HB 1441 — An Act amending Titles 18 (Crimes and Offenses), 42 (Judiciary and Judicial Procedure) and 61 (Prisons and Parole) of the Pennsylvania Consolidated Statutes, in authorized disposition of offenders, further providing for sentence of persons under the age of 18 for murder, murder of an unborn child and murder of a law enforcement officer; in sentencing, further providing for sentences for second and subsequent offenses; and, in Pennsylvania Board of Probation and Parole, further providing for parole power.

PRINTER'S NO.    1679

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 1441
                                               Session of
                                                 2025

     INTRODUCED BY DAWKINS, WAXMAN, ISAACSON, BURGOS, GIRAL, HILL-
        EVANS, RABB, SANCHEZ, MAYES, CEPEDA-FREYTIZ, D. WILLIAMS,
        KENYATTA, K.HARRIS, RIVERA, GUZMAN, SCHLOSSBERG AND GREEN,
        MAY 12, 2025

     REFERRED TO COMMITTEE ON JUDICIARY, MAY 12, 2025


                                    AN ACT
 1   Amending Titles 18 (Crimes and Offenses), 42 (Judiciary and
 2      Judicial Procedure) and 61 (Prisons and Parole) of the
 3      Pennsylvania Consolidated Statutes, in authorized disposition
 4      of offenders, further providing for sentence of persons under
 5      the age of 18 for murder, murder of an unborn child and
 6      murder of a law enforcement officer; in sentencing, further
 7      providing for sentences for second and subsequent offenses;
 8      and, in Pennsylvania Board of Probation and Parole, further
 9      providing for parole power.
10      The General Assembly of the Commonwealth of Pennsylvania
11   hereby enacts as follows:
12      Section 1.    Section 1102.1(a), (b) and (d) introductory
13   paragraph of Title 18 of the Pennsylvania Consolidated Statutes
14   are amended to read:
15   § 1102.1.   Sentence of persons under the age of 18 for murder,
16               murder of an unborn child and murder of a law
17               enforcement officer.
18      (a)   First degree murder.--A person who has been convicted
19   after June 24, 2012, of a murder of the first degree, first
20   degree murder of an unborn child or murder of a law enforcement
 1   officer of the first degree and who was under the age of 18 at
 2   the time of the commission of the offense shall be sentenced as
 3   follows:
 4             (1)   A person who at the time of the commission of the
 5      offense was 15 years of age or older shall be sentenced to a
 6      term of life imprisonment [without parole], or a term of
 7      imprisonment, the minimum of which shall be at least 35 years
 8      to life.
 9             (2)   A person who at the time of the commission of the
10      offense was under 15 years of age shall be sentenced to a
11      term of life imprisonment [without parole], or a term of
12      imprisonment, the minimum of which shall be at least 25 years
13      to life.
14      (b)     Notice.--Reasonable notice to the defendant of the
15   Commonwealth's intention to seek a sentence of life imprisonment
16   [without parole] under subsection (a) shall be provided after
17   conviction and before sentencing.
18      * * *
19      (d)     Findings.--In determining whether to impose a sentence
20   of life [without parole] under subsection (a), the court shall
21   consider and make findings on the record regarding the
22   following:
23             * * *
24      Section 2.     Section 9714(a)(2) of Title 42 is amended to
25   read:
26   § 9714.    Sentences for second and subsequent offenses.
27      (a)     Mandatory sentence.--
28             * * *
29             (2)   Where the person had at the time of the commission
30      of the current offense previously been convicted of two or

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 1      more such crimes of violence arising from separate criminal
 2      transactions, the person shall be sentenced to a minimum
 3      sentence of at least 25 years of total confinement,
 4      notwithstanding any other provision of this title or other
 5      statute to the contrary. Proof that the offender received
 6      notice of or otherwise knew or should have known of the
 7      penalties under this paragraph shall not be required. Upon
 8      conviction for a third or subsequent crime of violence the
 9      court may, if it determines that 25 years of total
10      confinement is insufficient to protect the public safety,
11      sentence the offender to life imprisonment [without parole].
12      * * *
13      Section 3.         Section 6137(a)(1) and (3) of Title 61 are
14   amended and the subsection is amended by adding a paragraph to
15   read:
16   § 6137.    Parole power.
17      (a)    General criteria for parole.--
18             (1)   The board may parole subject to consideration of
19      guidelines established under 42 Pa.C.S. § 2154.5 (relating to
20      adoption of guidelines for parole) or subject to section
21      6137.1 (relating to short sentence parole) and such
22      information developed by or furnished to the board under
23      section 6174 (relating to right of access to offenders), or
24      both, and may release on parole any offender to whom the
25      power to parole is granted to the board by this chapter,
26      except an offender condemned to death [or serving life
27      imprisonment], whenever in its opinion:
28                   (i)    The best interests of the offender justify or
29             require that the offender be paroled.
30                   (ii)    It does not appear that the interests of the

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 1          Commonwealth will be injured by the offender's parole.
 2          * * *
 3          (3)   The power to parole granted under this section to
 4      the board may not be exercised in the board's discretion at
 5      any time before, but only after[, the]:
 6                (i)    The expiration of the minimum term of
 7          imprisonment fixed by the court in its sentence or by the
 8          Board of Pardons in a sentence which has been reduced by
 9          commutation.
10                (ii)    Notwithstanding 42 Pa.C.S. § 9757 (relating to
11          consecutive sentences of total confinement for multiple
12          offenses), five years after the date of incarceration
13          which, in the case of an offender sentenced to life
14          imprisonment, shall include any period of uninterrupted
15          incarceration occurring prior to trial.
16          * * *
17          (6)     The board may not consider or grant parole to any
18      offender sentenced under 18 Pa.C.S. § 1102(b) (relating
19      to sentence for murder, murder of unborn child and murder of
20      law enforcement officer) where the victim was a law
21      enforcement officer.
22      * * *
23      Section 4.      The amendment or addition of the following
24   provisions shall apply to individuals sentenced to imprisonment
25   before, on or after the effective date of this section:
26          (1)   18 Pa.C.S. § 1102.1(a), (b) and (d) introductory
27      paragraph.
28          (2)   42 Pa.C.S. § 9714(a)(2).
29          (3)   61 Pa.C.S. § 6137(a)(1), (3) and (6).
30      Section 5.      This act shall take effect in 60 days.

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