PRINTER'S NO. 1853
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1453
Session of
2017
INTRODUCED BY SIMMONS, NEUMAN, DAVIS, V. BROWN, IRVIN, BERNSTINE
AND GILLEN, MAY 25, 2017
REFERRED TO COMMITTEE ON JUDICIARY, MAY 25, 2017
AN ACT
Amending the act of April 9, 1929 (P.L.177, No.175), entitled
"An act providing for and reorganizing the conduct of the
executive and administrative work of the Commonwealth by the
Executive Department thereof and the administrative
departments, boards, commissions, and officers thereof,
including the boards of trustees of State Normal Schools, or
Teachers Colleges; abolishing, creating, reorganizing or
authorizing the reorganization of certain administrative
departments, boards, and commissions; defining the powers and
duties of the Governor and other executive and administrative
officers, and of the several administrative departments,
boards, commissions, and officers; fixing the salaries of the
Governor, Lieutenant Governor, and certain other executive
and administrative officers; providing for the appointment of
certain administrative officers, and of all deputies and
other assistants and employes in certain departments, boards,
and commissions; and prescribing the manner in which the
number and compensation of the deputies and all other
assistants and employes of certain departments, boards and
commissions shall be determined," in powers and duties of the
Department of Justice and its departmental administrative
boards, further providing for board of pardons.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 909(c) of the act of April 9, 1929
(P.L.177, No.175), known as The Administrative Code of 1929, is
amended to read:
Section 909. Board of Pardons.--* * *
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(c) The Board of Pardons shall adopt rules and regulations
governing its actions and no hearings or recommendations shall
be contrary thereto. In cases involving applicants under
sentence of death, the application shall be filed within ten
days of the Governor's issuance of a warrant specifying a week
for execution. The Board of Pardons shall use the following
criteria when adopting rules and regulations:
(1) With the exception of applications under the sentence of
death or under paragraph (2)(iii), no application submitted for
the purpose of requesting a reprieve, commutation of sentence or
pardon shall be accepted or reviewed by the Board of Pardons
unless the applicant has satisfied criteria in paragraph (2).
(2) Minimum eligibility requirements for applicants shall be
as follows:
(i) No person shall be deemed eligible to submit an
application with the Board of Pardons requesting a pardon until
at least ten years have elapsed from the date of the person's
most recent conviction or release from confinement during
instances when a conviction has resulted in any period of
imprisonment.
(ii) No person shall be deemed eligible to submit an
application with the Board of Pardons requesting a commutation
of sentence until at least ten years have elapsed from the date
following the person's most recent conviction.
(iii) No person serving a life sentence shall be deemed
eligible to submit an application with the Board of Pardons
requesting a pardon until the person has served at least twenty-
five years of the life sentence.
(iv) No person who is incarcerated shall be deemed eligible
to submit an application with the Board of Pardons requesting a
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pardon or commutation of sentence if the person is within three
years of the minimum sentence or the maximum sentence.
(3) Each applicant must show that the applicant has paid or
is in the process of paying fines, court costs and restitution.
If the applicant has outstanding financial obligations, the
applicant must have a payment plan and have made payments for at
least the twelve consecutive months prior to the submission of
the application.
(4) For the purposes of paragraph (2), the term "conviction"
shall not include a summary conviction.
* * *
Section 2. This act shall take effect in 60 days.
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