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https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=S&SPick=20150&cosponId=18309
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Senate of Pennsylvania
Session of 2015 - 2016 Regular Session

MEMORANDUM

Posted: May 8, 2015 03:12 PM
From: Senator Ryan P. Aument
To: All Senate members
Subject: Crimes Package Legislation
 
In a direct blow to public safety, recent rulings by the Pennsylvania Superior Court have struck down mandatory minimum sentences for some of the most horrible and violent criminals in Pennsylvania. In doing so, not only is Pennsylvania now less safe than before, they have also eliminated an important instrument for prosecutors that is helpful in sparing child victims of sexual assault the anguish of a trial.

To address this issue, fight for those child victims, support public safety, and return a very important prosecutorial tool to our district attorneys, I will be introducing two bills to reinstate mandatory minimum sentences for two violent and heinous crimes: home burglaries and the molestation of children. My proposals will amend the Title 18 and Title 42 of the Pennsylvania Consolidated Statutes to remedy the constitutional issues raised by the Pennsylvania Superior Court and U.S. Supreme Court.

In the 2013 U.S. Supreme Court’s decision in Alleyne v. United States, the court found that any fact which enhances a sentence must be found by a jury. This led to PA decisions in which portions of Pennsylvania’s mandatory minimum sentencing statutes that allowed judges to increase a sentence were declared unconstitutional. While this ruling ultimately effected many drug conviction sentences that many might agree were not as effective as anticipated, it also led to the elimination of strong mandatory sentences for sexual assault and other violent offenses.

Unfortunately, Lancaster County has seen a frightening increase in the number of home burglaries which have led to further violent crimes being committed during the home invasion. One of the worst and most recent took place in December of 2014. In that case, a school teacher, who was doing nothing but sleeping in her home, was beaten, sexually assaulted and then brutally murdered as part of an intentional home invasion in the middle of the night. A mandatory minimum sentence for a crime that, at the very least, violates the sanctity of someone's home is warranted and necessary. Our homes are our castles, and we need to make sure that the punishment matches the severity of the crime of home burglary.

Then, in December of 2014, a three-judge panel of the Pennsylvania Superior Court ruled in Commonwealth v. Wolfe that, under the Supreme Court’s decision in Alleyne and their own opinion in Commonwealth v. Newman, that the sentencing outline under Pa.C.S.A. Section 9718 is unconstitutional and not severable. Because of this ruling, the long standing and well-established mandatory sentences for almost all child molesters have been eliminated and many of those already sentenced are attempting to have their sentences reduced.

While the Alleyne ruling is more understandable, its application by the PA Superior Court is misplaced. In fact, the Wolfe ruling has ignited harsh criticism that the Superior Court overstepped in its decision to vacate a mandatory minimum sentence. In that case, Commonwealth v. Wolfe, the defense of Matthew Bryan Wolfe argued his sentence of 10-20 years for an involuntary deviate sexual intercourse with a child conviction violated the equal protection and due process clauses of the 14th Amendment and the cruel and unusual punishment clause of the 8th Amendment.

Peculiarly, the court did not address those arguments in its decision but rather, cited the Alleyne and Newman cases. Because the issue was never raised by the defense, prosecutors were never given the opportunity to present arguments on the constitutionality of the statute and the judge who gave the sentence was never allowed to explain or defend his sentence.

However, the PA Superior Court did note that any fix must take place in the legislature and I am here today to offer that solution.

My legislation intends to reinstate mandatory minimum sentences specifically for child molestation and create one for house burglaries. Please join me in sponsoring these proposals to ensure violent criminals and child molesters continue to receive the harsh sentences they deserve.

If you have any questions regarding this legislation, please contact Stephanie Buchanan at 717-787-4420 or sbuchanan@pasen.gov.



Document #1

Introduced as SB943

Description: My first proposal will enact mandatory minimum sentences for home burglaries.  This legislation would create a mandatory minimum sentence of five years for the first offense and ten years for subsequent offenses.
 

Document #2

Introduced as SB944

Description: My second proposal will reinstate mandatory minimum sentences for child molesters.  The sentences vary depending on the offense and the age of the victim.