Pennsylvania HB 545: An Act amending Titles 42 (Judiciary and Judicial Procedure) and 61 (Prisons and Parole) of the Pennsylvania Consolidated Statutes, in limitation of time, further providing for six months limitation; in matters affecting government units, further providing for exceptions to sovereign immunity, for limitations on damages and for exceptions to governmental immunity and providing for claims for compensation for wrongful conviction; in general administration, providing for services after wrongful conviction; and, in Pennsylvania Board of Probation and Parole, further providing for powers and duties of department.

Bill Text

PRINTER'S NO. 541
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 545
Session of
2025
INTRODUCED BY YOUNG, FLEMING, HILL-EVANS, GIRAL, KENYATTA,
SANCHEZ, GUENST, PIELLI, KHAN, M. JONES, HOHENSTEIN, DALEY,
FIEDLER, GREEN, MADDEN AND CEPEDA-FREYTIZ, FEBRUARY 10, 2025
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 10, 2025
AN ACT
Amending Titles 42 (Judiciary and Judicial Procedure) and 61
(Prisons and Parole) of the Pennsylvania Consolidated
Statutes, in limitation of time, further providing for six
months limitation; in matters affecting government units,
further providing for exceptions to sovereign immunity, for
limitations on damages and for exceptions to governmental
immunity and providing for claims for compensation for
wrongful conviction; in general administration, providing for
services after wrongful conviction; and, in Pennsylvania
Board of Probation and Parole, further providing for powers
and duties of department.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5522(c) of Title 42 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 5522. Six months limitation.
* * *
(c) Exception.--This section shall not apply to any civil
action or proceeding brought under section 8522(b)(10) or (11)
(relating to exceptions to sovereign immunity) or 8542(b)(9) or
(10) (relating to exceptions to governmental immunity).
Section 2. Section 8522(b) of Title 42 is amended by adding
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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.--A wrongful conviction for
which a claim may be brought under section 8583 (relating to
petition for compensation).
Section 3. Section 8528(d) of Title 42 is amended to read:
§ 8528. Limitations on damages.
* * *
(d) Exclusions.--This section shall not apply to damages
awarded under section 8522(b)(10) or (11).
Section 4. Section 8542(b) of Title 42 is amended by adding
a paragraph to read:
§ 8542. Exceptions to governmental immunity.
* * *
(b) Acts which may impose liability.--The following acts by
a local agency or any of its employees may result in the
imposition of liability on a local agency:
* * *
(10) Wrongful conviction.--A wrongful conviction for
which a petition may be filed under section 8583 (relating to
petition for compensation).
* * *
Section 5. Chapter 85 of Title 42 is amended by adding a
subchapter to read:
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SUBCHAPTER D
CLAIMS FOR COMPENSATION FOR WRONGFUL CONVICTION
Sec.
8581. Scope of subchapter.
8582. Eligibility to seek compensation for wrongful conviction.
8583. Petition for compensation.
8584. Compensation.
8585. Notice to Treasury .
8586. Statute of limitations.
§ 8581. Scope of subchapter.
This subchapter relates to the provision of compensation for
a wrongful conviction.
§ 8582. Eligibility to seek compensation for wrongful
conviction.
(a) Cause of action authorized.--An action may be brought
under this subchapter to seek compensation for the wrongful
conviction of an individual. The claim may be brought by:
(1) An individual who was convicted of a crime for which
the individual was subsequently incarcerated or subject to
involuntary treatment, has served all or any part of the
sentence, alleges prima facie evidence of actual innocence of
the crime or crimes and at least one of the following
applies:
(i) The conviction was dismissed, overturned,
reversed or vacated on direct or collateral review on the
basis of actual innocence and the charge was not refiled.
(ii) The conviction was dismissed, overturned,
reversed or vacated on direct or collateral review on the
basis of actual innocence and the individual is acquitted
after retrial.
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(iii) The conviction was overturned, reversed or
vacated on direct or collateral review on the basis of
actual innocence and the individual subsequently entered
an Alford plea or plea of no contest when otherwise
eligible to seek retrial.
(iv) A full pardon has been issued by the Governor
on the basis of actual innocence.
(2) The heirs of an individual meeting the criteria
under paragraph (1), if the individual is deceased,
notwithstanding if the heirs are residents of this
Commonwealth.
(b) Ineligibility for compensation.--A claimant may not seek
compensation under this subchapter if any of the following
apply:
(1) The individual was an accomplice, coconspirator,
solicitor or accessory in the commission of the crime for
which the individual was originally convicted and
meaningfully participated in the crime.
(2) The indivi