PRINTER'S NO. 2092
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
987
Session of
2023
INTRODUCED BY RABB, HOHENSTEIN, GIRAL, SANCHEZ, DELLOSO,
CONKLIN, KAZEEM, HILL-EVANS, CIRESI, KRAJEWSKI, FLEMING,
KINKEAD AND SHUSTERMAN, OCTOBER 3, 2023
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 3, 2023
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 providing for claims for wrongful
conviction and imprisonment; and establishing the Exonerated
Individual Community Trust Fund.
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 conviction and imprisonment.--Wrongful
conviction and imprisonment for which claims may be brought
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under Subchapter D (relating to claims for wrongful
conviction and imprisonment).
Section 2. Chapter 85 of Title 42 is amended by adding a
subchapter to read:
SUBCHAPTER D
CLAIMS FOR WRONGFUL CONVICTION AND IMPRISONMENT
Sec.
8581. Eligibility.
8582. Statement of claim and basis of award.
8583. Proceedings.
8584. Presentation of claim.
8585. Compensation.
8586. Annuity compensation and payments.
8587. Establishment of Exonerated Individual Community Trust
Fund.
8588. Board of Trustees.
8589. Member Services Council.
8590. Report and order.
8591. Notice.
8592. Statute of limitations and retroactivity.
§ 8581. Eligibility.
(a) Persons who may present claims.--An individual, or the
legal heirs of the individual if the individual is deceased,
convicted and subsequently imprisoned for one or more crimes
that the individual did not commit may present a claim for
damages against the Commonwealth if:
(1) The individual has been released from prison.
(2) The individual was either pardoned or the conviction
was vacated or reversed.
(3) The accusatory instrument was dismissed or if a new
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trial was granted and the individual was retried and found
not guilty or was not retried and the accusatory instrument
was dismissed.
(4) The individual's conviction was overturned and the
individual subsequently pleaded no contest despite asserting
the individual's innocence.
(5) The individual was provided with relief from a
criminal conviction under Subchapter B of Chapter 95
(relating to post conviction relief).
(b) Concurrent sentences.--Other than credit for time
served, a claimant is not entitled to compensation under this
subchapter for any portion of a sentence spent incarcerated
during which the claimant was also serving a concurrent sentence
for another crime to which this subchapter does not apply.
(c) Acceptance by claimant.--The acceptance by the claimant
of any judicial award, compromise or settlement under this title
shall be in writing.
§ 8582. Statement of claim and basis of award.
To present a claim for wrongful conviction and imprisonment
and to obtain a judgment in the claimant's favor, the claimant
must establish 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 has established by a preponderance of
evidence that the claimant did not commit the crime or crimes
for which the claimant was convicted or act as an accessory
of accomplice. Providing a false confession or pleading
guilty is not a bar to compensation under this section.
§ 8583. Proceedings.
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Proceedings before a court of competent jurisdiction shall be
governed by rules established by the Pennsylvania Supreme Court,
which shall emphasize, to the greatest extent possible,
informality of proceedings. No claimant shall be required to be
represented or accompanied by an attorney. If a claimant wishes
to be represented by an attorney, the representation shall be
paid by money in the Exonerated Individual Community Trust Fund.
§ 8584. Presentation of claim.
A claim of wrongful conviction and imprisonment shall be
presented to and heard by a court of competent jurisdiction. The
following shall apply:
(1) Upon presentation of a claim under section 8582
(relating to statement of claim and basis of award), the
court shall fix a time and place to hear the claim, but no
more than 120 days after presentation of the claim.
(2) At least 21 days prior to the time fixed for the
hearing, the court shall mail notice of the time fixed for
the hearing to the claimant and to the district attorney
which serves as the basis for this claim.
(3) The district attorney may offer evidence and argue
in opposition to the claim for damages.
§ 8585. Compensation.
If a person who presents a claim and is found by the court to
be entitled to compensation, the compensation shall be as
follows:
(1) Fifty percent more than the median Pennsylvania
household income from the most recently published United
States Census Bureau data per year of wrongful imprisonment.
In addition, the following variables shall be factored into
determining the total financial starting point for an
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exonerated individual to be compensated per year of wrongful
incarceration:
(i) An additional $25,000 per year for each year the
exonerated individual was placed on the sex offender
registry.
(ii) An additional $25,000 per year for each year
the exonerated individual was placed on parole.
(iii) An additional $75,000 per year for each year
the exonerated individual was placed on death row.
(2) Compensation for child support payments owed by the
person whose imprisonment upon which the claim is based that
became due and interest on child support arrearages that
accrued during the time served in prison but were not paid to
the individual to whom the child support is owed.
(3) All of the following:
(i) Enrollment in a State employee health plan.
(ii) Counseling services, including financial
literacy counseling and continuing mental health
counseling.
(iii) The reimbursement of tuition and fees at any
of the following:
(A) A university within the State System of
Higher Education under Article XX-A of the act of
March 10, 1949 (P.L.30, No.14), known as the Public
School Code of 1949.
(B) A State-related institution, as defined
under section 2001-C of the Public School Code of
1949.
(C) A community college in this Commonwealth.
(D) A public career and technical school in this
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Commonwealth.
(iv) Assistance with securing affordable housing,
cost-of-living expenses and transportation expenses
during the proceedings and for a period of not less than
12 months after the claimant's award.
(v) Compensation for any reasonable reintegrative
services and mental and physical health care costs
incurred by the claimant for the time period between the
claimant's release from incarceration and the date of the
claimant's award.
(vi) Additional reasonable attorney fees calculated
at 10% of the damage award plus expenses. Exclusive of
expenses, these 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 attorney fees may not be
deducted from the compensation due the claimant nor may
the claimant's counsel receive additional fees from the
client for this matter under this subchapter.
(vii) A professionally prepared, confidential
digital and physical file containing the claimant's
medical records, diagnoses, medication record, up-to-date
State identification card or driver's license, birth
certificates and any other necessary identifying or
personal historical items, to be required from and
provided by the Department of Corrections. This file, in
all forms, shall only be accessible by the claimant or an
individual given signed, written permission by the
claimant to access the file. A full-time, paid staff
shall be employed in the Department of Corrections to
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expedite the requirements of this subparagraph.
(viii) Access to ongoing mental health services, as
well as services to assist with acquiring future State
identification cards, driver's licenses, passports, birth
certificates and any other necessary identifying items.
(4) The following shall apply:
(i) If the claimant previously won a monetary award
against the Commonwealth or any political subdivision in
a civil action related to the same subject, or has
entered into a settlement agreement with the Commonwealth
or any political subdivision related to the same subject,
the amount of the award or settlement agreement, less any
sums paid to attorneys for costs in litigating the other
civil action or obtaining the settlement agreement, shall
be deducted from the sum of money to which the claimant
is entitled under paragraph (1) and deposited into the
Exonerated Individual Community Trust Fund.
(ii) If subparagraph (i) does not apply, and if the
claimant has been awarded a payment under this subchapter
and subsequently wins a monetary award against the
Commonwealth or any political subdivision in a civil
action related to the same matter or enters into a
settlement agreement with the Commonwealth or any
political subdivision related to the same matter, the
claimant shall reimburse the Commonwealth for the sum of
money paid under paragraph (1), less any amount paid for
attorney fees for costs in litigating the other civil
action or obtaining the settlement award. A reimbursement
required under this subsection may not exceed the amount
of the monetary award the claimant wins for damages in
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the other civil action or the amount received in the
settlement agreement.
(5) For any compensation authorized under this
subchapter, the payment of compensation may be:
(i) to or for the benefit of the claimant; or
(ii) if the claimant is deceased, to or for the
benefit of any one or more of the legal heirs of the
claimant.
(6) The damage award shall not be subject to any cap
applicable to private parties in civil lawsuits.
(7) The compensation shall include reimbursement for any
statutorily mandated and court-assessed costs, fines,
restitution and fees to the extent that they have been
collected.
(8) Upon a decision of the court on behalf of the
claimant, the court shall provide the claimant with the
option to automatically expunge or seal their record. If the
claimant does not wish to immediately expunge or seal their
record, they may do so.
(9) The compensation shall not be subject to any tax
imposed by the Commonwealth.
§ 8586. Annuity compensation and payments.
(a) General rule.--A person entitled to compensation under
this subchapter shall be entitled to standard annuity payments
under this section unless the person elects to receive
alternative annuity payments.
(b) Payments.--Standard annuity payments shall be based on a
present value sum equal to the amount to which the person is
entitled under section 8585 (relating to compensation).
(c) Payment of annuity.--A claimant may select one of the
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following options to provide for the payment of the claimant's
annuity upon the claimant's death:
(1) The alternative annuity payments are payable to and
throughout the life of the claimant's designated beneficiary
upon the death of the claimant.
(2) Three-fourths of the initial alternative annuity
payment amount is payable to and throughout the life of the
claimant's designated beneficiary upon the death of the
claimant.
(3) One-half of the initial alternative annuity payment
amount is payable to and throughout the life of the
claimant's designated beneficiary upon the death of the
claimant.
(4) If the claimant dies before 180 monthly alternative
annuity payments have been made, the remainder of the 180
payments are payable to the claimant's designated
beneficiary.
(5) If the claimant dies before 120 monthly alternative
annuity payments have been made, the remainder of the 120
payments are payable to the claimant's designated
beneficiary.
(d) Election.--An election under subsection (c) must be made
no later than 45 days after the date on which the claimant:
(1) files the application for compensation with the
court; or
(2) experiences one of the following life-changing
events:
(i) Marriage or divorce of the claimant.
(ii) The addition of a dependent of the claimant.
(iii) The death of a dependent, spouse or
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beneficiary of the claimant.
(e) Form.--An election under subsection (d) must be made on
a form prescribed by the court that:
(1) Identifies the claimant's designated beneficiary.
(2) Specifies the option selected under subsection (c).
(f) Increase of payment upon death of designated
beneficiary.--A claimant who elects to receive alternative
annuity payments under this section that are payable to the
claimant and the claimant's designated beneficiary and survives
the claimant's designated beneficiary is entitled to an increase
in the amount of the claimant's monthly annuity payments so that
the claimant's monthly payments equal the monthly payments the
claimant would have received had the claimant not elected to
receive the alternative annuity payments. The claimant is
entitled to the increased payments beginning the month following
the month in which the claimant's designated beneficiary dies
and ending on the date of the claimant's death.
(g) Beneficiary.--A claimant who elects to receive
alternative annuity payments under this section that are payable
to the claimant and the claimant's designated beneficiary and
survives the claimant's designated beneficiary may select a
designated beneficiary or multiple beneficiaries to receive the
remainder of the alternative annuity payments.
§ 8587. Establishment of Exonerated Individual Community Trust
Fund.
(a) Establishment.--The Exonerated Individual Community
Trust Fund is established as a restricted account in the State
Treasury. Money in the account shall be expended in accordance
with this section each fiscal year.
(b) Transfer.--An amount equal to the product of multiplying
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the median Pennsylvania household income as determined by the
most recently published data from the United States Census
Bureau by the number of documented exonerated individuals within
this Commonwealth shall be transferred from the General Fund to
the Exonerated Individual Community Trust Fund within 90 days of
the effective date of this section. The money in the fund is
appropriated to the Exonerated Individual Community Trust Fund
on a continuing basis to carry out the purposes of this section.
In addition to any appropriation, the Commonwealth may apply for
and accept grants, gifts, donations, bequests and settlements
from any public or private source. Money received shall be
deposited into the Exonerated Individual Community Trust Fund
established under this section.
(c) Use of fund.--The Board of Trustees, in consultation
with the Member Services Council, shall use money in the
Exonerated Individual Community Trust Fund to benefit
communities that have been impacted by wrongful convictions and
wrongful incarceration and may include:
(1) Grants and fellowships for research and advocacy
regarding preventing future wrongful convictions, the
exoneration of incarcerated individuals and reentry of
formerly incarcerated individuals, as approved by the board.
(2) Financial assistance to eligible e xonerated
individual s who need assistance paying fines, fees or other
one-time or emergent expenses, as approved by the Member
Services Council.
(3) Any other requests jointly approved by the Board of
Trustees and the Member Services Council that support
communities impacted by wrongful conviction and wrongful
incarceration.
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§ 8588. Board of Trustees.
The following shall apply:
(1) The Board of Trustees shall be composed of
professionals from a variety of relevant backgrounds, to be
chosen by the Executive Director of the Pennsylvania
Commission on Crime and Delinquency, including, but not
limited to, the following:
(i) Financial advisory services.
(ii) Individuals who work in a trauma-informed
field.
(iii) Community economic development.
(iv) Micro-lending.
(v) Social impact investing.
(vi) Environmental and social governance.
(vii) Democratic workplace operations.
(2) An exonerated individual applying for a position on
the board must have received training in financial literacy
or restorative justice or employment in a position with a
focus on restorative justice or a related field. The
following shall apply:
(i) The training must be provided through a
certificate program through the Pennsylvania State System
of Higher Education, State-related school or community
college, with input from other State agencies as
appropriate.
(ii) The certificate program under subparagraph (i)
must be approved by the Department of Education in an
approval process as determined by the department.
(3) The board shall assist the Member Services Council
in using funds to facilitate activities as described in
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section 8587(c) (relating to establishment of Exonerated
Individual Community Trust Fund).
§ 8589. Member Services Council.
The following shall apply:
(1) The council shall review requests for financial
assistance of eligible exonerated individuals who need
assistance paying fines, fees or other one-time or emergent
expenses.
(2) Eligible exonerated individuals under paragraph (1)
are individuals with a documented investment in the
individual's health and well-being.
(3) The council shall be composed of the following:
(i) The Secretary of Community and Economic
Development.
(ii) The Executive Director of the Office of
Advocacy and Reform.
(iii) The Secretary of Education.
(iv) The Secretary of the Office of Environmental
Justice within the Department of Environmental
Protection.
(v) The Secretary of Health, or a designee.
(vi) The Director of the Department of Health's
Office of Health Equity.
(vii) The Secretary of Human Services.
(viii) The Chief Diversity, Equity and Inclusion
Officer of the Pennsylvania State System of Higher
Education's Office of Diversity, Equity and Inclusion.
(ix) The State Treasurer, or a designee.
(x) The Secretary of the Board of Pardons.
§ 8590. Report and order.
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The court shall issue a ruling and order and provide the
State Treasurer a statement of the total compensation due and
owing to the claimant from the Commonwealth.
§ 8591. Notice.
(a) Court.--A court granting judicial relief as described
under section 8582 (relating to statement of claim and basis of
award) shall provide a copy of this subchapter to the individual
seeking relief at the time the court determines that the
claimant's claim is likely to succeed. The individual shall be
required to acknowledge receipt of a copy of this subchapter in
writing on a form established by the Supreme Court. The
acknowledgment shall be entered on the docket by the court and
shall be admissible in any proceeding filed by a claimant under
this subchapter.
(b) Board of Pardons.--Upon the issuance of a full pardon on
or after the effective date of this subchapter, the Board of
Pardons shall provide a copy of this subchapter to an individual
when pardoned as described under section 8582. The individual
shall be required to acknowledge receipt of a copy of this
subchapter in writing on a form established by the Board of
Pardons, which shall be retained on file by the Board of Pardons
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 that the claimant did
not properly receive a copy of the information required under
this section, the claimant shall receive a one-year extension on
the two-year time limit provided under section 8592 (relating to
statute of limitations and retroactivity).
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§ 8592. Statute of limitations and retroactivity.
(a) General rule.--Except as provided under subsection (c),
an action for compensation brought by a wrongfully convicted
individual under this subchapter shall be commenced within two
years after either the grant of a pardon or date when the
accusatory instrument was dismissed, or the individual was found
not guilty on retrial.
(b) Tolling.--Any action by the Commonwealth challenging or
appealing the grant of judicial relief tolls the two-year
period.
(c) Retroactivity.--An individual convicted, incarcerated
and released from custody prior to the effective date of this
subsection may commence an action under this subchapter.
Section 3. This act shall take effect in 180 days.
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