Senate Bill 850

Pennsylvania Legislature Passes Miller Fix - Updated

According to this AP article, the Pennsylvania Legislature has just passed this Miller fix. Pennsylvania Senate Bill 850. For first degree murder, 15-17 year olds would get either a mandatory 35 years to life sentence or a LWOP sentence; those under 15 years old would get either a mandatory 25 years to life or LWOP sentence. For second degree murder, 15-17 year olds would get a mandatory 30 years to life sentence; those under 15 would get 20 years to life sentence. Here is another interesting summary. Here is a link to the official history on the bill. Here is a link to the Senate Fiscal analysis.It is important to stress that higher sentences are possible and it is possible for a judge to still impose a non-parolable life sentences (for first degree murder defendants only) based on a specific finding of facts.

Pennsylvania has three degrees of murder. Murder in the first degree carried natural life or the death penalty. Second degree murder carried a mandatory life without the possibility of parole. Third degree murder is subject to sentencing under Pennsylvania’s Sentencing Guidelines. Pennsylvania Attorney David Lampman has a
nice summary of Pennsylvania’s homicide laws.

Update: I just found out that the Pennsylvania Coalition for Fair Sentencing of Youth and its parent national organization have serious problems with this law. They consider the bill a hasty piece of legislation that has been rushed through. Pennsylvania Governor Corbetthas until October 27th to sign or veto the bill. Under Pennsylvania law, the Governor could also line-item veto the JLWOP provisions from the legislation. Stay tuned.

The law is not retroactive to cases that were finalized before the date that Miller was decided (June 24, 2012).