THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY GREENLEAF AND M. WHITE, JANUARY 12, 2011

REFERRED TO JUDICIARY, JANUARY 12, 2011  

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, in sentencing, further providing for

sentence for murder and murder of unborn child.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1102(b) of Title 18 of the Pennsylvania

Consolidated Statutes is amended to read:

§ 1102.  Sentence for murder, murder of unborn child and murder

of law enforcement officer.

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(b)  Second degree.--[A]

(1)  Except as provided for under paragraph (2), a person

who has been convicted of murder of the second degree, of

second degree murder of an unborn child or of second degree

murder of a law enforcement officer shall be sentenced to a

term of life imprisonment.

(2)  (i)  A person who has been convicted of murder of

the second degree may be sentenced to a term of life

imprisonment with the possibility of parole if the person

was under 18 years of age at the time the offense was

committed, the person did not directly cause the death of

the victim, and the death of the victim was not within

the intent or contemplation of the person.

(ii)  If a person is sentenced under this paragraph

to a term of life imprisonment with the possibility of

parole, the sentencing court shall establish a minimum

term of imprisonment.

(iii)  The person shall be eligible for parole

consideration only after completing the minimum term of

imprisonment.

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Section 2.  The amendment of 18 Pa.C.S. § 1102(b) shall apply

to offenses committed after the effective date of this section.

Section 3.  This act shall take effect in 60 days.