Regular Session 2019-2020 House Bill 0135 P.N. 1708

PRINTER'S NO. 1708

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

135

Session of

2019

INTRODUCED BY DAWKINS, RABB, McCLINTON, RAVENSTAHL, SCHLOSSBERG,

BURGOS, KINSEY, T. DAVIS, FRANKEL, MACKENZIE, A. DAVIS, HILL-

EVANS AND WILLIAMS, MAY 6, 2019

REFERRED TO COMMITTEE ON JUDICIARY, MAY 6, 2019

AN ACT

Amending Titles 18 (Crimes and Offenses), 42 (Judiciary and

Judicial Procedure) and 61 (Prisons and Parole) of the

Pennsylvania Consolidated Statutes, in authorized disposition

of offenders, further providing for sentence of persons under

the age of 18 for murder, murder of an unborn child and

murder of a law enforcement officer; in sentencing, further

providing for sentences for second and subsequent offenses;

in miscellaneous provisions, establishing the Life with

Parole Reinvestment Fund; and, in Pennsylvania Board of

Probation and Parole, further providing for parole power.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 1102.1(a), (b), (c) and (d) introductory

paragraph of Title 18 of the Pennsylvania Consolidated Statutes

are amended and the section is amended by adding a subsection to

read:

§ 1102.1. Sentence of persons under the age of 18 for murder,

murder of an unborn child and murder of a law

enforcement officer.

(a) First degree murder.--[A] Except as provided under

subsection (a.1)(1), a person who has been convicted after June

24, 2012, of a murder of the first degree[,] or first degree

murder of an unborn child [or murder of a law enforcement

officer of the first degree] and who was under the age of 18 at

the time of the commission of the offense shall be sentenced as

follows:

(1) A person who at the time of the commission of the

offense was 15 years of age or older shall be sentenced to a

term of life imprisonment [without parole], or a term of

imprisonment, the minimum of which shall be at least 35 years

to life.

(2) A person who at the time of the commission of the

offense was under 15 years of age shall be sentenced to a

term of life imprisonment [without parole], or a term of

imprisonment, the minimum of which shall be at least 25 years

to life.

(a.1) Law enforcement officers.--

(1) A person who has been convicted of a murder of a law

enforcement officer of the first degree and who was under 18

years of age at the time of the commission of the offense

shall be sentenced as follows:

(i) A person who at the time of the commission of

the offense was 15 years of age or older shall be

sentenced to a term of life imprisonment without parole,

or a term of imprisonment, the minimum of which shall be

at least 35 years and the maximum of which shall be life

imprisonment.

(ii) A person who at the time of the commission of

the offense was under 15 years of age shall be sentenced

to a term of life imprisonment without parole, or a term

of imprisonment, the minimum of which shall be at least

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25 years and the maximum of which shall be life

imprisonment.

(2) A person who has been convicted of a murder of a law

enforcement officer of the second degree and who was under 18

years of age at the time of the commission of the offense

shall be sentenced as follows:

(i) A person who at the time of the commission of

the offense was 15 years of age or older shall be

sentenced to a term of life imprisonment without parole,

or a term of imprisonment, the minimum of which shall be

at least 30 years and the maximum of which shall be life

imprisonment.

(ii) A person who at the time of the commission of

the offense was under 15 years of age shall be sentenced

to a term of life imprisonment without parole, or a term

of imprisonment, the minimum of which shall be at least

20 years and the maximum of which shall be life

imprisonment.

(b) Notice.--Reasonable notice to the defendant of the

Commonwealth's intention to seek a sentence of life imprisonment

without parole under subsection (a) or (a.1) shall be provided

after conviction and before sentencing.

subsection (a.1)(2), a person who has been convicted after June

24, 2012, of a murder of the second degree[,] or second degree

murder of an unborn child [or murder of a law enforcement

officer of the second degree] and who was under the age of 18 at

the time of the commission of the offense shall be sentenced as

follows:

(1) A person who at the time of the commission of the

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offense was 15 years of age or older shall be sentenced to a

term of imprisonment the minimum of which shall be at least

[30] 20 years to life.

(2) A person who at the time of the commission of the

offense was under 15 years of age shall be sentenced to a

term of imprisonment the minimum of which shall be at least

[20] 15 years to life.

(d) Findings.--In determining whether to impose a sentence

of life without parole under subsection (a) or (a.1), the court

shall consider and make findings on the record regarding the

following:

* * *

Section 2. Section 9714(a)(2) of Title 42 is amended to

read:

§ 9714. Sentences for second and subsequent offenses.

(a) Mandatory sentence.--

* * *

(2) Where the person had at the time of the commission

of the current offense previously been convicted of two or

more such crimes of violence arising from separate criminal

transactions, the person shall be sentenced to a minimum

sentence of at least [25] 20 years of total confinement,

notwithstanding any other provision of this title or other

statute to the contrary. Proof that the offender received

notice of or otherwise knew or should have known of the

penalties under this paragraph shall not be required. Upon

conviction for a third or subsequent crime of violence the

court may[, if it determines that 25 years of total

confinement is insufficient to protect the public safety,]

sentence the offender to a minimum sentence of at least 20

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years of total confinement and a maximum sentence of life

imprisonment [without parole].

* * *

Section 3. Title 61 is amended by adding a section to read:

§ 5908. Life with Parole Reinvestment Fund.

(a) Establishment.--The Life with Parole Reinvestment Fund

is established within the State Treasury to provide funding for

all of the following:

(1) Victim services.

(2) Offender reentry programs.

(3) The supervision of certain paroled offenders.

(b) Savings assessment.--In fiscal years 2020-2021 through

2023-2024, the Office of the Budget shall develop a formula to

calculate the amount of savings to the department in the prior

fiscal year as a result of the reduction in prison population

because of the paroling of offenders previously incarcerated for

life without parole under section 6137(a)(3)(ii) and (iii)

(relating to parole power).

fiscal year thereafter, the amount of savings calculated under

subsection (b) are appropriated to the fund.

(d) Transfers.--In fiscal year 2021-2022 and each fiscal

year thereafter, the money in the fund shall be transferred as

follows:

(1) Twenty-five percent to the Office of Victim Advocate

for victim services programs.

(2) Twenty-five percent to the board for supervision of

offenders under section 6137(a)(3)(ii) and (iii).

(3) Fifty percent to the Pennsylvania Commission on

Crime and Delinquency to provide grants for victim services

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programs and reentry services.

(e) Definitions.--As used in this section, the term "fund"

means the Life with Parole Reinvestment Fund.

Section 4. Section 6137(a)(1) and (3) of Title 61 are

amended and the subsection is amended by adding a paragraph to

read:

§ 6137. Parole power.

(a) General criteria for parole.--

(1) The board may parole subject to consideration of

guidelines established under 42 Pa.C.S. § 2154.5 (relating to

adoption of guidelines for parole) and may release on parole

any inmate to whom the power to parole is granted to the

board by this chapter, except an inmate condemned to death

[or serving life imprisonment], whenever in its opinion:

(i) The best interests of the inmate justify or

require that the inmate be paroled.

(ii) It does not appear that the interests of the

Commonwealth will be injured by the inmate's parole.

* * *

(3) The power to parole granted under this section to

the board may not be exercised in the board's discretion at

any time before, but only after[, the]:

(i) The expiration of the minimum term of

imprisonment fixed by the court in its sentence or by the

Board of Pardons in a sentence which has been reduced by

commutation.

(ii) Notwithstanding 42 Pa.C.S. § 9757 (relating to

consecutive sentences of total confinement for multiple

offenses), 20 years after the date of incarceration

which, in the case of an inmate sentenced to life

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imprisonment, shall include any period of uninterrupted

incarceration occurring prior to trial.

(iii) Except as provided under paragraph (6) and

notwithstanding 42 Pa.C.S. § 9757, 30 years after the

date of incarceration which, in the case of an inmate

sentenced to life imprisonment under 42 Pa.C.S. § 9711

(relating to sentencing procedure for murder of the first

degree), shall include any period of uninterrupted

incarceration occurring prior to trial.

(iv) Thirty-five years after the date of conviction

in the case of an inmate sentenced under 18 Pa.C.S. §

1102.1(a.1)(1) (relating to sentence of persons under the

age of 18 for murder, murder of an unborn child and

murder of a law enforcement officer).

(v) Twenty-five years after the date of conviction

in the case of an inmate sentenced under 18 Pa.C.S. §

1102.1(a.1)(2).

* * *

(6) The board may not consider or grant parole to any

offender sentenced under 18 Pa.C.S. § 1102(b) (relating

to sentence for murder, murder of unborn child and murder of

law enforcement officer) where the victim was a law

enforcement officer.

* * *

Section 5. This act shall take effect in 60 days.

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