HB 458 — 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.

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
 1   Amending Title 42 (Judiciary and Judicial Procedure) of the
 2      Pennsylvania Consolidated Statutes, in post-trial matters,
 3      further providing for eligibility for relief, providing for
 4      postconviction review for veterans with service-connected
 5      mental health disability and further providing for
 6      jurisdiction and proceedings; and, in sentencing, further
 7      providing for sentencing procedure for murder of the first
 8      degree.
 9      The General Assembly of the Commonwealth of Pennsylvania
10   hereby enacts as follows:
11      Section 1.      Section 9543(a)(2) of Title 42 of the
12   Pennsylvania Consolidated Statutes is amended by adding a
13   subparagraph to read:
14   § 9543.    Eligibility for relief.
15      (a)    General rule.--To be eligible for relief under this
16   subchapter, the petitioner must plead and prove by a
17   preponderance of the evidence all of the following:
18             * * *
19             (2)   That the conviction or sentence resulted from one or
20      more of the following:
 1                  * * *
 2                  (ix)    Failure to consider evidence that the
 3            petitioner has a service-connected mental health
 4            disability as defined in section 9543.2(g) (relating to
 5            postconviction review for veterans with service-connected
 6            mental health disability).
 7            * * *
 8      Section 2.      Title 42 is amended by adding a section to read:
 9   § 9543.2.      Postconviction review for veterans with service-
10                  connected mental health disability.
11      (a)   Motion.--
12            (1)    An individual convicted of a criminal offense in a
13      court of this Commonwealth and serving a term of imprisonment
14      or awaiting execution because of a sentence of death may
15      submit a written motion to the sentencing court for the
16      performance or review of a mental health evaluation to
17      determine whether the individual has a service-connected
18      mental health disability.
19            (2)    The applicant shall ensure that all necessary forms
20      authorizing the release of medical records have been
21      completed as of the date of the motion.
22      (b)   Notice to the Commonwealth.--Upon receipt of a motion
23   under subsection (a), the court shall notify the Commonwealth
24   and shall afford the Commonwealth an opportunity to respond to
25   the motion.
26      (c)   Requirements.--In a motion under subsection (a), the
27   applicant shall:
28            (1)    In a capital case, assert that the outcome of the
29      mental health evaluation will establish a mitigating
30      circumstance under section 9711(e)(7.1) (relating to

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 1    sentencing procedure for murder of the first degree).
 2          (2)   Present a prima facie case demonstrating that a
 3    mental health evaluation would establish that the applicant's
 4    service-connected mental health disability was a contributing
 5    factor in the applicant's conviction for the underlying
 6    offense.
 7    (d)   Order.--
 8          (1)   Except as provided in paragraph (2), the sentencing
 9    court shall order the performance or review of the mental
10    health evaluation requested in a motion under subsection (a)
11    upon a determination, after review of the record of the
12    applicant's trial, that the:
13                (i)    requirements of subsection (c) have been met;
14                (ii)    applicant is a veteran who served in the United
15          States Armed Forces in a combat zone or other similar
16          hazardous duty area; and
17                (iii)    motion is not made to delay the execution of
18          sentence or administration of justice.
19          (2)   The court shall not order the performance or review
20    of the mental health evaluation requested in a motion under
21    subsection (a) if, after review of the record of the
22    applicant's trial, the court determines that there is no
23    reasonable possibility that the evaluation would produce
24    evidence that the individual has a service-connected mental
25    health disability that may be a contributing factor in the
26    applicant's conviction for the underlying offense.
27          (3)   Upon issuance of an order under paragraph (1), the
28    president judge of the court of common pleas having
29    jurisdiction shall assign the motion for postconviction
30    relief for review to:

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 1                (i)    a veterans court; or
 2                (ii)    a judge trained to review matters pertaining to
 3          veterans.
 4          (4)   If the court orders the performance or review of the
 5    mental health evaluation requested in a motion under
 6    subsection (a), the Department of Military and Veterans
 7    Affairs may work with the United States Department of
 8    Veterans Affairs to ensure that the applicant has the
 9    opportunity to have a complete mental health evaluation
10    performed or reviewed by a health care practitioner with
11    expertise in service-connected mental health disabilities.
12    (e)   Mental health evaluation procedures.--
13          (1)   After the mental health evaluation conducted or
14    reviewed under this section has been completed, the applicant
15    may, in accordance with section 9545(b)(2) (relating to
16    jurisdiction and proceedings), during a 60-day period
17    beginning on the date on which the applicant is notified of
18    the evaluation results, petition to the court under
19    subsection (d)(3) for postconviction relief in accordance
20    with section 9543(a)(2)(ix) (relating to eligibility for
21    relief).
22          (2)   Upon receipt of a petition filed under paragraph
23    (1), the court shall consider the petition along with any
24    answer filed by the Commonwealth and conduct a hearing.
25          (3)   In a hearing on a petition for postconviction relief
26    filed under paragraph (1), the court shall determine whether
27    any evidence resulting from the mental health evaluation
28    conducted or reviewed under this section would have
29    reasonably altered the outcome of the trial or sentence.
30          (4)   If the mental health evaluation indicates that the

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 1      petitioner has a service-connected mental health disability,
 2      the Commonwealth and the court shall take the steps
 3      reasonably necessary to ensure that the Department of
 4      Corrections is informed of the petitioner's disability status
 5      and ensure that the petitioner receives all the protections
 6      afforded to people with disabilities under 42 U.S.C. Ch. 126
 7      (relating to equal opportunity for individuals with
 8      disabilities).
 9      (f)   Effect of motion.--The filing of a motion for a mental
10   health evaluation in accordance with subsection (a) shall have
11   the following effect:
12            (1)   The filing of the motion shall constitute the
13      applicant's consent to undergo a mental health evaluation.
14            (2)   The data from an evaluation obtained as a result of
15      the motion may not be entered into law enforcement databases,
16      may not be used in the investigation of other crimes and may
17      not be used as evidence against the applicant in any manner.
18      (g)   Definitions.--As used in this section, the following
19   words and phrases shall have the meanings given to them in this
20   subsection unless the context clearly indicates otherwise:
21      "Applicant."    An individual who submits a written motion to a
22   sentencing court for the performance or review of a mental
23   health evaluation to determine whether the individual has a
24   service-connected mental health disability under subsection (a)
25   (1).
26      "Service-connected mental health disability."     A mental
27   health disorder incurred in the course of and as a result of
28   active duty or training for active duty in the United States
29   Armed Forces.
30      Section 3.     Section 9545(b)(1) of Title 42 is amended to

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 1   read:
 2   § 9545.    Jurisdiction and proceedings.
 3      * * *
 4      (b)    Time for filing petition.--
 5             (1)   Any petition under this subchapter, including a
 6      second or subsequent petition, shall be filed within one year
 7      of the date the judgment becomes final, unless the petition
 8      alleges and the petitioner proves that:
 9                   (i)    the failure to raise the claim previously was
10             the result of interference by government officials with
11             the presentation of the claim in violation of the
12             Constitution or laws of this Commonwealth or the
13             Constitution or laws of the United States;
14                   (ii)    the facts upon which the claim is predicated
15             were unknown to the petitioner and could not have been
16             ascertained by the exercise of due diligence; [or]
17                   (iii)    the right asserted is a constitutional right
18             that was recognized by the Supreme Court of the United
19             States or the Supreme Court of Pennsylvania after the
20             time period provided in this section and has been held by
21             that court to apply retroactively[.]; or
22                   (iv)    the petitioner's diagnosis of a service-
23             connected mental health disability, as defined in section
24             9543.2(g) (relating to postconviction review for veterans
25             with service-connected mental health disability), was not
26             considered by the court during the proceedings that
27             resulted in the petitioner's conviction and sentencing.
28             * * *
29      Section 4.         Section 9711(e) of Title 42 is amended by adding
30   a paragraph to read:

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 1   § 9711.    Sentencing procedure for murder of the first degree.
 2      * * *
 3      (e)    Mitigating circumstances.--Mitigating circumstances
 4   shall include the following:
 5             * * *
 6             (7.1)   The defendant has undergone a mental health
 7      evaluation and has been found to have a service-connected
 8      mental health disability as defined in section 9543.2(g)
 9      (relating to postconviction review for veterans with service-
10      connected mental health disability).
11             * * *
12      Section 5.     The Supreme Court shall have the power to adopt
13   rules as deemed necessary to carry out the amendment or addition
14   of 42 Pa.C.S. §§ 9543(a)(2)(ix), 9543.2, 9545(b)(1) and 9711(e)
15   (7.1).
16      Section 6.     This act shall take effect in 60 days.




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