PRINTER'S NO. 100
No. 107 Session of 1999
INTRODUCED BY HELFRICK, HUGHES, KUKOVICH AND KITCHEN,
JANUARY 11, 1999
REFERRED TO JUDICIARY, JANUARY 11, 1999
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 crimes, proceedings and
4 sentences involving the death penalty; and making a repeal.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Sections 106(b)(1), 1102(a)(1) and 3301(b) of
8 Title 18 of the Pennsylvania Consolidated Statutes are amended
9 to read:
10 § 106. Classes of offenses.
11 * * *
12 (b) Classification of crimes.--
13 (1) A crime is a murder of the first degree, of the
14 second degree or of the third degree if it is so designated
15 in this title [or if a person convicted of criminal homicide
16 may be sentenced in accordance with the provisions of section
17 1102 (relating to sentence for murder and murder of an unborn
18 child)]. A crime is first degree murder of an unborn child,
1 second degree murder of an unborn child or third degree
2 murder of an unborn child if it is so designated in this
3 title or if a person convicted of criminal homicide of an
4 unborn child may be sentenced in accordance with the
5 provisions of section 1102 (relating to sentence for murder
6 and murder of an unborn child).
7 * * *
8 § 1102. Sentence for murder and murder of an unborn child.
9 (a) First degree.--
10 (1) A person who has been convicted of a murder of the
11 first degree shall be sentenced [to death or] to a term of
12 life imprisonment [in accordance with 42 Pa.C.S. § 9711
13 (relating to sentencing procedure for murder of the first
14 degree)].
15 * * *
16 § 3301. Arson and related offenses.
17 * * *
18 (b) Sentence.--A person convicted of violating the
19 provisions of subsection (a)(2), murder of the first degree,
20 shall be sentenced to [death or] life imprisonment without right
21 to parole; a person convicted of murder of the second degree,
22 pursuant to subsection (a)(2), shall be sentenced to life
23 imprisonment without right to parole. Notwithstanding provisions
24 to the contrary, no language herein shall infringe upon the
25 inherent powers of the Governor to commute said sentence.
26 * * *
27 Section 2. Section 722 of Title 42 is amended to read:
28 § 722. Direct appeals from courts of common pleas.
29 The Supreme Court shall have exclusive jurisdiction of
30 appeals from final orders of the courts of common pleas in the
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1 following classes of cases:
2 (1) Matters prescribed by general rule.
3 (2) The right to public office.
4 (3) Matters where the qualifications, tenure or right to
5 serve, or the manner of service, of any member of the
6 judiciary is drawn in question.
7 [(4) Automatic review of sentences as provided by 42
8 Pa.C.S. §§ 9546(d) (relating to relief and order) and 9711(h)
9 (relating to review of death sentence).]
10 (5) Supersession of a district attorney by an Attorney
11 General or by a court or where the matter relates to the
12 convening, supervision, administration, operation or
13 discharge of an investigating grand jury or otherwise
14 directly affects such a grand jury or any investigation
15 conducted by it.
16 (6) Matters where the right or power of the Commonwealth
17 or any political subdivision to create or issue indebtedness
18 is drawn in direct question.
19 (7) Matters where the court of common pleas has held
20 invalid as repugnant to the Constitution, treaties or laws of
21 the United States, or to the Constitution of this
22 Commonwealth, any treaty or law of the United States or any
23 provision of the Constitution of, or of any statute of, this
24 Commonwealth, or any provision of any home rule charter.
25 (8) Matters where the right to practice law is drawn in
26 direct question.
27 Section 3. Sections 9546(d) and 9711 of Title 42 are
28 repealed.
29 Section 4. Section 9731 of Title 42 is amended to read:
30 § 9731. Requirement for presentence investigation and report.
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1 Before sentencing any defendant to one year or longer, a
2 presentence investigation and report shall be made, unless the
3 sentence is [death or] a mandatory sentence to life
4 imprisonment, or unless the court specifically orders to the
5 contrary. The report shall be made within 30 days from the date
6 of conviction of defendant or within such greater period of time
7 as the court shall direct.
8 Section 5. Section 1 of the act of November 29, 1990
9 (P.L.572, No.145), referred to as the Death Sentence Execution
10 Law, is repealed.
11 Section 6. This act shall apply to sentences imposed on or
12 after the effective date of this act.
13 Section 7. This act shall take effect in 60 days.
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