Pennsylvania SB 1400: 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 and providing for sentence for murder of the second degree; in sentencing, further providing for sentences for second and subsequent offenses and for life imprisonment for homicide; and, in motivational boot camp, further providing for definitions; in Pennsylvania Board of Probation and Parole, providing for parole eligibility for offenders sentenced to life for murder of the second degree and further providing for parole procedure and for victim statements, testimony and participation in hearing.

Bill Text

PRIOR PRINTER'S NO. 1834 PRINTER'S NO. 1836
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1400
Session of
2026
INTRODUCED BY BAKER, LANGERHOLC, K. WARD, PITTMAN, YAW, PICOZZI,
GEBHARD, ROBINSON, PENNYCUICK, VOGEL, CULVER, ARGALL, DUSH
AND STEFANO, JUNE 22, 2026
SENATOR BAKER, JUDICIARY, AS AMENDED, JUNE 23, 2026
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
and providing for sentence for murder of the second degree;
in sentencing, further providing for sentences for second and
subsequent offenses and for life imprisonment for homicide;
and, in motivational boot camp, further providing for
definitions; in Pennsylvania Board of Probation and Parole,
providing for parole eligibility for offenders sentenced to
life for murder of the second degree and further providing
for parole procedure and for victim statements, testimony and
participation in hearing.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1102(b) of Title 18 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 1102. Sentence for murder, murder of unborn child and murder
of law enforcement officer.
* * *
(b) Second degree.--Except as provided under section 1102.1,
a person who has been convicted of [murder of the second degree,
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of] second degree murder of an unborn child or of second degree
murder of a law enforcement officer shall be sentenced to a term
of life imprisonment.
* * *
Section 2. Title 18 is amended by adding a section to read:
§ 1102.2. Sentence for murder of the second degree.
(a) Sentencing.--Except as provided under subsections (b)
and (c), a defendant who has been convicted of murder of the
second degree and who was 18 years of age or older at the time
of the commission of the offense shall be sentenced to a term of
imprisonment, the minimum of which shall be fixed by the court
at not less than 35 years and the maximum of which may not
exceed life imprisonment.
(b) Life without parole.--
(1) The court may sentence a defendant who has been
convicted of murder of the second degree and who was 18 years
of age or older at the time of the commission of the offense
to life imprisonment without parole if the finder of fact
determines beyond a reasonable doubt that:
(i) the defendant caused the death of the victim;
and
(ii) at least one of the following:
(A) the victim was a law enforcement officer or
a child under 13 years of age;
(B) during the commission of the offense, the
defendant engaged as a principal in rape or deviate
sexual intercourse by force;
(C) the defendant was previously convicted of a
crime of violence; or
(D) in addition to a victim described in
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subparagraph (i), the defendant caused serious bodily
injury or death to another victim DURING THE
COMMISSION OF THE OFFENSE .
(2) The Commonwealth shall provide reasonable notice to
the defendant of its intention to seek a sentence of life
imprisonment without parole under this subsection. The notice
shall be provided by specifically alleging in the charging
document any fact authorizing a life without parole sentence
under paragraph (1).
(c) Sentencing mitigation.--
(1) Except when a sentence of life imprisonment without
parole is authorized under subsection (b)(1) EXCEPT WHEN THE
FINDER OF FACT HAS DETERMINED, UNDER SUBSECTION (B)(1)(I),
THAT THE DEFENDANT CAUSED THE DEATH OF THE VICTIM AND AT
LEAST ONE OF THE FACTS DESCRIBED IN SUBSECTION (B)(1)(II)(A),
(B), (C) OR (D) EXISTS , a defendant who has been convicted of
murder of the second degree and who was 18 years of age or
older at the time of the commission of the offense may be
sentenced to a minimum term of imprisonment of less than 35
years, but not less than 10 years, and the maximum of which
may not exceed 40 years, if the defendant proves AT
SENTENCING by a preponderance of the evidence, and the court
specifically finds, all of the following:
(i) The defendant was not the only participant in
the commission of the offense.
(ii) The defendant did not cause, intend to cause or
attempt to cause the victim's death or in any way
solicit, request, conspire, command, plan or further aid
another to commit the underlying felony or cause the
victim's death.
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(iii) The defendant did not brandish, use or
threaten to use a deadly weapon in the commission of the
offense.
(iv) The defendant had no reason to believe that any
other participant would use a deadly weapon.
(v) The defendant had no reason to believe that any
other part