Please ensure Javascript is enabled for purposes of website accessibility Salisbury votes to reform sentencing for second-degree murder

Salisbury votes to reform sentencing for second-degree murder

Says new bill strikes right balance by allowing courts to consider defendant’s individual culpability

HARRISBURG, July 23 – State Rep. Abigail Salisbury issued the following statement after voting today to pass H.B. 1042 – legislation that would replace the automatic life without parole sentence for second-degree murder with sentencing linked to an offender’s level of culpability:

“After finding that an automatic life without parole sentence for second-degree murder violates the state constitution’s prohibition on cruel punishments, our state high court asked lawmakers to develop a fairer system for imposing sentencing in these cases, which involve offenders who commit underlying felonies that result in a death.

“I’m satisfied that our response today in passing H.B. 1042 strikes the right balance between maintaining accountability for these crimes and delivering individualized justice that is tailored to a defendant’s culpability.

“We can be thoughtful in our sentencing without sacrificing the demands of justice. In fact, sentencing based on an individual, case-by-case analysis of the defendant’s personal role, intent and culpability is already the practice in many states.

“The proposed legislation, which would require judges to consider a defendant’s individual culpability and circumstances, would allow for fairer, more responsible sentencing that recognizes that defendants in felony murder cases have widely different degrees of involvement and culpability.

“Blanket sentences in these cases have been the rule for too long and don’t serve the interests of justice. I’m encouraged by our step today, which moves us closer to a more responsible approach.” 

Salisbury said that under the bill, those convicted of second-degree murder and sentenced to life in prison would become eligible for parole after serving 30 years.