HARRISBURG — As the Pennsylvania Legislature completes a fiscal year budget, Attorney General Dave Sunday emphasizes another looming deadline that presents an imminent threat to public safety if members of the state House of Representatives fail to act in a timely manner.
The Supreme Court of Pennsylvania earlier this year issued an opinion holding mandatory life sentences unconstitutional for those convicted of second-degree murder — commonly called felony murder.
That ruling goes into effect July 24, and while the state Senate has passed a bipartisan bill (Senate Bill 1400) that would put in place a new sentencing structure for those convicted of second degree murder going forward, as well as a thorough process for parole consideration of those previously convicted of second degree murder, the House has not yet acted.
Without legislation by July 24, there will be no sentencing parameters for those convicted of this serious and violent crime, and hundreds of inmates already serving sentences could be resentenced to new terms that prompt their immediate release.
This could happen without the input of victims — families and friends who thought they would never have to live in the same community or Commonwealth with the person who participated in the murder of their loved one.
“Inaction is not an option, in fact it is dangerous,” Attorney General Sunday said. “The Senate has already responded to the Court’s decision with a thoughtful proposal — one that my office was consulted on and that reflects sound policy. At this point, we are awaiting for the House to respond to a mandate by the Pennsylvania Supreme Court. Failing to act would leave our communities and victims without needed protections, and it is important that we move forward collaboratively to ensure a responsible solution.”
Last week, one House Democratic lawmaker, Rep. Frank Burns, introduced a co-sponsorship memo for legislation that mirrors SB1400. This demonstrates a bipartisan desire to work toward a solution following the bipartisan support of SB 1400 in the State Senate. The SB1400 framework provides an important structure that distinguishes between the most and least culpable, provides the proper input and protections for victims, ensures that courts won’t be burdened with resentencing hearings, and ultimately ensures an orderly process for those currently serving life sentences for felony murder.
“Should there not be a consensus, I urge the Governor to immediately convene talks with the four legislative caucuses, my office, the Office of Victim Advocate, and other stakeholders to find a solution to this critical public safety issue,” Attorney General Sunday continued. “It is dangerously inadequate for the House to allow the deadline to pass without a substantive and realistic proposal that includes sensible sentencing ranges with the option of a life sentence for the most serious offenders and protections for the victims of these horrible crimes.”
Criminal homicide is designated a second-degree murder when it is committed while the defendant was a principal or an accomplice in committing robbery, rape, or deviate sexual intercourse by force or threat of force, arson, burglary or kidnapping.
Approximately 1,100 Pennsylvania inmates are serving life sentences after being convicted by a jury of their peers of second-degree murder.
Previously, those convicted of second-degree murder were sentenced to mandatory life-in-prison terms. The Senate’s proposed SB1400 puts in place a new sentencing structure with a mandatory 35-year prison sentence, with appropriate offender-specific exceptions while also setting up a process through the Parole Board for those currently serving these sentences that includes a robust process for victim participation.
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