Senate Bill 1323 Printer's Number 1887

PENNSYLVANIA, September 7 - five years after the person is convicted of the crime with the

evidence required under section 9552 (relating to eligibility

for relief).

(b) Crimes of violence.--Notwithstanding any other provision

of law, a plea of guilty or nolo contendere to a crime of

violence, as defined in section 9714(g) (relating to sentences

for second and subsequent offenses), or an inculpatory statement

by the petitioner concerning the crime for which the petitioner

was convicted, shall not prohibit the petitioner from seeking

relief under this subchapter.

the evidence required under section 9552, the court may take any

of the following actions:

(1) Resentence the petitioner.

(2) Impose a sentence that is more lenient than

specified in the sentencing guidelines adopted by the

Pennsylvania Commission on Sentencing.

(3) Impose a s entence that does not include additional

incarceration.

Section 2. Title 42 is amended by adding a section to read:

§ 9730.4. Criminal prosecutions involving domestic violence

survivors.

Notwithstanding any other provision of law and except as

provided under subsection (b), in any criminal prosecution of an

offense committed by a domestic violence survivor, a court shall

take into account the domestic violence survivor's history of

domestic violence victimization at the time of the offense and

how much the domestic violence victimization affected the

participation in the offense. If the court finds that the

domestic violence survivor's participation in the offense was

20220SB1323PN1887 - 3 -