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Pennsylvania Confronts Gap in Murder Sentencing With Court Stay Ending Friday

An extension request from Allegheny County's district attorney seeks 120 more days to avoid inconsistent resentencings that could affect about 1,100 inmates.

Overview

  • The state Supreme Court struck down mandatory life without parole for second-degree (felony) murder four months ago and imposed a 120-day stay that expires Friday to give the Legislature time to act.
  • The Democratic-led House voted 102-100 on July 23 to pass an amended reform bill, but the changes require the measure to return to the Republican-controlled Senate for another vote.
  • The Senate previously approved Senate Bill 1400 to replace mandatory LWOP with a 35-year mandatory minimum and to set parole eligibility rules for people already serving life, but that exact text must be approved again to meet the court's deadline.
  • State and local prosecutors say the lack of a statutory replacement could produce widely different resentencings and possible releases, warning that roughly 1,100 people serving felony-murder life terms and dozens of pending local cases could be affected.
  • Allegheny County District Attorney Stephen Zappala has filed a petition asking the Pennsylvania Supreme Court to extend the 120-day stay by another 120 days so lawmakers can finish a replacement scheme and the court will now decide whether to grant that extra time.