Both officials issued statements this week warning that failure to act before the deadline could create uncertainty for victims, prosecutors and courts while potentially affecting approximately 1,100 inmates currently serving life sentences for second-degree murder.
Second-degree murder, commonly called felony murder, applies when someone dies while a defendant is participating as a principal or accomplice in certain serious crimes, including robbery, rape, arson, burglary or kidnapping. A person can be convicted even if they did not directly cause the death.
Earlier this year, the Pennsylvania Supreme Court ruled in Commonwealth v. Lee that the state’s mandatory life-without-parole sentence for second-degree murder was unconstitutional because judges could not consider a defendant’s level of involvement in the crime.
The court gave the General Assembly 120 days to revise the law before the ruling takes effect July 24.
The state Senate passed Senate Bill 1400 in June by a bipartisan 30-20 vote. The legislation would establish a mandatory minimum sentence of 35 years for second-degree murder, with certain exceptions based on an offender’s circumstances and level of involvement.
The bill would also establish a process through the Pennsylvania Parole Board for people already serving life sentences for second-degree murder. That process would include opportunities for victims and their families to participate.
Argall, R-29, voted for the legislation and called on the House to move it forward.
“The Senate took bipartisan action in June to ensure those who commit these serious, sometimes horrific crimes are not let off the hook by lenient judges,” Argall said. “Simply doing nothing is an insult to the families whose lives were forever changed by the actions of these individuals.”
Argall’s office said more than 1,150 people could be affected by the ruling. The Attorney General’s Office estimated that approximately 1,100 Pennsylvania inmates are currently serving life sentences following second-degree murder convictions.
Sunday said the Senate proposal was developed with input from his office and would distinguish between offenders based on their level of involvement while maintaining substantial penalties and protections for victims.
“Inaction is not an option, in fact it is dangerous,” Sunday said. “The Senate has already responded to the Court’s decision with a thoughtful proposal — one that my office was consulted on and that reflects sound policy.”
Sunday warned that without legislation, there would be no updated sentencing parameters in place when the ruling takes effect. He said some inmates could receive new sentences that make them eligible for immediate release, potentially requiring victims’ families to again participate in cases they believed had been resolved.
“At this point, we are awaiting for the House to respond to a mandate by the Pennsylvania Supreme Court,” Sunday said. “Failing to act would leave our communities and victims without needed protections, and it is important that we move forward collaboratively to ensure a responsible solution.”
The legislation is awaiting action in the House Judiciary Committee.
State Rep. Frank Burns, a Democrat, recently circulated a co-sponsorship memorandum for legislation that the Attorney General’s Office said mirrors Senate Bill 1400, indicating interest in a potential bipartisan solution.
Sunday called on Gov. Josh Shapiro to convene discussions among the four legislative caucuses, the Attorney General’s Office, the Pennsylvania Office of Victim Advocate and other stakeholders if lawmakers cannot reach an agreement.
“It is dangerously inadequate for the House to allow the deadline to pass without a substantive and realistic proposal that includes sensible sentencing ranges with the option of a life sentence for the most serious offenders and protections for the victims of these horrible crimes,” Sunday said.