Regular Session 2015-2016 House Resolution 0915 P.N. 3471

PRINTER'S NO. 3471

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE RESOLUTION

No.

915

Session of

2015

INTRODUCED BY DAWKINS, DEAN, BULLOCK, KINSEY, SCHLOSSBERG,

J. HARRIS, COOK-ARTIS, DAVIS, YOUNGBLOOD, GIBBONS, THOMAS,

NEILSON, ROZZI, O'BRIEN AND GROVE, JUNE 9, 2016

REFERRED TO COMMITTEE ON JUDICIARY, JUNE 9, 2016

A CONCURRENT RESOLUTION

Establishing the Task Force on Juvenile Life Sentences.

WHEREAS, The General Assembly finds and declares as follows:

(1) In 2012, the United States Supreme Court ruled in

Miller v. Alabama that state laws imposing mandatory life

without parole sentences for individuals who were under the

age of 18 at the time of commission of an offense are

unconstitutional.

(2) In January 2016, the United States Supreme Court

ruled in Montgomery v. Louisiana that its decision in Miller

v. Alabama must be applied retroactively to cover individuals

who were sentenced prior to the date of the Miller v. Alabama

ruling.

(3) The United States Supreme Court's rulings in Miller

v. Alabama and Montgomery v. Louisiana require a review of

laws and procedures relating to the appeals and applications

for postconviction relief filed by hundreds of individuals in

this Commonwealth sentenced to mandatory life without parole

for crimes they committed when the individuals were under the

age of 18.

(4) It is the responsibility of the Commonwealth to:

(i) adequately comply with the Federal mandates

established in Miller v. Alabama and Montgomery v.

Louisiana; and

(ii) ensure that its appeals and postconviction

relief procedures provide for just sentences that are

fair to the offender and sufficient to protect public

safety and promote rehabilitation.

(5) Therefore, the General Assembly shall establish a

task force to conduct a thorough and comprehensive review to

determine best practices for handling the appeals and

postconviction relief process for individuals in this

Commonwealth sentenced to mandatory life without parole for

crimes they committed when they were under the age of 18;

therefore be it

RESOLVED (the Senate concurring), That the Task Force on

Juvenile Life Sentences is established; and be it further

RESOLVED, That the task force consist of the following

members, appointed within 25 days after the adoption of this

resolution by both chambers:

(1) Four members knowledgeable and experienced in issues

relating to criminal appeals, postconviction relief and the

appropriate sentencing of youth offenders as follows:

(i) Two members appointed by the President pro

tempore of the Senate, in consultation with the Majority

Leader and the Minority Leader of the Senate. A member

under this subparagraph may be a member of the Senate.

(ii) Two members appointed by the Speaker of the

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House of Representatives, in consultation with the

Majority Leader and the Minority Leader of the House of

Representatives. A member under this subparagraph may be

a member of the House of Representatives.

(2) Three members appointed by the Governor as follows:

(i) A district attorney.

(ii) A defense attorney with experience in defending

cases for which a life sentence is imposed or experience

in juvenile defense.

(iii) A member of a youth offender organization or

an organization that is directly involved in advocating

for or providing services to youth offenders.

(3) The chairperson of the Board of Probation and Parole

or a designee who shall be a member or employee of the board.

The designee shall be appointed in writing and a copy shall

be submitted to the chairperson of the task force.

(4) The Secretary of Corrections or a designee who shall

be an employee of the department. The designee shall be

appointed in writing and a copy shall be submitted to the

chairperson of the task force.

(5) The chairperson of the Pennsylvania Commission on

Sentencing or a designee who shall be a member or employee of

the commission. The designee shall be appointed in writing

and a copy shall be submitted to the chairperson of the task

force.

(6) The Pennsylvania Victim Advocate or a designee who

shall be an employee of the Office of Victim Advocate. The

designee shall be appointed in writing and a copy shall be

submitted to the chairperson of the task force;

and be it further

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RESOLVED, That the Governor shall select the chairperson of

the task force; and be it further

RESOLVED, That the task force shall conduct its business as

follows:

(1) The physical presence of six members shall

constitute a quorum of the task force.

(2) Action of the task force must be authorized or

ratified by majority vote of its members.

(3) A member not physically present may participate by

teleconference or video conference.

(4) The following apply:

(i) The task force shall meet as necessary but no

fewer than 3 times within 60 days of the appointment of

the members of the task force. Additional meetings may be

called by the chairperson as necessary.

(ii) The chairperson shall schedule a meeting upon

written request of eight members of the task force.

(iii) The first meeting shall be convened within 15

days of the appointment of the members of the task force.

(iv) The task force shall hold public hearings as

necessary to obtain the information required to conduct

its review.

(v) The Department of Corrections, the Board of

Probation and Parole and the Joint State Government

Commission shall cooperate to provide administrative or

other assistance to the task force.

(vi) Members shall not receive compensation but

shall be reimbursed for reasonable and necessary expenses

incurred in service of the task force;

and be it further

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RESOLVED, That the task force shall have the following

powers:

(1) To examine, review and analyze law, court decisions,

practices, procedures and rules applicable to the handling of

appeals and postconviction relief for individuals in this

Commonwealth serving mandatory life without parole sentences

for crimes they committed when they were under the age of 18.

(2) To hold public hearings for the taking of testimony

and the requesting of documents.

(3) The chairperson shall have the power to administer

oaths and affirmations to witnesses appearing before the task

force;

and be it further

RESOLVED, That the task force shall have the following

duties:

(1) To accept and review written comments from

individuals and organizations.

(2) To make, within 90 days of its first meeting, a

final report to the following:

(i) The Governor.

(ii) The Judiciary Committee of the Senate.

(iii) The Judiciary Committee of the House of

Representatives.

(iv) The Pennsylvania Supreme Court.

(v) Each member of the Pennsylvania judiciary.

(3) Based on the task force's review, the report under

paragraph (2) shall include recommendations:

(i) For the efficient and effective handling of

appeals and postconviction relief proceedings by

individuals in this Commonwealth serving mandatory life

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without parole sentences for crimes they committed when

they were under the age of 18.

(ii) To implement any necessary changes in State

statutes and practices, policies and procedures.

(4) To make reports as follows:

(i) The task force may file status reports and

updates with the Governor, the Judiciary Committee of the

Senate and the Judiciary Committee of the House of

Representatives as it deems appropriate.

(ii) A report under this paragraph shall be adopted

at a public meeting.

(iii) A report under this paragraph shall be a

public record under the act of February 14, 2008 (P.L.6,

No.3), known as the Right-to-Know Law;

and be it further

RESOLVED, That the task force expire 30 days following the

issuance of its final report.

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