THE DANGER
More than 1,150 people convicted of second-degree murder in Pennsylvania could be released if the General Assembly doesn’t take action by July 24. This can’t be allowed to happen!
HOW DID WE GET HERE?
In March, the Pennsylvania Supreme Court ruled (Commonwealth v. Lee) that the state’s mandatory life-without-parole sentence for second-degree murder is unconstitutional. The court gave the General Assembly until July 24 to enact a new rule – if that doesn’t happen, violent convicted criminals across the state will ask judges to release them from prison.
The case 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.
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.
WHAT HAPPENS NOW?
The Senate has acted – it’s time for the House of Representatives to do its job! If the House doesn’t take up Senate Bill 1400 before the July 24 deadline, they’re putting us all at risk.