READING, Pa. – The District Attorney says time is running out for state lawmakers to make a major decision that deals with both life and death.
“This is an important piece of legislation that needs to be enacted,” says District Attorney John Adams.
The state supreme court’s 120 stay on a sentencing determination for second-degree murder cases ends Friday.
Senate Bill 1400, which would replace the mandatory life-without-parole sentence for second-degree murder with a 35-year mandatory minimum, preserves a life sentence in the most aggravated cases and sets a parole eligibility framework for those already sentenced.
That bill currently sits in the House, but what happens if it doesn’t pass by Friday?
“We’re then left with no sentencing scheme for second-degree murder,” Adams said.
The DA says second-degree murder is a murder committed while committing a felony, such as rape, robbery, or burglary. He says if lawmakers don’t act, it could impact 2 dozen cases in Berks County.
“When and if the legislature would not act as to where that would put these twenty-four defendants is really unknown,” Adams said.
“The courts need some guidance, and the guidance needs to be provided by the legislature,” he added.
The DA shared that the proposed legislation looks to measure culpability on a case-by-case basis.
“The House, by not acting on the Senate bill that was passed, has put us in quite frankly a very difficult position, and we don’t want that difficult position to continue,” says Adams.