Bill > HB458

This bill aims to provide additional legal protections and postconviction review opportunities for veterans with service-connected mental health disabilities. The legislation allows veterans who are currently serving prison sentences or facing capital punishment to submit a motion to their sentencing court requesting a mental health evaluation to determine if their service-connected mental health disability contributed to their original conviction. If the court finds merit in the motion, it will order a mental health evaluation, which can be conducted in collaboration with veterans' health services. The bill expands eligibility for postconviction relief by adding service-connected mental health disability as a potential grounds for review, and it requires that any mental health evaluation data remain confidential and not be used in law enforcement databases or against the applicant. Additionally, the legislation defines "service-connected mental health disability" as a mental health disorder incurred during active military duty and adds such a diagnosis as a potential mitigating circumstance in first-degree murder sentencing. The bill also extends the typical one-year time limit for filing postconviction petitions when a service-connected mental health disability was not originally considered during sentencing. The goal is to provide a more comprehensive and compassionate legal approach that recognizes the potential impact of military-related mental health challenges on criminal proceedings.

Budget and Finance, Justice

https://www.legis.state.pa.us/cfdocs/billinfo/bill_history.cfm?syear=2025&sind=0&body=H&type=B&bn=458