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PRINTER'S NO. 440
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 458
Session of
2025
INTRODUCED BY HILL-EVANS, GIRAL, PROBST, HADDOCK, DELLOSO,
CIRESI, KINKEAD, HANBIDGE, HOWARD, CEPEDA-FREYTIZ, SANCHEZ,
HOHENSTEIN, D. WILLIAMS, O'MARA, GREEN AND DALEY,
FEBRUARY 3, 2025
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 3, 2025
AN ACT
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.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 9543(a)(2) of Title 42 of the
Pennsylvania Consolidated Statutes is amended by adding a
subparagraph to read:
§ 9543. Eligibility for relief.
(a) General rule.--To be eligible for relief under this
subchapter, the petitioner must plead and prove by a
preponderance of the evidence all of the following:
* * *
(2) That the conviction or sentence resulted from one or
more of the following:
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* * *
(ix) Failure to consider evidence that the
petitioner has a service-connected mental health
disability as defined in section 9543.2(g) (relating to
postconviction review for veterans with service-connected
mental health disability).
* * *
Section 2. Title 42 is amended by adding a section to read:
§ 9543.2. Postconviction review for veterans with service-
connected mental health disability.
(a) Motion.--
(1) An individual convicted of a criminal offense in a
court of this Commonwealth and serving a term of imprisonment
or awaiting execution because of a sentence of death may
submit a written motion to the sentencing court for the
performance or review of a mental health evaluation to
determine whether the individual has a service-connected
mental health disability.
(2) The applicant shall ensure that all necessary forms
authorizing the release of medical records have been
completed as of the date of the motion.
(b) Notice to the Commonwealth.--Upon receipt of a motion
under subsection (a), the court shall notify the Commonwealth
and shall afford the Commonwealth an opportunity to respond to
the motion.
(c) Requirements.--In a motion under subsection (a), the
applicant shall:
(1) In a capital case, assert that the outcome of the
mental health evaluation will establish a mitigating
circumstance under section 9711(e)(7.1) (relating to
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sentencing procedure for murder of the first degree).
(2) Present a prima facie case demonstrating that a
mental health evaluation would establish that the applicant's
service-connected mental health disability was a contributing
factor in the applicant's conviction for the underlying
offense.
(d) Order.--
(1) Except as provided in paragraph (2), the sentencing
court shall order the performance or review of the mental
health evaluation requested in a motion under subsection (a)
upon a determination, after review of the record of the
applicant's trial, that the:
(i) requirements of subsection (c) have been met;
(ii) applicant is a veteran who served in the United
States Armed Forces in a combat zone or other similar
hazardous duty area; and
(iii) motion is not made to delay the execution of
sentence or administration of justice.
(2) The court shall not order the performance or review
of the mental health evaluation requested in a motion under
subsection (a) if, after review of the record of the
applicant's trial, the court determines that there is no
reasonable possibility that the evaluation would produce
evidence that the individual has a service-connected mental
health disability that may be a contributing factor in the
applicant's conviction for the underlying offense.
(3) Upon issuance of an order under paragraph (1), the
president judge of the court of common pleas having
jurisdiction shall assign the motion for postconviction
relief for review to:
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(i) a veterans court; or
(ii) a judge trained to review matters pertaining to
veterans.
(4) If the court orders the performance or review of the
mental health evaluation requested in a motion under
subsection (a), the Department of Military and Veterans
Affairs may work with the United States Department of
Veterans Affairs to ensure that the applicant has the
opportunity to have a complete mental health evaluation
performed or reviewed by a health care practitioner with
expertise in service-connected mental health disabilities.
(e) Mental health evaluation procedures.--
(1) After the mental health evaluation conducted or
reviewed under this section has been completed, the applicant
may, in accordance with section 9545(b)(2) (relating to
jurisdiction and proceedings), during a 60-day period
beginning on the date on which the applicant is notified of
the evaluation results, petition to the court under
subsection (d)(3) for postconviction relief in accordance
with section 9543(a)(2)(ix) (relating to eligibility for
relief).
(2) Upon receipt of a petition filed under paragraph
(1), the court shall consider the petition along with any
answer filed by the Commonwealth and conduct a hearing.
(3) In a hearing on a petition for postconviction relief
filed under paragraph (1), the court shall determine whether
any evidence resulting from the mental health evaluation
conducted or reviewed under this section would have
reasonably altered the outcome of the trial or sentence.
(4) If the mental health evaluation indicates that the
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petitioner has a service-connected mental health disability,
the Commonwealth and the court shall take the steps
reasonably necessary to ensure that the Department of
Corrections is informed of the petitioner's disability status
and ensure that the petitioner receives all the protections
afforded to people with disabilities under 42 U.S.C. Ch. 126
(relating to equal opportunity for individuals with
disabilities).
(f) Effect of motion.--The filing of a motion for a mental
health evaluation in accordance with subsection (a) shall have
the following effect:
(1) The filing of the motion shall constitute the
applicant's consent to undergo a mental health evaluation.
(2) The data from an evaluation obtained as a result of
the motion may not be entered into law enforcement databases,
may not be used in the investigation of other crimes and may
not be used as evidence against the applicant in any manner.
(g) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Applicant." An individual who submits a written motion to a
sentencing court for the performance or review of a mental
health evaluation to determine whether the individual has a
service-connected mental health disability under subsection (a)
(1).
"Service-connected mental health disability." A mental
health disorder incurred in the course of and as a result of
active duty or training for active duty in the United States
Armed Forces.
Section 3. Section 9545(b)(1) of Title 42 is amended to
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read:
§ 9545. Jurisdiction and proceedings.
* * *
(b) Time for filing petition.--
(1) Any petition under this subchapter, including a
second or subsequent petition, shall be filed within one year
of the date the judgment becomes final, unless the petition
alleges and the petitioner proves that:
(i) the failure to raise the claim previously was
the result of interference by government officials with
the presentation of the claim in violation of the
Constitution or laws of this Commonwealth or the
Constitution or laws of the United States;
(ii) the facts upon which the claim is predicated
were unknown to the petitioner and could not have been
ascertained by the exercise of due diligence; [or]
(iii) the right asserted is a constitutional right
that was recognized by the Supreme Court of the United
States or the Supreme Court of Pennsylvania after the
time period provided in this section and has been held by
that court to apply retroactively[.]; or
(iv) the petitioner's diagnosis of a service-
connected mental health disability, as defined in section
9543.2(g) (relating to postconviction review for veterans
with service-connected mental health disability), was not
considered by the court during the proceedings that
resulted in the petitioner's conviction and sentencing.
* * *
Section 4. Section 9711(e) of Title 42 is amended by adding
a paragraph to read:
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§ 9711. Sentencing procedure for murder of the first degree.
* * *
(e) Mitigating circumstances.--Mitigating circumstances
shall include the following:
* * *
(7.1) The defendant has undergone a mental health
evaluation and has been found to have a service-connected
mental health disability as defined in section 9543.2(g)
(relating to postconviction review for veterans with service-
connected mental health disability).
* * *
Section 5. The Supreme Court shall have the power to adopt
rules as deemed necessary to carry out the amendment or addition
of 42 Pa.C.S. §§ 9543(a)(2)(ix), 9543.2, 9545(b)(1) and 9711(e)
(7.1).
Section 6. This act shall take effect in 60 days.
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