PRINTER'S NO. 2369
No. 1823 Session of 2003
INTRODUCED BY READSHAW, McILHATTAN, COY, BARRAR, COSTA, DALEY,
FABRIZIO, FRANKEL, GERGELY, GRUCELA, HARHAI, KOTIK, LAUGHLIN,
MACKERETH, MARKOSEK, S. MILLER, PALLONE, PISTELLA, REICHLEY,
ROONEY, RUFFING, SAINATO, SHANER, WATERS, WHEATLEY, YUDICHAK
AND WOJNAROSKI, JULY 8, 2003
REFERRED TO COMMITTEE ON JUDICIARY, JULY 8, 2003
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 aggravating circumstances in sentencing procedure for murder
4 of the first degree.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 9711(d) of Title 42 of the Pennsylvania
8 Consolidated Statutes is amended to read:
9 § 9711. Sentencing procedure for murder of the first degree.
10 * * *
11 (d) Aggravating circumstances.--Aggravating circumstances
12 shall be limited to the following:
13 (1) The victim was a firefighter, peace officer, public
14 servant concerned in official detention, as defined in 18
15 Pa.C.S. § 5121 (relating to escape), judge of any court in
16 the unified judicial system, the Attorney General of
17 Pennsylvania, a deputy attorney general, district attorney,
1 assistant district attorney, member of the General Assembly,
2 Governor, Lieutenant Governor, Auditor General, State
3 Treasurer, State law enforcement official, local law
4 enforcement official, Federal law enforcement official or
5 person employed to assist or assisting any law enforcement
6 official in the performance of his duties, who was killed in
7 the performance of his duties or as a result of his official
8 position.
9 (2) The defendant paid or was paid by another person or
10 had contracted to pay or be paid by another person or had
11 conspired to pay or be paid by another person for the killing
12 of the victim.
13 (3) The victim was being held by the defendant for
14 ransom or reward, or as a shield or hostage.
15 (4) The death of the victim occurred while defendant was
16 engaged in the hijacking of an aircraft.
17 (5) The victim was a prosecution witness to a murder or
18 other felony committed by the defendant and was killed for
19 the purpose of preventing his testimony against the defendant
20 in any grand jury or criminal proceeding involving such
21 offenses.
22 (6) The defendant committed a killing while in the
23 perpetration of a felony.
24 (7) In the commission of the offense the defendant
25 knowingly created a grave risk of death to another person in
26 addition to the victim of the offense.
27 (8) The offense was committed by means of torture.
28 (9) The defendant has a significant history of felony
29 convictions involving the use or threat of violence to the
30 person.
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1 (10) The defendant has been convicted of another Federal
2 or State offense, committed either before or at the time of
3 the offense at issue, for which a sentence of life
4 imprisonment or death was imposable or the defendant was
5 undergoing a sentence of life imprisonment for any reason at
6 the time of the commission of the offense.
7 (11) The defendant has been convicted of another murder
8 committed in any jurisdiction and committed either before or
9 at the time of the offense at issue.
10 (12) The defendant has been convicted of voluntary
11 manslaughter, as defined in 18 Pa.C.S. § 2503 (relating to
12 voluntary manslaughter), or a substantially equivalent crime
13 in any other jurisdiction, committed either before or at the
14 time of the offense at issue.
15 (13) The defendant committed the killing or was an
16 accomplice in the killing, as defined in 18 Pa.C.S. § 306(c)
17 (relating to liability for conduct of another; complicity),
18 while in the perpetration of a felony under the provisions of
19 the act of April 14, 1972 (P.L.233, No.64), known as The
20 Controlled Substance, Drug, Device and Cosmetic Act, and
21 punishable under the provisions of 18 Pa.C.S. § 7508
22 (relating to drug trafficking sentencing and penalties).
23 (14) At the time of the killing, the victim was or had
24 been involved, associated or in competition with the
25 defendant in the sale, manufacture, distribution or delivery
26 of any controlled substance or counterfeit controlled
27 substance in violation of The Controlled Substance, Drug,
28 Device and Cosmetic Act or similar law of any other state,
29 the District of Columbia or the United States, and the
30 defendant committed the killing or was an accomplice to the
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1 killing as defined in 18 Pa.C.S. § 306(c), and the killing
2 resulted from or was related to that association, involvement
3 or competition to promote the defendant's activities in
4 selling, manufacturing, distributing or delivering controlled
5 substances or counterfeit controlled substances.
6 (15) At the time of the killing, the victim was or had
7 been a nongovernmental informant or had otherwise provided
8 any investigative, law enforcement or police agency with
9 information concerning criminal activity and the defendant
10 committed the killing or was an accomplice to the killing as
11 defined in 18 Pa.C.S. § 306(c), and the killing was in
12 retaliation for the victim's activities as a nongovernmental
13 informant or in providing information concerning criminal
14 activity to an investigative, law enforcement or police
15 agency.
16 (16) The victim was a child under 12 years of age or a
17 person 70 years of age or older.
18 (17) At the time of the killing, the victim was in her
19 third trimester of pregnancy or the defendant had knowledge
20 of the victim's pregnancy.
21 (18) At the time of the killing the defendant was
22 subject to a court order restricting in any way the
23 defendant's behavior toward the victim pursuant to 23 Pa.C.S.
24 Ch. 61 (relating to protection from abuse) or any other order
25 of a court of common pleas or of the minor judiciary designed
26 in whole or in part to protect the victim from the defendant.
27 * * *
28 Section 2. This act shall take effect in 60 days.
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