PRINTER'S NO. 893
No. 766 Session of 2003
INTRODUCED BY MYERS, THOMAS, BUXTON, BEBKO-JONES, KIRKLAND, VITALI, CURRY, HORSEY, READSHAW, PISTELLA, JOSEPHS, MANDERINO, SCRIMENTI, WHEATLEY, LEACH, SURRA, WASHINGTON, ROEBUCK, WATERS, BISHOP AND JAMES, MARCH 6, 2003
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 6, 2003
AN ACT 1 Amending Title 42 (Judiciary and Judicial Procedure) of the 2 Pennsylvania Consolidated Statutes, imposing a temporary 3 suspension of the death penalty; and establishing a 4 commission on the death penalty. 5 The General Assembly of the Commonwealth of Pennsylvania 6 hereby enacts as follows: 7 Section 1. Title 42 of the Pennsylvania Consolidated 8 Statutes is amended by adding a section to read: 9 § 9711.1. Temporary suspension of death penalty. 10 (a) Suspension.--No execution of a defendant shall take 11 place for two years from the effective date of this section. 12 (b) Commission on the death penalty.--A commission on the 13 death penalty shall be created to study the law that provides 14 for the death penalty and the administration of the death 15 penalty in this Commonwealth. The commission shall make 16 recommendations for amendments to the death penalty law to 17 provide assurances that: 18 (1) defendants who are sentenced to death are in fact
1 guilty of first degree murder; 2 (2) defendants in death penalty cases are provided 3 adequate and experienced counsel and adequate resources for 4 the defense of their cases at the trial, appellate and post- 5 conviction stages; 6 (3) race does not play an impermissible role in 7 determining which defendants are sentenced to death; and 8 (4) death penalty cases are handled similarly by all 9 district attorneys throughout this Commonwealth. 10 (c) Membership.--The commission shall consist of six members 11 as follows: 12 (1) Two members appointed by the Supreme Court. 13 (2) One member appointed by the President pro tempore of 14 the Senate. 15 (3) One member appointed by the Minority Leader of the 16 Senate. 17 (4) One member appointed by the Speaker of the House of 18 Representatives. 19 (5) One member appointed by the Minority Leader of the 20 House of Representatives. 21 (d) Report.--The commission shall report to the General 22 Assembly within eight months from the effective date of this 23 section. 24 Section 2. This act shall take effect immediately. B11L42MRD/20030H0766B0893 - 2 -