PRINTER'S NO. 452
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 54
Session of
2025
INTRODUCED BY HUGHES, BARTOLOTTA, SCHWANK, TARTAGLIONE, SAVAL,
COSTA, KANE, L. WILLIAMS AND MILLER, MARCH 21, 2025
REFERRED TO JUDICIARY, MARCH 21, 2025
AN ACT
1 Amending Titles 42 (Judiciary and Judicial Procedure) and 61
2 (Prisons and Parole) of the Pennsylvania Consolidated
3 Statutes, in limitation of time, further providing for six
4 months limitation; in matters affecting government units,
5 further providing for exceptions to sovereign immunity, for
6 limitations on damages and for exceptions to governmental
7 immunity and providing for claims for compensation for
8 wrongful conviction; in general administration, providing for
9 services after wrongful conviction; and, in Pennsylvania
10 Board of Probation and Parole, further providing for powers
11 and duties of department.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. Section 5522(c) of Title 42 of the Pennsylvania
15 Consolidated Statutes is amended to read:
16 § 5522. Six months limitation.
17 * * *
18 (c) Exception.--This section shall not apply to any civil
19 action or proceeding brought under section 8522(b)(10) or (11)
20 (relating to exceptions to sovereign immunity) or 8542(b)(9) or
21 (10) (relating to exceptions to governmental immunity).
22 Section 2. Section 8522(b) of Title 42 is amended by adding
 1 a paragraph to read:
2 § 8522. Exceptions to sovereign immunity.
3 * * *
4 (b) Acts which may impose liability.--The following acts by
5 a Commonwealth party may result in the imposition of liability
6 on the Commonwealth and the defense of sovereign immunity shall
7 not be raised to claims for damages caused by:
8 * * *
9 (11) Wrongful conviction.--A wrongful conviction for
10 which a claim may be brought under section 8583 (relating to
11 petition for compensation).
12 Section 3. Section 8528(d) of Title 42 is amended to read:
13 § 8528. Limitations on damages.
14 * * *
15 (d) Exclusions.--This section shall not apply to damages
16 awarded under section 8522(b)(10) or (11).
17 Section 4. Section 8542(b) of Title 42 is amended by adding
18 a paragraph to read:
19 § 8542. Exceptions to governmental immunity.
20 * * *
21 (b) Acts which may impose liability.--The following acts by
22 a local agency or any of its employees may result in the
23 imposition of liability on a local agency:
24 * * *
25 (10) Wrongful conviction.--A wrongful conviction for
26 which a petition may be filed under section 8583 (relating to
27 petition for compensation).
28 * * *
29 Section 5. Chapter 85 of Title 42 is amended by adding a
30 subchapter to read:
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 1 SUBCHAPTER D
2 CLAIMS FOR COMPENSATION FOR WRONGFUL CONVICTION
3 Sec.
4 8581. Scope of subchapter.
5 8582. Eligibility to seek compensation for wrongful conviction.
6 8583. Petition for compensation.
7 8584. Compensation.
8 8585. Notice to Treasury.
9 8586. Statute of limitations.
10 § 8581. Scope of subchapter.
11 This subchapter relates to the provision of compensation for
12 a wrongful conviction.
13 § 8582. Eligibility to seek compensation for wrongful
14 conviction.
15 (a) Cause of action authorized.--An action may be brought
16 under this subchapter to seek compensation for the wrongful
17 conviction of an individual. The claim may be brought by:
18 (1) An individual who was convicted of a crime for which
19 the individual was subsequently incarcerated or subject to
20 involuntary treatment, has served all or any part of the
21 sentence, alleges prima facie evidence of actual innocence of
22 the crime or crimes and at least one of the following
23 applies:
24 (i) The conviction was dismissed, overturned,
25 reversed or vacated on direct or collateral review on the
26 basis of actual innocence and the charge was not refiled.
27 (ii) The conviction was dismissed, overturned,
28 reversed or vacated on direct or collateral review on the
29 basis of actual innocence and the individual is acquitted
30 after retrial.
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 1 (iii) The conviction was overturned, reversed or
2 vacated on direct or collateral review on the basis of
3 actual innocence and the individual subsequently entered
4 an Alford plea or plea of no contest when otherwise
5 eligible to seek retrial.
6 (iv) A full pardon has been issued by the Governor
7 on the basis of actual innocence.
8 (2) The heirs of an individual meeting the criteria
9 under paragraph (1), if the individual is deceased,
10 notwithstanding if the heirs are residents of this
11 Commonwealth.
12 (b) Ineligibility for compensation.--A claimant may not seek
13 compensation under this subchapter if any of the following
14 apply:
15 (1) The individual was an accomplice, coconspirator,
16 solicitor or accessory in the commission of the crime for
17 which the individual was originally convicted and
18 meaningfully participated in the crime.
19 (2) The individual was also serving a sentence for
20 another crime for which the individual was lawfully
21 incarcerated for the entirety of the time otherwise eligible
22 for compensation.
23 (3) The individual committed perjury or witness
24 intimidation or fabricated evidence at the original trial. A
25 confession or admission later found to be false or a guilty
26 plea, Alford plea or a plea of no contest shall not
27 constitute perjury or fabrication of evidence.
28 (4) The individual was convicted of a felony arising
29 from the same set of facts as the crime for which the
30 individual was originally convicted. A subsequent Alford plea
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 1 or plea of no contest based on the same set of facts as the
2 crime for which the individual was originally convicted shall
3 not bar a claimant from filing a petition.
4 § 8583. Petition for compensation.
5 (a) Form and filing.--A petition for compensation shall be
6 in a form and manner determined by the Supreme Court. Petitions
7 shall be filed and heard by Commonwealth Court. A proceeding
8 before Commonwealth Court shall be governed by rules established
9 by Commonwealth Court, which shall emphasize informality to the
10 greatest extent possible. A claimant shall not be required to be
11 represented or accompanied by an attorney.
12 (b) Contents of petition.--To present a claim for
13 compensation for wrongful conviction, the petition must include
14 a statement of claim establishing the following:
15 (1) The individual meets the eligibility criteria listed
16 under section 8582 (relating to eligibility to seek
17 compensation for wrongful conviction).
18 (2) The individual was sentenced to incarceration, or to
19 confinement in an institution under section 6403 (relating to
20 court-ordered involuntary treatment), based on the wrongful
21 conviction and has served all or any part of that sentence.
22 (3) The specific dates for which the individual is
23 seeking compensation, subject to any excludable periods.
24 (4) The individual does not have ineligibility factors
25 under section 8582.
26 (5) The specific compensation the petitioner is
27 requesting if the petition were granted.
28 (6) Evidence supporting the claimant's actual innocence
29 of the crime for which the claimant was incarcerated, which
30 may include:
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 1 (i) The filings under Subchapter B of Chapter 95
2 (relating to post conviction relief) from the case
3 showing that the claimant meets the criteria under
4 section 8582.
5 (ii) The court transcripts from the case showing
6 that the claimant meets the criteria under section 8582.
7 (iii) An explanation as to why the claimant should
8 be considered eligible to seek compensation.
9 (c) Service.--Upon receipt of a filed petition, the court
10 shall forward a copy of the petition to the prosecuting entity
11 which may be either:
12 (1) the district attorney in the district where the
13 individual was prosecuted; or
14 (2) the Office of Attorney General if the individual was
15 prosecuted by the Office of Attorney General.
16 (d) Response to petition.--Upon receipt of service, the
17 prosecuting entity shall within 30 days respond to the petition
18 and state that either:
19 (1) The prosecuting entity agrees that the petitioner
20 meets the eligibility for compensation and declines to oppose
21 the claim.
22 (2) The prosecuting entity disagrees that the petitioner
23 meets the eligibility for compensation and requests a hearing
24 to present evidence to oppose the claim.
25 (e) Hearings.--
26 (1) If a hearing is requested by the prosecuting entity,
27 the court shall schedule a hearing as soon as possible,
28 provided the petitioner and the prosecuting entity have at
29 least 15 days' notice.
30 (2) If the court determines a hearing is necessary to
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 1 determine a petitioner's eligibility and entitlement to
2 compensation, the court may schedule a hearing if the
3 petitioner and the prosecuting entity have at least 15 days'
4 notice.
5 (3) If the court denies a petition without having held a
6 hearing, the court shall provide notice to the petitioner and
7 the prosecuting entity that the petitioner has 15 days from
8 the date of the notice to request a hearing. Upon receipt of
9 a petitioner's request, the court shall schedule a hearing as
10 soon as possible, if the petitioner and the prosecuting
11 entity have at least 15 days' notice.
12 (4) Following any hearing on a petition for compensation
13 where evidence is presented, the court shall determine if all
14 the following apply:
15 (i) The petitioner meets the eligibility criteria
16 under section 8582(a).
17 (ii) The individual who is the subject of the
18 petition does not have any ineligibility factors under
19 section 8582(b).
20 (iii) The court is satisfied of the individual's
21 actual innocence of the crime for which the individual
22 was incarcerated.
23 (5) Following any hearing on a petition for
24 compensation, the court shall state its finding for the
25 record. A petitioner whose petition is determined to meet the
26 criteria in paragraph (4) is entitled to compensation under
27 section 8584 (relating to compensation).
28 (6) If the petition is denied, the petitioner has the
29 right to immediately appeal.
30 (f) Granting petition.--
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 1 (1) The court shall grant the petition on the merits of
2 the claim if:
3 (i) unopposed by the prosecuting entity; and
4 (ii) the court is satisfied that the petitioner
5 meets the eligibility requirements and the individual who
6 is the subject of the petition is not ineligible based on
7 ineligibility factors of section 8582.
8 (2) If a hearing was held, the court shall state its
9 findings of the petitioner's eligibility and entitlement to
10 compensation in its order granting or denying the petition.
11 (3) In an order granting the petition, the court shall
12 also order compensation under section 8584.
13 § 8584. Compensation.
14 (a) Granting of petition.--If Commonwealth Court grants a
15 petition and enters an order in favor of the petitioner:
16 (1) The court shall order the following:
17 (i) Statutory noneconomic damages, as adjusted by
18 subsection (c), of $100,000 for each year of imprisonment
19 or involuntary treatment while awaiting a sentence of
20 death.
21 (ii) Statutory noneconomic damages, as adjusted by
22 subsection (c), of $75,000 for each year of imprisonment
23 or involuntary treatment for any other sentence.
24 (iii) Statutory noneconomic damages, as adjusted by
25 subsection (c), of $50,000 for each year spent on parole
26 or probation.
27 (2) The court may order the following if requested by
28 the petitioner:
29 (i) Reimbursement of unreimbursed costs, fines, fees
30 or surcharges imposed on the individual as a result of
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 1 the conviction which were paid by or on behalf of the
2 individual.
3 (ii) Reimbursement of unreimbursed restitution paid
4 by the individual because of the conviction.
5 (iii) Compensation for reasonable reintegrative
6 services and mental and physical health care costs
7 incurred by the individual for the period between the
8 individual's release from incarceration or involuntary
9 treatment and the date of the petitioner's award.
10 (iv) Separation services and programs available to
11 any other individual leaving incarceration.
12 (v) Reasonable attorney fees for obtaining the
13 dismissal, overturning, reversal or vacation of the
14 underlying conviction, calculated at 10% of the damage
15 awarded plus expenses. Exclusive of expenses, the fees
16 may not exceed $75,000, as adjusted annually to account
17 for inflation from the effective date of this section,
18 unless the court approves an additional amount for good
19 cause. The fees may not be deducted from the compensation
20 awarded to the claimant nor may counsel receive
21 additional fees from the client for this matter.
22 (vi) Reasonable attorney fees and expenses for
23 obtaining compensation under this section. The fees may
24 not be deducted from the compensation awarded to the
25 claimant, nor may counsel receive additional fees from
26 the client for this matter.
27 (vii) Child support payments owed by the individual
28 that became due and interest on child support arrearages
29 that accrued during the time the individual was
30 wrongfully incarcerated but were not paid. The
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 1 compensation shall be provided out of the total statutory
2 noneconomic damages awarded to the petitioner under this
3 section.
4 (b) Statutory noneconomic damages.--If statutory noneconomic
5 damages are awarded, the following shall apply:
6 (1) The payment of damages shall be prorated for partial
7 years of imprisonment.
8 (2) The payment of damages shall be to or for the
9 benefit of the individual who is the subject of the petition
10 as elected by the individual.
11 (3) For a deceased individual who was wrongfully
12 convicted, the payment of damages may be to or for the
13 benefit of the heirs of the deceased individual. Damages
14 awarded shall be distributed according to a valid will or
15 trust or, if no valid will or trust exists, to the heirs in
16 the proportion the heirs would receive the personal estate of
17 the decedent in the case of intestacy. Damages awarded may
18 not be paid to creditors of the deceased individual under the
19 laws of this Commonwealth.
20 (4) The payment of damages may be in a lump sum or as an
21 annuity as chosen by the petitioner.
22 (5) Compensation awarded under this subchapter shall not
23 be considered income for the purpose of computing the tax
24 imposed under Article III of the act of March 4, 1971 (P.L.6,
25 No.2), known as the Tax Reform Code of 1971.
26 (6) The petitioner may not receive compensation for any
27 period during which the individual was also serving a
28 sentence for another crime for which the individual was
29 lawfully incarcerated.
30 (c) Adjustment of statutory noneconomic damages.--Beginning
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 1 January 1, 2026, and each year thereafter, the Court
2 Administrator of Pennsylvania shall determine the percentage
3 increase or decrease in the cost of living for the previous
4 calendar year, based on changes in the Consumer Price Index