PRINTER'S NO. 704
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
135
Session of
2019
INTRODUCED BY STREET, FARNESE, COSTA, HUGHES, LEACH, HAYWOOD,
SCHWANK AND KEARNEY, MAY 1, 2019
REFERRED TO JUDICIARY, MAY 1, 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
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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
25 years and the maximum of which shall be life
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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.
(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
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.
(c) Second degree murder.--[A] Except as provided under
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
offense was 15 years of age or older shall be sentenced to a
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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
years of total confinement and a maximum sentence of life
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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).
(c) Appropriations.--In fiscal year 2020-2021 and each
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
programs and reentry services.
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(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
imprisonment, shall include any period of uninterrupted
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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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