LANGHORNE –– Sen. Frank Farry (R-6) today hosted Republican lawmakers from both chambers outside his Langhorne district office to highlight the need for immediate legislative action to address Pennsylvania’s second-degree murder sentencing laws before the court-imposed deadline of July 24.
In March, the Pennsylvania Supreme Court ruled in Commonwealth v. Lee that Pennsylvania’s sentencing scheme for second-degree murder was unconstitutional because it required a mandatory sentence of life without parole without allowing courts to consider an individual’s level of culpability. The case involved Derek Lee, who was convicted of second-degree murder for his role in a fatal robbery but did not personally kill the victim. The court stayed its ruling for 120 days, giving the General Assembly until July 24 to enact a constitutional remedy. If lawmakers fail to act before the deadline, Pennsylvania’s current sentencing framework will be invalidated.
“Public safety and justice for crime victims should never become collateral damage because of legislative inaction,” Farry said. “The Senate has done its job by passing legislation that complies with the court’s ruling while ensuring individuals convicted of second-degree murder continue to face serious consequences. The House must return to session immediately to finish the job before the deadline.”
Pennsylvania Attorney General Dave Sunday has warned that without legislative action, courts could be required to resentence hundreds of individuals convicted of second-degree murder under a sentencing statute that has been ruled unconstitutional. Approximately 1,100 inmates are currently serving mandatory life sentences for second-degree murder, and the absence of a new sentencing framework could create significant legal uncertainty for prosecutors while forcing victims’ families to endure resentencing proceedings.
Members of the DeGennaro family attended the event in support of the lawmakers’ efforts. Danny DeGennaro, a Bucks County musician, was killed during a 2011 armed robbery.
Senate Bill 1400, which passed the Senate with bipartisan support, would establish a constitutional sentencing framework for future second-degree murder convictions while creating a balanced parole review process for individuals currently serving mandatory life sentences. The legislation also strengthens victims’ rights by ensuring they are notified and given meaningful opportunities to participate in any parole or resentencing proceedings.
The language of Senate Bill 1400 was amended into House Bill 1042. The House could pass House Bill 1042 in one voting day.
Joining Farry were Senate and House Republican lawmakers who echoed the call for House Democratic leadership to reconvene the chamber and bring the Senate-passed legislation up for a vote before the looming deadline.
“This bill deals with serious criminals convicted in cases where an innocent person was killed during a robbery, rape, kidnapping, burglary, arson or another violent felony. These are not minor offenses”, said Sen. Tracy Pennycuick (R-24). “This legislation strikes the right balance. It complies with the Supreme Court’s ruling, protects the constitutional rights of defendants, preserves judicial discretion, and most importantly, prioritizes public safety and the rights of crime victims. Pennsylvania’s citizens deserve a criminal justice system that protects the public, delivers justice for victims, and holds violent offenders accountable. The House should pass Senate Bill 1400 without delay.”
“Victims and their families have already endured enough trauma,” Sen. Joe Picozzi (R-5) said. “With just three days left before the court’s deadline, inaction is a choice. We owe victims certainty, accountability, and justice – not confusion and inconsistency. The House must pass Senate Bill 1400 before it’s too late”.
“Even though Attorney General Dave Sunday has pleaded for help with this issue, his calls have gone unanswered,” Rep. Martina White (R-170) said. “My colleagues in the House have failed to pass legislation despite instructions from the Pennsylvania Supreme Court to establish a new sentencing framework before July 24.”
“Many of these inmates serving life sentences could seek resentencing, with some potentially becoming eligible for immediate release before a comprehensive legal process is in place. This is unconscionable,” said Rep. Joe Hogan (R-142).
“Those convicted of one of the most heinous acts should not have access to a potential loophole that would put them back on our streets,” said Rep. Kristein Marcell (R-178).
“The families of crime victims deserve accountability and the assurance that their voices will be heard,” Rep. Shelby Labs (R-143) said. “Failing to act before July 24 creates unnecessary uncertainty at the expense of victims and public safety.”
The bill sits in the House Judiciary Committee. Republican lawmakers said they stand ready to act immediately to ensure Pennsylvania maintains meaningful penalties for second-degree murder while complying with the Pennsylvania Supreme Court’s decision.