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.
(c) Relief.--If the court finds that the petitioner provided
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
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