Bucks Lawmaker Calls For Action On 2nd-Degree Murder Sentencing

BUCKS COUNTY, PA –A Bucks County lawmaker is calling on state lawmakers from both chambers to address Pennsylvania's second-degree murder sentencing laws before a 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.

State Sen. Frank Farry (R-6) joined Republican lawmakers from both chambers outside his Bucks County office to highlight the need for immediate legislative action.

“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.

“There are 1,100 victims that are no longer with us today in Pennsylvania because of these murderers,” said Sen. Tracy Pennycuick (R-24). “There are countless families that have suffered, and now we’re going to ask them to suffer again and relive the trauma? I am calling on all my colleagues in the House to get back to work and get Senate Bill 1400 across the finish line and take care of our victims and their families.”

“There are so many people, particularly in my community in northeast Philadelphia, who’ve experienced unimaginable trauma,” said Sen. Joe Picozzi (R-5). “And when this deadline passes, without action from the House, they’re going to have to relive some of the most difficult and most traumatizing moments in their lives without clear guidance from Harrisburg. Inaction is a choice. I’m calling on my colleagues to act, act and act. The time is now and we need to get this done.”

“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. Kristin 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.