AG urges House to act on second-degree murder sentence guidelines
Pennsylvania Attorney General Dave Sunday is urging the state House of Representatives to pass sentencing and parole rules for people convicted of second-degree murder before a court decision which eliminates life in prison sentences goes into effect next week.
A Pennsylvania Supreme Court ruling that says mandatory life sentences are unconstitutional for people convicted of second-degree murder, also known as felony murder, goes into effect July 24.
Legislation established a new sentencing structure for those convicted of second-degree murder, and a parole process has passed the Senate. A cosponsorship memo for legislation mirroring the Senate bill was introduced in the House of Representatives, according to Sunday.
“Inaction is not an option, in fact it is dangerous,” 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.”
Without legislation by July 24, there will be no sentencing parameters for people 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, he said.
“This could happen without the input of victims — families and friends who thought they would never have to live in the same community or state with the person who participated in the murder of their loved one,” Sunday said.
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.
About 1,100 Pennsylvania inmates are serving life sentences after being convicted by a jury of second-degree murder, Sunday said.
Previously, those convicted of second-degree murder were sentenced to mandatory life-in-prison terms. The Senate’s proposal, Senate Bill 1400, creates 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.
If a consensus isn’t reached in the legislature, Sunday said he will urge Gov. Josh Shapiro to convene talks with all four legislative caucuses, the Victim Advocate Office, his office and other stakeholders to find a resolution.
Following the Supreme Court’s ruling in March, Butler County court officials said they are not aware of any county cases involving life sentences for people convicted of second-degree murder.
In an April interview, Butler County District Attorney Richard Goldinger said he understands the reasoning behind the ruling, but doesn’t agree with banning life sentences in second-degree murder cases, which had been established in law for many years.
“Nothing else has changed. In that sense, I don’t agree. This is the way things have been forever. It’s not cruel and unusual. It wasn’t before, so why is it now?” Goldinger said.
Butler County Chief Public Defender Charles Nedz said he believes a life without parole sentence for second-degree murder is “a little bit extreme.”
As an example, he said it would be extreme for someone charged with burglary to get a life sentence if the victim dies of a heart attack during the burglary.
