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06/01/2024 04:05 AM
Pennsylvania State Senate
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?SPick=20230&chamber=S&cosponId=39593
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Senate of Pennsylvania
Session of 2023 - 2024 Regular Session

MEMORANDUM

Posted: January 30, 2023 02:45 PM
From: Senator Greg Rothman
To: All Senate members
Subject: Amending Pennsylvania's Sentencing Procedure for Murder in the First Degree
 
In the near future, I will be introducing legislation to add an aggravating circumstance to Pennsylvania’s sentencing procedure for murder in the first degree.

Under Pennsylvania law, there are currently 18 aggravating circumstances that may be considered - and weighed against an unlimited number of mitigating circumstances concerning the character and the record of the defendant and the circumstances of his offense – when determining whether sentencing a murderer to the death penalty is appropriate.

These 18 aggravating circumstances include whether the offense was committed by means of torture; whether the victim is among the list of enumerated types of public servants who were killed in the performance of their duties; whether the victim was a child under 12 years of age; and, whether the victim was in her third trimester of pregnancy.

My legislation would add a 19th aggravating circumstance for instances when the killing is committed in a location that should otherwise be considered a “safe space.” Specifically, if the defendant committed the killing on the premises of an elementary or secondary school, college, place of worship, professional sports facility or government office, that circumstance could be presented to a jury for their determination of whether the death penalty is an appropriate punishment. This legislation would become effective in 60 days.

We are all familiar with the recent tragic events in Uvalde, Texas; Buffalo, New York; the Tree of Life Synagogue in Pittsburgh; and let us not forget the tragic event in the Amish Community of Lancaster County. It is with reasons like this in mind that I will be introducing this legislation. Please join me in this effort and consider co-sponsoring this important piece of legislation.



Introduced as SB449