Pennsylvania HB 458: An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in post-trial matters, further providing for eligibility for relief, providing for postconviction review for veterans with service-connected mental health disability and further providing for jurisdiction and proceedings; and, in sentencing, further providing for sentencing procedure for murder of the first degree.

Bill Text

PRINTER'S NO. 440
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 458
Session of
2025
INTRODUCED BY HILL-EVANS, GIRAL, PROBST, HADDOCK, DELLOSO,
CIRESI, KINKEAD, HANBIDGE, HOWARD, CEPEDA-FREYTIZ, SANCHEZ,
HOHENSTEIN, D. WILLIAMS, O'MARA, GREEN AND DALEY,
FEBRUARY 3, 2025
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 3, 2025
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in post-trial matters,
further providing for eligibility for relief, providing for
postconviction review for veterans with service-connected
mental health disability and further providing for
jurisdiction and proceedings; and, in sentencing, further
providing for sentencing procedure for murder of the first
degree.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 9543(a)(2) of Title 42 of the
Pennsylvania Consolidated Statutes is amended by adding a
subparagraph to read:
§ 9543. Eligibility for relief.
(a) General rule.--To be eligible for relief under this
subchapter, the petitioner must plead and prove by a
preponderance of the evidence all of the following:
* * *
(2) That the conviction or sentence resulted from one or
more of the following:
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* * *
(ix) Failure to consider evidence that the
petitioner has a service-connected mental health
disability as defined in section 9543.2(g) (relating to
postconviction review for veterans with service-connected
mental health disability).
* * *
Section 2. Title 42 is amended by adding a section to read:
§ 9543.2. Postconviction review for veterans with service-
connected mental health disability.
(a) Motion.--
(1) An individual convicted of a criminal offense in a
court of this Commonwealth and serving a term of imprisonment
or awaiting execution because of a sentence of death may
submit a written motion to the sentencing court for the
performance or review of a mental health evaluation to
determine whether the individual has a service-connected
mental health disability.
(2) The applicant shall ensure that all necessary forms
authorizing the release of medical records have been
completed as of the date of the motion.
(b) Notice to the Commonwealth.--Upon receipt of a motion
under subsection (a), the court shall notify the Commonwealth
and shall afford the Commonwealth an opportunity to respond to
the motion.
(c) Requirements.--In a motion under subsection (a), the
applicant shall:
(1) In a capital case, assert that the outcome of the
mental health evaluation will establish a mitigating
circumstance under section 9711(e)(7.1) (relating to
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sentencing procedure for murder of the first degree).
(2) Present a prima facie case demonstrating that a
mental health evaluation would establish that the applicant's
service-connected mental health disability was a contributing
factor in the applicant's conviction for the underlying
offense.
(d) Order.--
(1) Except as provided in paragraph (2), the sentencing
court shall order the performance or review of the mental
health evaluation requested in a motion under subsection (a)
upon a determination, after review of the record of the
applicant's trial, that the:
(i) requirements of subsection (c) have been met;
(ii) applicant is a veteran who served in the United
States Armed Forces in a combat zone or other similar
hazardous duty area; and
(iii) motion is not made to delay the execution of
sentence or administration of justice.
(2) The court shall not order the performance or review
of the mental health evaluation requested in a motion under
subsection (a) if, after review of the record of the
applicant's trial, the court determines that there is no
reasonable possibility that the evaluation would produce
evidence that the individual has a service-connected mental
health disability that may be a contributing factor in the
applicant's conviction for the underlying offense.
(3) Upon issuance of an order under paragraph (1), the
president judge of the court of common pleas having
jurisdiction shall assign the motion for postconviction
relief for review to:
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(i) a veterans court; or
(ii) a judge trained to review matters pertaining to
veterans.
(4) If the court orders the performance or review of the
mental health evaluation requested in a motion under
subsection (a), the Department of Military and Veterans
Affairs may work with the United States Department of
Veterans Affairs to ensure that the applicant has the
opportunity to have a complete mental health evaluation
performed or reviewed by a health care practitioner with
expertise in service-connected mental health disabilities.
(e) Mental health evaluation procedures.--
(1) After the mental health evaluation conducted or
reviewed under this section h