Judiciary Committee Advances Legislation to Address Second-Degree Murder Sentencing Following Court Ruling

HARRISBURG - Sen. Lisa Baker (R-20) and Sen. Wayne Langerholc (R-35) announced Senate Judiciary Committee passage of legislation they introduced to update Pennsylvania's sentencing laws for second-degree murder in response to a recent court decision declaring the mandatory life-without-parole sentence for that crime unconstitutional.

"Senate Bill 1400 ensures Pennsylvania has a clear and workable sentencing structure for second-degree murder that complies with the court's decision while continuing to recognize the severity of these offenses," the lawmakers said. "The bill provides judges with appropriate guidance, safeguards the rights of victims and their families and helps maintain confidence in our criminal justice system."

In March, the Pennsylvania Supreme Court gave their ruling in Commonwealth v. Lee, invalidating the state's mandatory life-without-parole sentence for second-degree murder. The case involved Derek Lee, who was convicted of second-degree murder for his role in a fatal robbery but did not personally kill the victim, leading the court to conclude that an automatic life-without-parole sentence violated constitutional protections because it did not allow consideration of individual culpability.

Following the decision, Baker was immediately contacted by a constituent whose brother, Bryan Kocis, was brutally murdered in 2007. The family gave their blessing to one of the men pleading guilty and receiving a sentence of second-degree murder with no possibility of parole. In exchange, he provided vital testimony against his coconspirator.

"For the Kocis', the notion that one of the two men who violently murdered their loved one could be released - despite all parties agreeing decades ago that he would be incarcerated for the rest of his life - is understandably unsettling," Baker said. "We cannot forget the expectation of the families and the broader community that justice is served in these cases."

Senate Bill 1400 would establish a constitutionally sound sentencing framework that upholds accountability for serious crimes while preserving protections for victims and maintaining public safety.

Under the legislation, individuals convicted of second-degree murder would face a sentencing range of 35 years to life imprisonment. Courts could still impose a sentence of life without parole when specific aggravating circumstances are proven beyond a reasonable doubt. The bill would also provide sentencing flexibility in cases where a defendant's culpability is significantly reduced. In addition, Senate Bill 1400 would create a structured parole review process for certain individuals currently serving life-without-parole sentences for second-degree murder.

Along with Senate Bill 1400, the Judiciary Committee approved several additional measures aimed at strengthening Pennsylvania's legal system and protecting vulnerable individuals.

Senate Bill 890 would give heirs better protection to prevent forced sales of inherited property by establishing a framework for resolving disputes, creating safeguards against unfair, forced sales and providing co-owners with opportunities to retain family property.

Senate Bill 1212 would ensure every rape kit collected in the commonwealth is tested by standardizing the submission process and implementing a statewide rape-kit tracking system.

House Bill 2443 would create the Child Victim Recovery Fund to provide dedicated support for children's advocacy centers and services for child victims of sexual abuse through fees assessed against convicted offenders and participants in diversionary programs involving sexual offenses.

"The additional actions taken by the committee today are aimed at protecting property rights, supporting victims of crime and strengthening services for vulnerable children," Baker said.

The bills now advance to the full Senate for consideration.