PRINTER'S NO. 1085
No. 953 Session of 1999
INTRODUCED BY HELFRICK, HUGHES, KITCHEN AND KUKOVICH, MAY 10, 1999
REFERRED TO JUDICIARY, MAY 10, 1999
AN ACT 1 Amending Title 42 (Judiciary and Judicial Procedure) of the 2 Pennsylvania Consolidated Statutes, prohibiting the 3 prosecutor from requesting the death penalty or the 4 sentencing court from imposing the death penalty where the 5 victim's family opposes the imposition of the death penalty. 6 The General Assembly of the Commonwealth of Pennsylvania 7 hereby enacts as follows: 8 Section 1. Section 9711 of Title 42 of the Pennsylvania 9 Consolidated Statutes is amended by adding a subsection to read: 10 § 9711. Sentencing procedure for murder of the first degree. 11 * * * 12 (a.1) Victim's family wishes.--In any case where the 13 defendant is charged with murder of the first degree, the 14 prosecutor shall not seek nor the sentencing court impose a 15 sentence of death where the victim's surviving spouse, adult 16 child or parent indicates, at any stage of the proceedings, that 17 he or she does not want the death penalty to be imposed. 18 * * * 19 Section 2. This act shall take effect in 60 days. D30L42JLW/19990S0953B1085