PRINTER'S NO. 1259
No. 1065 Session of 1977
INTRODUCED BY MOORE, AUGUST 5, 1977
REFERRED TO JUDICIARY, AUGUST 5, 1977
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, adding provisions relating to murder.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Paragraph (1) of subsection (d) of section 1311
6 of Title 18, act of November 25, 1970 (P.L.707, No.230), known
7 as the Pennsylvania Consolidated Statutes, is amended by adding
8 a subparagraph to read:
9 § 1311. Sentencing for murder.
10 * * *
11 (d) Aggravating and mitigating circumstances.--If a murder
12 of the first degree is accompanied by at least one of the
13 following aggravating circumstances and none of the following
14 mitigating circumstances, the person convicted shall be
15 sentenced to death. If a murder of the first degree is not
16 accompanied by any of the following aggravating circumstances or
17 is accompanied by at least one of the following mitigating
18 circumstances the person convicted shall be sentenced to life
1 imprisonment:
2 (1) Aggravating circumstances.--
3 (i) The victim was a fireman, peace officer or
4 public servant concerned in official detention as defined
5 in section 5121 of this title (relating to escape), who
6 was killed in the performance of his duties.
7 (ii) The defendant paid or was paid by another
8 person or had contracted to pay or be paid by another
9 person or had conspired to pay or be paid by another
10 person for the killing of the victim.
11 (iii) The victim was being held by the defendant for
12 ransom or reward, or as a shield or hostage.
13 (iv) The death of the victim occurred while
14 defendant was engaged in the hijacking of an aircraft.
15 (v) The victim was a witness to a murder or other
16 felony committed by the defendant and was killed for the
17 purpose of preventing his testimony against the defendant
18 in any grand jury or criminal proceeding involving such
19 offenses.
20 (vi) The defendant committed a killing while in the
21 perpetration of a felony.
22 (vii) In the commission of the offense the defendant
23 knowingly created a grave risk of death to another person
24 in addition to the victim of the offense.
25 (viii) The offense was committed by means of
26 torture.
27 (ix) The defendant has been convicted of another
28 Federal or State offense, committed either before or at
29 the time of the offense at issue, for which a sentence of
30 life imprisonment or death was imposable or the defendant
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1 was undergoing a sentence of life imprisonment for any
2 reason at the time of the commission of the offense.
3 (x) At the time the murder was committed the
4 defendant also committed another murder.
5 * * *
6 Section 2. Subsection (c) of section 2502 of Title 18,
7 amended March 26, 1974 (P.L.213, No.46), is amended to read:
8 § 2502. Murder.
9 * * *
10 (c) Murder of the third degree.--[All other kinds of murder
11 shall be murder of the third degree.] A criminal homicide
12 constitutes murder of the third degree when it is committed
13 recklessly under circumstances manifesting extreme indifference
14 to the nature of human life. Murder of the third degree is a
15 felony of the first degree.
16 * * *
17 Section 3. This act shall take effect in 60 days.
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