HARRISBURG — Sen. Lisa Baker (R-20), chair of the Senate Judiciary Committee, along with Sen. Wayne Langerholc (R-35) and Pennsylvania Attorney General David Sunday announced the Senate’s approval of their legislation updating Pennsylvania’s sentencing laws for second-degree murder in response to a recent court decision. Under Pennsylvania law, second-degree murder — also known as felony murder — applies when a death occurs during the commission of certain felonies, even if the defendant did not directly cause the killing.
“The flaw was in the law, not in the prosecution. True justice requires respecting the rights of both victims’ families and those charged with serious crimes,” Baker said. “This legislation honors the families who saw sentences lawfully imposed under the rules in place at the time and who expected those penalties to reflect the severity of the offense. By creating a fair and thoughtful process, we uphold their desire for lasting protection while continuing to safeguard our communities.”
Senate Bill 1400 establishes a constitutionally sound sentencing framework that preserves accountability for serious crimes while ensuring individualized sentencing determinations. The legislation recognizes varying degrees of participation in felony murder cases while continuing to prioritize public safety and victims’ rights.
“The House must concur on Senate Bill 1400 immediately to prevent a dangerous collapse of public safety in the commonwealth,” said Langerholc. “Every day without action heightens the risk to communities across Pennsylvania. The consequences of inaction are severe, imminent and entirely avoidable.”
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, leading the court to conclude that an automatic life-without-parole sentence violated constitutional protections because it did not allow consideration of individual culpability.
The court stayed its ruling for 120 days, giving the General Assembly until July 24 to enact a constitutional remedy before the existing sentencing framework is invalidated.
“As someone who has tried second-degree murder cases, Senate Bill 1400 is critical to ensuring that people who are convicted of these crimes are brought to justice and receive an appropriate sentence based on an assessment of their individual culpability for the crime,” Sunday said. “As this process moves forward, we must remember the victims, who lost a loved one in often times horrific ways, and ensure their voices are heard in the processes we create. Senate Bill 1400 does this while responsibly responding to the court’s order.”
The bill now advances to the House of Representatives for consideration.
