PRINTER'S NO. 960
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 888
Session of
2025
INTRODUCED BY DIAMOND, M. BROWN, HANBIDGE, D'ORSIE, WAXMAN,
DAVIDSON AND KHAN, MARCH 17, 2025
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 17, 2025
AN ACT
1 Amending Titles 18 (Crimes and Offenses), 42 (Judiciary and
2 Judicial Procedure) and 61 (Prisons and Parole) of the
3 Pennsylvania Consolidated Statutes, in authorized disposition
4 of offenders, further providing for sentence for murder,
5 murder of unborn child and murder of law enforcement officer;
6 in arson, criminal mischief and other property destruction,
7 further providing for the offense of arson and related
8 offenses; in jurisdiction of appellate courts, further
9 providing for direct appeals from courts of common pleas; in
10 post-trial matters, further providing for postconviction DNA
11 testing and for disposition and appeal; in sentencing,
12 further providing for sentencing procedure for murder of the
13 first degree; and, in execution procedure and method,
14 repealing provisions relating to issuance of warrant.
15 The General Assembly of the Commonwealth of Pennsylvania
16 hereby enacts as follows:
17 Section 1. Sections 1102(a) and 3301(b)(1) of Title 18 of
18 the Pennsylvania Consolidated Statutes are amended to read:
19 § 1102. Sentence for murder, murder of unborn child and murder
20 of law enforcement officer.
21 (a) First degree.--
22 (1) Except as provided under section 1102.1 (relating to
23 sentence of persons under the age of 18 for murder, murder of
24 an unborn child and murder of a law enforcement officer), a
 1 person who has been convicted of a murder of the first degree
2 or of murder of a law enforcement officer of the first degree
3 shall be sentenced to [death or to] a term of life
4 imprisonment in accordance with 42 Pa.C.S. § 9711 (relating
5 to sentencing procedure for murder of the first degree).
6 (2) The sentence for a person who has been convicted of
7 first degree murder of an unborn child shall be the same as
8 the sentence for murder of the first degree.[, except that
9 the death penalty shall not be imposed. This paragraph shall
10 not affect the determination of an aggravating circumstance
11 under 42 Pa.C.S. § 9711(d)(17) for the killing of a pregnant
12 woman.]
13 * * *
14 § 3301. Arson and related offenses.
15 * * *
16 (b) Sentence.--
17 (1) A person convicted of violating the provisions of
18 subsection (a)(2), murder of the first degree[,] or second
19 degree shall be sentenced to [death or] life imprisonment
20 without right to parole[; a person convicted of murder of the
21 second degree, pursuant to subsection (a)(2), shall be
22 sentenced to life imprisonment without right to parole].
23 Notwithstanding provisions to the contrary, no language
24 herein shall infringe upon the inherent powers of the
25 Governor to commute said sentence.
26 * * *
27 Section 2. Sections 722(4), 9543.1(a)(6), (c)(2) and (3) and
28 (d)(2), 9577(a) and 9711 of Title 42 are amended to read:
29 § 722. Direct appeals from courts of common pleas.
30 The Supreme Court shall have exclusive jurisdiction of
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 1 appeals from final orders of the courts of common pleas in the
2 following classes of cases:
3 * * *
4 (4) Automatic review of sentences as provided by 42
5 Pa.C.S. [§§ 9546(d) (relating to relief and order) and
6 9711(h) (relating to review of death sentence)] § 9546(d)
7 (relating to relief and order).
8 * * *
9 § 9543.1. Postconviction DNA testing.
10 (a) Motion.--
11 * * *
12 (6) The motion shall explain how, after review of the
13 record of the applicant's trial, there is a reasonable
14 possibility if the applicant is under State supervision, or
15 there is a reasonable probability if the applicant is not
16 under State supervision, or after review of the record of the
17 applicant's guilty plea there is a reasonable probability,
18 that the testing would produce exculpatory evidence that
19 would establish:
20 (i) the applicant's actual innocence of the offense
21 for which the applicant was convicted;
22 [(ii) in a capital case, the applicant's actual
23 innocence of the charged or uncharged conduct
24 constituting an aggravating circumstance under section
25 9711(d) (relating to sentencing procedure for murder of
26 the first degree) if the applicant's exoneration of the
27 conduct would result in vacating a sentence of death; or
28 (iii) in a capital case, a mitigating circumstance
29 under section 9711(e)(7) under the circumstances set
30 forth in section 9711(c)(1)(iv)].
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 1 * * *
2 (c) Requirements.--In any motion under subsection (a), under
3 penalty of perjury, the applicant shall:
4 * * *
5 (2) (i) in a sworn statement subject to the penalties
6 under 18 Pa.C.S. §§ 4902 (relating to perjury) and 4903
7 (relating to false swearing), assert the applicant's
8 actual innocence of the offense for which the applicant
9 was convicted and that the applicant seeks DNA testing
10 for the purpose of demonstrating the applicant's actual
11 innocence; and
12 [(ii) in a capital case:
13 (A) assert the applicant's actual innocence of
14 the charged or uncharged conduct constituting an
15 aggravating circumstance under section 9711(d) if the
16 applicant's exoneration of the conduct would result
17 in vacating a sentence of death; or
18 (B) assert that the outcome of the DNA testing
19 would establish a mitigating circumstance under
20 section 9711(e)(7) if that mitigating circumstance
21 was presented to the sentencing judge or jury and
22 facts as to that issue were in dispute at the
23 sentencing hearing.]
24 (3) present a prima facie case demonstrating that the:
25 (i) identity of or the participation in the crime by
26 the perpetrator was at issue in the proceedings that
27 resulted in the applicant's conviction and sentencing;
28 and
29 (ii) DNA testing of the specific evidence, assuming
30 exculpatory results, would establish:
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 1 (A) the applicant's actual innocence of the
2 offense for which the applicant was convicted;
3 [(B) in a capital case, the applicant's actual
4 innocence of the charged or uncharged conduct
5 constituting an aggravating circumstance under
6 section 9711(d) if the applicant's exoneration of the
7 conduct would result in vacating a sentence of death;
8 or
9 (C) in a capital case, a mitigating circumstance
10 under section 9711(e)(7) under the circumstances set
11 forth in section 9711(c)(1)(iv).]
12 (d) Order.--
13 * * *
14 (2) The court shall not order the testing requested in a
15 motion under subsection (a) if, after review of the record of
16 the applicant's trial, the court determines that there is no
17 reasonable possibility for an applicant under State
18 supervision, or there is no reasonable probability for an
19 applicant not under State supervision, or after review of the
20 record of the applicant's guilty plea, the court determines
21 that there is no reasonable probability, that the testing
22 would produce exculpatory evidence that:
23 (i) would establish the applicant's actual innocence
24 of the offense for which the applicant was convicted;
25 [(ii) in a capital case, would establish the
26 applicant's actual innocence of the charged or uncharged
27 conduct constituting an aggravating circumstance under
28 section 9711(d) if the applicant's exoneration of the
29 conduct would result in vacating a sentence of death; or
30 (iii) in a capital case, would establish a
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 1 mitigating circumstance under section 9711(e)(7) under
2 the circumstances set forth in section 9711(c)(1)(iv).]
3 * * *
4 § 9577. Disposition and appeal.
5 [(a) Capital unitary review.--Review by the Supreme Court
6 under section 9711(h) (relating to review of death sentence)
7 shall comprise direct appeal and collateral appeal. The common
8 pleas court order disposing of the petition under this
9 subchapter shall constitute the final judgment for purposes of
10 this review.]
11 * * *
12 § 9711. Sentencing procedure for murder of the first degree.
13 [(a) Procedure in jury trials.--
14 (1)] After a verdict of murder of the first degree is
15 recorded [and before the jury is discharged], the court shall
16 [conduct a separate sentencing hearing in which the jury
17 shall determine whether the defendant shall be sentenced to
18 death or] sentence the defendant to life imprisonment.
19 [(2) In the sentencing hearing, evidence concerning the
20 victim and the impact that the death of the victim has had on
21 the family of the victim is admissible. Additionally,
22 evidence may be presented as to any other matter that the
23 court deems relevant and admissible on the question of the
24 sentence to be imposed. Evidence shall include matters
25 relating to any of the aggravating or mitigating
26 circumstances specified in subsections (d) and (e), and
27 information concerning the victim and the impact that the
28 death of the victim has had on the family of the victim.
29 Evidence of aggravating circumstances shall be limited to
30 those circumstances specified in subsection (d).
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 1 (3) After the presentation of evidence, the court shall
2 permit counsel to present argument for or against the
3 sentence of death. The court shall then instruct the jury in
4 accordance with subsection (c).
5 (4) Failure of the jury to unanimously agree upon a
6 sentence shall not impeach or in any way affect the guilty
7 verdict previously recorded.
8 (b) Procedure in nonjury trials and guilty pleas.--If the
9 defendant has waived a jury trial or pleaded guilty, the
10 sentencing proceeding shall be conducted before a jury impaneled
11 for that purpose unless waived by the defendant with the consent
12 of the Commonwealth, in which case the trial judge shall hear
13 the evidence and determine the penalty in the same manner as
14 would a jury as provided in subsection (a).
15 (c) Instructions to jury.--
16 (1) Before the jury retires to consider the sentencing
17 verdict, the court shall instruct the jury on the following
18 matters:
19 (i) The aggravating circumstances specified in
20 subsection (d) as to which there is some evidence.
21 (ii) The mitigating circumstances specified in
22 subsection (e) as to which there is some evidence.
23 (iii) Aggravating circumstances must be proved by
24 the Commonwealth beyond a reasonable doubt; mitigating
25 circumstances must be proved by the defendant by a
26 preponderance of the evidence.
27 (iv) The verdict must be a sentence of death if the
28 jury unanimously finds at least one aggravating
29 circumstance specified in subsection (d) and no
30 mitigating circumstance or if the jury unanimously finds
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 1 one or more aggravating circumstances which outweigh any
2 mitigating circumstances. The verdict must be a sentence
3 of life imprisonment in all other cases.
4 (v) The court may, in its discretion, discharge the
5 jury if it is of the opinion that further deliberation
6 will not result in a unanimous agreement as to the
7 sentence, in which case the court shall sentence the
8 defendant to life imprisonment.
9 (2) The court shall instruct the jury that if it finds
10 at least one aggravating circumstance and at least one
11 mitigating circumstance, it shall consider, in weighing the
12 aggravating and mitigating circumstances, any evidence
13 presented about the victim and about the impact of the murder
14 on the victim's family. The court shall also instruct the
15 jury on any other matter that may be just and proper under
16 the circumstances.
17 (d) Aggravating circumstances.--Aggravating circumstances
18 shall be limited to the following:
19 (1) The victim was a firefighter, peace officer, public
20 servant concerned in official detention, as defined in 18
21 Pa.C.S. § 5121 (relating to escape), judge of any court in
22 the unified judicial system, the Attorney General of
23 Pennsylvania, a deputy attorney general, district attorney,
24 assistant district attorney, member of the General Assembly,
25 Governor, Lieutenant Governor, Auditor General, State
26 Treasurer, State law enforcement official, local law
27 enforcement official, Federal law enforcement official or
28 person employed to assist or assisting any law enforcement
29 official in the performance of his duties, who was killed in
30 the performance of his duties or as a result of his official
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 1 position.
2 (2) The defendant paid or was paid by another person or
3 had contracted to pay or be paid by another person or had
4 conspired to pay or be paid by another person for the killing
5 of the victim.
6 (3) The victim was being held by the defendant for
7 ransom or reward, or as a shield or hostage.
8 (4) The death of the victim occurred while defendant was
9 engaged in the hijacking of an aircraft.
10 (5) The victim was a prosecution witness to a murder or
11 other felony committed by the defendant and was killed for
12 the purpose of preventing his testimony against the defendant
13 in any grand jury or criminal proceeding involving such
14 offenses.
15 (6) The defendant committed a killing while in the
16 perpetration of a felony.
17 (7) In the commission of the offense the defendant
18 knowingly created a grave risk of death to another person in
19 addition to the victim of the offense.
20 (8) The offense was committed by means of torture.
21 (9) The defendant has a significant history of felony
22 convictions involving the use or threat of violence to the
23 person.
24 (10) The defendant has been convicted of another Federal
25 or State offense, committed either before or at the time of
26 the offense at issue, for which a sentence of life
27 imprisonment or death was imposable or the defendant was
28 undergoing a sentence of life imprisonment for any reason at
29 the time of the commission of the offense.
30 (11) The defendant has been convicted of another murder
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 1 committed in any jurisdiction and committed either before or
2 at the time of the offense at issue.
3 (12) The defendant has been convicted of voluntary
4 manslaughter, as defined in 18 Pa.C.S. § 2503 (relating to
5 voluntary manslaughter), or a substantially equivalent crime
6 in any other jurisdiction, committed either before or at the
7 time of the offense at issue.
8 (13) The defendant committed the killing or was an
9 accomplice in the killing, as defined in 18 Pa.C.S. § 306(c)
10 (relating to liability for conduct of another; complicity),
11 while in the perpetration of a felony under the provisions of
12 the act of April 14, 1972 (P.L.233, No.64), known as The
13 Controlled Substance, Drug, Device and Cosmetic Act, and
14 punishable under the provisions of 18 Pa.C.S. § 7508
15 (relating to drug trafficking sentencing and penalties).
16 (14) At the time of the killing, the victim was or had
17 been involved, associated or in competition with the
18 defendant in the sale, manufacture, distribution or delivery
19 of any controlled substance or counterfeit controlled
20 substance in violation of The Controlled Substance, Drug,
21 Device and Cosmetic Act or similar law of any other state,
22 the District of Columbia or the United States, and the
23 defendant committed the killing or was an accomplice to the