Pennsylvania HB 1042: An Act amending Titles 18 (Crimes and Offenses), 42 (Judiciary and Judicial Procedure), 61 (Prisons and Parole) and 63 (Professions and Occupations (State Licensed)) of the Pennsylvania Consolidated Statutes, in crimes against unborn child, further providing for the offense of murder of unborn child; in arson, criminal mischief and other property destruction, further providing for the offense of arson and related offenses; in judicial boards and commissions, further providing for adoption of guidelines for sentencing; in posttrial matters, further providing for jurisdiction and proceedings; in sentencing, providing for sentence for general murder of the second degree, further providing for sentences for second and subsequent offenses and for life imprisonment for homicide, repealing provisions relating to transfer of inmates in need of medical treatment and providing for modification of an imposed term of imprisonment for reasons of illness; in general administration, providing for earned vocational training and education credit; in Pennsylvania Board of Probation and Parole, further providing for parole power, for short sentence parole, for parole procedure and for victim statements, testimony and participation in hearing; and, in powers and duties, further providing for consideration of criminal convictions.

Bill Text

PRIOR PRINTER'S NOS. 1131, 2884, 3758,
3766 PRINTER'S NO. 3793
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1042
Session of
2025
INTRODUCED BY N. NELSON, HILL-EVANS, SANCHEZ, BOYD, CURRY,
D. WILLIAMS, BRIGGS, CEPHAS, PIELLI, KINKEAD, RIVERA AND
O'MARA, MARCH 25, 2025
AMENDMENTS TO SENATE AMENDMENTS, HOUSE OF REPRESENTATIVES,
JULY 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;
in general administration, providing for earned vocational
training and education credit; in motivational boot camp,
further providing for definitions; and, in Pennsylvania Board
of Probation and Parole, further providing for parole power
and for short sentence 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.
* * *
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(b) Second degree.--Except as provided under section 1102.1,
a person who has been convicted of [murder of the second degree,
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 killed, attempted to kill or
intended to kill 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 a violation of
section 3121 (relating to rape) or 3123 (relating to
involuntary deviate sexual intercourse);
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(C) the defendant was previously convicted of a
crime of violence; or
(D) in addition to a victim described in
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) 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 solicit, request,
conspire, command, plan or further aid another to cause
the victim's death.
(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
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other participant would use a deadly weapon.
(v) The defendant had no reason to believe that any
other participant intended to engage in conduct likely to
result in death or serious bodily injury to any person.
(vi) The defendant did not cause serious bodily
injury to