HARRISBURG, Pa. (WHP) — The Pennsylvania legislature missed its deadline last week to pass sentencing reforms for second-degree murder cases, which could open the door for appeals from convicted murderers seeking new sentences.
Lawmakers had 120 days to pass new guidelines after the Pennsylvania Supreme Court ruled mandatory life in prison without the possibility of parole for second-degree murder convictions was unconstitutional.
PREVIOUS COVERAGE | PA Supreme Court rules mandatory life sentence for 2nd degree murder is unconstitutional
In response, the Senate passed Senate Bill 1400 in June, which established a 35-year minimum sentence while still maintaining the option of a life without parole sentence, depending on the circumstances.
On Thursday, one day before the deadline, the House countered that bill with amendments that would not impose a minimum or maximum sentence. It also would allow convicts to petition for medical release under the following circumstances:
They are diagnosed with a terminal illness that will reduce the individual’s life expectancyThey are diagnosed with a serious illness that results in the inability to independently perform one or more activities of daily livingThey are diagnosed with a life-threatening illness that can be more appropriately treated outside the correctional facility and for which the appropriate treatment may prevent premature deathThey are diagnosed with a serious functional or cognitive impairment, or with deteriorating physical or mental health due to the aging process, that results in the inability to independently perform one or more activities of daily living
The House revisions were criticized by Attorney General Dave Sunday, who wrote a letter recommending the passing of Senate Bill 1400 as it was previously written.
“Indeed, issues that have this much of an impact on victims of homicide and sexual assault should be carefully and thoroughly considered, not inserted into legislation at the last minute with no notice or stakeholder feedback,” Sunday wrote. “This problem is exacerbated by the extraordinarily broad and sometimes ambiguous language that is not consistent with the approach by many other states.”
Senate Republicans accused House Democrats of making a “calculated political move” by not engaging with the Senate and submitting the amended bill right before the deadline.
“The outright refusal by House Democrats to work with the Senate on the two bipartisan bills we passed, coupled with the Shapiro administration’s silence until yesterday, not only demonstrates a ‘criminal first, victim last’ mentality, but also sends a loud and clear message to victims and survivors,” Senate President Pro Tempore Kim Ward (R-39) said in a statement Friday.
Treasurer Stacy Garrity, a Republican who is running against Gov. Josh Shapiro in November’s gubernatorial race, pointed the finger at the governor for allowing the deadline to pass without a bill.
“Because of Josh Shapiro’s failure to lead, nearly 1,200 convicted murderers across Pennsylvania can begin to challenge their sentences, forcing murder victims’ families back into court to relive the unimaginable pain and force upon them the specter of confronting their loved one’s murderer again,” Garrity said in a statement.
A spokesperson for Shapiro gave Pittsburgh station KDKA the following statement:
“Today, the House took important action prior to the court-imposed deadline by passing a package to address this issue and it’s time for Senate Republicans to return to Harrisburg and bring this matter to conclusion rather than grandstand. While some have played politics and suggested 1,100 people could be immediately released from prison — that is simply not true. It’s time to end the politicization and demagoguery and instead work to provide individualized sentencing within a predictable and consistent framework.”
Speaker Joanna McClinton (D-Delaware/Philadelphia) said the House bill still protects victims and doesn’t compromise public safety.
On Thursday, Allegheny County District Attorney Stephen Zappala filed a petition with the Supreme Court requesting another 120 days for lawmakers to decide on a bill, according to KDKA.