SB 1400 — An Act amending Titles 18 (Crimes and Offenses), 42 (Judiciary and Judicial Procedure) and 61 (Prisons and Parole) of the Pennsylvania Consolidated Statutes, in authorized disposition of offenders, further providing for sentence for murder, murder of unborn child and murder of law enforcement officer and providing for sentence for murder of the second degree; in sentencing, further providing for sentences for second and subsequent offenses and for life imprisonment for homicide; and, in motivational boot camp, further providing for definitions; in Pennsylvania Board of Probation and Parole, providing for parole eligibility for offenders sentenced to life for murder of the second degree and further providing for parole procedure and for victim statements, testimony and participation in hearing.

PRIOR PRINTER'S NO.

1834 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.

1836 THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.

WARD, PITTMAN, YAW, PICOZZI, GEBHARD, ROBINSON, PENNYCUICK, VOGEL, CULVER, ARGALL,ARGALL DUSH AND STEFANO,DUSH, JUNE 22, 2026 SENATORREFERRED BAKER,TO JUDICIARY, AS AMENDED, JUNE 23,22, 2026 AN ACT Amending Titles 18 (Crimes and Offenses), 42 (Judiciary and Judicial Procedure) and 61 (Prisons and Parole) of the Pennsylvania Consolidated Statutes, in authorized disposition murder of unborn child and murder of law enforcement officer and providing for sentence for murder of the second degree;

or (D) in addition to a victim described in 20260SB1400PN183620260SB1400PN1834 - 2 - subparagraph (i), the defendant caused serious bodily injury or death to another victimvictim. DURING THE <-- COMMISSION OF THE OFFENSE.

(c) Sentencing mitigation.-- (1) Except when a sentence of life imprisonment without <-- parole is authorized under subsection (b)(1)(b)(1), EXCEPT WHEN THE <-- FINDER OF FACT HAS DETERMINED, UNDER SUBSECTION (B)(1)(I), THAT THE DEFENDANT CAUSED THE DEATH OF THE VICTIM AND AT LEAST ONE OF THE FACTS DESCRIBED IN SUBSECTION (B)(1)(II)(A), (B), (C) OR (D) EXISTS, a defendant who has been convicted of murder of the second degree and who was 18 years of age or older at the time of the commission of the offense may be sentenced to a minimum term of imprisonment of less than 35 years, but not less than 10 years, and the maximum of which may not exceed 40 years, if the defendant proves AT <-- SENTENCING by a preponderance of the evidence, and the court specifically finds, all of the following:

20260SB1400PN1836 - 3 - (iii) The defendant did not brandish, use or threaten to use a deadly weapon in the commission of the offense.

20260SB1400PN1834 - 3 - (v) The defendant had no reason to believe that any other participant intended to engage in conduct likely to result in death or serious bodily injury to any person.

(D)(d) CULPABILITYDefinitions.--As ASSESSMENT.--INused DECIDINGin THEthis TERMsection, OFthe <--following INCARCERATIONwords TOand IMPOSE,phrases THEshall COURThave MAYthe CONSIDERmeanings ANYgiven FACTORto BEARINGthem ONin THEthis DEFENDANT'Ssubsection CULPABILITYunless ANDthe THEcontext NATUREclearly ANDindicates CIRCUMSTANCESotherwise: OF THE OFFENSE, INCLUDING:

(1) THE IMPACT OF THE OFFENSE ON EACH VICTIM, INCLUDING ORAL AND WRITTEN VICTIM IMPACT STATEMENTS MADE OR SUBMITTED BY FAMILY MEMBERS OF THE VICTIM DETAILING THE PHYSICAL, PSYCHOLOGICAL AND ECONOMIC EFFECTS OF THE CRIME ON THE VICTIM AND THE VICTIM'S FAMILY.

A VICTIM IMPACT STATEMENT MAY INCLUDE COMMENT ON THE SENTENCE OF THE DEFENDANT.

(2) THE IMPACT OF THE OFFENSE ON THE COMMUNITY.

(3) THE THREAT TO THE SAFETY OF THE PUBLIC OR ANY INDIVIDUAL POSED BY THE DEFENDANT.

(4) THE NATURE AND CIRCUMSTANCES OF THE OFFENSE COMMITTED BY THE DEFENDANT.

(5) THE DEGREE OF THE DEFENDANT'S CULPABILITY.

20260SB1400PN1836 - 4 - (6) GUIDELINES FOR SENTENCING AND RESENTENCING ADOPTED BY THE PENNSYLVANIA COMMISSION ON SENTENCING.

(7) CHARACTERISTICS OF THE DEFENDANT, INCLUDING:

(I) AGE.

(II) MENTAL CAPACITY.

(III) MATURITY.

(IV) THE DEGREE OF CRIMINAL SOPHISTICATION EXHIBITED BY THE DEFENDANT.

(V) THE NATURE AND EXTENT OF ANY PRIOR DELINQUENT OR CRIMINAL HISTORY, INCLUDING THE SUCCESS OR FAILURE OF ANY PREVIOUS ATTEMPTS BY THE COURT TO REHABILITATE THE DEFENDANT.

(VI) PROBATION OR INSTITUTIONAL REPORTS.

(8) OTHER RELEVANT FACTORS.

(d) (E) Definitions.--As used in this section, the following <-- words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

* * * (g) Definition.--As used in this section, the term "crime of violence" means murder of the second degree or the third degree, 20260SB1400PN1836 - 5 - voluntary manslaughter, manslaughter of a law enforcement officer as defined in 18 Pa.C.S.

§ [2507(c) or (d)] 2507 <-- (relating to criminal homicide of law enforcement officer), murder of the third degree involving an unborn child as defined in 18 Pa.C.S.

§ 2604(c) (relating to murder of unborn child), 20260SB1400PN1834 - 4 - aggravated assault of an unborn child as defined in 18 Pa.C.S.

§ 2506(a) (relating to drug delivery resulting in death), or criminal attempt, criminal conspiracy or criminal solicitation to commit murder or any of the offenses 20260SB1400PN1836 - 6 - listed above, or an equivalent crime under the laws of this Commonwealth in effect at the time of the commission of that offense or an equivalent crime in another jurisdiction.

(a) Mandatory life imprisonment.--Notwithstanding the 20260SB1400PN1834 - 5 - provisions of section 9712 (relating to sentences for offenses committed with firearms), 9713 (relating to sentences for offenses committed on public transportation) or 9714 (relating to sentences for second and subsequent offenses), any person convicted of murder of the second degree or murder of the third degree in this Commonwealth who has previously been convicted at any time of murder or voluntary manslaughter in this Commonwealth or of the same or substantially equivalent crime in any other jurisdiction shall be sentenced to life imprisonment, notwithstanding any other provision of this title or other statute to the contrary.

* * * "Eligible inmate." A person sentenced to a term of confinement under the jurisdiction of the Department of Corrections who is serving a term of confinement, the minimum of which is not more than two years and the maximum of which is five years or less, or an inmate who is serving a term of confinement, the minimum of which is not more than three years 20260SB1400PN1836 - 7 - where that inmate is within two years of completing his minimum term, and who has not reached 40 years of age at the time he is approved for participation in the motivational boot camp program.

The term shall not include any inmate who is subject to a sentence the calculation of which included an enhancement for 20260SB1400PN1834 - 6 - the use of a deadly weapon as defined pursuant to the sentencing guidelines promulgated by the Pennsylvania Commission on Sentencing, any inmate who has been convicted or adjudicated delinquent of any crime listed under 42 Pa.C.S.

(a) Parole.-- <-- (1) Notwithstanding section 6137(a) (relating to parole power), the board shall have the power to parole an offender who is serving a sentence of life imprisonment for a conviction of murder of the second degree that was imposed prior to the effective date of this paragraph and who is not otherwise precluded from parole eligibility under subsection 20260SB1400PN1836 - 8 - (b), if:

or (ii) the offender is 70 years of age or older and has served at least 20 years incarceration of the life 20260SB1400PN1834 - 7 - sentence.

(A) PAROLE.--NOTWITHSTANDING SECTION 6137(A) (RELATING TO <-- PAROLE POWER), THE BOARD SHALL HAVE THE POWER TO PAROLE AN OFFENDER WHO IS SERVING A SENTENCE OF LIFE IMPRISONMENT FOR A CONVICTION OF MURDER OF THE SECOND DEGREE THAT WAS IMPOSED PRIOR TO THE EFFECTIVE DATE OF THIS SUBSECTION IF:

(1) THE OFFENDER HAS SERVED AT LEAST 35 YEARS INCARCERATION OF THE LIFE SENTENCE;

OR (2) THE OFFENDER IS 70 YEARS OF AGE OR OLDER AND HAS SERVED AT LEAST 20 YEARS INCARCERATION OF THE LIFE SENTENCE.

20260SB1400PN1836 - 9 - (2) was under 18 years of age at the time of the commission of the offense and was resentenced to life imprisonment without parole after June 24, 2012;

(3) is the subject of an outstanding warrant, detainer <-- or equivalent writ of another jurisdiction, including a term of incarceration that was imposed for a separate offense;

(4) (3) killed, intended to kill or attempted to kill a <-- law enforcement officer during the commission of the offense;