HARRISBURG –– Sen. Frank Farry (R-6), along with Reps. Kristin Marcell (R-178), Shelby Labs (R-143), K.C. Tomlinson (R-18), Joe Hogan (R-142) and Craig Staats (R-145) released the following statement and fact sheet regarding second-degree murder legislation:
“The House had every opportunity to act responsibly and send the Senate’s bipartisan second-degree felony murder legislation to the governor’s desk before the Pennsylvania Supreme Court’s deadline, which is today. Instead, House Democrats chose eleventh-hour political theater over public safety.
“The Senate didn’t wait until the last minute. We acted early and we acted twice. Our chamber passed bipartisan legislation by a 30-20 vote to establish a constitutional sentencing framework that complies with the court’s ruling while preserving meaningful accountability for violent offenders. Our legislation has the support of Pennsylvania Attorney General Dave Sunday, the Pennsylvania Fraternal Order of Police and the Pennsylvania District Attorneys Association because it strikes the right balance between complying with the law and protecting our communities.
“Let’s be clear about who we’re talking about. These individuals were already committing dangerous felonies when someone was killed. They are not low-level offenders. They are convicted second-degree murderers whose criminal actions resulted in the loss of innocent life.
“Instead of advancing the Senate’s carefully crafted legislation, House Democrats gutted it and replaced it with language Pennsylvania Attorney General Sunday has warned contains grossly inadequate penalties and even creates opportunities for convicted murderers to seek medical release. The revised measure weakens the standards for medical release, allowing qualifying illnesses to be determined by individuals who are not physicians and creating additional pathways for violent offenders to seek release. Put simply, under the House language, someone convicted of killing a police officer could seek medical release for conditions such as asthma or GERD.
“Since the House took that action, the Pennsylvania Attorney General, the Pennsylvania Fraternal Order of Police and the Pennsylvania State Troopers Association have all come out in opposition to the House language, while the Pennsylvania District Attorneys Association has made clear it does not support the proposal.
“The contrast couldn’t be clearer. House Democrats chose to side with dangerous criminals and the progressive extremes. Senate Republicans are standing with victims’ families and the law enforcement officers who risk their lives every day to keep our communities safe.
“Pennsylvanians deserve serious policymaking, not political theater. The safety of our communities and justice for victims is on the line.”
BACKGROUND: SECOND-DEGREE FELONY MURDER LEGISLATION
Why was legislation needed?
The Pennsylvania Supreme Court ruled that Pennsylvania’s mandatory sentence of life without parole for certain second-degree felony murder convictions is unconstitutional. The court imposed a deadline for the General Assembly to enact a new sentencing framework before its ruling takes effect.
Without legislative action, prosecutors, victims’ families and the courts would face significant uncertainty in pending and future second-degree felony murder cases.
How did the Senate respond?
The Senate acted well before the court-imposed deadline:
- The Senate twice passed bipartisan legislation, once in June and again in early July, to address the Pennsylvania Supreme Court’s ruling.
- The legislation passed the Senate by a 30-20 bipartisan vote.
- The bills established a constitutional sentencing framework while preserving meaningful penalties and accountability for offenders whose actions resulted in the loss of life during the commission of a felony.
- The legislation was sent to the House with ample time for consideration before the court’s deadline of July 24, 2026.
What did the House do?
Rather than advancing the Senate’s bipartisan legislation, House Democrats amended unrelated legislation at the eleventh hour by removing the Senate’s public safety provisions and replacing them with new language addressing second-degree felony murder, along with unrelated medical release provisions.
The second provision allows all convicted criminals the opportunity for early release before fully serving their sentence.
The House’s first legislative action came on Day 119, just one day before the Pennsylvania Supreme Court’s deadline, rather than through the normal legislative process.
Why is the House language concerning?
Pennsylvania Attorney General Dave Sunday wrote a letter urging House members to oppose the amended legislation, stating it:
- Contains second-degree felony murder penalties that are “grossly inadequate.”
- Allows convicted murderers to seek early release through multiple avenues by “forum shopping.”
- Includes broad medical release provisions that could benefit violent offenders, including murderers and sex offenders.
- Fails to adequately protect victims and provides minimal opportunities for victim participation.
- Was assembled at the last minute without transparency, meaningful stakeholder input or feedback from the victims’ families.
The Senate’s bipartisan legislation has received support from:
- Pennsylvania Attorney General Dave Sunday
- Pennsylvania Fraternal Order of Police
- Pennsylvania District Attorneys Association
Following the House amendment, key public safety stakeholders opposed the House-passed language:
- Pennsylvania Attorney General Dave Sunday – Opposed the House language, warning it weakens accountability for violent offenders and fails victims.
- Pennsylvania Fraternal Order of Police – Opposed the House language.
- Pennsylvania State Troopers Association – Opposed the House language.
- Pennsylvania District Attorneys Association – Not supportive of the House language.
Bottom Line
The Senate timely twice passed bipartisan legislation to comply with the Pennsylvania Supreme Court’s deadline while preserving meaningful penalties for second-degree felony murder and protecting victims’ rights.
Rather than advancing that legislation, House Democrats chose to replace it with last-minute language opposed by Pennsylvania’s top law enforcement leaders and public safety organizations. The Pennsylvania Attorney General, Fraternal Order of Police, Pennsylvania State Troopers Association and Pennsylvania District Attorneys Association have all expressed opposition or lack of support for the House-passed language, reinforcing concerns that it weakens accountability for violent offenders and puts politics ahead of public safety.
What’s Next
Due to the House Democrats’ failures, more than 1,100 convicted murders will now be able to have their sentences reduced or released back into our communities. It is important to note: All these murders either pled guilty to murder or were found guilty of murder by a jury without the possibility of parole.
As a result, our communities may become less safe, and the families of murder victims may be forced to relive some of the most painful moments of their lives knowing the person responsible for taking their loved one’s life is no longer serving a life sentence and could one day be released. That individual would regain freedom and opportunities that the murder victims will never have.