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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 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 another during the commission of the offense.
(2) Nothing in this subsection shall be interpreted to
authorize the court to override or otherwise contradict a
jury's specific finding regarding whether a fact described
under subsection (b)(1) was proven beyond a reasonable doubt.
(D) CULPABILITY ASSESSMENT.--IN DECIDING THE TERM OF
INCARCERATION TO IMPOSE, THE COURT MAY CONSIDER ANY FACTOR
BEARING ON THE DEFENDANT'S CULPABILITY AND THE NATURE AND
CIRCUMSTANCES OF THE OFFENSE, INCLUDING:
(1) THE IMPACT OF THE OFFENSE ON EACH VICTIM, INCLUDING
ORAL AND WRITTEN VICTIM 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 IMPACT STATEMENT MAY
INCLUDE COMMENT ON THE SENTENCE OF THE DEFENDANT.
(2) THE IMPACT OF THE OFFENSE ON THE COMMUNITY.
(3) THE THREAT TO THE SAFETY OF THE PUBLIC OR ANY
INDIVIDUAL POSED BY THE DEFENDANT.
(4) THE NATURE AND CIRCUMSTANCES OF THE OFFENSE
COMMITTED BY THE DEFENDANT.
(5) THE DEGREE OF THE DEFENDANT'S CULPABILITY.
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(6) GUIDELINES FOR SENTENCING AND RESENTENCING ADOPTED
BY THE PENNSYLVANIA COMMISSION ON SENTENCING.
(7) CHARACTERISTICS OF THE DEFENDANT, INCLUDING:
(I) AGE.
(II) MENTAL CAPACITY.
(III) MATURITY.
(IV) THE DEGREE OF CRIMINAL SOPHISTICATION EXHIBITED
BY THE DEFENDANT.
(V) THE NATURE AND EXTENT OF ANY PRIOR DELINQUENT OR
CRIMINAL HISTORY, INCLUDING THE SUCCESS OR FAILURE OF ANY
PREVIOUS ATTEMPTS BY THE COURT TO REHABILITATE THE
DEFENDANT.
(VI) PROBATION OR INSTITUTIONAL REPORTS.
(8) OTHER RELEVANT FACTORS.
(d) (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:
"Crime of violence." As defined in 42 Pa.C.S. § 9714(g)
(relating to sentences for second and subsequent offenses).
"Deadly weapon." As defined in section 2301 (relating to
definitions).
"Principal." As defined in section 2502(d) (relating to
murder).
"Serious bodily injury." As defined in section 2301.
Section 3. 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 or the third degree,
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voluntary manslaughter, manslaughter of a law enforcement
officer as defined in 18 Pa.C.S. § [2507(c) or (d)] 2507
(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)
(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
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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
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 4. The definition of "eligible inmate" in section
3903 of Title 61 is amended to read:
§ 3903. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Eligible inmate." A person sentenced to a term of
confinement under the jurisdiction of the Department of
Corrections who is serving a term of confinement, the minimum of
which is not more than two years and the maximum of which is
five years or less, or an inmate who is serving a term of
confinement, the minimum of which is not more than three years
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where that inmate is within two years of completing his minimum
term, and who has not reached 40 years of age at the time he is
approved for participation in the motivational boot camp
program. The term shall not include any inmate who is subject to
a sentence the calculation of which included an enhancement for
the use of a deadly weapon as defined pursuant to the sentencing
guidelines promulgated by the Pennsylvania Commission on
Sentencing, any inmate who has been convicted or adjudicated
delinquent of any crime listed under 42 Pa.C.S. Ch. 97 Subch. H
(relating to registration of sexual offenders) or I (relating to
continued registration of sexual offenders) or any inmate with a
current conviction or a prior conviction within the past ten
years for 18 Pa.C.S. § 2502 (relating to murder), drug
trafficking as defined in section 4103 (relating to definitions)
or a crime of violence as defined in 42 Pa.C.S. § 9714(g)
(relating to sentences for second or subsequent offenses) or who
has ever been convicted of murder of the second degree or
criminal attempt, criminal solicitation or criminal conspiracy
to commit any of these offenses.
* * *
Section 5. Title 61 is amended by adding a section to read:
§ 6137.3. Parole eligibility for offenders sentenced to life
for murder of the second degree.
(a) Parole.--
(1) Notwithstanding section 6137(a) (relating to parole
power), the board shall have the power to parole an offender
who is serving a sentence of life imprisonment for a
conviction of murder of the second degree that was imposed
prior to the effective date of this paragraph and who is not
otherwise precluded from parole eligibility under subsection
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(b), if:
(i) the offender has served at least 35 years
incarceration of the life sentence; or
(ii) the offender is 70 years of age or older and
has served at least 20 years incarceration of the life
sentence.
(2) Notwithstanding section 6137(a), the board shall
have the power to parole an offender sentenced under 18
Pa.C.S. § 1102.2(a) or (c) (relating to sentence for murder
of the second degree). The power to parole granted to the
board under this paragraph may not be exercised in the
board's discretion at any time before, but only after, the
expiration of the minimum term of imprisonment fixed by the
court in the court's sentence or by the Board of Pardons in a
sentence which has been reduced by commutation.
(A) PAROLE.--NOTWITHSTANDING SECTION 6137(A) (RELATING TO
PAROLE POWER), THE BOARD SHALL HAVE THE POWER TO PAROLE AN
OFFENDER WHO IS SERVING A SENTENCE OF LIFE IMPRISONMENT FOR A
CONVICTION OF MURDER OF THE SECOND DEGREE THAT WAS IMPOSED PRIOR
TO THE EFFECTIVE DATE OF THIS SUBSECTION IF:
(1) THE OFFENDER HAS SERVED AT LEAST 35 YEARS
INCARCERATION OF THE LIFE SENTENCE; OR
(2) THE OFFENDER IS 70 YEARS OF AGE OR OLDER AND HAS
SERVED AT LEAST 20 YEARS INCARCERATION OF THE LIFE SENTENCE.
(b) Exclusions.--Subsection (a)(1) shall not apply to an
offender convicted of murder of the second degree who:
(1) was sentenced to life imprisonment without parole
under 18 Pa.C.S. § 1102.1(b) (relating to sentence of persons
under the age of 18 for murder, murder of an unborn child and
murder of a law enforcement officer);
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(2) was under 18 years of age at the time of the
commission of the offense and was resentenced to life
imprisonment without parole after June 24, 2012;
(3) is the subject of an outstanding warrant, detainer
or equivalent writ of another jurisdiction, including a term
of incarceration that was imposed for a separate offense;
(4) (3) killed, intended to kill or attempted to kill a
law enforcement officer during the commission of the offense;
or
(5) (4) participated in the perpetration of rape or
deviate sexual intercourse by force during the commission of
the offense.
(c) Board considerations.--In addition to any other
requirement under this chapter, in considering whether to grant
parole to an offender made eligible under subsection (a), the
board shall:
(1) Give primary consideration to the protection of the
public and to the safety of the victim or any other person.
(2) Consider the nature and circumstances of the
offense, including:
(i) The degree of the offender's culpability in the
victim's death and the perpetration of the underlying
felony.
(ii) Whether the offender caused, intended to cause
or attempted to cause the victim's death.
(iii) Any other circumstance the board deems
relevant in deciding whether to grant or deny parole.
(d) Additional requirements.--
(1) Notwithstanding any other provision of this chapter,
a majority of the board shall be required to make decisions
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regarding parole under this section. Only board members shall
vote on whether to grant parole under this section. Prior to
voting, each board member shall review any victim statement
and testimony provided under section 6140 (relating to victim
statements, testimony and participation in hearing).
(2) The board may not consider parole in any case where
the board or the Office of Victim Advocate fails to comply
with the procedures specified in this section or section
6140.
(e) Limitations.--
(1) The provisions of this section shall not affect the
sentence or parole eligibility for any term of imprisonment
imposed for a separate offense.
(2) Nothing under this section shall be interpreted as
granting a right to be paroled to any offender.
(3) A decision by the board relating to an offender who
is eligible for parole under subsection (a) or sentenced
under 18 Pa.C.S. § 1102.1 may not be considered an
adjudication under 2 Pa.C.S. Chs. 5 Subch. A (relating to
practice and procedure of Commonwealth agencies) and 7 Subch.
A (relating to judicial review of Commonwealth agency
action).
Section 6. Section 6139(a)(3.1) and (3.2) of Title 61 are
amended to read:
§ 6139. Parole procedure.
(a) Specific requirements.--
* * *
(3.1) Notwithstanding paragraphs (2) and (3), the board
shall not be required to consider nor to dispose of an
application by an offender or an offender's attorney in the
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case of an offender who is eligible for parole under section
6137.3(a) or sentenced under 18 Pa.C.S. § 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) or
18 Pa.C.S. § 1102.2 (relating to sentence for murder of the
second degree) if a parole decision has been issued by the
board within five years of the date of the current
application.
(3.2) Nothing under this section shall be interpreted as
granting a right to be paroled to any offender, and a
decision by the board and its designees relating to an
offender who is eligible for parole under section 6137.3(a)
or sentenced under 18 Pa.C.S. § 1102.1 may not be considered
an adjudication under 2 Pa.C.S. Chs. 5 Subch. A (relating to
practice and procedure of Commonwealth agencies) and 7 Subch.
A (relating to judicial review of Commonwealth agency
action).
* * *
Section 7. Section 6140 of Title 61 is amended by adding a
subsection to read:
§ 6140. Victim statements, testimony and participation in
hearing.
* * *
(j) Victim notification for cases under section 6137.3(a).--
This subsection shall apply only to hearings regarding the
parole of an offender under section 6137.3(a)(1) (relating to
parole eligibility for offenders sentenced to life for murder of
the second degree). The following apply:
(1) The board shall ensure that victims and family
members have a reasonable opportunity to be heard at any
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hearing authorized by this section. The board shall give
meaningful consideration to any testimony presented at the
hearing.
(2) The board shall provide notice through the Office of
Victim Advocate SHALL PROVIDE NOTICE to any victim or next of
kin, including to victims who are registered with the
Department of Corrections, the Office of Victim Advocate and
the Pennsylvania Parole Board and those whose whereabouts are
otherwise known.
(3) The board, through the Office of Victim Advocate ,
shall make all reasonable efforts to effectuate notice within
30 days of the date that a hearing is granted and at least 60
days prior to the hearing.
(4) The board and Office of Victim Advocate shall make
every reasonable effort to identify, find and notify victims
who have not registered with the Office of Victim Advocate.
(5) The board and the Office of Victim Advocate shall
provide each board member with written notice containing one
of the following:
(i) the date and manner by which notice required
under this section was effectuated; or
(ii) a detained description of all efforts and
methods employed to identify, locate and notify the
victim or next of kin.
(6) To effectuate the requirements of this subsection,
the board shall issue guidelines within 30 90 days of the
effective date of this paragraph.
Section 8. It is the intent of this act to remedy the
Pennsylvania Supreme Court's decision in Commonwealth v. Lee,
2026 WL 855614 (Pa. March 26, 2026).
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Section 9. The addition of 18 Pa.C.S. § 1102.2 shall apply
to:
(1) Offenses committed on or after the effective date of
this paragraph.
(2) Offenses committed prior to the effective date of
this paragraph for which judgment of sentence has not yet
been imposed.
Section 10. This act shall take effect immediately.
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