In less than 48 hours, there will be a deadline in Pennsylvania for the state Supreme Court to change its second-degree murder sentencing laws.
In March, he issued the state’s highest judgment Commonwealth v Lee that a mandatory life sentence without the possibility of parole for second-degree murder is unnecessarily cruel under the state constitution and gave lawmakers until July 24 to consider remedies.
in Pennsylvania second degree murder (often called “felony murder”) is defined as any criminal offense committed when the defendant is involved as a principal perpetrator or accomplice in the commission of a crime such as robbery, rape, arson, burglary or kidnapping.
“We determine that mandatory life imprisonment without parole for all murder convictions, without an assessment of guilt, is inconsistent with the protection afforded to our citizens in accordance with the ‘cruel punishments’ clause of the Organic Statute of our Commonwealth of Nations,” he wrote Chief Justice Debra Todd according to the majority. “Indeed, while we have a clear obligation to ensure that constitutional boundaries are not exceeded, we cannot act as lawmakers who are best placed to pursue criminal justice reform (and) abstain from our mandate for 120 days to allow the General Assembly a reasonable amount of time to consider appropriate remedies.”
But it seems increasingly likely that the General Assembly may not agree to these measures, and that missing the deadline would leave individual judges in a joint statewide motion to decide on fair sentences without legislative guidance.
“Inaction is not an option, it is even dangerous.” Attorney General Dave Sunday he said. “The Senate has already responded to the Court’s decision with a thoughtful proposal – one on which my office was consulted and that reflects sound policy. At this time, we wait for the House to respond to the Pennsylvania Supreme Court’s mandate. Failure to act would leave our communities and victims without the protections they need, so it is important that we move forward together to ensure a responsible resolution.”
The GOP-controlled state Senate passed SB1400 On June 25, with bipartisan support from four Democrats – Lisa Boscola (D-Lehigh/Northampton), Marty Flynn (D-Lackawanna/Luzerna), James Malone (D-Lancaster) i Nick Miller (D-Lehigh/Northampton) – Joined 26 Republicans in voting for this measure. Senator Jarrett Coleman (R-Bucks/Lehigh) was the only GOP member to vote against SB 1400.
The legislation would create a sentence of 35 years to life in prison with the possibility of parole. It would also establish a release valve for minimally culpable defendants, allowing the court to impose a sentence below the minimum limit of 35 years, but no less than 10 years, if certain criteria are met.
Additionally, the legislation would allow offenders currently serving sentences for second-degree murder to be eligible for parole (1) after serving at least 35 years in prison or (2) reaching age 70 and serving at least 20 years.
Since passing in the state Senate, the bill has moved to the House Judiciary Committee with no movement from the 26-member group.
The attorney general warned that about 1,100 prisoners are serving life sentences after being convicted of second-degree murder. Without action by the General Assembly, judges could have opted for more indulgent sentences, depending on the seriousness of the crime.
“If the House allows this deadline to expire without a legislative solution, Pennsylvania will be left without a clear sentencing framework for future murder convictions,” the state said Representative Martina White (Philadelphia), chairwoman of the Republican caucus in the Pennsylvania House of Representatives. “At the same time, hundreds of people currently serving life sentences may have felt offended, creating uncertainty for courts, prosecutors, victims and families who have already suffered unimaginable loss.”
“Well, if nothing passes, this will become sort of a blanket system where petitions will be filed in all Pennsylvania counties,” says the Blair County District Attorney. Pete weeks he said. “Judges won’t have any specific guidance or authority to rely on as to what kind of sentencing framework they should apply, and you’re likely to see a lot of variation in sentences, and by that I mean some sentences will convert from life to people just coming out of prison, and some sentences may stay close to life or life imprisonment, so there won’t be a lot of consistency.”
“Public safety and justice for crime victims should never become collateral damage due to legislative inaction,” it states Senator Frank Farry (R-Bucks) said. “The Senate has done its job by passing legislation consistent with the court’s ruling while ensuring that those convicted of second-degree murder continue to face serious consequences. The House must return to session immediately to complete its work by the deadline.”
The state House returned to Harrisburg on Wednesday and will have to consider the bill for two consecutive days before possibly voting on the bill on Friday.
