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PRINTER'S NO. 3386
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2501
Session of
2026
INTRODUCED BY KAUFFMAN, RAPP AND STENDER, MAY 8, 2026
REFERRED TO COMMITTEE ON JUDICIARY, MAY 8, 2026
AN ACT
Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
Judicial Procedure) 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, in sentencing,
further providing for sentences for second and subsequent
offenses and for life imprisonment for homicides.
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 and the section is amended by
adding a subsection to read:
§ 1102. Sentence for murder, murder of unborn child and murder
of law enforcement officer.
* * *
(b) Second degree.--
(1) 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.] as follows:
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(i) Except as provided in subparagraph (ii), the
person shall be sentenced to a minimum term of
imprisonment of at least 35 years.
(ii) Notwithstanding subparagraph (i), the person
shall be sentenced to a term of life imprisonment without
parole or a term of imprisonment of at least 40 years to
life without parole, if the finder of fact determines
beyond a reasonable doubt that the person:
(A) caused the death of the victim; or
(B) was an active participant in the killing of
the victim.
(2) Reasonable notice to the defendant of the intention
of the Commonwealth to seek a sentence of life imprisonment
without parole under paragraph (1) shall be provided after
the conviction and before the sentencing of the defendant.
(3) In determining whether to impose a sentence of life
without parole in accordance with paragraph (1), the court
shall consider and make findings on the record regarding the
following:
(i) The impact of the offense on each victim,
including oral and written impact statements made or
submitted by family members of the victim detailing the
physical, psychological and economic effects of the crime
on the victim and the victim's family. A victim statement
may include comment on the sentence of the defendant.
(ii) The impact of the offense on the community.
(iii) The threat posed by the defendant to the
safety of the public or an individual.
(iv) The nature and circumstances of the offense
committed by the defendant, including the level of
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planning, use of a deadly weapon, degree of violence and
vulnerability of the victim.
(v) The degree of the defendant's culpability.
(vi) The defendant's prior criminal history,
including the nature and circumstances of prior offenses
and any history of violent conduct.
(vii) Guidelines for sentencing and resentencing
adopted by the Pennsylvania Commission on Sentencing.
(viii) Any other factor that the court deems
relevant to the imposition of a sentence under this
section.
* * *
(e) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Active participant." A defendant whose conduct was a
substantial factor in bringing about the death of the victim or
who aided or attempted to aid another person in the acts
resulting in the victim's death. The term includes a defendant
who:
(1) caused or attempted to cause serious bodily injury
to the victim;
( 2) committed or attempted to commit an offense listed
under 42 Pa.C.S. § 9799.14 (relating to sexual offenses and
tier system) against the victim;
(3) used or possessed a deadly weapon during the
commission of the underlying felony;
(4) restrained, confined, isolated or otherwise
prevented the victim from escaping while another person
caused the death of the victim;
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(5) directed, commanded, solicited or encouraged another
person in conduct that resulted in the death of the victim;
(6) planned, organized or exercised decision-making
authority over the commission of the underlying felony in a
manner that materially contributed to the death of the
victim;
(7) knowingly created a grave risk of death to the
victim or another person during the commission of the
underlying felony; or
(8) was present at the scene of the offense and, with
knowledge that deadly force was being used or was
substantially likely to be used, failed to take reasonable
steps to prevent the death of the victim despite having a
realistic opportunity to do so.
"Deadly weapon." As defined in section 2301 (relating to
definitions).
Section 2. Sections 9714(g) and 9715(a) of Title 42 are
amended to read:
§ 9714. Sentences for second and subsequent offenses.
* * *
(g) Definition.--As used in this section, the term "crime of
violence" means murder of the second degree, murder of the third
degree, voluntary manslaughter, manslaughter of a law
enforcement officer as defined in 18 Pa.C.S. § 2507(c) or (d)
(relating to criminal homicide of law enforcement officer),
murder of the third degree involving an unborn child as defined
in 18 Pa.C.S. § 2604(c) (relating to murder of unborn child),
aggravated assault of an unborn child as defined in 18 Pa.C.S. §
2606 (relating to aggravated assault of unborn child),
aggravated assault as defined in 18 Pa.C.S. § 2702(a)(1) or (2)
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(relating to aggravated assault), assault of law enforcement
officer as defined in 18 Pa.C.S. § 2702.1(a)(1) (relating to
assault of law enforcement officer), use of weapons of mass
destruction as defined in 18 Pa.C.S. § 2716(b) (relating to
weapons of mass destruction), terrorism as defined in 18 Pa.C.S.
§ 2717(b)(2) (relating to terrorism), strangulation when the
offense is graded as a felony as defined in 18 Pa.C.S. § 2718
(relating to strangulation), trafficking of persons when the
offense is graded as a felony of the first degree as provided in
18 Pa.C.S. § 3011 (relating to trafficking in individuals),
rape, involuntary deviate sexual intercourse, aggravated
indecent assault, incest, sexual assault, arson endangering
persons or aggravated arson as defined in 18 Pa.C.S. § 3301(a)
or (a.1) (relating to arson and related offenses), ecoterrorism
as classified in 18 Pa.C.S. § 3311(b)(3) (relating to
ecoterrorism), kidnapping, burglary as defined in 18 Pa.C.S. §
3502(a)(1) (relating to burglary), robbery as defined in 18
Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to robbery), or
robbery of a motor vehicle, drug delivery resulting in death as
defined in 18 Pa.C.S. § 2506(a) (relating to drug delivery
resulting in death), or criminal attempt, criminal conspiracy or
criminal solicitation to commit murder or any of the offenses
listed above, or an equivalent crime under the laws of this
Commonwealth in effect at the time of the commission of that
offense or an equivalent crime in another jurisdiction.
§ 9715. Life imprisonment for homicide.
(a) Mandatory life imprisonment.--Notwithstanding the
provisions of section 9712 (relating to sentences for offenses
committed with firearms), 9713 (relating to sentences for
offenses committed on public transportation) or 9714 (relating
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to sentences for second and subsequent offenses), any person
convicted of murder of the second degree or murder of the third
degree in this Commonwealth who has previously been convicted at
any time of murder or voluntary manslaughter in this
Commonwealth or of the same or substantially equivalent crime in
any other jurisdiction shall be sentenced to life imprisonment,
notwithstanding any other provision of this title or other
statute to the contrary.
* * *
Section 3. This act shall take effect in 60 days.
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