Bill Text: PA SB449 | 2009-2010 | Regular Session | Introduced

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Bill Title: Providing for wrongful conviction and imprisonment.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2009-03-02 - Referred to JUDICIARY [SB449 Detail]

Download: Pennsylvania-2009-SB449-Introduced.html

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PRINTER'S NO. 460
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 449 Session of2009
INTRODUCED BY FERLO, STACK, KITCHEN, WASHINGTON, FONTANA, STOUT AND WILLIAMS, MARCH 2, 2009
REFERRED TO JUDICIARY, MARCH 2, 2009
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, providing for wrongful
conviction and imprisonment.
The General Assembly finds that innocent persons who have
been wrongfully convicted of crimes and subsequently imprisoned
have been uniquely victimized, and have difficulty achieving
legal redress due to a variety of substantive and technical
obstacles in the law, and that such persons should have an
available avenue of redress over and above the existing tort
remedies to seek compensation for damages. In light of the
particular and substantial horror of being imprisoned for a
crime one did not commit, the General Assembly intends by
enactment of the provisions of this act that those persons who
can demonstrate that they were imprisoned despite their actual
innocence be able to recover damages.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Chapter 85 of Title 42 of the Pennsylvania
Consolidated Statutes is amended by adding a subchapter to read:
SUBCHAPTER B.1
CLAIMS FOR WRONGFUL CONVICTION AND IMPRISONMENT
Sec.
8531. Eligibility.
8532. Statement of claim.
8533. Presentation of claim.
8534. Judgment and award.
8535. Notice.
8536. Statute of limitations.
8537. Right of appeal.
§ 8531. Eligibility.
Any person convicted and subsequently imprisoned for one or
more crimes which he did not commit may, under the conditions
hereinafter provided, present a claim for damages against the
Commonwealth.
§ 8532. Statement of claim.
(a) Evidence of claim.--In order to present an actionable
claim for wrongful conviction and imprisonment, the claimant
must establish by documentary evidence that:
(1) The claimant has been convicted of one or more
crimes and subsequently sentenced to a term of imprisonment
and has served all or any part of the sentence.
(2) The claimant's actual innocence has been established
by:
(i) being pardoned for the crime or crimes for which
the claimant was sentenced and which are the grounds for
the complaint; or
(ii) having the judgment of conviction of the
claimant reversed or vacated and the accusatory
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instrument dismissed or, if a new trial was ordered,
either being found not guilty at the new trial or not
being retried and the accusatory instrument dismissed;
provided that the judgment of conviction was reversed or
vacated, or the accusatory instrument was dismissed on
grounds not inconsistent with innocence or because the
statute, or application thereof, on which the accusatory
instrument was based violated the Constitution of the
United States or the Constitution of Pennsylvania.
(3) The claimant's claim is not time-barred by the
provisions of section 8536 (relating to statute of
limitations).
(b) Statement of facts.--The claim shall state facts in
sufficient detail to permit the court to find that the claimant
is likely to succeed at trial in proving that:
(1) the claimant did not commit any of the acts charged
in the accusatory instrument or the claimant's acts or
omissions charged in the accusatory instrument did not
constitute a crime; and
(2) the claimant did not commit or suborn perjury or
fabricate evidence to cause or bring about his conviction. A
guilty plea to a crime the claimant did not commit does not
constitute perjury under this paragraph.
(c) Verification.--The claim shall be verified by the
claimant.
(d) Dismissal.--If the court finds after reading the claim
that the claimant is not likely to succeed at trial, it shall
dismiss the claim, either on its own motion or on the motion of
the Commonwealth.
§ 8533. Presentation of claim.
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All claims of wrongful conviction and imprisonment shall be
presented to and heard by the court of common pleas of this
Commonwealth in accordance with the Pennsylvania Rules of Civil
Procedure.
§ 8534. Judgment and award.
(a) Elements of proof.--In order to obtain a judgment in the
claimant's favor, the claimant must provide evidence to prove
that:
(1) he was convicted of one or more crimes and
subsequently sentenced to a term of imprisonment and has
served all or any part of the sentence;
(2) (i) the claimant has been pardoned for the crime or
crimes for which he was sentenced and which are the
grounds for the complaint; or
(ii) the claimant's judgment of conviction was
reversed or vacated and the criminal action against the
claimant was dismissed or, if a new trial was ordered,
either the claimant was found not guilty at the new trial
or he was not retried and the criminal action dismissed;
provided that the judgment of conviction was reversed or
vacated, or the criminal proceeding was dismissed, on
grounds not inconsistent with innocence or because the
statute, or application thereof, on which the accusatory
instrument was based violated the Constitution of the
United States or the Constitution of Pennsylvania;
(3) the claimant did not commit any of the acts charged
in the accusatory instrument, nor did his acts or omissions
charged in the accusatory instrument constitute a crime; and
(4) the claimant did not commit or suborn perjury, or
fabricate evidence to cause or bring about his conviction. A
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guilty plea to a crime the claimant did not commit does not
constitute perjury for the purposes of this paragraph.
(b) Damages.--If the court finds that the claimant was
wrongfully convicted and imprisoned, it shall award damages as
follows:
(1) not less than $50,000 for each year of
incarceration, with an additional $50,000 for each year
served on death row, as adjusted by the Auditor General to
account for:
(i) inflation from the date of enactment; and
(ii) partial years served;
(2) economic damages, including, but not limited to,
lost wages, costs associated with the claimant's criminal
defense and efforts to prove the claimant's innocence, and
medical expenses required after release;
(3) up to ten years of physical and mental health care
through the State employees' health care system, to be offset
by any amount provided through the claimant's employers
during that time period;
(4) compensation for any reasonable reintegrative
services and mental and physical health care costs incurred
by the claimant for the time period between his release from
mistaken incarceration and the date of his award; and
(5) reasonable attorney fees calculated at 10% of the
damage award plus expenses. These fees, exclusive of
expenses, shall not exceed $75,000, as adjusted by the
Auditor General to account for inflation from the effective
date of this section. These fees shall not be deducted from
the compensation due the claimant nor is counsel entitled to
receive additional fees from the client.
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(c) Limitations.--The damage award shall not be subject to:
(1) any cap applicable to private parties in civil
lawsuits; or
(2) any taxes, except for those portions of the judgment
awarded as attorney fees for bringing a claim under this
subchapter.
(d) Award, compromise and settlement.--The acceptance by the
claimant of any such award, compromise or settlement shall be in
writing and shall, except when procured by fraud, be final and
conclusive on the claimant and shall constitute a complete
release of any claim against the State and a complete bar to any
action by the claimant against the State by reason of the same
subject matter.
(e) Offset.--The damage award shall not be offset by any
expenses incurred by the Commonwealth or any political
subdivision of the Commonwealth, including, but not limited to,
expenses incurred to secure the claimant's custody, or to feed,
clothe or provide medical services for said claimant, nor shall
the court offset against the award the value of any services or
reduction in fees for services or the value thereof to be
provided to the claimant that may be awarded to the claimant
pursuant to this section.
§ 8535. Notice.
(a) Court.--A court granting judicial relief consistent with
the criteria set forth in this subchapter shall provide a copy
of this subchapter to the individual seeking such relief at the
time the court determines that the claimant's claim is likely to
succeed. The individual shall be required to acknowledge his
receipt of a copy of this subchapter in writing on a form
established by the Supreme Court. The acknowledgment shall be
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entered on the docket by the court and shall be admissible in
any proceeding filed by a claimant under this subchapter.
(b) Parole board.--The Pennsylvania Board of Probation and
Parole, upon the issuance of a full pardon on or after the
effective date of this subchapter, shall provide a copy of this
subchapter to the individual at the time of the granting of the
pardon. The individual shall be required to acknowledge his
receipt of a copy of this subchapter in writing on a form
established by the parole board, which shall be retained on file
by the parole board as part of its official records and shall be
admissible in any proceeding filed by a claimant under this
subchapter.
(c) Failure to provide notice.--In the event a claimant
granted judicial relief or a full pardon on or after the
effective date of this subchapter shows he did not properly
receive a copy of the information required by this section, the
claimant shall receive a one-year extension on the three-year
time limit provided in section 8536 (relating to statute of
limitations).
(d) Notice by Supreme Court.--The Supreme Court shall make
reasonable attempts to notify all persons pardoned or granted
judicial relief consistent with this subchapter before the
enactment of this subchapter of their rights under this
subchapter.
§ 8536. Statute of limitations.
An action for compensation brought by a wrongfully convicted
person under the provisions of this subchapter shall be
commenced within three years after either the grant of a pardon
or the grant of judicial relief and satisfaction of other
conditions described in section 8532 (relating to statement of
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claim), provided, however, that any action by the Commonwealth
challenging or appealing the grant of said judicial relief shall
toll the three-year period. Persons convicted, incarcerated and
released from custody prior to the effective date of this
subchapter shall commence an action under this subchapter within
five years of the effective date.
§ 8537. Right of appeal.
Any party is entitled to the rights of appeal afforded
parties in a civil action in accordance with the Pennsylvania
Rules of Civil Procedure.
Section 2. This act shall take effect in 60 days.
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