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Senate Bill 385 Printer's Number 329

PENNSYLVANIA, February 21 - 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, 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 related to the domestic violence abuse

endured by the survivor before or until the time of the offense,

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