PRINTER'S NO. 996
No. 875 Session of 1989
INTRODUCED BY GREENLEAF, LEMMOND, PECORA, SHAFFER, AFFLERBACH,
STOUT, BELAN AND DAWIDA, MAY 2, 1989
REFERRED TO JUDICIARY, MAY 2, 1989
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 sentencing procedures for murder of the first degree.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 9711(d) of Title 42 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 9711. Sentencing procedure for murder of the first degree.
9 * * *
10 (d) Aggravating circumstances.--Aggravating circumstances
11 shall be limited to the following:
12 (1) The victim was a fireman, peace officer or public
13 servant concerned in official detention, as defined in 18
14 Pa.C.S. § 5121 (relating to escape), who was killed in the
15 performance of his duties.
16 (2) The defendant paid or was paid by another person or
17 had contracted to pay or be paid by another person or had
18 conspired to pay or be paid by another person for the killing
1 of the victim.
2 (3) The victim was being held by the defendant for
3 ransom or reward, or as a shield or hostage.
4 (4) The death of the victim occurred while defendant was
5 engaged in the hijacking of an aircraft.
6 (5) The victim was a prosecution witness to a murder or
7 other felony committed by the defendant and was killed for
8 the purpose of preventing his testimony against the defendant
9 in any grand jury or criminal proceeding involving such
10 offenses.
11 (6) The defendant committed a killing while in the
12 perpetration of a felony.
13 (7) In the commission of the offense the defendant
14 knowingly created a grave risk of death to another person in
15 addition to the victim of the offense.
16 (8) The offense was committed by means of torture.
17 (9) The defendant has a significant history of felony
18 convictions involving the use or threat of violence to the
19 person.
20 (10) The defendant has been convicted of another Federal
21 or State offense, committed either before or at the time of
22 the offense at issue, for which a sentence of life
23 imprisonment or death was imposable or the defendant was
24 undergoing a sentence of life imprisonment for any reason at
25 the time of the commission of the offense.
26 (11) The defendant has been convicted of another murder,
27 committed either before or at the time of the offense at
28 issue.
29 (12) The defendant has been convicted of voluntary
30 manslaughter, as defined in 18 Pa.C.S. § 2503 (relating to
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1 voluntary manslaughter), committed either before or at the
2 time of the offense at issue.
3 (13) The victim was under 12 years of age and the
4 defendant was 18 years of age or older.
5 * * *
6 Section 2. This act shall take effect in 60 days.
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