HARRISBURG, P.A. (KYW Newsradio) — Pennsylvania’s politically divided General Assembly is unlikely to meet Friday’s state Supreme Court deadline for a legislative fix on sentencing for second-degree murder.
In March, the Pennsylvania Supreme Court ruled that mandatory life in prison for second-degree murder was unconstitutional and gave the legislature 120 days to come up with a fix.
Republicans favored a Senate bill that passed last month, but House Democrats say the 35-year minimum in the bill is too punitive, noting some convicted of second-degree murder were part of the underlying crime, like armed robbery, but didn’t actively participate in the homicide.
Instead, House Democrats passed their own bill along party lines that would have the nonpartisan sentencing commission come up with a plan.
“This has the support of the governor. This, with one vote in the Senate, can go immediately into law and deal with those very concerns that other advocates have discussed,” said House Majority Leader Matt Bradford, a Democrat from Montgomery County.
House Minority Leader, Republican Jesse Topper, said the Democrats’ bill doesn’t have Republican support and won’t get through the GOP-majority Senate.
“And lobbing bills back and forth has not really shown to be an effective way to reach a conclusion on these kinds of issues,” said Topper.
House Judiciary Committee Chairman Tim Briggs said the commission is made up of data-minded professionals who take everything into account.
“And come up with what is appropriate with the consideration of public safety, with the consideration of the actual conduct of the offense,” he said.
But Northeast Philly Republican Martina White said even if she agreed with that plan, the House version addresses unrelated issues like medical release for all inmates with undefined broad terms that could trigger the release of violent offenders.
“What does expanding medical release have to do with establishing a constitutional sentencing framework for felony murder?” said White. “The answer is simple: Nothing.”
The bill passed the House 102-100 with one Republican joining all Democrats in voting in favor. It has to pass the Senate, but that’s unlikely with a four-seat Republican majority.
The state Supreme Court ruled sentencing unconstitutional and gave 120 days for a fix
The state Supreme Court ruled sentencing unconstitutional and gave 120 days for a fix
