House Failed to Address Second-Degree Felony Murder Following Commonwealth v. Lee
HARRISBURG – Sen. Kristin Phillips-Hill (R-York) released the following statement after the Pennsylvania House of Representatives failed to protect Pennsylvania communities by refusing to allow a vote on bipartisan legislation passed twice by the Senate of Pennsylvania:
“On the day before the Pennsylvania Supreme Court’s deadline, the House of Representatives came back into session and failed miserably to address this issue. Rather than passing bipartisan legislation twice passed by the Senate of Pennsylvania, which would have sent the bill directly to the governor’s desk to be signed into law, House Democratic leadership refused to allow a vote on the issue. Instead, they amended the bill to appease their far-left base, which set no mandatory minimum, and would allow for ‘medical release’ of violent criminals for health issues ranging from asthma to acid reflux.
“Senate Bill 1400 and House Bill 1042 (prior to House amendments) are responsible, thoughtful and bipartisan solutions which would have satisfied the Pennsylvania Supreme Court’s decision. It is a shame House Democrats have decided to play politics with the safety and well-being of victim families and our communities. This sets Pennsylvania back, makes our communities less safe, and is an insult to victims.”
You can watch Phillips-Hill’s remarks here.
Background:
On March 26, the Pennsylvania Supreme Court ruled the state’s sentencing guideline for second-degree murder was unconstitutional. The court gave the legislature until July 24 to enact new guidelines. Second-degree murder, sometimes referred to as felony murder, is used when an individual is killed during the commission of a felonious act, such as rape, kidnapping, or burglary.
On June 12 and 25, the Senate of Pennsylvania passed two bipartisan measures to address the Supreme Court’s ruling, Senate Bill 1400 and House Bill 1042. Both bills were created with input and support from Pennsylvania Attorney General Dave Sunday, the Pennsylvania Fraternal Order of Police (PA FOP), the Pennsylvania State Troopers Association (PSTA), the Pennsylvania District Attorneys Association, and victim advocates.
On July 23, the day before the Pennsylvania Supreme Court’s deadline, the House of Representatives reconvened to address the matter. House Democrats amended the bill to appease their far-left members, resulting in legislation which will not go the distance.
More than 1,100 inmates serving a life sentence for second-degree murder are eligible to petition the court for resentencing. Without legislative guidance, judges may now release these individuals back into the communities they once terrorized.
What Law Enforcement Leaders are Saying about the House-Passed Version:
“[I]t contains felony-murder penalties that are grossly inadequate; it would allow convicted murderers to forum shop for early release; and its unrelated provisions pertaining to medical release would let first-degree murderers and sex offenders qualify for early release based on conditions that are broad and vague and ultimately wholly inappropriate.”
- Pennsylvania Attorney General Dave Sunday
“As written, these qualifying illnesses could be determined by non-physicians and physicians who are not even treating the inmate. The provisions now contained in House Bill 1042 blow the gates wide open to allow for early release of convicted felons due to so-called medical reasons without any rational or reasonable connection to an actual end of life proximity.”
- PA FOP and PSTA
Sen. Kristin Phillips-Hill (R-York) speaks at a news conference with Pennsylvania Attorney General Dave Sunday, Lancaster County District Attorney Heather Adams, Lancaster County Victim and Witness Services Director Deanna Weaver, and Senate Appropriations Committee Chairman Scott Martin, where they called on the House of Representatives to pass responsible, thoughtful and bipartisan legislation to address the issue and protect victims.
CONTACT: Anders Thoman, 717-741-4648