PRINTER'S NO. 800

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 736 Session of 1993


        INTRODUCED BY GERLACH, BUNT, STABACK, FAIRCHILD, MERRY, ARGALL,
           FARGO, NYCE, MASLAND, BELFANTI, ARMSTRONG, KENNEY, PITTS,
           J. TAYLOR, RAYMOND, CLYMER, SEMMEL, NICKOL, DeLUCA, MELIO,
           TRELLO, MILLER, TIGUE, SCHEETZ, BAKER, BLAUM, CLARK,
           L. I. COHEN, HENNESSEY, TOMLINSON, HECKLER, HESS, WOGAN,
           VEON, E. Z. TAYLOR, DENT, ROONEY, BATTISTO, SURRA, BARLEY,
           KELLER, GEIST, CIVERA, O'BRIEN, D. W. SNYDER, GLADECK,
           KASUNIC AND PETTIT, MARCH 22, 1993

        REFERRED TO COMMITTEE ON JUDICIARY, MARCH 22, 1993

                                     AN ACT

     1  Amending Title 42 (Judiciary and Judicial Procedure) of the
     2     Pennsylvania Consolidated Statutes, further providing for
     3     sentencing in capital cases.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 9711(a)(2) of Title 42 of the
     7  Pennsylvania Consolidated Statutes is amended to read:
     8  § 9711.  Sentencing procedure for murder of the first degree.
     9     (a)  Procedure in jury trials.--
    10         * * *
    11         (2)  In the sentencing hearing, evidence may be presented
    12     as to any matter that the court deems relevant and admissible
    13     on the question of the sentence to be imposed [and]. Evidence
    14     under this paragraph shall include information about the
    15     victim and about the impact of the murder on the victim's


     1     family and shall include matters relating to any of the
     2     aggravating or mitigating circumstances specified in
     3     subsections (d) and (e). Evidence of aggravating
     4     circumstances shall be limited to those circumstances
     5     specified in subsection (d).
     6         * * *
     7     Section 2.  The amendment of 42 Pa.C.S. § 9711(a)(2) shall
     8  apply to sentences imposed for offenses which take place on or
     9  after the effective date of this act.
    10     Section 3.  This act shall take effect in 60 days.














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