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PRINTER'S NO. 1815
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1379
Session of
2026
INTRODUCED BY CAPPELLETTI, HUGHES, HAYWOOD, FONTANA, COSTA,
VOGEL, SCHWANK, SAVAL, KANE AND L. WILLIAMS, JUNE 15, 2026
REFERRED TO JUDICIARY, JUNE 15, 2026
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.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 9542 of Title 42 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 9542. Scope of subchapter.
This subchapter provides for an action by which persons
convicted of crimes they did not commit and persons serving
illegal sentences may obtain collateral relief. This subchapter
also provides for an action by which certain survivors of
domestic violence, sexual violence or human trafficking may
obtain postconviction resentencing relief. The action
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established in this subchapter shall be the sole means of
obtaining collateral relief and encompasses all other common law
and statutory remedies for the same purpose that exist when this
subchapter takes effect, including habeas corpus and coram
nobis. This subchapter is not intended to limit the availability
of remedies in the trial court or on direct appeal from the
judgment of sentence, to provide a means for raising issues
waived in prior proceedings or to provide relief from collateral
consequences of a criminal conviction. Except as specifically
provided otherwise, all provisions of this subchapter shall
apply to capital and noncapital cases.
Section 2. Section 9543(a)(2) of Title 42 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:
* * *
(ix) In the case of a petition under section 9543.2
(relating to postconviction resentencing relief for
defendant survivors of domestic violence, sexual violence
or human trafficking) , the petitioner's victimization was
a significant contributing factor to the petitioner's
criminal conduct.
* * *
Section 3. Title 42 is amended by adding a section to read:
§ 9543.2. Postconviction resentencing relief for defendant
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survivors of domestic violence, sexual violence or
human trafficking.
(a) Petition.--A petitioner convicted of a criminal offense
in a court of this Commonwealth who is serving a term of
imprisonment or awaiting execution because of a sentence of
death may petition the sentencing court for postconviction
resentencing relief under this section if the petitioner proves
all of the following:
(1) The petitioner was a survivor of domestic violence,
sexual violence or human trafficking.
(2) The petitioner's victimization was a significant
contributing factor to the petitioner's criminal conduct.
(b) Filing.--A petition under this section shall be filed in
the court of common pleas in which the petitioner was convicted.
(c) Contents of petition.--A petition under this section
shall include all of the following:
(1) The grounds for relief.
(2) A statement of the facts supporting the grounds for
relief.
(3) Documentation showing that the petitioner is either:
(i) currently serving a sentence of imprisonment; or
(ii) awaiting execution of a sentence of death.
(4) Evidence supporting the petitioner's claim that the
petitioner was a survivor of domestic violence, sexual
violence or human trafficking.
(5) Evidence demonstrating that the petitioner's
victimization was a significant contributing factor to the
petitioner's criminal conduct.
(6) In a capital case, an averment that the petitioner's
status as a survivor under this section establishes a
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mitigating circumstance.
(d) Corroborating evidence.--
(1) The petitioner shall provide at least one piece of
evidence corroborating that the petitioner was a survivor at
the time of the offense. A criminal conviction of a
perpetrator shall not be required to establish survivor
status.
(2) At least one piece of corroborating evidence under
paragraph (1) shall consist of any of the following:
(i) A court record.
(ii) A presentence report.
(iii) A social services record.
(iv) A hospital or medical record.
(v) A sworn statement from a witness other than the
petitioner.
(vi) A law enforcement record.
(vii) A domestic incident report.
(viii) A protective order.
(3) Additional corroborating evidence may include any of
the following:
(i) A county jail record or a Department of
Corrections record.
(ii) Verification of consultation with a licensed
medical or mental health provider.
(iii) Documentation from a court employee acting
within the scope of employment.
(iv) Documentation from a member of the clergy.
(v) Documentation from an attorney or social worker.
(vi) Documentation from a victim advocate or
counselor.
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(vii) Documentation from an agency that assists
victims of abuse.
(viii) Expert testimony from a psychiatrist,
psychologist or other mental health professional,
including testimony regarding trauma, coercive control or
post-traumatic stress disorder.
(e) Notice to Commonwealth.--Upon receipt of a petition
under subsection (a), the court shall notify the attorney for
the Commonwealth and shall afford the attorney for the
Commonwealth an opportunity to respond.
(f) Hearing.--
(1) After the filing of a petition under this section,
the court shall review the petition, any answer filed by the
attorney for the Commonwealth and the record in the matter.
The court shall conduct a hearing if the petition complies
with subsections (c) and (d). If the court finds that the
petition does not comply with subsections (c) and (d), the
court shall notify the petitioner and deny the petition
without prejudice.
(2) If the judge who imposed the original sentence is no
longer serving on the court, the petition shall be assigned
in accordance with rules of court.
(3) The court shall provide notice of the hearing to the
petitioner, the attorney for the Commonwealth and any victim
entitled to notice under law. The notice shall specify the
date, time and place of the hearing.
(4) At the hearing, the court shall have the following
duties:
(i) Receive testimony from witnesses presented by
either party.
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(ii) Receive victim testimony, if applicable.
(iii) Admit and consider other relevant evidence,
including documentary evidence and expert testimony,
necessary to determine whether the petitioner was a
survivor of domestic violence, sexual violence or human
trafficking and whether the petitioner's victimization
was a significant contributing factor to the petitioner's
criminal conduct.
(5) In determining whether the petitioner's
victimization was a significant contributing factor to the
petitioner's criminal conduct, the court may consider expert
testimony and evidence of trauma, coercive control or post-
traumatic stress disorder.
(6) The court may determine that the petitioner's
victimization was a significant contributing factor to the
petitioner's criminal conduct regardless of whether the
petitioner raised an affirmative defense at trial or at the
time of the offense.
(g) Burden of proof.--The petitioner has the burden of
proving by a preponderance of the evidence that the petitioner
qualifies for relief under this section.
(h) Nonwaiver.--The right of a petitioner to seek relief
under this section may not be waived. A waiver of the right to
seek relief under this section, including a waiver in a plea
agreement, sentencing agreement or other agreement, shall be
void and unenforceable.
(i) Findings and statement of reasons.--
(1) If the court denies relief under this section, the
court shall make findings of fact and conclusions of law on
the record and state in open court the reasons for the
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denial. The statement must include the court's determination
regarding the petitioner's eligibility under this section.
(2) If the court grants relief under this section, the
court shall make findings of fact and conclusions of law on
the record and state in open court the reasons for the
sentence imposed. The statement must include the court's
determination regarding the petitioner's eligibility under
this section and the extent to which the petitioner's
victimization was a significant contributing factor to the
petitioner's criminal conduct .
(j) Resentencing order.--If the court finds that the
petitioner has established eligibility for relief under this
section, the court may vacate the original sentence and
resentence the petitioner in accordance with subsection (k) or
impose any of the following:
(1) A sentence below the minimum sentence specified in
the sentencing guidelines adopted by the Pennsylvania
Commission on Sentencing.
(2) A sentence that does not include incarceration.
(k) Sentencing limitations.--
(1) If the court grants relief under this section, the
court may not impose a sentence greater than any of the
following:
(i) If the original sentence was life imprisonment
without parole, a term of not more than 25 years.
(ii) If the original sentence was life imprisonment
with parole, a term of not more than 20 years.
(iii) If the original sentence was 30 years or more,
a term of not more than 15 years.
(iv) If the original sentence was 20 years or more,
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a term of not more than 10 years.
(v) If the original sentence was 15 years or more, a
term of not more than seven and one-half years.
(vi) If the original sentence was eight years or
more, a term of not more than four years.
(vii) If the original sentence was at least five
years but less than eight years, a term of not more than
two and one-half years.
(viii) If the original sentence was less than five
years, a term of not more than 50% of the original
sentence imposed.
(2) Sentencing guidelines adopted by the Pennsylvania
Commission on Sentencing may not supersede the sentencing
limitations under paragraph (1).
(l) Credit for time served.--A person who is resentenced
under this section shall be given credit for time served toward
the sentence originally imposed. A person whose time served
exceeds the period of incarceration required by the reduced
sentence shall be released.
(m) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Survivor." A defendant who was a victim of domestic
violence, sexual violence or human trafficking and was subjected
to significant physical, sexual or psychological abuse.
"Victimization." Domestic violence, sexual violence or human
trafficking experienced by a survivor at the time of the
offense.
Section 4. Sections 9545(b) and 9711(e) of Title 42 are
amended by adding paragraphs to read:
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§ 9545. Jurisdiction and proceedings.
* * *
(b) Time for filing petition.--
* * *
(2.1) A petition under section 9543.2 (relating to
p ostconviction resentencing relief for defendant survivors of
domestic violence, sexual violence or human trafficking)
shall not be subject to the time limitation under paragraph
(1).
* * *
§ 9711. Sentencing procedure for murder of the first degree.
* * *
(e) Mitigating circumstances.--Mitigating circumstances
shall include the following:
* * *
(7.1) The defendant was a survivor as defined in section
9730.4(f) (relating to criminal prosecutions involving
defendant survivors of domestic violence, sexual violence or
human trafficking) .
* * *
Section 5. Title 42 is amended by adding a section to read:
§ 9730.4. Criminal prosecutions involving defendant survivors
of domestic violence, sexual violence or human
trafficking.
(a) Consideration by court.--In imposing a sentence for an
offense committed by a defendant who is a survivor, the court
shall consider evidence that the defendant was a survivor of
domestic violence, sexual violence or human trafficking and that
the defendant's victimization was a significant contributing
factor to the defendant's criminal conduct.
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(b) Mitigating factor.--If the court finds that the
defendant's victimization was a significant contributing factor
to the defendant's criminal conduct, the court shall consider
that finding as a mitigating factor in determining the
appropriate sentence and may impose any of the following:
(1) A sentence below the minimum sentence specified in
the sentencing guidelines adopted by the Pennsylvania
Commission on Sentencing.
(2) A sentence that does not include incarceration.
(c) Limitation.--
(1) The court may not impose a sentence under this
section greater than any of the following:
(i) If the maximum sentence is life imprisonment
without parole, a term of not more than 25 years.
(ii) If the maximum sentence is life imprisonment
with parole, a term of not more than 20 years.
(iii) If the maximum sentence is 30 years or more, a
term of not more than 15 years.
(iv) If the maximum sentence is 20 years or more, a
term of not more than 10 years.
(v) If the maximum sentence is 15 years or more, a
term of not more than seven and one-half years.
(vi) If the maximum sentence is eight years or more,
a term of not more than four years.
(vii) If the maximum sentence is at least five years
but less than eight years, a term of not more than two
and one-half years.
(viii) If the maximum sentence is less than five
years, a term of not more than 50% of the original
sentence imposed.
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(2) Sentencing guidelines adopted by the Pennsylvania
Commission on Sentencing may not supersede the sentencing
limitations under paragraph (1).
(d) Credit for time served.--A person who is sentenced under
this section shall be given credit for time served as provided
under section 9760 (relating to credit for time served).
(e) Nonwaiver.--The right of a defendant to present evidence
and request consideration under this section may not be waived.
A waiver of the right to present evidence or request
consideration under this section, including a waiver in a plea
agreement, sentencing agreement or other agreement, shall be
void and unenforceable.
(f) 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:
"Survivor." A defendant who, at the time of the offense, was
a victim of domestic violence, sexual violence or human
trafficking and was subjected to significant physical, sexual or
psychological abuse.
"Victimization." Domestic violence, sexual violence or human
trafficking experienced by a survivor at the time of the
offense.
Section 6. This act shall take effect in 60 days.
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