07/23/2026 | Press release | Distributed by Public on 07/23/2026 13:37
July 23, 2026
HARRISBURG - Legislation addressing the sentencing of convicted murders will miss the state deadline due to House Democrat maneuvers, potentially putting killers back on the streets, said Rep. Rob Kauffman (R-Franklin).
On March 26, the Pennsylvania Supreme Court ruled in Commonwealth of Pennsylvania v. Derek Lee, that automatic mandatory life without parole sentences for second-degree murder (also known as felony murder) are a violation of the state Constitution. The court gave the Legislature 120 days to make changes to the unconstitutional sentencing framework. That deadline is Friday, July 24. Without new measures in place addressing sentencing, hundreds of men and women already convicted of second-degree murder could be resentenced or released from incarceration.
Second-degree murder applies when an individual participates in certain dangerous felonies, including robbery, rape or arson, that result in another person's death. Even if the individual did not personally cause the fatal injury, Pennsylvania law has long recognized that those who willingly participate in violent felonies that lead to a loss of life must be held accountable.
Currently in Pennsylvania, approximately 1,100 inmates are serving life sentences for second-degree murder.
"Democrats avoided action on the bill until the day before the deadline. This inaction is now putting public safety at risk," said Kauffman. "In addition, by amending the bill at this late stage, they have all but guaranteed the legislation will not be adopted by the deadline."
Kauffman opposed the bill due to the amendments the Democrats added, which included provisions to allow expansive medical parole for inmates; and new sentencing guidelines that do not include any mandatory sentences, instead giving judges complete discretion.
"We are talking about violent offenders, such as rapists and arsonists, who are responsible for the death of an individual or individuals," said Kauffman. "Victims and survivors deserve better than dramatically reduced sentences, expansive medical parole and no minimum mandatory sentencing for these grievous crimes."
House Bill 1042 now goes back to the state Senate for consideration.
Editor's Note: A video clip of Rep. Rob Kauffman's comments is available for viewing and distribution. To download the clip, follow the link, click the three dots in the lower right corner of the screen and select download. Watch the video here.
Representative Rob Kauffman
89th District
Pennsylvania House of Representatives
Media Contact: Tricia Lehman
717.772.9840
[email protected]