Bucks Lawmaker Opposes Measure Weakening Sentencing For 2nd-Degree Murder

BUCKS COUNTY, PA – Rep. Kristin Marcell (R-178) voted Thursday against House Bill 1042, saying the legislation fails to provide a strong constitutional sentencing framework for second-degree murder convictions and falls short of protecting public safety and the rights of crime victims.

The vote follows a Pennsylvania Supreme Court ruling that found the state's mandatory sentencing law for second-degree murder unconstitutional because judges were not permitted to consider individual circumstances before imposing sentences. The court gave the General Assembly until July 24 to enact a constitutional sentencing framework.

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Earlier this week, Marcell joined House and Senate Republican colleagues at a Capitol press conference calling on the General Assembly to act before the court's deadline by approving the bipartisan Senate proposal crafted to comply with the ruling while preserving accountability for violent offenders and protecting the rights of crime victims.

Instead, the House approved an amended version of House Bill 1042 that Attorney General Dave Sunday urged lawmakers to reject.

"Pennsylvanians deserved a solution that met the court's directive without compromising public safety or victims' rights," said Marcell. "Instead, the House Democrats passed legislation that Pennsylvania's chief law enforcement officer warned would weaken accountability for violent offenders and create additional uncertainty."

In a letter to members of the House, Sunday warned the legislation contains felony murder penalties that are "grossly inadequate," creates multiple avenues for convicted murderers to seek early release and includes medical release provisions that "will likely overwhelmingly benefit murderers and sexual offenders, while sidelining victims at every turn." He concluded that a proposal offered by the state Senate represented "the only true path" to meeting the Supreme Court's deadline while providing certainty for victims.

"Victims and their families have already suffered unimaginable loss," said Marcell. "Pennsylvanians deserved legislation that would put their safety and the rights of crime victims before the interests of criminals. The changes offered in this bill did the opposite, which is why I could not support it."

Kristin Marcell represents the 178th House District, which includes Northampton Township, Wrightstown Township, Upper Southampton Township, and Warwick Township.