PRIOR PRINTER'S NOS. 1513, 1578, 1632, PRINTER'S NO. 2034
1698
No. 1233 Session of 1977
Report of the Committee of Conference
To the Members of the Senate and House of Representatives:
We, the undersigned, Committee of Conference on the part of
the Senate and House of Representatives for the purpose of
considering Senate Bill No. 1233, entitled:
"An act amending Title 18 (Crimes and Offenses) of the
Pennsylvania Consolidated Statutes, further providing for
circumstances to be considered in determining the sentence for
murder and further providing for review of death sentence.
FURTHER PROVIDING FOR THE IMPOSITION OF SENTENCES FOR MURDER."
respectfully submit the following bill as our report:
MICHAEL A. O'PAKE
EUGENE F. SCANLON
GEORGE W. GEKAS
(Committee on the part of the Senate.)
JOSEPH TED DOYLE
RALPH D. PRATT
D. MICHAEL FISHER
(Committee on the part of the House of Representatives.)
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for the imposition
3 of sentences for murder.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 1311 of Title 18, act of November 25,
7 1970 (P.L.707, No.230), known as the Pennsylvania Consolidated
8 Statutes, is amended to read:
9 [§ 1311. Sentencing for murder.
10 (a) Findings by jury.--The jury before whom any person shall
11 be tried for murder, shall, if they find such person guilty
12 thereof, ascertain in their verdict whether the person is guilty
13 of murder of the first degree, murder of the second degree or
14 murder of the third degree.
15 (b) Instructions to jury and recording verdict.--In a trial
16 for murder, the court shall inform the jury prior to their
17 deliberations, as to the penalties for murder of the first
18 degree, murder of the second degree and murder of the third
19 degree. The court shall also inform the jury that if they find
20 the defendant guilty of murder of the first degree, it will be
21 their further duty to determine whether the killing was
22 accompanied by any aggravating or mitigating circumstances as
23 set forth in subsection (d) of this section after hearing such
24 additional evidence as may be submitted upon that question.
25 Whenever the jury shall agree upon a verdict of murder of the
26 first degree they shall immediately return and render the same,
27 which shall be recorded, and shall not thereafter be subject to
28 reconsideration by the jury, or any member thereof.
1 (c) Procedure at sentencing hearing.--After such verdict is
2 recorded and before the jury is permitted to separate, the court
3 shall proceed to receive such additional evidence not previously
4 received from the trial as may be relevant and admissible upon
5 the question of aggravating and mitigating circumstances and
6 shall permit such argument by counsel, and deliver such charge
7 thereon as may be just and proper in the circumstances.
8 Aggravating circumstances must be proved beyond a reasonable
9 doubt. Mitigating circumstances must be proved by a
10 preponderance of the evidence. The jury shall then retire and
11 consider the aggravating and mitigating circumstances and render
12 such verdict respecting them as they shall agree upon. A failure
13 of the jury to agree upon the aggravating and mitigating
14 circumstances shall not be held to impeach or in any way affect
15 the validity of the verdict already recorded, and whenever the
16 court shall be of the opinion that further deliberation by the
17 jury will not result in an agreement upon the aggravating and
18 mitigating circumstances, it may, in its discretion, discharge
19 the jury from further consideration thereof, in which event if
20 no retrial is directed, the court shall sentence the defendant
21 to life imprisonment upon the verdict theretofore rendered by
22 the jury and recorded as aforesaid and the jury shall be so
23 informed prior to their deliberations. The court shall impose
24 the sentence so fixed as in other cases.
25 (d) Aggravating and mitigating circumstances.--If a murder
26 of the first degree is accompanied by at least one of the
27 following aggravating circumstances and none of the following
28 mitigating circumstances, the person convicted shall be
29 sentenced to death. If a murder of the first degree is not
30 accompanied by any of the following aggravating circumstances or
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1 is accompanied by at least one of the following mitigating
2 circumstances the person convicted shall be sentenced to life
3 imprisonment:
4 (i) The victim was a fireman, peace officer or
5 public servant concerned in official detention as defined
6 in section 5121 of this title (relating to escape), who
7 was killed in the performance of his duties.
8 (ii) The defendant paid or was paid by another
9 person or had contracted to pay or be paid by another
10 person or had conspired to pay or be paid by another
11 person for the killing of the victim.
12 (iii) The victim was being held by the defendant for
13 ransom or reward, or as a shield or hostage.
14 (iv) The death of the victim occurred while
15 defendant was engaged in the hijacking of an aircraft.
16 (v) The victim was a witness to a murder or other
17 felony committed by the defendant and was killed for the
18 purpose of preventing his testimony against the defendant
19 in any grand jury or criminal proceeding involving such
20 offenses.
21 (vi) The defendant committed a killing while in the
22 perpetration of a felony.
23 (vii) In the commission of the offense the defendant
24 knowingly created a grave risk of death to another person
25 in addition to the victim of the offense.
26 (viii) The offense was committed by means of
27 torture.
28 (ix) The defendant has been convicted of another
29 Federal or State offense, committed either before or at
30 the time of the offense at issue, for which a sentence of
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1 life imprisonment or death was imposable or the defendant
2 was undergoing a sentence of life imprisonment for any
3 reason at the time of the commission of the offense.
4 (2) Mitigating circumstances.--
5 (i) The age, lack of maturity, or youth of the
6 defendant at the time of the killing.
7 (ii) The victim was a participant in or consented to
8 the defendant's conduct as set forth in section 1311(d)
9 of this title or was a participant in or consented to the
10 killing.
11 (iii) The defendant was under duress although not
12 such duress as to constitute a defense to prosecution
13 under section 309 of this title (relating to duress).
14 (e) Guilty pleas and non-jury trials.--In cases of pleas of
15 guilty, or trial by court, the court shall impose sentence in
16 accordance with Rules of Criminal Procedure as promulgated by
17 the Supreme Court of Pennsylvania.
18 (f) Record of death sentence to Governor.--Where a sentence
19 of death is imposed, the clerk of the court wherein conviction
20 takes place, shall within ten days after such sentence of death,
21 transmit a full and complete record of the trial and conviction
22 to the Governor.
23 (g) Review of death sentence.--A sentence of death shall be
24 subject to automatic review by the Supreme Court of Pennsylvania
25 within 60 days after certification by the sentencing court of
26 the entire record. In the event that the sentence of death shall
27 for any reason be invalidated then the convicted defendant shall
28 undergo the sentence of life imprisonment.]
29 § 1311. Sentencing procedure for murder of the first degree.
30 (a) Procedure in jury trials.--
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1 (1) After a verdict of murder of the first degree is
2 recorded and before the jury is discharged, the court shall
3 conduct a separate sentencing hearing in which the jury shall
4 determine whether the defendant shall be sentenced to death
5 or life imprisonment.
6 (2) In the sentencing hearing, evidence may be presented
7 as to any matter that the court deems relevant and admissible
8 on the question of the sentence to be imposed and shall
9 include matters relating to any of the aggravating or
10 mitigating circumstances specified in subsections (d) and
11 (e). Evidence of aggravating circumstances shall be limited
12 to those circumstances specified in subsection (d).
13 (3) After the presentation of evidence, the court shall
14 permit counsel to present argument for or against the
15 sentence of death. The court shall then instruct the jury in
16 accordance with subsection (c).
17 (4) Failure of the jury to unanimously agree upon a
18 sentence shall not impeach or in any way affect the guilty
19 verdict previously recorded.
20 (b) Procedure in nonjury trials and guilty pleas.--If the
21 defendant has waived a jury trial or pleaded guilty, the
22 sentencing proceeding shall be conducted before a jury impaneled
23 for that purpose unless waived by the defendant with the consent
24 of the Commonwealth, in which case the trial judge shall hear
25 the evidence and determine the penalty in the same manner as
26 would a jury.
27 (c) Instructions to jury.--
28 (1) Before the jury retires to consider the sentencing
29 verdict, the court shall instruct the jury on the following
30 matters:
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1 (i) The aggravating circumstances specified in
2 subsection (d) as to which there is some evidence.
3 (ii) The mitigating circumstances specified in
4 subsection (e) as to which there is some evidence.
5 (iii) Aggravating circumstances must be proved by
6 the Commonwealth beyond a reasonable doubt; mitigating
7 circumstances must be proved by the defendant by a
8 preponderance of the evidence.
9 (iv) The verdict must be a sentence of death if the
10 jury unanimously finds at least one aggravating
11 circumstance specified in subsection (d) and no
12 mitigating circumstance or if the jury unanimously finds
13 one or more aggravating circumstances which outweigh any
14 mitigating circumstances. The verdict must be a sentence
15 of life imprisonment in all other cases.
16 (v) The court may, in its discretion, discharge the
17 jury if it is of the opinion that further deliberation
18 will not result in a unanimous agreement as to the
19 sentence, in which case the court shall sentence the
20 defendant to life imprisonment.
21 (2) The court shall instruct the jury on any other
22 matter that may be just and proper under the circumstances.
23 (d) Aggravating circumstances.--Aggravating circumstances
24 shall be limited to the following:
25 (1) The victim was a fireman, peace officer or public
26 servant concerned in official detention, as defined in
27 section 5121 (relating to escape), who was killed in the
28 performance of his duties.
29 (2) The defendant paid or was paid by another person or
30 had contracted to pay or be paid by another person or has
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1 conspired to pay or be paid by another person for the killing
2 of the victim.
3 (3) The victim was being held by the defendant for
4 ransom or reward, or as a shield or hostage.
5 (4) The death of the victim occurred while defendant was
6 engaged in the hijacking of an aircraft.
7 (5) The victim was a prosecution witness to a murder or
8 other felony committed by the defendant and was killed for
9 the purpose of preventing his testimony against the defendant
10 in any grand jury or criminal proceeding involving such
11 offenses.
12 (6) The defendant committed a killing while in the
13 perpetration of a felony.
14 (7) In the commission of the offense the defendant
15 knowingly created a grave risk of death to another person in
16 addition to the victim of the offense.
17 (8) The offense was committed by means of torture.
18 (9) The defendant has a significant history of felony
19 convictions involving the use or threat of violence to the
20 person.
21 (10) The defendant has been convicted of another Federal
22 or State offense, committed either before or at the time of
23 the offense at issue, for which a sentence of life
24 imprisonment or death was imposable or the defendant was
25 undergoing a sentence of life imprisonment for any reason at
26 the time of the commission of the offense.
27 (e) Mitigating circumstances.--Mitigating circumstances
28 shall include the following:
29 (1) The defendant has no significant history of prior
30 criminal convictions.
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1 (2) The defendant was under the influence of extreme
2 mental or emotional disturbance.
3 (3) The capacity of the defendant to appreciate the
4 criminality of his conduct or to conform his conduct to the
5 requirements of law was substantially impaired.
6 (4) The age of the defendant at the time of the crime.
7 (5) The defendant acted under extreme duress, although
8 not such duress as to constitute a defense to prosecution
9 under section 309 (relating to duress), or acted under the
10 substantial domination of another person.
11 (6) The victim was a participant in the defendant's
12 homicidal conduct or consented to the homicidal acts.
13 (7) The defendant's participation in the homicidal act
14 was relatively minor.
15 (8) Any other evidence of mitigation concerning the
16 character and record of the defendant and the circumstances
17 of his offense.
18 (f) Sentencing verdict by the jury.--
19 (1) After hearing all the evidence and receiving the
20 instructions from the court, the jury shall deliberate and
21 render a sentencing verdict. In rendering the verdict, if the
22 sentence is death, the jury shall set forth in such form as
23 designated by the court the findings upon which the sentence
24 is based.
25 (2) Based upon these findings, the jury shall set forth
26 in writing whether the sentence is death or life
27 imprisonment.
28 (g) Recording sentencing verdict.--Whenever the jury shall
29 agree upon a sentencing verdict, it shall be received and
30 recorded by the court. The court shall thereafter impose upon
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1 the defendant the sentence fixed by the jury.
2 (h) Review of death sentence.--
3 (1) A sentence of death shall be subject to automatic
4 review by the Supreme Court of Pennsylvania pursuant to its
5 rules.
6 (2) In addition to its authority to correct errors at
7 trial, the Supreme Court shall either affirm the sentence of
8 death or vacate the sentence of death and remand for the
9 imposition of a life imprisonment sentence.
10 (3) The Supreme Court shall affirm the sentence of death
11 unless it determines that:
12 (i) the sentence of death was the product of
13 passion, prejudice or any other arbitrary factor;
14 (ii) the evidence fails to support the finding of an
15 aggravating circumstance specified in subsection (d); or
16 (iii) the sentence of death is excessive or
17 disproportionate to the penalty imposed in similar cases,
18 considering both the circumstances of the crime and the
19 character and record of the defendant.
20 (i) Record of death sentence to Governor.--Where a sentence
21 of death is upheld by the Supreme Court, the prothonotary of the
22 Supreme Court shall transmit to the Governor a full and complete
23 record of the trial, sentencing hearing, imposition of sentence
24 and review by the Supreme Court.
25 Section 2. This act shall take effect immediately.
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