PRIOR PRINTER'S NO. 1282 PRINTER'S NO. 3381
No. 1122 Session of 1989
INTRODUCED BY McVERRY, CALTAGIRONE, CESSAR, BURD, S. H. SMITH, ARGALL, HERSHEY, PISTELLA, COLAIZZO, TRELLO, COY, TIGUE, REBER, FAIRCHILD, MARSICO, ROBINSON, DURHAM, GLADECK, PETRARCA, OLASZ, RAYMOND, GIGLIOTTI, SAURMAN, GODSHALL, SCHEETZ, CIVERA, TANGRETTI, B. D. CLARK, VEON, WOGAN, CORNELL, CLYMER, JOHNSON, FARMER, J. TAYLOR, G. SNYDER, GRUPPO, WOZNIAK, MRKONIC, HASAY, BELFANTI, BLAUM, LANGTRY, SERAFINI, FLICK, CORRIGAN, NOYE, MICHLOVIC, JAMES, BELARDI AND FOX, APRIL 11, 1989
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, APRIL 18, 1990
AN ACT 1 Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and 2 Judicial Procedure) of the Pennsylvania Consolidated 3 Statutes, further providing for an offense against children. <-- 4 and sentencing for the offense. <-- 5 The General Assembly of the Commonwealth of Pennsylvania 6 hereby enacts as follows: 7 Section 1. Sections 1102 and 2501(b) of Title 18 of the 8 Pennsylvania Consolidated Statutes are amended to read: 9 § 1102. Sentence for murder and murder by child abuse. 10 (a) Murder of the first degree.--A person who has been 11 convicted of a murder of the first degree shall be sentenced to 12 death or to a term of life imprisonment in accordance with 13 section 1311(d) [of this title] (relating to sentencing 14 procedure for murder of the first degree). 15 (b) Murder of the second degree.--A person who has been
1 convicted of murder of the second degree shall be sentenced to a 2 term of life imprisonment. 3 (c) Murder by child abuse.--A person who has been convicted 4 of murder by child abuse who knowingly caused the death of the 5 child shall be sentenced to a term of life imprisonment. A 6 person who has been convicted of murder by child abuse who 7 recklessly caused the death of the child shall be sentenced in 8 accordance with the sentencing provisions for a felony of the 9 first degree under section 1103(1) (relating to sentence of 10 imprisonment for felony). 11 § 2501. Criminal homicide. 12 * * * 13 (b) Classification.--Criminal homicide shall be classified 14 as murder, voluntary manslaughter, [or] involuntary manslaughter 15 or murder by child abuse. 16 Section 2. Title 18 is amended by adding a section to read: 17 § 2506 2507. Murder by child abuse. <-- 18 A person commits murder by child abuse if: 19 (1) he knowingly or recklessly causes the death of a 20 child: 21 (i) by BURNING, SUFFOCATION, DROWNING OR OTHER <-- 22 physical assault, suffocation or drowning; or <-- 23 (ii) if the person is the parent or caregiver, by 24 depriving the child of necessary food, clothing, 25 reasonable medical care or shelter, or by placing the 26 child in or failing to remove the child from a situation 27 that may endanger the child's life or health; 28 (2) the person is 21 years of age or older, or is the 29 parent of the child, or IS 16 YEARS OF AGE OR OLDER AND is <-- 30 the caregiver of the child at the time of death; and 19890H1122B3381 - 2 -
1 (3) the child is under 12 years of age. 2 Section 3. Section 9718 of Title 42 is amended to read: <-- 3 § 9718. Sentences for offenses against infant persons. 4 (a) Mandatory sentence.--A person convicted of the following 5 offenses when the victim is under 16 years of age shall be 6 sentenced to a mandatory term of imprisonment as follows: 7 18 Pa.C.S. § 2506 (relating to murder by child abuse) 8 when the child's death was caused recklessly - not less than 9 five years. 10 18 Pa.C.S. § 2702(a)(1) and (4) (relating to aggravated 11 assault) - not less than two years. 12 18 Pa.C.S. § 3121 (relating to rape) - not less than five 13 years. 14 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual 15 intercourse) - not less than five years. 16 (b) Eligibility for parole.--Parole shall not be granted 17 until the minimum term of imprisonment has been served. 18 Section 4 3. This act shall take effect in 60 days. <-- D4L18DGS/19890H1122B3381 - 3 -