Pennsylvania lawmakers have yet to set constitutional sentencing guidelines for second-degree murder
With one day left, there are still no constitutional sentencing guidelines for the Pennsylvania judicial system when it comes to felony murder.
The Pennsylvania House of Representatives narrowly passed a bill by two votes late Thursday afternoon with amendments to a bill passed in the Senate. They're revisions that were added and approved just hours earlier in the House Rules Committee that go beyond the assignment placed on the General Assembly by the state Supreme Court.
"The House could have passed this bill cleanly this morning, and by now it could already be sitting on the governor's desk, awaiting his signature. Instead, after months of delay, the House majority chose to complicate the bill," Rep. Martina White (R) of the 170th District said.
It was back in March when the top court found that life without parole for second-degree murder was unconstitutional under Pennsylvania law. This charge, also known as felony murder, is used when someone participates in a violent crime that ends in death.
The decision stemmed from the case against Derek Lee, who is currently serving a sentence of mandatory life in prison for felony murder after a jury convicted him of the 2014 killing of Leonard Butler in Pittsburgh's West End. Lee was an accomplice during a robbery when Butler was killed.
But the state's top court didn't say whether this ruling is retroactive and would apply to everybody who's ever been sentenced under this charge. Instead, they gave lawmakers 120 days to decide on the mandatory minimum.
Friday is the last day, and without any legislation, 1,100 people incarcerated in the state could begin to petition the courts to review their cases for resentencing. On Thursday, Allegheny County District Attorney Stephen Zappala, who prosecuted Lee's case, petitioned the court for an additional 120 days for lawmakers to decide.
"Legislation affecting those convicted of the most serious crimes should be thoroughly vetted, not rushed through with a major amendment the day of the vote," Rep. Andrea Verobish (R) of the 79th District said.
Thursday's amendments rewrite the state's medical release law, allowing judges to shorten sentences for inmates who are terminally ill or seriously disabled. It applies to any inmate and not just those convicted of felony murder. A motion to go back to the original bill without these revisions failed, with Democrats saying the bill won't allow anyone to be automatically released.
"Not only is there language here that says that anyone who is eligible must be verified by a medical professional, it also must be verified and approved by our judicial branch," Rep. Rick Krajewski (D) of the 188th District said.
A spokesperson for Gov. Josh Shapiro released the following statement to KDKA:
"Today, the House took important action prior to the court-imposed deadline by passing a package to address this issue and it's time for Senate Republicans to return to Harrisburg and bring this matter to conclusion rather than grandstand. While some have played politics and suggested 1,100 people could be immediately released from prison — that is simply not true. It's time to end the politicization and demagoguery and instead work to provide individualized sentencing within a predictable and consistent framework."
However, as of now, a spokesperson for Senate President Pro Tempore Kim Ward did not share any timeline to return.
"Let's get in a place where we collectively can work together to make sure that defendants receive their due process and at the same time make sure that victims' families have a voice," Pennsylvania Attorney General Dave Sunday said.
