PRINTER'S NO. 2751
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1934
Session of
2017
INTRODUCED BY FLYNN, BAKER, MILLARD, FARRY, D. COSTA AND WATSON,
NOVEMBER 27, 2017
REFERRED TO COMMITTEE ON JUDICIARY, NOVEMBER 27, 2017
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in sentencing, 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) of Title 42 of the
Pennsylvania Consolidated Statutes is amended to read:
ยง 9711. Sentencing procedure for murder of the first degree.
* * *
(c) Instructions to jury.--
(1) Before the jury retires to consider the sentencing
verdict, the court shall instruct the jury on the following
matters:
(i) The aggravating circumstances specified in
subsection (d) as to which there is some evidence.
(ii) The mitigating circumstances specified in
subsection (e) as to which there is some evidence.
(iii) Aggravating circumstances must be proved by
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the Commonwealth beyond a reasonable doubt; mitigating
circumstances must be proved by the defendant by a
preponderance of the evidence.
(iv) [The] Except as provided under subparagraph
(vi), the verdict must be a sentence of death if the jury
unanimously finds at least one aggravating circumstance
specified in subsection (d) and no mitigating
circumstance or if the jury unanimously finds one or more
aggravating circumstances which outweigh any mitigating
circumstances. The verdict must be a sentence of life
imprisonment in all other cases.
(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 or an agreement as provided under subparagraph
(vi), in which case the court shall sentence the
defendant to life imprisonment.
(vi) The verdict must be a sentence of death if no
less than 11 jurors find the aggravating circumstance
specified under subsection (d)(1) and no mitigating
circumstance.
* * *
Section 2. This act shall take effect in 60 days.
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