PRINTER'S NO. 2421
No. 1959 Session of 1977
INTRODUCED BY GAMBLE, MRKONIC, DUFFY, VALICENTI, TRELLO, LOGUE, ABRAHAM, MISCEVICH, NOVAK, GILLETTE, KERNICK AND COWELL, DECEMBER 7, 1977
REFERRED TO COMMITTEE ON JUDICIARY, DECEMBER 7, 1977
AN ACT 1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania 2 Consolidated Statutes, further providing for sentencing for 3 first degree murder. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Subsections (c) and (d) of section 1311 of Title 7 18 (Crimes and Offenses), act of November 25, 1970 (P.L.707, 8 No.230), known as the Pennsylvania Consolidated Statutes, are 9 amended to read: 10 § 1311. Sentencing for murder. 11 * * * 12 (c) Procedure at sentencing hearing.--After such verdict is 13 recorded and before the jury is permitted to separate, the court 14 shall proceed to receive such additional evidence not previously 15 received from the trial as may be relevant and admissible upon 16 the question of aggravating and mitigating circumstances and 17 shall permit such argument by counsel, and deliver such charge 18 thereon as may be just and proper in the circumstances.
1 Aggravating circumstances must be proved beyond a reasonable 2 doubt. [Mitigating circumstances must be proved by a 3 preponderance of the evidence.] The jury shall then retire and 4 consider the aggravating and mitigating circumstances and render 5 such verdict respecting them as they shall agree upon. A failure 6 of the jury to agree upon the aggravating and mitigating 7 circumstances shall not be held to impeach or in any way affect 8 the validity of the verdict already recorded, and whenever the 9 court shall be of the opinion that further deliberation by the 10 jury will not result in an agreement upon the aggravating and 11 mitigating circumstances, it may, in its discretion, discharge 12 the jury from further consideration thereof, in which event if 13 no retrial is directed, the court shall sentence the defendant 14 to life imprisonment upon the verdict theretofore rendered by 15 the jury and recorded as aforesaid and the jury shall be so 16 informed prior to their deliberations. The court shall impose 17 the sentence so fixed as in other cases. 18 (d) Aggravating and mitigating circumstances.--If a murder 19 of the first degree is accompanied by at least one of the 20 following aggravating circumstances and [none of the following 21 mitigating circumstances] there is a finding that no mitigating 22 circumstance sufficiently substantial to call for leniency 23 exists, the person convicted shall be sentenced to death. If a 24 murder of the first degree is not accompanied by any of the 25 following aggravating circumstances or [is accompanied by at 26 least one of the following mitigating circumstances] there is a 27 finding of a mitigating circumstance sufficiently substantial to 28 call for leniency, the person convicted shall be sentenced to 29 life imprisonment: 30 (1) Aggravating circumstances.-- 19770H1959B2421 - 2 -
1 (i) The victim was a fireman, peace officer or 2 public servant concerned in official detention as defined 3 in section 5121 [of this title] (relating to escape), who 4 was killed in the performance of his duties. 5 (ii) The defendant paid or was paid by another 6 person or had contracted to pay or be paid by another 7 person or had conspired to pay or be paid by another 8 person for the killing of the victim. 9 (iii) The victim was being held by the defendant for 10 ransom or reward, or as a shield or hostage. 11 (iv) The death of the victim occurred while 12 defendant was engaged in the hijacking of an aircraft. 13 (v) The victim was a witness to a murder or other 14 felony committed by the defendant and was killed for the 15 purpose of preventing his testimony against the defendant 16 in any grand jury or criminal proceeding involving such 17 offenses. 18 (vi) The defendant committed a killing while in the 19 perpetration of a felony. 20 (vii) In the commission of the offense the defendant 21 knowingly created a grave risk of death to another person 22 in addition to the victim of the offense. 23 (viii) The offense was committed by means of 24 torture. 25 (ix) The defendant has been convicted of another 26 Federal or State offense, committed either before or at 27 the time of the offense at issue, for which a sentence of 28 life imprisonment or death was imposable or the defendant 29 was undergoing a sentence of life imprisonment for any 30 reason at the time of the commission of the offense. 19770H1959B2421 - 3 -
1 (2) Mitigating circumstances.-- 2 (i) The age, lack of maturity, or youth of the 3 defendant at the time of the killing. 4 (ii) The victim was a participant in or consented to 5 the defendant's conduct as set forth in section 1311(d) 6 [of this title] or was a participant in or consented to 7 the killing. 8 (iii) The defendant was under duress although not 9 such duress as to constitute a defense to prosecution 10 under section 309 [of this title] (relating to duress). 11 (iv) Any other circumstance relating to the 12 character and record of the defendant sufficiently 13 substantial to call for leniency. 14 * * * 15 Section 2. This act shall take effect in 60 days and shall 16 apply to offenses committed thereafter. L6L21CVV/19770H1959B2421 - 4 -