Bill Text: PA HB2256 | 2011-2012 | Regular Session | Introduced

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Bill Title: In sentencing, providing for race in sentencing in capital cases.

Spectrum: Strong Partisan Bill (Democrat 28-2)

Status: (Introduced - Dead) 2012-03-16 - Referred to JUDICIARY [HB2256 Detail]

Download: Pennsylvania-2011-HB2256-Introduced.html

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PRINTER'S NO. 3228
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2256 Session of2012
INTRODUCED BY WATERS, MATZIE, BRADFORD, BROWNLEE, CALTAGIRONE, D. COSTA, FABRIZIO, FRANKEL, GIBBONS, KIRKLAND, MAHONEY, PARKER, PAYTON, PRESTON, WHEATLEY AND YOUNGBLOOD, MARCH 16, 2012
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 16, 2012
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in sentencing, providing
for race in sentencing in capital cases.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Chapter 97 of Title 42 of the Pennsylvania
Consolidated Statutes is amended by adding a subchapter to read:
SUBCHAPTER I
RACE IN SENTENCING
IN CAPITAL CASES
Sec.
9799.11. Prohibition.
9799.12. Proof of racial discrimination.
9799.13. Hearing procedure.
§ 9799.11. Prohibition.
No person shall be sentenced to death or shall be executed
under any judgment sought or obtained on the basis of race.
§ 9799.12. Proof of racial discrimination.
(a) Finding.--A finding that race was the basis of the
decision to seek or impose a death sentence may be established
if the court finds race was a significant factor in decisions to
seek or impose the sentence of death in the county, the
prosecutorial district or this Commonwealth at the time the
death sentence was sought or imposed.
(b) Evidence.--Evidence relevant to establish a finding that
race was a significant factor in the decision to seek or impose
the sentence of death in this Commonwealth at the time the death
sentence was sought or imposed may include statistical evidence
or other evidence, including, but not limited to, sworn
testimony of attorneys, prosecutors, law enforcement officers,
jurors or other members of the criminal justice system or both.
Regardless of these factors, one or more of the following
applies:
(1) Death sentences were sought or imposed significantly
more frequently upon persons of one race than upon persons of
another race.
(2) Death sentences were sought or imposed significantly
more frequently as punishment for capital offenses against
persons of one race than as punishment for capital offenses
against persons of another race.
(3) Race was a significant factor in decisions to
exercise peremptory challenges during jury selection.
A juror's testimony under this subsection shall be consistent
with Rule 606(b) of the Pennsylvania Rules of Evidence.
(c) Burden of proof.--The defendant has the burden of
proving race was a significant factor in a decision to seek or
impose the sentence of death at the time the death sentence was
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sought or imposed. The Commonwealth may offer evidence in
rebuttal of the claims or evidence of the defendant. The
Commonwealth may rebut a statistical showing of Statewide racial
disparities by introducing statistical evidence or other
evidence demonstrating racial discrimination did not occur at
the time the death penalty was sought or imposed. The court may
consider evidence of a program implemented prior to the
defendant's trial for the purpose of eliminating racial
disparities in its evaluation of whether the Commonwealth has
adequately addressed those disparities.
§ 9799.13. Hearing procedure.
(a) Duties of defendant.--The defendant shall state with
particularity how evidence supports a claim race was a
significant factor in a decision to seek or impose the sentence
of death in this Commonwealth at large at the time the death
sentence was sought or imposed. The claim shall be raised by the
defendant at the pretrial conference or in postconviction
proceedings.
(b) Scheduling.--The court shall schedule a hearing on the
claim and shall prescribe a time for the submission of evidence
by both parties.
(c) Finding.--If the court finds that race was a significant
factor in decisions to seek or impose the sentence of death in
this Commonwealth at the time the death sentence was sought or
imposed, it shall order that a death sentence shall not be
sought or that the death sentence imposed by the judgment shall
be vacated and the defendant resentenced to life imprisonment
without the possibility of parole.
(d) Motion by defendant.--Notwithstanding a time limitation
contained in Chapter 95 (relating to post-trial matters), a
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defendant may seek relief from the defendant's death sentence
upon the ground that racial considerations played a significant
part in the decision to seek or impose a death sentence by
filing a motion seeking relief. The motion shall be filed within
one year of the effective date of this subchapter.
(e) Procedures and hearing.--Except as specifically stated
in this section, the procedures and hearing on the motion
seeking relief from a death sentence upon the ground that race
was a significant factor in the decision to seek or impose the
sentence of death in this Commonwealth at the time the death
sentence was sought or imposed shall follow and comply with
Chapter 95.
Section 2. This act shall take effect in 60 days.
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