Deadline Approaches On Pennsylvania’s ‘Felony Murder’ Statute Decision

Pennsylvania is now less than 48 hours away from a deadline from the state’s Supreme Court to rewrite sentencing laws for second-degree murder.

In March, the state’s highest court ruled in Commonwealth v. Lee that mandatory life without parole for second-degree murder is unnecessarily cruel under the state constitution and gave lawmakers until July 24 to consider remedial measures.

In Pennsylvania, second-degree murder (often called “felony murder”) is defined as any criminal homicide committed while the defendant is engaged as a principal or an accomplice in the perpetration of a felony, such as robbery, rape, arson, burglary, or kidnapping.

“We determine that a mandatory life without parole sentence for all felony murder convictions, absent an assessment of culpability, is inconsistent with the protections bestowed upon our citizens under the “cruel punishments” clause of our Commonwealth’s organic charter,” wrote Chief Justice Debra Todd in the majority opinion. “Indeed, while we have a clear obligation to ensure that constitutional bounds are not crossed, we may not act as legislators, who are best positioned to effectuate penal reform (and) will stay our mandate for 120 days in order to provide a reasonable amount of time for the General Assembly to consider appropriate remedial measures.”

But it looks increasingly likely that the General Assembly may not agree to those measures and the missed deadline will leave individual Common Pleas judges across the state to decide on fair sentences without legislative guidance.

“Inaction is not an option, in fact it is dangerous,” Attorney General Dave 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.”

The GOP-controlled state Senate passed SB 1400 on June 25 with bipartisan support as four Democrats – Lisa Boscola (D-Lehigh/Northampton), Marty Flynn (D-Lackawanna/Luzerne), James Malone (D-Lancaster) and Nick Miller (D-Lehigh/Northampton) – joined 26 Republicans in voting for the measure. Sen. Jarrett Coleman (R-Bucks/Lehigh) was the lone GOP member to vote against SB 1400.

The legislation would implement a sentencing range of 35 years to life with the possibility of parole. It would also establish a release valve for defendants with minimal culpability, authorizing a court to sentence below the 35-year minimum, but no less than 10 years, when specific criteria are met.

In addition, the legislation would allow offenders currently serving sentences for second degree murder to become eligible for parole (1) after serving at least 35 years incarceration or (2) attaining the age of 70 and having served at least 20 years.

Since passage in the state Senate, the bill has sat in the House Judiciary Committee with no movement from the 26-member group.

The attorney general cautioned that approximately 1,100 inmates are serving life sentences after being convicted of second-degree murder. Without action from the General Assembly, judges could opt for lighter sentences, depending on the severity of the crime.

“If the House allows this deadline to pass without a legislative solution, Pennsylvania will be left without a clear sentencing framework for future felony murder convictions,” said State Rep. Martina White (R-Philadelphia), chairwoman of the Pennsylvania House Republican Caucus. “At the same time, hundreds of individuals currently serving life sentences could see resentencing, creating uncertainty for courts, prosecutors, victims and families who have already suffered unimaginable loss.”

“Well, if nothing is passed then it kind of becomes a free-for-all where you’ll have petitions filed in all the different counties in Pennsylvania,” Blair County District Attorney Pete Weeks said. “The judges will not have any specific guidance or authority to rely upon for what type of sentencing framework they should follow and you probably see a lot of sentencing disparity and by that I mean you’ll have some sentences that convert from life to people just getting out of jail and some sentences may remain close to life or life so there won’t be a lot of consistency.”

“Public safety and justice for crime victims should never become collateral damage because of legislative inaction,” state Sen. Frank Farry (R-Bucks) said. “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 state House returned to Harrisburg on Wednesday and would need to consider the bill on each of the next two days before possibly voting on the legislation Friday.