In the near future, I intend to introduce legislation to address the Pennsylvania Supreme Court’s recent decision in Commonwealth v. Lee, which struck down Pennsylvania’s mandatory life-without-parole sentencing scheme for second-degree murder, commonly referred to as “felony murder.”

Under current law, a homicide constitutes second-degree murder when it is committed while the defendant is engaged as a principal or an accomplice in the perpetration of certain serious felony offenses (including rape, robbery, kidnapping, and arson), even if the defendant did not specifically intend to kill.  In short, if someone dies during the commission of one of these dangerous felonies, those involved in the underlying crime may be charged with felony murder.

In Lee, the Court held that Pennsylvania’s mandatory life without parole sentence for all second-degree murder convictions is unconstitutional because it fails to account for varying degrees of culpability among defendants.  The Court concluded that imposing the same mandatory sentence on all felony murder defendants, regardless of their role in the killing, violates the Pennsylvania Constitution’s prohibition on cruel punishments.  The Court vacated the defendant’s sentence and stayed its decision for 120 days[1] to allow the General Assembly to enact a constitutionally sound sentencing framework.

At the outset, it is important to correct a common misconception about felony murder cases.  There is a perception that most felony murder defendants were minor participants – such as getaway drivers or lookouts – who had no involvement in the violence that resulted in the victim’s death.  This is simply not the case.  In reality, many – if not most – defendants convicted of felony murder were the actual killer or were deeply involved in the violence that caused the victim’s death.

It is also important to note that many of the felony murder convictions in this Commonwealth involved extraordinarily heinous acts of violence that clearly justified the imposition of life without parole sentences.  For example, in Commonwealth v. Perez,[2] the defendant was convicted of felony murder after raping and killing a 16-month-old infant in Berks County – a crime so disturbing that the General Assembly later adopted a resolution to investigate the circumstances surrounding the child’s abuse and death.  In Commonwealth v. Gatewood,[3] the defendant was convicted of felony murder, rape, burglary, and robbery after killing a 77-year-old woman in Philadelphia.  In Commonwealth v. Sanchez,[4] the defendant was convicted of felony murder after raping and strangling a teenager to death in Philadelphia.

Unfortunately, these cases are not outliers.  There are numerous other felony murder convictions across Pennsylvania involving equally disturbing acts of senseless brutality and sexual violence; vulnerable victims, including children and elderly individuals; and highly culpable offenders.  In many of these cases, defendants were originally charged with first-degree murder but entered guilty pleas to felony murder to avoid the death penalty.  In other cases, prosecutors were able to prove participation in the felony resulting in death but faced challenges in proving specific intent to kill beyond a reasonable doubt.

My legislation will address the Pennsylvania Supreme Court’s constitutional concerns while preserving strong penalties for the most culpable offenders and ensuring that our felony murder law continues to prioritize public safety.  Specifically, my legislation will permit trial courts to impose a sentence of life imprisonment where the defendant knowingly killed the victim or meaningfully participated in the killing of the victim.  At the same time, my legislation will provide courts with appropriate sentencing discretion in cases involving lesser degrees of culpability.    
 
Please join me in cosponsoring this important legislation to better protect our Commonwealth.