In March, the Pennsylvania Supreme Court ruled that the state’s mandatory life-without-parole sentence for second-degree murder is unconstitutional. The court gave the General Assembly 120 days – until July 24 – to enact a new rule. The Senate passed bipartisan legislation to fix the problem – twice.
On July 23, Senate President Pro Tempore Kim Ward (R-39), Senate Majority Leader Joe Pittman (R-41), Senate Majority Whip Wayne Langerholc, Jr. (R-35), Senate Appropriations Chair Scott Martin (R-13), and Senate Judiciary Chair Lisa Baker (R-20) issued the following statement after the House failed to protect Pennsylvania communities by refusing to allow a vote on bipartisan legislation passed twice by the Senate:
“In March, the Pennsylvania Supreme Court ruled the state’s sentencing guidelines for second-degree murder cases – life without the possibility of parole – are unconstitutional. The court gave the legislature 120 days to set new guidelines that ensure fairness, accountability and public safety. Members of our Senate Republican Caucus have worked with victim advocates, law enforcement, prosecutors and the Pennsylvania Attorney General to create new guidelines that would ensure the punishments fit the terrible nature of these crimes.
“The Senate passed legislation twice to address the issue of Second-Degree Felony Murder. On June 25 we sent Senate Bill 1400 to the House and on July 12 we sent House Bill 1042 to the House. Both bills have bipartisan support, passing our chamber by votes of 30 to 20. With the support of Pennsylvania Attorney General Dave Sunday, the FOP and the DA’s Association, there is no valid reason for House Democrats to have not allowed a vote to send HB1042 or SB1400 to the Governor’s desk.
“Today, on the 119th day, House Democrats still had the opportunity to join the Senate in keeping our communities safe. Instead of allowing a vote on either of the bipartisan bills passed by the Senate, they chose to engage in political theater and failed to produce any feasible product to protect our communities and victims’ families.
“Senate Republicans are serious about public safety and securing our communities, which is why we acted decisively and in a bipartisan way. Since the day the House announced their return to Session this week, there has been no outreach to us by the Governor or House Democrat Leadership. The lack of engagement on such a significant issue is gravely troubling and a complete failure of leadership.”
HOW DID WE GET HERE?
The court case decided by the Supreme Court of Pennsylvania (Commonwealth v. Lee) involved Derek Lee, who was convicted of second-degree murder for his role in a fatal robbery but did not personally kill the victim, leading the court to conclude that an automatic life-without-parole sentence violated constitutional protections because it did not allow consideration of individual culpability.
Because of the House’s failure, more than 1,100 violent convicted criminals across the state could soon ask judges to release them from prison.
WHAT IS SECOND-DEGREE MURDER?
In Pennsylvania, second-degree murder (also known as felony murder) involves a homicide committed when the defendant engaged as a principal or an accomplice in the perpetration of a felony. In other words, homicides committed while the defendant was also committing another crime such as rape, arson, robbery, burglary or kidnapping.
These are serious, often horrific crimes – and we cannot risk the perpetrators being released from prison by lenient judges. The rational response to the court decision is for the General Assembly to approve a new statewide standard.
THE SOLUTION
Senate Bill 1400, approved by the Senate on June 25, will maintain public safety by establishing a constitutionally sound sentencing framework that upholds accountability for serious crimes and safeguards the rights of victims and their families.
SB 1400 will give Pennsylvania a clear and workable sentencing structure for second-degree murder that complies with the court’s decision while continuing to recognize the severity of these offenses. Under the legislation, individuals convicted of second-degree murder would face a sentencing range of 35 years to life imprisonment. Courts could still impose a sentence of life without parole when specific aggravating circumstances are proven beyond a reasonable doubt.
The bill also provides sentencing flexibility in cases where a defendant’s culpability is significantly reduced, and it creates a structured parole review process for certain individuals currently serving life-without-parole sentences for second-degree murder.
The Senate also amended and approved House Bill 1042 on July 12, adding the language from SB 1400 to solve this major problem.