LOWER BUCKS COUNTY, PA – A Lower 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 on Friday.
State Sen. Frank Farry (R-6) joined Republican lawmakers from both chambers outside his 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.”
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.
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.
About 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.
“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 State Rep. Joe Hogan (R-142).
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.
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.
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