1Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
2Judicial Procedure) of the Pennsylvania Consolidated
3Statutes, prohibiting use of the death penalty.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Sections 1102(a) and 3301(b) of Title 18 of the
7Pennsylvania Consolidated Statutes are amended to read:

8§ 1102. Sentence for murder, murder of unborn child and murder
9of law enforcement officer.

10(a) First degree.--

11(1) Except as provided under section 1102.1 (relating to 
12sentence of persons under the age of 18 for murder, murder of 
13an unborn child and murder of a law enforcement officer), a
14person who has been convicted of a murder of the first degree
15or of murder of a law enforcement officer of the first degree
16shall be sentenced to [death or to] a term of life
17imprisonment in accordance with 42 Pa.C.S. § 9711 (relating
18to sentencing procedure for murder of the first degree).

19(2) The sentence for a person who has been convicted of

1first degree murder of an unborn child shall be the same as
2the sentence for murder of the first degree.[, except that
3the death penalty shall not be imposed. This paragraph shall
4not affect the determination of an aggravating circumstance
5under 42 Pa.C.S. § 9711(d)(17) for the killing of a pregnant
6woman.]

7* * *

8§ 3301. Arson and related offenses.

9* * *

10(b) Sentence.--A person convicted of violating the
11provisions of subsection (a)(2), murder of the first degree[,]
12or second degree shall be sentenced to [death or] life
13imprisonment without right to parole[; a person convicted of
14murder of the second degree, pursuant to subsection (a)(2),
15shall be sentenced to life imprisonment without right to
16parole]. Notwithstanding provisions to the contrary, no language
17herein shall infringe upon the inherent powers of the Governor
18to commute said sentence.

19* * *

20Section 2. Section 9711 of Title 42 is amended to read:

21§ 9711. Sentencing procedure for murder of the first degree.

22[(a) Procedure in jury trials.--

23(1)] After a verdict of murder of the first degree is
24recorded [and before the jury is discharged], the court shall
25[conduct a separate sentencing hearing in which the jury
26shall determine whether the defendant shall be sentenced to
27death or] sentence the defendant to life imprisonment.

28[(2) In the sentencing hearing, evidence concerning the
29victim and the impact that the death of the victim has had on
30the family of the victim is admissible. Additionally,

1evidence may be presented as to any other matter that the
2court deems relevant and admissible on the question of the
3sentence to be imposed. Evidence shall include matters
4relating to any of the aggravating or mitigating
5circumstances specified in subsections (d) and (e), and
6information concerning the victim and the impact that the
7death of the victim has had on the family of the victim.
8Evidence of aggravating circumstances shall be limited to
9those circumstances specified in subsection (d).

10(3) After the presentation of evidence, the court shall
11permit counsel to present argument for or against the
12sentence of death. The court shall then instruct the jury in
13accordance with subsection (c).

14(4) Failure of the jury to unanimously agree upon a
15sentence shall not impeach or in any way affect the guilty
16verdict previously recorded.

17(b) Procedure in nonjury trials and guilty pleas.--If the
18defendant has waived a jury trial or pleaded guilty, the
19sentencing proceeding shall be conducted before a jury impaneled
20for that purpose unless waived by the defendant with the consent
21of the Commonwealth, in which case the trial judge shall hear
22the evidence and determine the penalty in the same manner as
23would a jury as provided in subsection (a).

24(c) Instructions to jury.--

25(1) Before the jury retires to consider the sentencing
26verdict, the court shall instruct the jury on the following
27matters:

28(i) The aggravating circumstances specified in
29subsection (d) as to which there is some evidence.

30(ii) The mitigating circumstances specified in

1subsection (e) as to which there is some evidence.

2(iii) Aggravating circumstances must be proved by
3the Commonwealth beyond a reasonable doubt; mitigating
4circumstances must be proved by the defendant by a
5preponderance of the evidence.

6(iv) The verdict must be a sentence of death if the
7jury unanimously finds at least one aggravating
8circumstance specified in subsection (d) and no
9mitigating circumstance or if the jury unanimously finds
10one or more aggravating circumstances which outweigh any
11mitigating circumstances. The verdict must be a sentence
12of life imprisonment in all other cases.

13(v) The court may, in its discretion, discharge the
14jury if it is of the opinion that further deliberation
15will not result in a unanimous agreement as to the
16sentence, in which case the court shall sentence the
17defendant to life imprisonment.

18(2) The court shall instruct the jury that if it finds
19at least one aggravating circumstance and at least one
20mitigating circumstance, it shall consider, in weighing the
21aggravating and mitigating circumstances, any evidence
22presented about the victim and about the impact of the murder
23on the victim's family. The court shall also instruct the
24jury on any other matter that may be just and proper under
25the circumstances.

26(d) Aggravating circumstances.--Aggravating circumstances
27shall be limited to the following:

28(1) The victim was a firefighter, peace officer, public
29servant concerned in official detention, as defined in 18 
30Pa.C.S. § 5121 (relating to escape), judge of any court in

1the unified judicial system, the Attorney General of
2Pennsylvania, a deputy attorney general, district attorney,
3assistant district attorney, member of the General Assembly,
4Governor, Lieutenant Governor, Auditor General, State
5Treasurer, State law enforcement official, local law
6enforcement official, Federal law enforcement official or
7person employed to assist or assisting any law enforcement
8official in the performance of his duties, who was killed in
9the performance of his duties or as a result of his official
10position.

11(2) The defendant paid or was paid by another person or
12had contracted to pay or be paid by another person or had
13conspired to pay or be paid by another person for the killing
14of the victim.

15(3) The victim was being held by the defendant for
16ransom or reward, or as a shield or hostage.

17(4) The death of the victim occurred while defendant was
18engaged in the hijacking of an aircraft.

19(5) The victim was a prosecution witness to a murder or
20other felony committed by the defendant and was killed for
21the purpose of preventing his testimony against the defendant
22in any grand jury or criminal proceeding involving such
23offenses.

24(6) The defendant committed a killing while in the
25perpetration of a felony.

26(7) In the commission of the offense the defendant
27knowingly created a grave risk of death to another person in
28addition to the victim of the offense.

29(8) The offense was committed by means of torture.

30(9) The defendant has a significant history of felony

1convictions involving the use or threat of violence to the
2person.

3(10) The defendant has been convicted of another Federal
4or State offense, committed either before or at the time of
5the offense at issue, for which a sentence of life
6imprisonment or death was imposable or the defendant was
7undergoing a sentence of life imprisonment for any reason at
8the time of the commission of the offense.

9(11) The defendant has been convicted of another murder
10committed in any jurisdiction and committed either before or
11at the time of the offense at issue.

12(12) The defendant has been convicted of voluntary
13manslaughter, as defined in 18 Pa.C.S. § 2503 (relating to
14voluntary manslaughter), or a substantially equivalent crime
15in any other jurisdiction, committed either before or at the
16time of the offense at issue.

17(13) The defendant committed the killing or was an
18accomplice in the killing, as defined in 18 Pa.C.S. § 306(c)
19(relating to liability for conduct of another; complicity),
20while in the perpetration of a felony under the provisions of
21the act of April 14, 1972 (P.L.233, No.64), known as The
22Controlled Substance, Drug, Device and Cosmetic Act, and
23punishable under the provisions of 18 Pa.C.S. § 7508
24(relating to drug trafficking sentencing and penalties).

25(14) At the time of the killing, the victim was or had
26been involved, associated or in competition with the
27defendant in the sale, manufacture, distribution or delivery
28of any controlled substance or counterfeit controlled
29substance in violation of The Controlled Substance, Drug,
30Device and Cosmetic Act or similar law of any other state,

1the District of Columbia or the United States, and the
2defendant committed the killing or was an accomplice to the
3killing as defined in 18 Pa.C.S. § 306(c), and the killing
4resulted from or was related to that association, involvement
5or competition to promote the defendant's activities in
6selling, manufacturing, distributing or delivering controlled
7substances or counterfeit controlled substances.

8(15) At the time of the killing, the victim was or had
9been a nongovernmental informant or had otherwise provided
10any investigative, law enforcement or police agency with
11information concerning criminal activity and the defendant
12committed the killing or was an accomplice to the killing as
13defined in 18 Pa.C.S. § 306(c), and the killing was in
14retaliation for the victim's activities as a nongovernmental
15informant or in providing information concerning criminal
16activity to an investigative, law enforcement or police
17agency.

18(16) The victim was a child under 12 years of age.

19(17) At the time of the killing, the victim was in her
20third trimester of pregnancy or the defendant had knowledge
21of the victim's pregnancy.

22(18) At the time of the killing the defendant was
23subject to a court order restricting in any way the
24defendant's behavior toward the victim pursuant to 23 Pa.C.S. 
25Ch. 61 (relating to protection from abuse) or any other order
26of a court of common pleas or of the minor judiciary designed
27in whole or in part to protect the victim from the defendant.

28(e) Mitigating circumstances.--Mitigating circumstances
29shall include the following:

30(1) The defendant has no significant history of prior

1criminal convictions.

2(2) The defendant was under the influence of extreme
3mental or emotional disturbance.

4(3) The capacity of the defendant to appreciate the
5criminality of his conduct or to conform his conduct to the
6requirements of law was substantially impaired.

7(4) The age of the defendant at the time of the crime.

8(5) The defendant acted under extreme duress, although
9not such duress as to constitute a defense to prosecution
10under 18 Pa.C.S. § 309 (relating to duress), or acted under
11the substantial domination of another person.

12(6) The victim was a participant in the defendant's
13homicidal conduct or consented to the homicidal acts.

14(7) The defendant's participation in the homicidal act
15was relatively minor.

16(8) Any other evidence of mitigation concerning the
17character and record of the defendant and the circumstances
18of his offense.

19(f) Sentencing verdict by the jury.--

20(1) After hearing all the evidence and receiving the
21instructions from the court, the jury shall deliberate and
22render a sentencing verdict. In rendering the verdict, if the
23sentence is death, the jury shall set forth in such form as
24designated by the court the findings upon which the sentence
25is based.

26(2) Based upon these findings, the jury shall set forth
27in writing whether the sentence is death or life
28imprisonment.

29(g) Recording sentencing verdict.--Whenever the jury shall
30agree upon a sentencing verdict, it shall be received and

1recorded by the court. The court shall thereafter impose upon
2the defendant the sentence fixed by the jury.

3(h) Review of death sentence.--

4(1) A sentence of death shall be subject to automatic
5review by the Supreme Court of Pennsylvania pursuant to its
6rules.

7(2) In addition to its authority to correct errors at
8trial, the Supreme Court shall either affirm the sentence of
9death or vacate the sentence of death and remand for further
10proceedings as provided in paragraph (4).

11(3) The Supreme Court shall affirm the sentence of death
12unless it determines that:

13(i) the sentence of death was the product of
14passion, prejudice or any other arbitrary factor; or

15(ii) the evidence fails to support the finding of at
16least one aggravating circumstance specified in
17subsection (d).

18(4) If the Supreme Court determines that the death
19penalty must be vacated because none of the aggravating
20circumstances are supported by sufficient evidence, then it
21shall remand for the imposition of a life imprisonment
22sentence. If the Supreme Court determines that the death
23penalty must be vacated for any other reason, it shall remand
24for a new sentencing hearing pursuant to subsections (a)
25through (g).

26(i) Record of death sentence to Governor.--Where a sentence
27of death is upheld by the Supreme Court, the prothonotary of the
28Supreme Court shall transmit to the Governor a full and complete
29record of the trial, sentencing hearing, imposition of sentence,
30opinion and order by the Supreme Court within 30 days of one of

1the following, whichever occurs first:

2(1) the expiration of the time period for filing a
3petition for writ of certiorari or extension thereof where
4neither has been filed;

5(2) the denial of a petition for writ of certiorari; or

6(3) the disposition of the appeal by the United States
7Supreme Court, if that court grants the petition for writ of
8certiorari.

9Notice of this transmission shall contemporaneously be provided
10to the Secretary of Corrections.]

11Section 3. This act shall apply to defendants and
12individuals who have not been sentenced as of the effective date
13of this section.

14Section 4. This act shall take effect in 60 days.