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 19770S1065B1259 - 2 -
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. F27L21WMB/19770S1065B1259 - 3 -