An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in post-trial matters, further providing for scope of subchapter and for eligibility for relief, providing for postconviction resentencing relief for defendant survivors of domestic violence, sexual violence or human trafficking and further providing for jurisdiction and proceedings; and, in sentencing, further providing for sentencing procedure for murder of the first degree and providing for criminal prosecutions involving defendant survivors of domestic violence, sexual violence or human trafficking.
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Progress
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- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Overview
This bill amends Pennsylvania law to provide postconviction resentencing relief for defendants who are survivors of domestic violence, sexual violence, or human trafficking. It establishes a new process for these survivors to petition for a reduced sentence, considering their victimization as a significant contributing factor to the crime. The bill also updates sentencing procedures for murder of the first degree and ensures that criminal prosecutions involving these survivors are handled with consideration for their experiences.
Key provisions
- Creates a new process for postconviction resentencing relief for survivors of domestic violence, sexual violence, or human trafficking.
- Requires a court to consider the defendant's victimization as a significant contributing factor to the crime when imposing a sentence.
- Establishes eligibility criteria for survivors, including proof of victimization.
- Specifies procedures for filing petitions and presenting evidence.
- Modifies sentencing guidelines for murder of the first degree to account for survivor status.
- Addresses time limitations for filing petitions.
- Defines key terms such as ‘Survivor’ and ‘Victimization’.
Who is affected
- Defendant survivors of domestic violence, sexual violence, or human trafficking
- Victims of domestic violence, sexual violence, or human trafficking
- Pennsylvania State Courts
Bill text
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Document of record
- Version
- Pn 1815 Html
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