THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY D. O'BRIEN, BARRAR, BOYD, D. COSTA, CUTLER, GILLESPIE, GOODMAN, HESS, HORNAMAN, METZGAR, MURT, O'NEILL, PYLE AND VULAKOVICH, JANUARY 27, 2011

REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 27, 2011  

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, further providing for

sentencing procedure for murder of the first degree.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 9711(c)(1)(v) of Title 42 of the

Pennsylvania Consolidated Statutes is amended to read:

§ 9711.  Sentencing procedure for murder of the first degree.

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(c)  Instructions to jury.--

(1)  Before the jury retires to consider the sentencing

verdict, the court shall instruct the jury on the following

matters:

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(v)  The court may, in its discretion, discharge the

jury if it is of the opinion that further deliberation

will not result in a unanimous agreement as to the

sentence[, in which case the court shall sentence the

defendant to life imprisonment]. The court shall impanel

a new jury to decide the sentence at a hearing conducted

in the same manner as provided under subsection (a). If

the court finds that further deliberation by the new jury

will not result in a unanimous agreement as to the

sentence, the court may discharge the new jury and shall

sentence the defendant to life imprisonment.

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Section 2.  This act shall take effect in 60 days.