Pennsylvania lawmakers recess without fixing unconstitutional murder sentences

• Pennsylvania lawmakers recessed Sunday without passing legislation to fix the state’s unconstitutional sentencing scheme for second-degree murder.
• The state Supreme Court’s July 24 deadline to rewrite the law, set after the March ruling in Commonwealth v. Lee, is now likely to be missed.
• The March ruling found mandatory life without parole for second-degree murder to be unnecessarily cruel under the Pennsylvania Constitution; MSI previously reported that the decision could affect roughly 1,000 inmates.
• The state Senate twice attempted to advance a bill creating 35-year mandatory minimums, but House lawmakers, including Rep. Tim Briggs, have called the proposal too punitive.

Roughly 1,000 inmates remain in limbo as Supreme Court’s July 24 deadline nears

Pennsylvania lawmakers recessed Sunday without passing legislation to fix the commonwealth’s unconstitutional sentencing scheme for second-degree murder, making it increasingly likely they will miss a deadline set by the state Supreme Court and leave the issue in limbo. The court in March ruled that mandatory life without parole for second-degree murder is unnecessarily cruel under the Pennsylvania Constitution and gave lawmakers until July 24 to rewrite the sentencing laws.

The ruling, in Commonwealth v. Lee, struck down a sentencing practice that automatically imposed life without parole for killings that occur during the course of a violent felony, such as robbery, rape, or arson, even when the defendant did not directly cause the death. MSI previously reported that the decision could affect roughly 1,000 inmates serving life without parole for second-degree murder.

The state Senate twice tried to advance a version of a proposal that would create 35-year mandatory minimum sentences for adults convicted of second-degree murder, with few exceptions, as well as a pathway to release for those already serving. However, the House has not taken up the measure, and state Rep. Tim Briggs, a Montgomery County Democrat and a key House lawmaker on criminal justice issues, told Spotlight PA the proposal is too punitive.

With the Legislature now in recess and the July 24 deadline fast approaching, the sentencing scheme remains in place, and the roughly 1,000 inmates affected by the ruling continue to wait for clarity.