Pennsylvania Senate Bill SB791

Pennsylvania 2023-2024 Regular Session

• Introduced: 6/14/23
• Refer: 6/14/23

Caption

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.

Impact

The bill modifies existing laws by clearly delineating the state's liability in wrongful conviction cases and expanding the exceptions to sovereign immunity. By allowing individuals to file civil actions against the Commonwealth for wrongful convictions, SB791 aligns with a growing movement across the country recognizing the rights of wrongfully convicted individuals to seek restitution. The statutory damages outlined in the bill provide a tangible way for the state to acknowledge the injustices faced by these individuals while also laying down a structured framework for compensation calculations based on the duration of wrongful imprisonment.

Summary

Senate Bill 791 seeks to amend the Pennsylvania Consolidated Statutes concerning wrongful convictions by establishing a framework for compensation and support for individuals wrongfully convicted of crimes. This aspect is crucial as it specifically lays out compensation protocols for those wrongfully incarcerated, ensuring that claims can be pursued without the barriers often presented by sovereign immunity. Furthermore, it provides the necessary administrative structure to facilitate services for those exonerated, addressing their reintegration into society post-release.

Sentiment

Overall, the sentiment around SB791 appears to be positive, particularly among advocates for criminal justice reform and those dedicated to righting historical wrongs within the legal system. There is recognition of the need for a robust support system for the wrongfully convicted, and this bill is viewed as a step toward achieving justice. However, there may be some concerns from government officials regarding the financial implications of these changes, specifically around the potential increase in claims against the state.

Contention

Notable points of contention include how the bill delineates accountability and compensation. Opponents might argue about the financial burden this places on the state and concerns over claims that could be perceived as frivolous. There may also be debates regarding the criteria for compensation and whether they are stringent enough to prevent exploitation of the system, particularly in cases where individuals have contributed in some way to their convictions. The challenge will be to establish a fair process that adequately compensates the innocent while protecting state resources.