PRINTER'S NO. 1571
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1138
Session of
2015
INTRODUCED BY LEACH, MARCH 4, 2016
REFERRED TO JUDICIARY, MARCH 4, 2016
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in criminal homicide, further
providing for the offense of murder.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2502(b) of Title 18 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 2502. Murder.
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(b) Murder of the second degree.--A criminal homicide
constitutes murder of the second degree when it is committed
[while] by:
(1) a defendant [was] engaged as a principal or an
accomplice in the perpetration of a felony[.]; or
(2) an accomplice of a defendant engaged as a principal
or accomplice in the perpetration of a felony and the
defendant intentionally, knowingly or recklessly disregarded
the risk that the death of another human being would occur as
a result of their participation in the perpetration of the
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felony.
* * *
Section 2. Any person who is incarcerated in a State
correctional institution on the effective date of this section
for a violation of former 18 Pa.C.S. § 2502(b) (relating to
murder) committed prior to the effective date of this section
shall be entitled to a review by the court to determine whether
there is a need for a resentencing hearing given the changes to
former 18 Pa.C.S. § 2502(b). Persons deemed by the court to need
a resentencing hearing shall be resentenced in accordance with
law.
Section 3. This act shall take effect in 60 days.
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