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House of Representatives
Session of 2015 - 2016 Regular Session


Posted: December 10, 2015 12:18 PM
From: Representative Marcia M. Hahn
To: All House members
Subject: Title 42 Amendment
On Oct. 5, 2015, the Superior Court ruled in Commonwealth v. Haynes that a conviction for third degree murder of an unborn child does not qualify as “murder” and therefore could not serve as the basis for the imposition of a mandatory life sentence for the death of another. The Court reasoned that because our statutory section addressing murder of an unborn child (Title 18 Section 2604) was not specifically mentioned in the mandatory life imprisonment provision of Title 42 Section 9715, the murder conviction of the unborn could not serve as the basis for life imprisonment for the murder conviction for taking the life of the mother.

I believe murder of an unborn child is murder, regardless of the formalism of where this might be set forth in Title 18. For that reason, I am proposing that Title 42 be amended to clarify that murder includes murder of an unborn child. I hope you will join in sponsoring this legislation.

If you have any questions please contact Gail Pakosky via email gpakosky@pahousegop.com or 717-783-8573.

Introduced as HB1799