Home Table of Contents

§ 299. Board of pardons (Adm. Code § 909)

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 71 P.S. State GovernmentEffective: July 1, 2013

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 71 P.S. State Government
Part I. The Administrative Codes and Related Provisions
Chapter 2. The Administrative Code of 1929 (Refs & Annos)
Article IX. Powers and Duties of the Department of Justice and Its Departmental Administrative Boards
Effective: July 1, 2013
71 P.S. § 299
§ 299. Board of pardons (Adm. Code § 909)
(a) The Board of Pardons shall have the power to hear applications for the remission of fines and forfeitures, and the granting of reprieves, commutations of sentence, and pardons, except in cases of impeachment, and to make recommendations in writing to the Governor thereon, in the manner provided in and under and subject to Article IV, Section 9, of the Constitution of this Commonwealth.
(b) Hearings relating to the granting of reprieves, commutations of sentences and pardons for prisoners serving life sentences or sentences for crimes of violence may only be granted upon approval by a vote of a majority of the members of the Board of Pardons.
(c) The Board of Pardons shall adopt rules and regulations governing its actions and no hearings or recommendations shall be contrary thereto. In cases involving applicants under sentence of death, the application shall be filed within ten days of the Governor's issuance of a warrant specifying a week for execution.
(d) The Board of Pardons shall provide notice to victims as defined under section 479.1 registered with the Department of Corrections, the Pennsylvania Board of Probation and Parole or the Board of Pardons of the opportunity to offer prior comment on any application which has been granted a hearing by the board pertaining to their case. A victim's prior comment may be oral or written and shall be considered by the board as to the advisability of any pardon or related release and any conditions of release. The board shall provide notice to victims of the date, time and place of any hearing pertaining to their case.
(e) Where the Board of Pardons chooses to hear the application of an inmate serving a life sentence or a sentence of death or an inmate serving a sentence for murder of the third degree, voluntary manslaughter, attempt to commit murder of the third degree or attempt to commit voluntary manslaughter, each member of the Board of Pardons shall interview the inmate.
(f), (g) Repealed by 2012, July 5, P.L. 1050, No. 122, § 17(2)(i), effective July 1, 2013.
(h) As used in this section, the term “crime of violence” means:
(1) Murder of the third degree, voluntary manslaughter, rape, sexual assault, involuntary deviate sexual intercourse, aggravated assault as defined in 18 Pa.C.S. § 2702(a)(1) (relating to aggravated assault), robbery as defined in 18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to robbery) or kidnapping.
(2) An attempt to commit voluntary manslaughter, rape, sexual assault, involuntary deviate sexual intercourse, aggravated assault as defined in 18 Pa.C.S. § 2702(a)(1), robbery as defined in 18 Pa.C.S. § 3701 (a)(1)(i), (ii) or (iii) or kidnapping.
(3) An offense committed while in visible possession of a firearm for which sentencing was imposed under 42 Pa.C.S. § 9712 (relating to sentences for offenses committed with firearms).

Credits

1929, April 9, P.L. 177, art. IX, § 909. Amended 1957, July 19, P.L. 1016, § 1. Affected 1968, July 31, P.L. 769, No. 240, art. VI, § 609(8). Amended 1995, June 1, P.L. 1017, No. 15 (Spec. Sess. No. 1), § 2 effective in 60 days. Affected 2012, July 5, P.L. 1050, No. 122, § 17(2)(i), effective July 1, 2013.
HISTORICAL AND STATUTORY NOTES
Prior Laws:
1923, June 7, P.L. 498, No. 274, art. IX, § 909.
71 P.S. § 299, PA ST 71 P.S. § 299
Current through 2019 Regular Session Act 75. Some statute sections may be more current, see credits for details.
End of Document© 2019 Thomson Reuters. No claim to original U.S. Government Works.