PRINTER'S NO. 2253
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
135
Session of
2021
INTRODUCED BY DAWKINS, KRAJEWSKI, SANCHEZ, KENYATTA, KINSEY,
ISAACSON, FRANKEL, SCHWEYER, SCHLOSSBERG, KINKEAD, HARRIS,
HOHENSTEIN, SIMS AND McCLINTON, OCTOBER 12, 2021
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 12, 2021
AN ACT
Amending Titles 18 (Crimes and Offenses), 42 (Judiciary and
Judicial Procedure) and 61 (Prisons and Parole) 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; in sentencing, further
providing for sentences for second and subsequent offenses;
and, in probation and parole, further providing for parole
power.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1102.1(a), (b) and (d) introductory
paragraph of Title 18 of the Pennsylvania Consolidated Statutes
are amended to read:
§ 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
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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 life imprisonment [without parole], or a term of
imprisonment, the minimum of which shall be at least 35 years
to life.
(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.
(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.
* * *
(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:
* * *
Section 2. Section 9714(a)(2) of Title 42 is amended to
read:
§ 9714. Sentences for second and subsequent offenses.
(a) Mandatory sentence.--
* * *
(2) Where the person had at the time of the commission
of the current offense previously been convicted of two or
more such crimes of violence arising from separate criminal
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transactions, the person shall be sentenced to a minimum
sentence of at least 25 years of total confinement,
notwithstanding any other provision of this title or other
statute to the contrary. Proof that the offender received
notice of or otherwise knew or should have known of the
penalties under this paragraph shall not be required. Upon
conviction for a third or subsequent crime of violence the
court may, if it determines that 25 years of total
confinement is insufficient to protect the public safety,
sentence the offender to life imprisonment [without parole].
* * *
Section 3. Section 6137(a)(1) and (3) of Title 61, amended
June 30, 2021 (P.L.260, No.59), are amended and the section is
amended by adding a paragraph to read:
§ 6137. Parole power.
(a) General criteria for parole.--
(1) The board may parole subject to consideration of
guidelines established under 42 Pa.C.S. § 2154.5 (relating to
adoption of guidelines for parole) or subject to section
6137.1 (relating to short sentence parole) and such
information developed by or furnished to the board under
section 6174 (relating to right of access to offenders), or
both, and may release on parole any offender to whom the
power to parole is granted to the board by this chapter,
except an offender condemned to death [or serving life
imprisonment], whenever in its opinion:
(i) The best interests of the offender justify or
require that the offender be paroled.
(ii) It does not appear that the interests of the
Commonwealth will be injured by the offender's parole.
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* * *
(3) The power to parole granted under this section to
the board may not be exercised in the board's discretion at
any time before, but only after[, the]:
(i) The expiration of the minimum term of
imprisonment fixed by the court in its sentence or by the
Board of Pardons in a sentence which has been reduced by
commutation.
(ii) Notwithstanding 42 Pa.C.S. § 9757 (relating to
consecutive sentences of total confinement for multiple
offenses), five years after the date of incarceration
which, in the case of an offender sentenced to life
imprisonment, shall include any period of uninterrupted
incarceration occurring prior to trial.
* * *
(6) The board may not consider or grant parole to any
offender sentenced under 18 Pa.C.S. § 1102(b) (relating
to sentence for murder, murder of unborn child and murder of
law enforcement officer) where the victim was a law
enforcement officer.
* * *
Section 4. The amendment or addition of the following
provisions of this act shall apply to individuals sentenced to
imprisonment before, on or after the effective date of this
section:
(1) 18 Pa.C.S. § 1102.1(a), (b) and (d) introductory
paragraph.
(2) 42 Pa.C.S. § 9714(a)(2).
(3) 61 Pa.C.S. § 6137(a)(1), (3) and (6).
Section 5. This act shall take effect in 60 days.
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