PRINTER'S NO. 1997
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1324
Session of
2020
INTRODUCED BY MUTH, FONTANA, STREET, BLAKE, SCHWANK, COSTA AND
HUGHES, SEPTEMBER 21, 2020
REFERRED TO JUDICIARY, SEPTEMBER 21, 2020
AN ACT
Providing for uniformity of collateral consequences of
convictions; imposing duties on the Pennsylvania Commission
on Sentencing and on courts; and providing for notice to
offender of rights and remedies.
TABLE OF CONTENTS
Section 1. Short title.
Section 2. Definitions.
Section 3. Declaration of purpose.
Section 4. Identification, collection and publication of laws
regarding collateral consequences.
Section 5. Notice of collateral consequences in pretrial
proceeding and at guilty plea.
Section 6. Notice of collateral consequences at sentencing and
upon release.
Section 7. Authorization required for collateral sanction.
Section 8. Decision to disqualify.
Section 9. Effect of conviction under Federal law or another
state law.
Section 10. Order of limited relief.
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Section 11. Certificate of restoration of rights.
Section 12. Collateral sanctions not subject to order of
limited relief or certificate of restoration of
rights.
Section 13. Issuance, modification and revocation of order of
limited relief and certificate of restoration of
rights.
Section 14. Reliance on order or certificate as evidence of due
care.
Section 15. Victims' rights.
Section 16. Uniformity of application and construction.
Section 17. Savings and transactional provisions.
Section 18. Effective date.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Uniform
Collateral Consequences of Conviction Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Collateral consequence." A collateral sanction or a
disqualification.
"Collateral sanction." A penalty, disability or
disadvantage, or its equivalent, imposed on an individual as a
result of the individual's conviction for an offense which
applies by operation of law whether the penalty, disability or
disadvantage is included in the judgment of sentence. The term
shall not include imprisonment, probation, parole, supervised
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release, forfeiture, restitution, fine, assessment or costs of
prosecution.
"Commission." The Pennsylvania Commission on Sentencing.
"Conviction." Includes an adjudication as a juvenile
delinquent.
"Decision maker." The Commonwealth acting through a
department, agency, officer or instrumentality, including a
political subdivision, educational institution, board or
commission, or any of their employees.
"Disqualification." A penalty, disability or disadvantage,
or its equivalent, that an administrative agency, governmental
official or court in a civil proceeding is authorized, but not
required, to impose on an individual on grounds relating to the
individual's conviction for an offense.
"Offense." A felony, misdemeanor or summary offense under
Federal or State law.
"State." A state or commonwealth of the United States, the
District of Columbia, Puerto Rico, the United States Virgin
Islands or any territory or insular possession subject to the
jurisdiction of the United States.
Section 3. Declaration of purpose.
The General Assembly finds and declares as follows:
(1) This act does not provide a basis for any of the
following:
(i) Invalidating a plea, conviction or sentence.
(ii) A cause of action for money damages.
(iii) A claim for relief from or defense to the
application of a collateral consequence based on a
failure to comply with section 4, 5 or 6.
(2) This act affects all of the following:
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(i) The duty an individual's attorney owes to the
individual.
(ii) A claim or right of a victim of an offense.
(iii) A right or remedy under any other law of this
Commonwealth available to an individual convicted of an
offense.
Section 4. Identification, collection and publication of laws
regarding collateral consequences.
(a) General powers and duties of commission.--The
commission:
(1) Shall identify provisions in the Constitution of
Pennsylvania, other laws of this Commonwealth, regulations
and rules of court which:
(i) impose a collateral sanction or authorize the
imposition of a disqualification; and
(ii) may afford relief from a collateral
consequence.
(2) No later than 180 days after the effective date of
this section, shall prepare a collection of citations to, and
the text or short descriptions of, the provisions identified
under paragraph (1).
(3) Shall update the collection under paragraph (2)
within 30 days after each regular session of the General
Assembly.
(4) In complying with paragraphs (1) and (2), may
consult on the study of the Commonwealth's collateral
sanctions, disqualifications and relief provisions prepared
by the National Institute of Justice under section 510 of the
Court Security Improvement Act of 2007 (Public Law 110-177,
121 Stat. 2534).
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(b) Collection statements.--The commission shall include all
of the following statements in a prominent manner at the
beginning of the collection required under subsection (a):
(1) This collection has not been enacted into law and
does not have the force of law.
(2) An error or omission in this collection or in any
reference work cited in this collection is not a reason for
invalidating a plea, conviction or sentence or for not
imposing a collateral sanction or authorizing a
disqualification.
(3) The laws of other jurisdictions and political
subdivisions of this Commonwealth that impose additional
collateral sanctions and authorize additional
disqualifications are not included in this collection.
(4) This collection does not include any law or other
provision regarding the imposition of or relief from a
collateral sanction or disqualification enacted or adopted
after the date when the collection was created or updated.
(c) Collection publication.--The commission shall publish
the collection prepared and updated as required under subsection
(a). If available, it shall be published as part of the
collection, the title and publicly accessible Internet website
address containing the most recent collection of all of the
following:
(1) The collateral consequences imposed by Federal law.
(2) Any provision of Federal law that may afford relief
from a collateral consequence.
(d) Availability.--The collection described under subsection
(c) shall be available on the commission's publicly accessible
Internet website without charge no later than 14 days after the
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collection is created or updated.
Section 5. Notice of collateral consequences in pretrial
proceeding and at guilty plea.
(a) Notice.--When an individual receives formal notice that
the individual is charged with an offense, the charging officer
or prosecuting agency shall communicate information
substantially similar to the following to the individual:
NOTICE OF ADDITIONAL LEGAL CONSEQUENCES
If you plead guilty or are convicted of an offense, you may
suffer additional legal consequences beyond jail or prison,
probation, parole, fines, costs and restitution. These
consequences may include all of the following:
(1) Being unable to obtain or keep some licenses,
permits or jobs.
(2) Being unable to obtain or keep benefits, such as
public housing or education.
(3) Receiving a harsher sentence if you are convicted of
another offense in the future.
(4) Having the government take your property.
(5) Being unable to vote or possess a firearm.
If you are not a United States citizen, a guilty plea or
conviction may also result in your deportation, removal or
exclusion from admission to the United States or denial of
citizenship.
The law may provide ways to obtain some relief from these
consequences.
Further information about the consequences of conviction is
available on the Internet at (insert publicly accessible
Internet website address of the collection of laws published
under section 4(c) and (d)).
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(b) Notice confirmation.--Before the court accepts a plea of
guilty or nolo contendere from an individual, the court shall
confirm that the individual received and understands the notice
required under subsection (a) and had an opportunity to discuss
the notice with counsel.
Section 6. Notice of collateral consequences at sentencing and
upon release.
(a) Notice.--An individual convicted of an offense shall be
given notice of all the following as provided under subsections
(b) and (c):
(1) That collateral consequences may apply because of
the conviction.
(2) The publicly accessible Internet website address of
the collection of laws published under section 4(c).
(3) That there may be ways to obtain relief from
collateral consequences.
(4) The contact information for government or nonprofit
agencies, groups or organizations, if any, offering
assistance to individuals seeking relief from collateral
consequences.
(5) When an individual convicted of an offense may vote
under the laws of this Commonwealth.
(b) Notice at sentencing.--The charging officer or
prosecuting agency shall provide the notice under subsection (a)
as part of sentencing.
(c) Notice before release.--If an individual is sentenced to
imprisonment or other incarceration, the officer or agency
releasing the individual shall provide the notice under
subsection (a) no more than 30 days before release.
Section 7. Authorization required for collateral sanction.
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(a) General rule.--A collateral sanction may be imposed only
by statute or ordinance or by a rule authorized by State law and
adopted in accordance with the act of June 25, 1982 (P.L.633,
No.181), known as the Regulatory Review Act.
(b) Ambiguity.--A law establishing a collateral consequence
that is ambiguous as to whether or not it imposes a collateral
sanction or authorizes a disqualification shall be construed as
authorizing a disqualification.
Section 8. Decision to disqualify.
(a) Disqualification.--In deciding whether or not to impose
a disqualification, a decision maker shall undertake an
individualized assessment to determine whether or not the
benefit or opportunity at issue should be denied to the
individual.
(b) Factors to consider.--
(1) In making the decision under subsection (a), the
decision maker may consider, if substantially related to the
benefit or opportunity at issue:
(i) The particular facts and circumstances involved
in the offense.
(ii) The essential elements of the offense. A
conviction itself may not be considered, except as having
established the elements of the offense.
(2) In making the decision under subsection (a), the
decision maker shall consider other relevant information,
including all of the following:
(i) The effect on third parties of granting the
benefit or opportunity.
(ii) Whether or not the individual has been granted
relief, such as an order of limited relief or a
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certificate of restoration of rights.
Section 9. Effect of conviction under Federal law or another
state law.
(a) Convictions.--
(1) For the purposes of authorizing or imposing a
collateral consequence in this Commonwealth, a conviction of
an offense under Federal law or another state law shall be
deemed a conviction of the offense in this Commonwealth with
the same elements.
(2) If there is no offense in this Commonwealth with the
same elements, the conviction shall be deemed a conviction of
the most serious offense in this Commonwealth which is
established by the elements of the offense.
(b) Juvenile adjudications.--
(1) For the purposes of authorizing or imposing a
collateral consequence in this Commonwealth, a juvenile
adjudication under Federal law or another state law may not
be deemed a conviction of a felony, misdemeanor or offense
lesser than a misdemeanor in this Commonwealth, but may be
deemed a juvenile adjudication for the delinquent act in this
Commonwealth with the same elements.
(2) If there is no delinquent act in this Commonwealth
with the same elements, the juvenile adjudication shall be
deemed an adjudication of the most serious delinquent act in
this Commonwealth which is established by the elements of the
juvenile adjudication.
(c) Convictions vacated.--A conviction that is reversed,
overturned or otherwise vacated by a court of competent
jurisdiction of the United States, this Commonwealth or another
state on grounds other than rehabilitation or good behavior may
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not serve as the basis for authorizing or imposing a collateral
consequence in this Commonwealth.
(d) Pardons.--A pardon issued by the United States or
another state shall have the same effect for purposes of
authorizing, imposing and relieving a collateral consequence in
this Commonwealth as the pardon has in the issuing jurisdiction.
(e) Convictions expunged.--
(1) A conviction that has been relieved by expungement,
sealing, annulment, set-aside or vacation by a court of
competent jurisdiction of the United States or another state
on grounds of rehabilitation or good behavior, or for which
civil rights are restored under law, shall be deemed a
conviction for purposes of authorizing or imposing collateral
consequences in this Commonwealth under subsection (a).
(2) An individual convicted in another jurisdiction may
seek relief under section 10 or 11 from any authorized or
imposed collateral consequence, other than those listed under
section 12, and the court shall consider that the conviction
was relieved or civil rights restored in deciding whether or
not to issue an order of limited relief or certificate of
restoration of rights.
(f) Deferred adjudications.--
(1) A charge or prosecution in a jurisdiction that has
been finally terminated without a conviction and imposition
of sentence based on participation in a deferred adjudication
or diversion program may not serve as the basis for
authorizing or imposing a collateral consequence in this
Commonwealth.
(2) Nothing in this section shall be construed to affect
the validity of a restriction or condition imposed by law as
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part of participation in the deferred adjudication or
diversion program, before or after termination of the charge
or prosecution.
Section 10. Order of limited relief.
(a) Petition.--An individual convicted of an offense may
petition for an order of limited relief from one or more
collateral sanctions related to employment, education, housing,
public benefits or occupational licensing. The petition may be
presented to the sentencing court at or before sentencing or at
any time after sentencing.
(b) Issuance.--Except as otherwise provided in section 12,
the sentencing court may issue an order of limited relief
relieving one or more of the collateral sanctions described
under subsection (a) if, after reviewing the petition, the
individual's criminal history, any filing by a victim under
section 15 or a prosecutor and any other relevant evidence, the
sentencing court finds that the individual has established by a
preponderance of the evidence that:
(1) Granting the petition will materially assist the
individual in obtaining or maintaining employment, education,
housing, public benefits or occupational licensing.
(2) The individual has substantial need for the relief
requested in order to live a law-abiding life.
(3) Granting the petition would not pose an unreasonable
risk to the safety or welfare of the public or any
individual.
(c) Contents.--An order of limited relief issued under
subsection (b) shall specify the following:
(1) The collateral sanction from which relief is
granted.
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(2) A restriction imposed under section 13(b).
(d) Relief.--An order of limited relief relieves a
collateral sanction to the extent provided in the order.
(e) Underlying conduct.--If a collateral sanction has been
relieved under this section, a decision maker may consider the
conduct underlying a conviction under section 8.
Section 11. Certificate of restoration of rights.
(a) Petition.--An individual convicted of an offense may
petition the sentencing court for a certificate of restoration
of rights relieving collateral sanctions no earlier than:
(1) five years after the individual's most recent
conviction of a felony or misdemeanor in any jurisdiction; or
(2) five years after the individual's release from
confinement pursuant to a criminal sentence in any
jurisdiction,
whichever five-year period ends later.
(b) Issuance.--Except as provided under section 12, the
sentencing court may issue a certificate of restoration of
rights if, after reviewing the petition, the individual's
criminal history, any filing by a victim under section 15 or a
prosecutor and any other relevant evidence, it finds that the
individual has established by a preponderance of the evidence
that:
(1) The individual is engaged in, or seeking to engage
in, a lawful occupation or activity, including employment,
training, education or rehabilitative programs, or the
individual otherwise has a lawful source of support.
(2) The individual is not in violation of the terms of a
criminal sentence or that a failure to comply with the terms
of a criminal sentence is justified, excused, involuntary or
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insubstantial.
(3) A criminal charge is not pending against the
individual.
(4) Granting the petition would not pose an unreasonable
risk to the safety or welfare of the public or an individual.
(c) Contents.--A certificate of restoration of rights shall
specify a restriction imposed and collateral sanction from which
relief has not been granted under section 13(b).
(d) Relief.--A certificate of restoration of rights shall
relieve all collateral sanctions, except those listed under
section 12 and any other specifically excluded in the
certificate.
(e) Underlying conduct.--If a collateral sanction has been
relieved under this section, a decision maker may consider the
conduct underlying a conviction under section 8.
Section 12. Collateral sanctions not subject to order of
limited relief or certificate of restoration of
rights.
An order of limited relief or certificate of restoration of
rights may not be issued to relieve any of the following
collateral sanctions:
(1) Requirements imposed under Title I of the Adam Walsh
Child Protection and Safety Act of 2006 (Public Law 109-248,
120 Stat. 587).
(2) A motor vehicle license suspension, revocation,
limitation or ineligibility under 75 Pa.C.S. Ch. 37 (relating
to miscellaneous provisions) or 38 (relating to driving after
imbibing alcohol or utilizing drugs).
(3) Ineligibility for employment with a law enforcement
agency.
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Section 13. Issuance, modification and revocation of order of
limited relief and certificate of restoration of
rights.
(a) Notice.--When a petition is filed under section 10 or
11, including a petition for enlargement of an existing order of
limited relief or certificate of restoration of rights, the
sentencing court shall notify the office that prosecuted the
offense giving rise to the collateral consequence from which
relief is sought and, if the conviction was not obtained in a
court within this Commonwealth, the Office of Attorney General.
(b) Revocation.--
(1) The sentencing court may restrict or revoke an order
of limited relief or certificate of restoration of rights
issued by the sentencing court or an order of limited relief
issued by a court in this Commonwealth if the sentencing
court finds just cause by a preponderance of the evidence.
(2) An order of restriction or revocation may be issued:
(i) On the court's own motion or on the motion of
the office of the prosecutor that obtained the conviction
or a government agency designated by the prosecutor.
(ii) After notice to the individual and any
prosecutor that has appeared in the matter.
(iii) After a hearing, if requested by the
individual or the prosecutor that made the motion or any
prosecutor that has appeared in the matter.
(3) As used in this subsection, the term "just cause"
shall include a subsequent conviction of a felony in this
Commonwealth or of an offense in another jurisdiction that is
deemed a felony in this Commonwealth under section 9(a).
(c) Necessary orders.--
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(1) The sentencing court shall order any test, report,
investigation or disclosure by the individual that the
sentencing court reasonably believes necessary to the
decision to issue, modify or revoke an order of limited
relief or certificate of restoration of rights.
(2) If there are material disputed issues of fact or
law, the individual and any prosecutor notified under
subsection (a) or another prosecutorial agency designated by
a prosecutor notified under subsection (a) may submit
evidence and be heard on those issues.
(d) Public records.--The sentencing court shall maintain a
public record of the issuance, modification and revocation of
orders of limited relief and certificates of restoration of
rights. The criminal history record system of the Pennsylvania
State Police and the Administrative Office of Pennsylvania
Courts shall include issuance, modification and revocation of
orders and certificates.
(e) Rules.--The Supreme Court of Pennsylvania may adopt
rules for application, determination, modification and
revocation of orders of limited relief and certificates of
restoration of rights.
Section 14. Reliance on order or certificate as evidence of due
care.
In a judicial or administrative proceeding alleging
negligence or other fault, an order of limited relief or a
certificate of restoration of rights may be introduced as
evidence of a person's due care in hiring, retaining, licensing,
leasing to, admitting to a school or program or otherwise
transacting business or engaging in activity with the individual
to whom the order was issued, if the person knew of the order or
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certificate at the time of the alleged negligence or other
fault.
Section 15. Victims' rights.
A victim of an offense may participate in a proceeding for
issuance, modification or revocation of an order of limited
relief or a certificate of restoration of rights in the same
manner as at a sentencing proceeding.
Section 16. Uniformity of application and construction.
In applying and construing this act, consideration shall be
given to the need to promote uniformity of law with respect to
its subject matter among states that enact it.
Section 17. Savings and transactional provisions.
(a) Applicability.--This act applies to collateral
consequences whenever enacted or imposed, unless the law
creating the collateral consequence expressly states that this
act does not apply.
(b) Validity.--Nothing in this act shall be construed to
invalidate the imposition of a collateral sanction on an
individual before the effective date of this section, but a
collateral sanction validly imposed before the effective date of
this section may be the subject of relief under this act.
Section 18. Effective date.
This act shall take effect in 60 days.
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