PA Lawmakers Warn Of Deadline To Fix Second-Degree Murder Sentencing

Pennsylvania’s legal framework for second-degree murder sentences faces invalidation by Friday and a fix isn’t yet locked in, local Republican state lawmakers warned Tuesday morning.

Outside the district office of State Sen. Frank Farry in Langhorne, the Republican lawmakers urged House Democratic leaders to reconvene the chamber.

On Tuesday evening, a change was made to the House schedule calling for lawmakers to be in Harrisburg Thursday for a voting session.

Nicole Reigelman, press secretary for Speaker of the House Joanna McClinton, a Democrat from Philadelphia, confirmed the issue will be the focus on the Thursday voting session.

“Despite efforts over the last four months, disagreement remains on whether and how to address the court’s ruling in Lee and it has become clear that no legislative solution will be negotiated before the end of the 120-day period. Decisions as important as these should not be politicized,” said Reigelman.

The call for action comes after a Pennsylvania Supreme Court decision in Commonwealth v. Lee, which struck down the state’s mandatory life-without-parole sentence for second-degree murder as unconstitutional because it prevents courts from evaluating a defendant’s individual level of culpability.

The justices stayed the ruling for 120 days, which set a July 24 deadline for the General Assembly to enact a remedy.

Without legislative action by Friday, Pennsylvania’s existing sentencing framework for second-degree murder will be invalidated.

Roughly 1,100 inmates in Pennsylvania are serving mandatory life sentences for second-degree murder, including 17 convicted in Bucks County cases.

GOP lawmakers from the region warned that if the deadline passes without a new framework, courts may be forced to resentence hundreds of inmates.

The lack of a new law to tackle the issue could create widespread legal uncertainty for prosecutors, judges and defense attorneys, while subjecting victims’ families to additional court proceedings, lawmakers said.

Farry said that any law enacted after the deadline would apply only to future cases and not the 1,100 current ones.

The Pennsylvania Senate approved Senate Bill 1400 in late June with a bipartisan 30-20 vote.

The language of the Senate bill has since been amended into House Bill 1042.

Republican lawmakers stated the House could pass the measure in a single voting day.

“Public safety and justice for crime victims should never become collateral damage because of legislative inaction,” said Farry. “The Senate has done its job by passing legislation that complies with the court’s ruling while ensuring individuals convicted of second-degree murder continue to face serious consequences. The House must return to session immediately to finish the job before the deadline.”

The legislation creates a constitutional sentencing structure for second-degree murder convictions and establishes a parole review guideline for those serving mandatory life terms.

As part of the bill, a minimum sentence of 35 years would apply to nearly all second-degree murder cases, but judges would retain discretion to impose life sentences.

The bill has a provision for grading some sentences on culpability criteria.

In addition, the legislation allows the state’s parole board to consider releasing individuals convicted of second-degree murder who have served at least 35 years or are at least 70 years old.

The bill, according to Farry, gives the opportunity for each case to be looked at individually.

Gov. Josh Shapiro and lawmakers of both parties have called for compromise for weeks without reaching an agreement, according to published reports.

Spotlight PA reported this month that State Rep. Tim Briggs, a Democrat from Montgomery, viewed the Senate proposal as overly punitive.

The Public Defenders Association of Pennsylvania and the Public Defenders Association of Philadelphia have opposed the Senate bill.

The two organizations representing public defenders, according to the Pennsylvania Capital-Star, issued a statement that the Senate bill “replicates the mistakes of Pennsylvania’s current, unconstitutional sentencing scheme with high mandatory sentences that provide narrow opportunity for relief.”

Pennsylvania Attorney General Dave Sunday, a Republican, warned of public safety risks without a legislative fix.

“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.”

Bucks County District Attorney Joe Khan, a Democrat, signed onto a statement by the Pennsylvania District Attorneys Association last week supporting clear sentencing guidelines for second-degree murder and urging a legislative resolution before the deadline, according to Manuel Gamiz, communications director for the district attorney’s office.

State Rep. Joe Hogan, a Republican from Middletown Township, warned some inmates seeking resentencing could potentially become eligible for immediate release, calling that prospect “unconscionable.”

Family members of Danny DeGennaro, a Bucks County musician killed during a 2011 armed robbery in Bristol Township, attended the press conference in support of the lawmakers.

Reading a victim impact statement from DeGennaro’s sister Linda, Hogan quoted: “There is not a day that goes by that I don’t think of my brother. There will be no more holiday celebrations or family gatherings. The laughter, hugs, advice and those opportunities to say I love you are gone forever. Our family is forever broken.”

DeGennaro’s daughter, Gia DeGennaro, called on lawmakers to avoid putting families through chaotic secondary court proceedings.

“It is not fair that victims’ families who have already lost so much now face new uncertainty and are subject to a chaotic process,” she said. “I urge you to be compassionate and thoughtful in crafting new laws to ensure that victims’ families are not dragged through the criminal justice process again for offenders who are already sentenced under the previous laws prior to the Lee decision.”

State Sen. Tracy Pennycuick, a Republican representing parts of Berks and Montgomery counties, asked House Democratic lawmakers to consider the impact on families.

“There are 1,100 victims that are no longer with us today in Pennsylvania because of these murderers,” Pennycuick said. “There are countless families that have suffered, and now we’re going to ask them to suffer again and relive the trauma? … Get Senate Bill 1400 across the finish line and take care of our victims and their families.”

State Sen. Joe Picozzi, a Republican who represents part of Philadelphia, said that legislative inaction forces families to “relive some of the most difficult and most traumatizing moments in their lives without clear guidance from Harrisburg.”

State Rep. Martina White, who represents Northeast Philadelphia and is House Republican Caucus chairperson, criticized Democrats for failing to act.

“Even though Attorney General Dave Sunday has pleaded for help with this issue, his calls have gone unanswered,” White said. “My colleagues in the House have failed to pass legislation despite instructions from the Pennsylvania Supreme Court to establish a new sentencing framework before July 24.”

GOP State representatives Shelby Labs and Kristin Marcell, both of Bucks County, were also present at the press conference and met with the DeGennaro family.

Editor’s Note: This story has been updated with comment from the Speaker of the House’s office.