PRINTER'S NO. 1576
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1147
Session of
2015
INTRODUCED BY KITCHEN, SCHWANK, HAYWOOD, LEACH, SABATINA AND
HUGHES, MARCH 4, 2016
REFERRED TO JUDICIARY, MARCH 4, 2016
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in authorized disposition of
offenders, further providing for sentence of persons under
the age of 18 for murder, murder of an unborn child and
murder of a law enforcement officer.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1102.1 of Title 18 of the Pennsylvania
Consolidated Statutes is amended to read:
ยง 1102.1. Sentence of persons under the age of 18 for murder,
murder of an unborn child and murder of a law
enforcement officer.
(a) First degree murder.--A person who has been convicted
[after June 24, 2012,] of a murder of the first degree, first
degree murder of an unborn child or murder of a law enforcement
officer of the first degree and who was under the age of 18 at
the time of the commission of the offense shall be sentenced as
follows:
(1) A person who at the time of the commission of the
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offense was 15 years of age or older shall be sentenced to [a
term of life imprisonment without parole, or] a term of
imprisonment, [the minimum of which shall be at least 35
years to life] the maximum of which shall be no more than 45
years.
(2) A person who at the time of the commission of the
offense was under 15 years of age shall be sentenced to [a
term of life imprisonment without parole, or] a term of
imprisonment, [the minimum of which shall be at least 25
years to life] the maximum of which shall be no more than 35
years.
[(b) Notice.--Reasonable notice to the defendant of the
Commonwealth's intention to seek a sentence of life imprisonment
without parole under subsection (a) shall be provided after
conviction and before sentencing.]
(c) Second degree murder.--A person who has been convicted
after June 24, 2012, of a murder of the second degree, second
degree murder of an unborn child or murder of a law enforcement
officer of the second degree and who was under the age of 18 at
the time of the commission of the offense shall be sentenced as
follows:
(1) A person who at the time of the commission of the
offense was 15 years of age or older shall be sentenced to a
term of imprisonment [the minimum of which shall be at least
30 years to life], the maximum of which shall be no more than
40 years.
(2) A person who at the time of the commission of the
offense was under 15 years of age shall be sentenced to a
term of imprisonment [the minimum of which shall be at least
20 years to life], the maximum of which shall be no more than
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30 years.
[(d) Findings.--In determining whether to impose a sentence
of life without parole under subsection (a), the court shall
consider and make findings on the record regarding the
following:
(1) The impact of the offense on each victim, including
oral and written victim impact statements made or submitted
by family members of the victim detailing the physical,
psychological and economic effects of the crime on the victim
and the victim's family. A victim impact statement may
include comment on the sentence of the defendant.
(2) The impact of the offense on the community.
(3) The threat to the safety of the public or any
individual posed by the defendant.
(4) The nature and circumstances of the offense
committed by the defendant.
(5) The degree of the defendant's culpability.
(6) Guidelines for sentencing and resentencing adopted
by the Pennsylvania Commission on Sentencing.
(7) Age-related characteristics of the defendant,
including:
(i) Age.
(ii) Mental capacity.
(iii) Maturity.
(iv) The degree of criminal sophistication exhibited
by the defendant.
(v) The nature and extent of any prior delinquent or
criminal history, including the success or failure of any
previous attempts by the court to rehabilitate the
defendant.
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(vi) Probation or institutional reports.
(vii) Other relevant factors.
(e) Minimum sentence.--Nothing under this section shall
prevent the sentencing court from imposing a minimum sentence
greater than that provided in this section. Sentencing
guidelines promulgated by the Pennsylvania Commission on
Sentencing may not supersede the mandatory minimum sentences
provided under this section.]
(f) Appeal by Commonwealth.--If a sentencing court refuses
to apply this section where applicable, the Commonwealth shall
have the right to appellate review of the action of the
sentencing court. The appellate court shall vacate the sentence
and remand the case to the sentencing court for imposition of a
sentence in accordance with this section if it finds that the
sentence was imposed in violation of this section.
Section 2. This act shall take effect immediately.
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