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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY FERLO, FONTANA, STACK, KITCHEN, WILLIAMS, WOZNIAK, FARNESE AND WASHINGTON, FEBRUARY 18, 2011 |
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| REFERRED TO JUDICIARY, FEBRUARY 18, 2011 |
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| AN ACT |
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1 | Amending Title 42 (Judiciary and Judicial Procedure) of the |
2 | Pennsylvania Consolidated Statutes, providing for wrongful |
3 | conviction and imprisonment. |
4 | The General Assembly finds that innocent persons who have |
5 | been wrongfully convicted of crimes and subsequently imprisoned |
6 | have been uniquely victimized, and have difficulty achieving |
7 | legal redress due to a variety of substantive and technical |
8 | obstacles in the law, and that such persons should have an |
9 | available avenue of redress over and above the existing tort |
10 | remedies to seek compensation for damages. In light of the |
11 | particular and substantial horror of being imprisoned for a |
12 | crime one did not commit, the General Assembly intends by |
13 | enactment of the provisions of this act that those persons who |
14 | can demonstrate that they were imprisoned despite their actual |
15 | innocence be able to recover damages. |
16 | The General Assembly of the Commonwealth of Pennsylvania |
17 | hereby enacts as follows: |
18 | Section 1. Chapter 85 of Title 42 of the Pennsylvania |
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1 | Consolidated Statutes is amended by adding a subchapter to read: |
2 | SUBCHAPTER B.1 |
3 | CLAIMS FOR WRONGFUL CONVICTION AND IMPRISONMENT |
4 | Sec. |
5 | 8531. Eligibility. |
6 | 8532. Statement of claim. |
7 | 8533. Presentation of claim. |
8 | 8534. Judgment and award. |
9 | 8535. Notice. |
10 | 8536. Statute of limitations. |
11 | 8537. Right of appeal. |
12 | § 8531. Eligibility. |
13 | Any person convicted and subsequently imprisoned for one or |
14 | more crimes which he did not commit may, under the conditions |
15 | hereinafter provided, present a claim for damages against the |
16 | Commonwealth. |
17 | § 8532. Statement of claim. |
18 | (a) Evidence of claim.--In order to present an actionable |
19 | claim for wrongful conviction and imprisonment, the claimant |
20 | must establish by documentary evidence that: |
21 | (1) The claimant has been convicted of one or more |
22 | crimes and subsequently sentenced to a term of imprisonment |
23 | and has served all or any part of the sentence. |
24 | (2) The claimant's actual innocence has been established |
25 | by: |
26 | (i) being pardoned for the crime or crimes for which |
27 | the claimant was sentenced and which are the grounds for |
28 | the complaint; or |
29 | (ii) having the judgment of conviction of the |
30 | claimant reversed or vacated and the accusatory |
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1 | instrument dismissed or, if a new trial was ordered, |
2 | either being found not guilty at the new trial or not |
3 | being retried and the accusatory instrument dismissed; |
4 | provided that the judgment of conviction was reversed or |
5 | vacated, or the accusatory instrument was dismissed on |
6 | grounds not inconsistent with innocence or because the |
7 | statute, or application thereof, on which the accusatory |
8 | instrument was based violated the Constitution of the |
9 | United States or the Constitution of Pennsylvania. |
10 | (3) The claimant's claim is not time-barred by the |
11 | provisions of section 8536 (relating to statute of |
12 | limitations). |
13 | (b) Statement of facts.--The claim shall state facts in |
14 | sufficient detail to permit the court to find that the claimant |
15 | is likely to succeed at trial in proving that: |
16 | (1) the claimant did not commit any of the acts charged |
17 | in the accusatory instrument or the claimant's acts or |
18 | omissions charged in the accusatory instrument did not |
19 | constitute a crime; and |
20 | (2) the claimant did not commit or suborn perjury or |
21 | fabricate evidence to cause or bring about his conviction. A |
22 | guilty plea to a crime the claimant did not commit does not |
23 | constitute perjury under this paragraph. |
24 | (c) Verification.--The claim shall be verified by the |
25 | claimant. |
26 | (d) Dismissal.--If the court finds after reading the claim |
27 | that the claimant is not likely to succeed at trial, it shall |
28 | dismiss the claim, either on its own motion or on the motion of |
29 | the Commonwealth. |
30 | § 8533. Presentation of claim. |
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1 | All claims of wrongful conviction and imprisonment shall be |
2 | presented to and heard by the court of common pleas of this |
3 | Commonwealth in accordance with the Pennsylvania Rules of Civil |
4 | Procedure. |
5 | § 8534. Judgment and award. |
6 | (a) Elements of proof.--In order to obtain a judgment in the |
7 | claimant's favor, the claimant must provide evidence to prove |
8 | that: |
9 | (1) he was convicted of one or more crimes and |
10 | subsequently sentenced to a term of imprisonment and has |
11 | served all or any part of the sentence; |
12 | (2) (i) the claimant has been pardoned for the crime or |
13 | crimes for which he was sentenced and which are the |
14 | grounds for the complaint; or |
15 | (ii) the claimant's judgment of conviction was |
16 | reversed or vacated and the criminal action against the |
17 | claimant was dismissed or, if a new trial was ordered, |
18 | either the claimant was found not guilty at the new trial |
19 | or he was not retried and the criminal action dismissed; |
20 | provided that the judgment of conviction was reversed or |
21 | vacated, or the criminal proceeding was dismissed, on |
22 | grounds not inconsistent with innocence or because the |
23 | statute, or application thereof, on which the accusatory |
24 | instrument was based violated the Constitution of the |
25 | United States or the Constitution of Pennsylvania; |
26 | (3) the claimant did not commit any of the acts charged |
27 | in the accusatory instrument, nor did his acts or omissions |
28 | charged in the accusatory instrument constitute a crime; and |
29 | (4) the claimant did not commit or suborn perjury, or |
30 | fabricate evidence to cause or bring about his conviction. A |
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1 | guilty plea to a crime the claimant did not commit does not |
2 | constitute perjury for the purposes of this paragraph. |
3 | (b) Damages.--If the court finds that the claimant was |
4 | wrongfully convicted and imprisoned, it shall award damages as |
5 | follows: |
6 | (1) not less than $50,000 for each year of |
7 | incarceration, with an additional $50,000 for each year |
8 | served on death row, as adjusted by the Auditor General to |
9 | account for: |
10 | (i) inflation from the date of enactment; and |
11 | (ii) partial years served; |
12 | (2) economic damages, including, but not limited to, |
13 | lost wages, costs associated with the claimant's criminal |
14 | defense and efforts to prove the claimant's innocence and |
15 | medical expenses required after release; |
16 | (3) up to ten years of physical and mental health care |
17 | through the State employees' health care system, to be offset |
18 | by any amount provided through the claimant's employers |
19 | during that time period; |
20 | (4) compensation for any reasonable reintegrative |
21 | services and mental and physical health care costs incurred |
22 | by the claimant for the time period between his release from |
23 | mistaken incarceration and the date of his award; and |
24 | (5) reasonable attorney fees calculated at 10% of the |
25 | damage award plus expenses. These fees, exclusive of |
26 | expenses, shall not exceed $75,000, as adjusted by the |
27 | Auditor General to account for inflation from the effective |
28 | date of this section. These fees shall not be deducted from |
29 | the compensation due the claimant nor is counsel entitled to |
30 | receive additional fees from the client. |
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1 | (c) Limitations.--The damage award shall not be subject to: |
2 | (1) any cap applicable to private parties in civil |
3 | lawsuits; or |
4 | (2) any taxes, except for those portions of the judgment |
5 | awarded as attorney fees for bringing a claim under this |
6 | subchapter. |
7 | (d) Award, compromise and settlement.--The acceptance by the |
8 | claimant of any such award, compromise or settlement shall be in |
9 | writing and shall, except when procured by fraud, be final and |
10 | conclusive on the claimant and shall constitute a complete |
11 | release of any claim against the State and a complete bar to any |
12 | action by the claimant against the State by reason of the same |
13 | subject matter. |
14 | (e) Offset.--The damage award shall not be offset by any |
15 | expenses incurred by the Commonwealth or any political |
16 | subdivision of the Commonwealth, including, but not limited to, |
17 | expenses incurred to secure the claimant's custody, or to feed, |
18 | clothe or provide medical services for said claimant, nor shall |
19 | the court offset against the award the value of any services or |
20 | reduction in fees for services or the value thereof to be |
21 | provided to the claimant that may be awarded to the claimant |
22 | pursuant to this section. |
23 | § 8535. Notice. |
24 | (a) Court.--A court granting judicial relief consistent with |
25 | the criteria set forth in this subchapter shall provide a copy |
26 | of this subchapter to the individual seeking such relief at the |
27 | time the court determines that the claimant's claim is likely to |
28 | succeed. The individual shall be required to acknowledge his |
29 | receipt of a copy of this subchapter in writing on a form |
30 | established by the Supreme Court. The acknowledgment shall be |
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1 | entered on the docket by the court and shall be admissible in |
2 | any proceeding filed by a claimant under this subchapter. |
3 | (b) Parole board.--The Pennsylvania Board of Probation and |
4 | Parole, upon the issuance of a full pardon on or after the |
5 | effective date of this subchapter, shall provide a copy of this |
6 | subchapter to the individual at the time of the granting of the |
7 | pardon. The individual shall be required to acknowledge his |
8 | receipt of a copy of this subchapter in writing on a form |
9 | established by the parole board, which shall be retained on file |
10 | by the parole board as part of its official records and shall be |
11 | admissible in any proceeding filed by a claimant under this |
12 | subchapter. |
13 | (c) Failure to provide notice.--In the event a claimant |
14 | granted judicial relief or a full pardon on or after the |
15 | effective date of this subchapter shows he did not properly |
16 | receive a copy of the information required by this section, the |
17 | claimant shall receive a one-year extension on the three-year |
18 | time limit provided in section 8536 (relating to statute of |
19 | limitations). |
20 | (d) Notice by Supreme Court.--The Supreme Court shall make |
21 | reasonable attempts to notify all persons pardoned or granted |
22 | judicial relief consistent with this subchapter before the |
23 | enactment of this subchapter of their rights under this |
24 | subchapter. |
25 | § 8536. Statute of limitations. |
26 | An action for compensation brought by a wrongfully convicted |
27 | person under the provisions of this subchapter shall be |
28 | commenced within three years after either the grant of a pardon |
29 | or the grant of judicial relief and satisfaction of other |
30 | conditions described in section 8532 (relating to statement of |
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1 | claim), provided, however, that any action by the Commonwealth |
2 | challenging or appealing the grant of said judicial relief shall |
3 | toll the three-year period. Persons convicted, incarcerated and |
4 | released from custody prior to the effective date of this |
5 | subchapter shall commence an action under this subchapter within |
6 | five years of the effective date. |
7 | § 8537. Right of appeal. |
8 | Any party is entitled to the rights of appeal afforded |
9 | parties in a civil action in accordance with the Pennsylvania |
10 | Rules of Civil Procedure. |
11 | Section 2. This act shall take effect in 60 days. |
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