PA Second-Degree Murder Guidelines Stall As Deadline Hits

Pennsylvania lawmakers appear set to miss a deadline imposed by the state Supreme Court to establish new sentencing guidelines for second-degree murder.

The lack of a concurrence between Democrats and Republicans could to throw uncertainty into the state’s justice system.

The deadline stems from the state Supreme Court’s ruling earlier this year in Commonwealth v. Lee, which struck down Pennsylvania’s mandatory life-without-parole sentence for second-degree murder as unconstitutional because it prevents judges from evaluating a defendant’s individual culpability.

Justices stayed the ruling for 120 days, setting a Friday deadline for the General Assembly to enact a legislative remedy.

Without a new law in place by Friday, the state’s existing sentencing structure for second-degree murder will be invalidated.

After being called back for a voting session Thursday, the Democratic-led House voted 102-100 to pass a framework backed by Democrats.

Under the Democratic-backed House legislation, individuals convicted of second-degree murder would be allowed to seek parole after serving 30 years, while leaving decisions on new sentencing guidelines to the nonpartisan Pennsylvania Commission on Sentencing.

House and state Senate Republicans have backed Senate Bill 1400, which would allow a person convicted of second-degree murder to seek parole after 35 years behind bars.

The Philadelphia Inquirer reported that House Republicans criticized Democrats for failing to bring the Senate-approved measure to a vote on Thursday.

Speaker of the House Joanna McClinton, a Democrat from Philadelphia, defended the House measure, calling it “comprehensive legislation grounded in justice and accountability.”

“The bipartisan legislation passed today fulfills the court’s directive by ensuring that individuals are held accountable in a manner that reflects their level of responsibility for a crime,” McClinton said.

The House-approved bill appears poised to die in the Senate.

House Minority Leader Jesse Topper, a Republican from Bedford and Fulton counties, called the process flawed and said additional stakeholders, including the state attorney general, should have been included in negotiations.

“This is not a bill that is becoming law,” Topper said. “This will not be accepted in the Senate.”

In a letter sent to House members Thursday, Attorney General Dave Sunday, a Republican, asked lawmakers to reject the Democratic proposal.

“I ask that you oppose the legislation because in its current form it contains felony-murder penalties that are grossly inadequate; it would allow convicted murderers to forum shop for early release; and its unrelated provisions pertaining to medical release would let first-degree murderers and sex offenders qualify for early release based on conditions that are broad and vague and ultimately wholly inappropriate,” Sunday wrote.

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

Lawmakers warned that failing to pass a new law could trigger confusion for prosecutors, judges, and defense attorneys, while forcing victims’ families to endure additional court proceedings.

GOP lawmakers gathered Tuesday morning in Langhorne to warn that passing the deadline without a new framework could force courts to resentence hundreds of inmates.

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

“Pennsylvanians deserved a solution that met the court’s directive without compromising public safety or victims’ rights,” said State Rep. Kristin Marcell, a Republican from Wrightstown Township. “Instead, the House Democrats passed legislation that Pennsylvania’s chief law enforcement officer warned would weaken accountability for violent offenders and create additional uncertainty.”

State Sen. Frank Farry, a Republican from Langhorne Borough, said that any legislation enacted after the deadline would apply only to future cases and not to the 1,100 currently serving sentences.

The uncertainty has drawn concern from law enforcement officials and victims’ families.

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, said Manuel Gamiz, the district attorney’s communications director.

At Tuesday’s press conference, lawmakers were joined by relatives of Danny DeGennaro, a Bucks County musician killed during a 2011 armed robbery in Bristol Township.

His daughter, Gia DeGennaro, asked lawmakers to protect families from 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.”

Public defender organizations, including the Public Defenders Association of Pennsylvania and the Public Defenders Association of Philadelphia, have voiced opposition to the Senate bill.

With a legislative compromise unlikely, Allegheny County District Attorney Stephen Zappala filed a petition late Thursday asking the state Supreme Court for a 120-day extension to give lawmakers more time to construct sentencing guidelines.

“Since the Court’s decision, the General Assembly and the Governor have been working to fashion a new sentencing scheme that will comply with this Honorable Court’s decision,” the petition states. “Unfortunately, the General Assembly is still working to find a suitable compromise to resolve the issue.”