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Bill > HB231


PA HB231

PA HB231
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.


summary

Introduced
03/10/2023
In Committee
07/07/2023
Crossed Over
Passed
Dead
12/31/2024

Introduced Session

2023-2024 Regular Session

Bill Summary

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.

AI Summary

This bill amends Pennsylvania's Judiciary and Judicial Procedure statutes to provide additional postconviction relief options for veterans with service-connected mental health disabilities. The key provisions include: 1. Allowing veterans to submit a motion for a mental health evaluation to determine if they have a service-connected mental health disability that was a contributing factor in their conviction. If granted, the veteran can then petition for postconviction relief based on this new evidence. 2. Expanding the eligibility criteria for postconviction relief to include a failure to consider evidence that the petitioner has a service-connected mental health disability. 3. Allowing veterans to file a petition for postconviction relief based on evidence of a service-connected mental health disability that was not previously considered, even if the petition would otherwise be time-barred. 4. Establishing that a finding of a service-connected mental health disability can be considered a mitigating circumstance in sentencing for first-degree murder. The bill also grants the state Supreme Court the authority to adopt rules to implement these new provisions.

Committee Categories

Justice, Military Affairs and Security

Sponsors (14)

Last Action

Re-referred to VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS (on 07/07/2023)

Taxonomy

Defense
  • ‐ Veterans Affairs
Law, Crime, and Family Issues
  • ‐ Criminal and Juvenile Delinquent Prosecution, Procedure, and Sentencing

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