Senator Lisa Baker and the Judiciary Committee Approve a Sentencing Remedy to Address the Attempted Murder of Scranton Police Officer Gilmartin

HARRISBURG - The Senate Judiciary Committee, chaired by Sen. Lisa Baker (R-20), advanced legislation this week sponsored by Baker and Sen. Rosemary Brown (R-40) to strengthen penalties for individuals who attempt to murder law enforcement officers.

Senate Bill 1284 increases penalties - including a new mandatory minimum and an increased maximum of up to life - for attempt, conspiracy or solicitation to commit murder of a law enforcement officer when serious bodily injury results.

There is currently a sentencing disparity between attempted murder of a law enforcement officer and assault of a law enforcement officer. While both crimes carry a potential maximum sentence of up to 40 years of incarceration, only assault of a law enforcement officer carries a mandatory minimum of 20 years. With no mandatory minimum on the books for attempted murder of a law enforcement officer, the judge must impose a sentence for that offense based on Pennsylvania's sentencing guidelines, which recommend a sentence as low as seven years.

"Senate Bill 1284 corrects this oversight by imposing a mandatory minimum of 20 years for attempt, conspiracy, or solicitation to commit murder of a law enforcement officer where serious bodily injury results; and increases the statutory maximum from 40 years to up to life in prison," said Baker. "The more serious the crime, the more serious the punishment should be. Anyone who intentionally tries to kill a police officer must face the full weight of the law. This bill ensures sentencing reflects the gravity of those crimes."

"The passage of this legislation moves us closer to ensuring our laws properly reflect the seriousness of violent acts against law enforcement. This legislation closes a gap in sentencing and helps ensure those who attempt to take an officer's life are held fully accountable," said Brown. "We are grateful for the service and sacrifice of officers across our commonwealth who face danger each day and put their lives on the line to keep our communities safe."

The need for the legislation was first brought to Baker's attention by Lackawanna County District Attorney Brian Gallagher after a horrific crime against a law enforcement officer in his county in 2024. Scranton Police Detective Kyle Gilmartin miraculously survived being shot in the head. During the criminal proceedings, the sentencing disparity was revealed.

"The fact that someone could face as little as seven years in prison after shooting a police officer in the head, twice, simply because that officer survived by a sheer miracle is unacceptable," said Gallagher. "On behalf of law enforcement across Lackawanna County, we support this legislation advanced by the Senate Judiciary Committee and Sen. Lisa Baker because it closes that dangerous loophole. This isn't political - it's about ensuring that when an officer suffers life-altering injuries, the punishment is commensurate with the harm. In cases like Kyle Gilmartin's, the only difference between life and death was luck. Justice should not depend on that."

The bill now heads to the full Senate for consideration.

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