pardons shall promulgate temporary

regulations to ensure that the Department of Human Services

receives identifying information for each individual who,

after having been released from incarceration or court-

ordered involuntary treatment, is pardoned of the charges

underlying the incarceration and to ensure that each

individual is provided with:

(i) An application form for benefits under this

section.

(ii) An emergency stipend.

(iii) Notice of the ability to seek compensation as

provided under 42 Pa.C.S. Ch. 85 Subch. D.

temporary regulations, the department, the Department of Human

Services and the Board of Pardons shall propose for approval

permanent regulations as provided by statute. The proposed

permanent regulations shall be consistent with subsection (b)

and may be the same as the temporary regulations.

(d) Rules of court administration.--Within 120 days of the

effective date of this subsection, the Court Administrator of

Pennsylvania shall propose rules of judicial administration for

adoption under the Pennsylvania Rules of Judicial Administration

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to ensure that the Department of Human Services receives

identifying information for each wrongfully convicted individual

as may be available in one of the unified judicial system case

management systems.

Section 6. Section 6171(a) of Title 61 is amended by adding

a paragraph to read:

§ 6171. Powers and duties of department.

(a) Powers and duties.--The department shall have the

following powers and duties:

* * *

(24) Assist the transition of an individual who has been

exonerated and ensure access to the services and programs

provided to individuals paroled under section 6132 (relating

to specific powers of board involving offenders).

* * *

Section 7. This act shall take effect in 60 days.

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