Pennsylvania HB 888: An Act amending Titles 18 (Crimes and Offenses), 42 (Judiciary and Judicial Procedure) and 61 (Prisons and Parole) of the Pennsylvania Consolidated Statutes, in authorized disposition of offenders, further providing for sentence for murder, murder of unborn child and murder of law enforcement officer; in arson, criminal mischief and other property destruction, further providing for the offense of arson and related offenses; in jurisdiction of appellate courts, further providing for direct appeals from courts of common pleas; in post-trial matters, further providing for postconviction DNA testing and for disposition and appeal; in sentencing, further providing for sentencing procedure for murder of the first degree; and, in execution procedure and method, repealing provisions relating to issuance of warrant.

Bill Text

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
Amending Titles 18 (Crimes and Offenses), 42 (Judiciary and
Judicial Procedure) and 61 (Prisons and Parole) of the
Pennsylvania Consolidated Statutes, in authorized disposition
of offenders, further providing for sentence for murder,
murder of unborn child and murder of law enforcement officer;
in arson, criminal mischief and other property destruction,
further providing for the offense of arson and related
offenses; in jurisdiction of appellate courts, further
providing for direct appeals from courts of common pleas; in
post-trial matters, further providing for postconviction DNA
testing and for disposition and appeal; in sentencing,
further providing for sentencing procedure for murder of the
first degree; and, in execution procedure and method,
repealing provisions relating to issuance of warrant.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 1102(a) and 3301(b)(1) of Title 18 of
the Pennsylvania Consolidated Statutes are amended to read:
§ 1102. Sentence for murder, murder of unborn child and murder
of law enforcement officer.
(a) First degree.--
(1) Except as provided under section 1102.1 (relating to
sentence of persons under the age of 18 for murder, murder of
an unborn child and murder of a law enforcement officer), a
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person who has been convicted of a murder of the first degree
or of murder of a law enforcement officer of the first degree
shall be sentenced to [death or to] a term of life
imprisonment in accordance with 42 Pa.C.S. § 9711 (relating
to sentencing procedure for murder of the first degree).
(2) The sentence for a person who has been convicted of
first degree murder of an unborn child shall be the same as
the sentence for murder of the first degree.[, except that
the death penalty shall not be imposed. This paragraph shall
not affect the determination of an aggravating circumstance
under 42 Pa.C.S. § 9711(d)(17) for the killing of a pregnant
woman.]
* * *
§ 3301. Arson and related offenses.
* * *
(b) Sentence.--
(1) A person convicted of violating the provisions of
subsection (a)(2), murder of the first degree[,] or second
degree shall be sentenced to [death or] life imprisonment
without right to parole[; a person convicted of murder of the
second degree, pursuant to subsection (a)(2), shall be
sentenced to life imprisonment without right to parole].
Notwithstanding provisions to the contrary, no language
herein shall infringe upon the inherent powers of the
Governor to commute said sentence.
* * *
Section 2. Sections 722(4), 9543.1(a)(6), (c)(2) and (3) and
(d)(2), 9577(a) and 9711 of Title 42 are amended to read:
§ 722. Direct appeals from courts of common pleas.
The Supreme Court shall have exclusive jurisdiction of
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appeals from final orders of the courts of common pleas in the
following classes of cases:
* * *
(4) Automatic review of sentences as provided by 42
Pa.C.S. [§§ 9546(d) (relating to relief and order) and
9711(h) (relating to review of death sentence)] § 9546(d)
(relating to relief and order).
* * *
§ 9543.1. Postconviction DNA testing.
(a) Motion.--
* * *
(6) The motion shall explain how, after review of the
record of the applicant's trial, there is a reasonable
possibility if the applicant is under State supervision, or
there is a reasonable probability if the applicant is not
under State supervision, or after review of the record of the
applicant's guilty plea there is a reasonable probability,
that the testing would produce exculpatory evidence that
would establish:
(i) the applicant's actual innocence of the offense
for which the applicant was convicted;
[(ii) in a capital case, the applicant's actual
innocence of the charged or uncharged conduct
constituting an aggravating circumstance under section
9711(d) (relating to sentencing procedure for murder of
the first degree) if the applicant's exoneration of the
conduct would result in vacating a sentence of death; or
(iii) in a capital case, a mitigating circumstance
under section 9711(e)(7) under the circumstances set
forth in section 9711(c)(1)(iv)].
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* * *
(c) Requirements.--In any motion under subsection (a), under
penalty of perjury, the applicant shall:
* * *
(2) (i) in a sworn statement subject to the penalties
under 18 Pa.C.S. §§ 4902 (relating to perjury) and 4903
(relating to false swearing), assert the applicant's
actual innocence of the offense for which the applicant
was convicted and that the applicant seeks DNA testing
for the purpose of dem