PRINTER'S NO. 1591
No. 1281 Session of 2003
INTRODUCED BY McGEEHAN, ROEBUCK, BEBKO-JONES, BELFANTI, BISHOP,
BUTKOVITZ, CLYMER, COLEMAN, CREIGHTON, CURRY, D. EVANS,
FICHTER, FRANKEL, HORSEY, JAMES, JOSEPHS, KELLER, KIRKLAND,
LEACH, LEDERER, MYERS, PRESTON, SCHRODER, STABACK,
R. STEVENSON, STURLA, THOMAS, WASHINGTON, WATERS, WILLIAMS,
YOUNGBLOOD AND BUXTON, MAY 5, 2003
REFERRED TO COMMITTEE ON JUDICIARY, MAY 5, 2003
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, providing for claims for
3 unjust incarceration.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 42 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 935. Claims for unjust incarceration.
9 (a) Intent.--The General Assembly finds and declares as
10 follows:
11 (1) Innocent persons who have been wrongly incarcerated
12 for crimes that they did not commit have been frustrated in
13 seeking legal redress because of a variety of substantive and
14 technical obstacles in the law and such persons should have
15 an available avenue of redress over and above the existing
16 tort remedies to seek compensation for damages.
1 (2) Those innocent persons who can demonstrate by clear
2 and convincing evidence that they were unjustly incarcerated
3 should be able to recover damages against the Commonwealth.
4 (3) In light of the substantial burden of proof that
5 must be carried by such persons, the court, in exercising its
6 discretion as permitted by law regarding the weight and
7 admissibility of evidence submitted, should, in the interest
8 of justice, give due consideration to difficulties of proof
9 caused by the passage of time, the death or unavailability of
10 witnesses, the destruction of evidence or other factors not
11 caused by such persons or those acting on their behalf.
12 (b) Claims against the Commonwealth.--Any person
13 incarcerated for one or more felonies or misdemeanors against
14 the Commonwealth that the person did not commit may, under the
15 conditions set forth in this section, file a claim for damages
16 against the Commonwealth.
17 (c) Evidentiary proof required.--In order to obtain a
18 judgment in his claim for unjust conviction and imprisonment,
19 the claimant must file a verified claim and establish by
20 documentary evidence that is both clear and compelling that:
21 (1) the claimant was convicted of or was persuaded to
22 plead guilty, no contest or nolo contendere to one or more
23 criminal offenses against the Commonwealth and subsequently
24 sentenced to a term of imprisonment and has served all or any
25 part of the sentence;
26 (2) (i) the claimant was pardoned upon the ground of
27 innocence of the crime or crimes for which the claimant
28 was sentenced and which are the grounds for the
29 complaint; or
30 (ii) the claimant's judgment of conviction was
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1 reversed or vacated, or his plea of guilty, no contest or
2 nolo contendere was withdrawn by leave of court, and the
3 indictment or information dismissed or, if a new trial
4 was ordered, either the claimant was found not guilty at
5 the new trial or was not retried and the indictment or
6 information dismissed; provided that the count or counts
7 dismissed were the sole basis for the imprisonment
8 complained of;
9 (3) the claim is not time-barred under subsection (h);
10 and
11 (4) the claimant was not incarcerated for any reason at
12 the time of presenting the claim.
13 (d) Findings required for relief.--
14 (1) The claim shall state facts in sufficient detail to
15 permit the court to find that the claimant is likely to prove
16 at trial that the claimant did not commit any of the acts
17 charged in the indictment or information or the claimant's
18 acts or omissions charged in the indictment or information
19 did not constitute a criminal offense against the
20 Commonwealth.
21 (2) If the court finds after reading the claim that the
22 claimant is not likely to succeed at trial, it shall dismiss
23 the claim, either on its own motion or on the motion of the
24 Commonwealth.
25 (e) Damages recoverable.--
26 (1) If the court finds that the claimant is entitled to
27 judgment, it shall award damages amounting to the greater of
28 the following:
29 (i) for each day that the claimant was incarcerated,
30 a sum of money equivalent to the highest amount that a
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1 member of the General Assembly would have been entitled
2 to collect for that day as a per diem under section
3 162(h)(1)(B) of the Internal Revenue Code (Public Law 95-
4 515, 26 U.S.C. § 162(h)(1)(B)); or
5 (ii) the claimant's actual salary or wage loss
6 during the period of incarceration, calculated on the
7 basis of the claimant's salary or wages immediately prior
8 to the arrest for the crime for which the claimant was
9 unjustly convicted and imprisoned.
10 (2) No additional damages beyond those provided for in
11 this section shall be allowed against the Commonwealth or any
12 political subdivision, officer or employee thereof, including
13 exemplary or punitive damages, attorney fees or any other
14 damages, nor may any claimant receive damages more than once
15 for the same period of incarceration.
16 (3) Damages awarded shall be paid out of the General
17 Fund.
18 (f) Reduction in damages recoverable.--A court may, in its
19 discretion, reduce the amount of damages calculated under
20 subsection (e) by the extent to which it finds that the
21 defendant, by pleading guilty, no contest or nolo contendere,
22 contributed unreasonably to the likelihood or duration, or both,
23 of his own incarceration.
24 (g) Notice of law and rights.--When a court determines that
25 a person appears to have a claim under this section, the court
26 shall provide the person with a copy of this section and inform
27 the person and his attorney of the person's rights under this
28 section to commence a civil action against the Commonwealth.
29 (h) Limitation on claims.--
30 (1) A person claiming compensation under this section
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1 based on a pardon that was granted before the effective date
2 of this section or the dismissal of an indictment or
3 information that occurred before the effective date of this
4 section must file the claim within two years after the
5 effective date of this section.
6 (2) A person claiming compensation under this section
7 based on a pardon that was granted on or after the effective
8 date of this section or the dismissal of an indictment or
9 information that occurred on or after the effective date of
10 this section or the dismissal of an indictment or information
11 that occurred on or after the effective date of this section
12 must file the claim within two years after the pardon or
13 dismissal.
14 Section 2. This act shall take effect in 60 days.
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