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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY D. O'BRIEN, BARRAR, BOYD, D. COSTA, CUTLER, GILLESPIE, GOODMAN, HESS, HORNAMAN, METZGAR, MURT, O'NEILL, PYLE AND VULAKOVICH, JANUARY 27, 2011 |
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| REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 27, 2011 |
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| AN ACT |
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1 | Amending Title 42 (Judiciary and Judicial Procedure) of the |
2 | Pennsylvania Consolidated Statutes, further providing for |
3 | sentencing procedure for murder of the first degree. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Section 9711(c)(1)(v) of Title 42 of the |
7 | Pennsylvania Consolidated Statutes is amended to read: |
8 | § 9711. Sentencing procedure for murder of the first degree. |
9 | * * * |
10 | (c) Instructions to jury.-- |
11 | (1) Before the jury retires to consider the sentencing |
12 | verdict, the court shall instruct the jury on the following |
13 | matters: |
14 | * * * |
15 | (v) The court may, in its discretion, discharge the |
16 | jury if it is of the opinion that further deliberation |
17 | will not result in a unanimous agreement as to the |
18 | sentence[, in which case the court shall sentence the |
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1 | defendant to life imprisonment]. The court shall impanel |
2 | a new jury to decide the sentence at a hearing conducted |
3 | in the same manner as provided under subsection (a). If |
4 | the court finds that further deliberation by the new jury |
5 | will not result in a unanimous agreement as to the |
6 | sentence, the court may discharge the new jury and shall |
7 | sentence the defendant to life imprisonment. |
8 | * * * |
9 | Section 2. This act shall take effect in 60 days. |
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