HB 888 — 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 for murder, murder of unborn child and murder of law enforcement officer; in arson, criminal mischief and other property destruction, further providing for the offense of arson and related offenses; in jurisdiction of appellate courts, further providing for direct appeals from courts of common pleas; in post-trial matters, further providing for postconviction DNA testing and for disposition and appeal; in sentencing, further providing for sentencing procedure for murder of the first degree; and, in execution procedure and method, repealing provisions relating to issuance of warrant.

PRINTER'S NO.   960

                      THE GENERAL ASSEMBLY OF PENNSYLVANIA



                           HOUSE BILL
                           No. 888
                                                   Session of
                                                     2025

     INTRODUCED BY DIAMOND, M. BROWN, HANBIDGE, D'ORSIE, WAXMAN,
        DAVIDSON AND KHAN, MARCH 17, 2025

     REFERRED TO COMMITTEE ON JUDICIARY, MARCH 17, 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 for murder,
 5      murder of unborn child and murder of law enforcement officer;
 6      in arson, criminal mischief and other property destruction,
 7      further providing for the offense of arson and related
 8      offenses; in jurisdiction of appellate courts, further
 9      providing for direct appeals from courts of common pleas; in
10      post-trial matters, further providing for postconviction DNA
11      testing and for disposition and appeal; in sentencing,
12      further providing for sentencing procedure for murder of the
13      first degree; and, in execution procedure and method,
14      repealing provisions relating to issuance of warrant.
15      The General Assembly of the Commonwealth of Pennsylvania
16   hereby enacts as follows:
17      Section 1.      Sections 1102(a) and 3301(b)(1) of Title 18 of
18   the Pennsylvania Consolidated Statutes are amended to read:
19   § 1102.    Sentence for murder, murder of unborn child and murder
20                   of law enforcement officer.
21      (a)    First degree.--
22             (1)   Except as provided under section 1102.1 (relating to
23      sentence of persons under the age of 18 for murder, murder of
24      an unborn child and murder of a law enforcement officer), a
 1      person who has been convicted of a murder of the first degree
 2      or of murder of a law enforcement officer of the first degree
 3      shall be sentenced to [death or to] a term of life
 4      imprisonment in accordance with 42 Pa.C.S. § 9711 (relating
 5      to sentencing procedure for murder of the first degree).
 6             (2)   The sentence for a person who has been convicted of
 7      first degree murder of an unborn child shall be the same as
 8      the sentence for murder of the first degree.[, except that
 9      the death penalty shall not be imposed. This paragraph shall
10      not affect the determination of an aggravating circumstance
11      under 42 Pa.C.S. § 9711(d)(17) for the killing of a pregnant
12      woman.]
13      * * *
14   § 3301.    Arson and related offenses.
15      * * *
16      (b)    Sentence.--
17             (1)   A person convicted of violating the provisions of
18      subsection (a)(2), murder of the first degree[,] or second
19      degree shall be sentenced to [death or] life imprisonment
20      without right to parole[; a person convicted of murder of the
21      second degree, pursuant to subsection (a)(2), shall be
22      sentenced to life imprisonment without right to parole].
23      Notwithstanding provisions to the contrary, no language
24      herein shall infringe upon the inherent powers of the
25      Governor to commute said sentence.
26             * * *
27      Section 2.     Sections 722(4), 9543.1(a)(6), (c)(2) and (3) and
28   (d)(2), 9577(a) and 9711 of Title 42 are amended to read:
29   § 722.    Direct appeals from courts of common pleas.
30      The Supreme Court shall have exclusive jurisdiction of

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 1   appeals from final orders of the courts of common pleas in the
 2   following classes of cases:
 3            * * *
 4            (4)    Automatic review of sentences as provided by 42
 5      Pa.C.S. [§§ 9546(d) (relating to relief and order) and
 6      9711(h) (relating to review of death sentence)] § 9546(d)
 7      (relating to relief and order).
 8            * * *
 9   § 9543.1.      Postconviction DNA testing.
10      (a)   Motion.--
11            * * *
12            (6)    The motion shall explain how, after review of the
13      record of the applicant's trial, there is a reasonable
14      possibility if the applicant is under State supervision, or
15      there is a reasonable probability if the applicant is not
16      under State supervision, or after review of the record of the
17      applicant's guilty plea there is a reasonable probability,
18      that the testing would produce exculpatory evidence that
19      would establish:
20                  (i)   the applicant's actual innocence of the offense
21            for which the applicant was convicted;
22                  [(ii)   in a capital case, the applicant's actual
23            innocence of the charged or uncharged conduct
24            constituting an aggravating circumstance under section
25            9711(d) (relating to sentencing procedure for murder of
26            the first degree) if the applicant's exoneration of the
27            conduct would result in vacating a sentence of death; or
28                  (iii)   in a capital case, a mitigating circumstance
29            under section 9711(e)(7) under the circumstances set
30            forth in section 9711(c)(1)(iv)].

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 1      * * *
 2      (c)   Requirements.--In any motion under subsection (a), under
 3   penalty of perjury, the applicant shall:
 4            * * *
 5            (2)   (i)     in a sworn statement subject to the penalties
 6            under 18 Pa.C.S. §§ 4902 (relating to perjury) and 4903
 7            (relating to false swearing), assert the applicant's
 8            actual innocence of the offense for which the applicant
 9            was convicted and that the applicant seeks DNA testing
10            for the purpose of demonstrating the applicant's actual
11            innocence; and
12                  [(ii)    in a capital case:
13                         (A)   assert the applicant's actual innocence of
14                  the charged or uncharged conduct constituting an
15                  aggravating circumstance under section 9711(d) if the
16                  applicant's exoneration of the conduct would result
17                  in vacating a sentence of death; or
18                         (B)   assert that the outcome of the DNA testing
19                  would establish a mitigating circumstance under
20                  section 9711(e)(7) if that mitigating circumstance
21                  was presented to the sentencing judge or jury and
22                  facts as to that issue were in dispute at the
23                  sentencing hearing.]
24            (3)   present a prima facie case demonstrating that the:
25                  (i)    identity of or the participation in the crime by
26            the perpetrator was at issue in the proceedings that
27            resulted in the applicant's conviction and sentencing;
28            and
29                  (ii)    DNA testing of the specific evidence, assuming
30            exculpatory results, would establish:

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 1                      (A)    the applicant's actual innocence of the
 2                offense for which the applicant was convicted;
 3                      [(B)   in a capital case, the applicant's actual
 4                innocence of the charged or uncharged conduct
 5                constituting an aggravating circumstance under
 6                section 9711(d) if the applicant's exoneration of the
 7                conduct would result in vacating a sentence of death;
 8                or
 9                      (C)    in a capital case, a mitigating circumstance
10                under section 9711(e)(7) under the circumstances set
11                forth in section 9711(c)(1)(iv).]
12    (d)   Order.--
13          * * *
14          (2)   The court shall not order the testing requested in a
15    motion under subsection (a) if, after review of the record of
16    the applicant's trial, the court determines that there is no
17    reasonable possibility for an applicant under State
18    supervision, or there is no reasonable probability for an
19    applicant not under State supervision, or after review of the
20    record of the applicant's guilty plea, the court determines
21    that there is no reasonable probability, that the testing
22    would produce exculpatory evidence that:
23                (i)   would establish the applicant's actual innocence
24          of the offense for which the applicant was convicted;
25                [(ii)   in a capital case, would establish the
26          applicant's actual innocence of the charged or uncharged
27          conduct constituting an aggravating circumstance under
28          section 9711(d) if the applicant's exoneration of the
29          conduct would result in vacating a sentence of death; or
30                (iii)   in a capital case, would establish a

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 1             mitigating circumstance under section 9711(e)(7) under
 2             the circumstances set forth in section 9711(c)(1)(iv).]
 3             * * *
 4   § 9577.    Disposition and appeal.
 5      [(a)    Capital unitary review.--Review by the Supreme Court
 6   under section 9711(h) (relating to review of death sentence)
 7   shall comprise direct appeal and collateral appeal. The common
 8   pleas court order disposing of the petition under this
 9   subchapter shall constitute the final judgment for purposes of
10   this review.]
11      * * *
12   § 9711.    Sentencing procedure for murder of the first degree.
13      [(a)    Procedure in jury trials.--
14             (1)]    After a verdict of murder of the first degree is
15      recorded [and before the jury is discharged], the court shall
16      [conduct a separate sentencing hearing in which the jury
17      shall determine whether the defendant shall be sentenced to
18      death or] sentence the defendant to life imprisonment.
19             [(2)    In the sentencing hearing, evidence concerning the
20      victim and the impact that the death of the victim has had on
21      the family of the victim is admissible. Additionally,
22      evidence may be presented as to any other matter that the
23      court deems relevant and admissible on the question of the
24      sentence to be imposed. Evidence shall include matters
25      relating to any of the aggravating or mitigating
26      circumstances specified in subsections (d) and (e), and
27      information concerning the victim and the impact that the
28      death of the victim has had on the family of the victim.
29      Evidence of aggravating circumstances shall be limited to
30      those circumstances specified in subsection (d).

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 1            (3)   After the presentation of evidence, the court shall
 2      permit counsel to present argument for or against the
 3      sentence of death. The court shall then instruct the jury in
 4      accordance with subsection (c).
 5            (4)   Failure of the jury to unanimously agree upon a
 6      sentence shall not impeach or in any way affect the guilty
 7      verdict previously recorded.
 8      (b)   Procedure in nonjury trials and guilty pleas.--If the
 9   defendant has waived a jury trial or pleaded guilty, the
10   sentencing proceeding shall be conducted before a jury impaneled
11   for that purpose unless waived by the defendant with the consent
12   of the Commonwealth, in which case the trial judge shall hear
13   the evidence and determine the penalty in the same manner as
14   would a jury as provided in subsection (a).
15      (c)   Instructions to jury.--
16            (1)   Before the jury retires to consider the sentencing
17      verdict, the court shall instruct the jury on the following
18      matters:
19                  (i)    The aggravating circumstances specified in
20            subsection (d) as to which there is some evidence.
21                  (ii)    The mitigating circumstances specified in
22            subsection (e) as to which there is some evidence.
23                  (iii)    Aggravating circumstances must be proved by
24            the Commonwealth beyond a reasonable doubt; mitigating
25            circumstances must be proved by the defendant by a
26            preponderance of the evidence.
27                  (iv)    The verdict must be a sentence of death if the
28            jury unanimously finds at least one aggravating
29            circumstance specified in subsection (d) and no
30            mitigating circumstance or if the jury unanimously finds

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 1            one or more aggravating circumstances which outweigh any
 2            mitigating circumstances. The verdict must be a sentence
 3            of life imprisonment in all other cases.
 4                  (v)   The court may, in its discretion, discharge the
 5            jury if it is of the opinion that further deliberation
 6            will not result in a unanimous agreement as to the
 7            sentence, in which case the court shall sentence the
 8            defendant to life imprisonment.
 9            (2)   The court shall instruct the jury that if it finds
10      at least one aggravating circumstance and at least one
11      mitigating circumstance, it shall consider, in weighing the
12      aggravating and mitigating circumstances, any evidence
13      presented about the victim and about the impact of the murder
14      on the victim's family. The court shall also instruct the
15      jury on any other matter that may be just and proper under
16      the circumstances.
17      (d)   Aggravating circumstances.--Aggravating circumstances
18   shall be limited to the following:
19            (1)   The victim was a firefighter, peace officer, public
20      servant concerned in official detention, as defined in 18
21      Pa.C.S. § 5121 (relating to escape), judge of any court in
22      the unified judicial system, the Attorney General of
23      Pennsylvania, a deputy attorney general, district attorney,
24      assistant district attorney, member of the General Assembly,
25      Governor, Lieutenant Governor, Auditor General, State
26      Treasurer, State law enforcement official, local law
27      enforcement official, Federal law enforcement official or
28      person employed to assist or assisting any law enforcement
29      official in the performance of his duties, who was killed in
30      the performance of his duties or as a result of his official

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 1    position.
 2        (2)     The defendant paid or was paid by another person or
 3    had contracted to pay or be paid by another person or had
 4    conspired to pay or be paid by another person for the killing
 5    of the victim.
 6        (3)     The victim was being held by the defendant for
 7    ransom or reward, or as a shield or hostage.
 8        (4)     The death of the victim occurred while defendant was
 9    engaged in the hijacking of an aircraft.
10        (5)     The victim was a prosecution witness to a murder or
11    other felony committed by the defendant and was killed for
12    the purpose of preventing his testimony against the defendant
13    in any grand jury or criminal proceeding involving such
14    offenses.
15        (6)     The defendant committed a killing while in the
16    perpetration of a felony.
17        (7)     In the commission of the offense the defendant
18    knowingly created a grave risk of death to another person in
19    addition to the victim of the offense.
20        (8)     The offense was committed by means of torture.
21        (9)     The defendant has a significant history of felony
22    convictions involving the use or threat of violence to the
23    person.
24        (10)     The defendant has been convicted of another Federal
25    or State offense, committed either before or at the time of
26    the offense at issue, for which a sentence of life
27    imprisonment or death was imposable or the defendant was
28    undergoing a sentence of life imprisonment for any reason at
29    the time of the commission of the offense.
30        (11)     The defendant has been convicted of another murder

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 1    committed in any jurisdiction and committed either before or
 2    at the time of the offense at issue.
 3        (12)   The defendant has been convicted of voluntary
 4    manslaughter, as defined in 18 Pa.C.S. § 2503 (relating to
 5    voluntary manslaughter), or a substantially equivalent crime
 6    in any other jurisdiction, committed either before or at the
 7    time of the offense at issue.
 8        (13)   The defendant committed the killing or was an
 9    accomplice in the killing, as defined in 18 Pa.C.S. § 306(c)
10    (relating to liability for conduct of another; complicity),
11    while in the perpetration of a felony under the provisions of
12    the act of April 14, 1972 (P.L.233, No.64), known as The
13    Controlled Substance, Drug, Device and Cosmetic Act, and
14    punishable under the provisions of 18 Pa.C.S. § 7508
15    (relating to drug trafficking sentencing and penalties).
16        (14)   At the time of the killing, the victim was or had
17    been involved, associated or in competition with the
18    defendant in the sale, manufacture, distribution or delivery
19    of any controlled substance or counterfeit controlled
20    substance in violation of The Controlled Substance, Drug,
21    Device and Cosmetic Act or similar law of any other state,
22    the District of Columbia or the United States, and the
23    defendant committed the killing or was an accomplice to the
24    killing as defined in 18 Pa.C.S. § 306(c), and the killing
25    resulted from or was related to that association, involvement
26    or competition to promote the defendant's activities in
27    selling, manufacturing, distributing or delivering controlled
28    substances or counterfeit controlled substances.
29        (15)   At the time of the killing, the victim was or had
30    been a nongovernmental informant or had otherwise provided

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 1      any investigative, law enforcement or police agency with
 2      information concerning criminal activity and the defendant
 3      committed the killing or was an accomplice to the killing as
 4      defined in 18 Pa.C.S. § 306(c), and the killing was in
 5      retaliation for the victim's activities as a nongovernmental
 6      informant or in providing information concerning criminal
 7      activity to an investigative, law enforcement or police
 8      agency.
 9            (16)    The victim was a child under 12 years of age.
10            (17)    At the time of the killing, the victim was in her
11      third trimester of pregnancy or the defendant had knowledge
12      of the victim's pregnancy.
13            (18)    At the time of the killing the defendant was
14      subject to a court order restricting in any way the
15      defendant's behavior toward the victim pursuant to 23 Pa.C.S.
16      Ch. 61 (relating to protection from abuse) or any other order
17      of a court of common pleas or of the minor judiciary designed
18      in whole or in part to protect the victim from the defendant.
19      (e)   Mitigating circumstances.--Mitigating circumstances
20   shall include the following:
21            (1)    The defendant has no significant history of prior
22      criminal convictions.
23            (2)    The defendant was under the influence of extreme
24      mental or emotional disturbance.
25            (3)    The capacity of the defendant to appreciate the
26      criminality of his conduct or to conform his conduct to the
27      requirements of law was substantially impaired.
28            (4)    The age of the defendant at the time of the crime.
29            (5)    The defendant acted under extreme duress, although
30      not such duress as to constitute a defense to prosecution

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 1      under 18 Pa.C.S. § 309 (relating to duress), or acted under
 2      the substantial domination of another person.
 3            (6)   The victim was a participant in the defendant's
 4      homicidal conduct or consented to the homicidal acts.
 5            (7)   The defendant's participation in the homicidal act
 6      was relatively minor.
 7            (8)   Any other evidence of mitigation concerning the
 8      character and record of the defendant and the circumstances
 9      of his offense.
10      (f)   Sentencing verdict by the jury.--
11            (1)   After hearing all the evidence and receiving the
12      instructions from the court, the jury shall deliberate and
13      render a sentencing verdict. In rendering the verdict, if the
14      sentence is death, the jury shall set forth in such form as
15      designated by the court the findings upon which the sentence
16      is based.
17            (2)   Based upon these findings, the jury shall set forth
18      in writing whether the sentence is death or life
19      imprisonment.
20      (g)   Recording sentencing verdict.--Whenever the jury shall
21   agree upon a sentencing verdict, it shall be received and
22   recorded by the court. The court shall thereafter impose upon
23   the defendant the sentence fixed by the jury.
24      (h)   Review of death sentence.--
25            (1)   A sentence of death shall be subject to automatic
26      review by the Supreme Court of Pennsylvania pursuant to its
27      rules.
28            (2)   In addition to its authority to correct errors at
29      trial, the Supreme Court shall either affirm the sentence of
30      death or vacate the sentence of death and remand for further

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 1      proceedings as provided in paragraph (4).
 2            (3)   The Supreme Court shall affirm the sentence of death
 3      unless it determines that:
 4                  (i)    the sentence of death was the product of
 5            passion, prejudice or any other arbitrary factor; or
 6                  (ii)    the evidence fails to support the finding of at
 7            least one aggravating circumstance specified in
 8            subsection (d).
 9            (4)   If the Supreme Court determines that the death
10      penalty must be vacated because none of the aggravating
11      circumstances are supported by sufficient evidence, then it
12      shall remand for the imposition of a life imprisonment
13      sentence. If the Supreme Court determines that the death
14      penalty must be vacated for any other reason, it shall remand
15      for a new sentencing hearing pursuant to subsections (a)
16      through (g).
17      (i)   Record of death sentence to Governor.--Where a sentence
18   of death is upheld by the Supreme Court, the prothonotary of the
19   Supreme Court shall transmit to the Governor a full and complete
20   record of the trial, sentencing hearing, imposition of sentence,
21   opinion and order by the Supreme Court within 30 days of one of
22   the following, whichever occurs first:
23            (1)   the expiration of the time period for filing a
24      petition for writ of certiorari or extension thereof where
25      neither has been filed;
26            (2)   the denial of a petition for writ of certiorari; or
27            (3)   the disposition of the appeal by the United States
28      Supreme Court, if that court grants the petition for writ of
29      certiorari.
30   Notice of this transmission shall contemporaneously be provided

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 1   to the Secretary of Corrections.]
 2      Section 3.     Section 4302 of Title 61 is repealed:
 3   [§ 4302.    Issuance of warrant.
 4      (a)     Time.--
 5            (1)   After the receipt of the record pursuant to 42
 6      Pa.C.S. § 9711(i) (relating to sentencing procedure for
 7      murder of the first degree), unless a pardon or commutation
 8      has been issued, the Governor shall, within 90 days, issue a
 9      warrant specifying a day for execution which shall be no
10      later than 60 days after the date the warrant is signed.
11            (2)   If, because of a reprieve or a judicial stay of the
12      execution, the date of execution passes without imposition of
13      the death penalty, unless a pardon or commutation has been
14      issued, the Governor shall, within 30 days after receiving
15      notice of the termination of the reprieve or the judicial
16      stay, reissue a warrant specifying a day for execution which
17      shall be no later than 60 days after the date of reissuance
18      of the warrant.
19      (b)     Secretary.--The warrant shall be directed to the
20   secretary commanding that the subject of the warrant be executed
21   on the day named in the warrant and in the manner prescribed by
22   law.
23      (c)     Failure to timely comply.--If the Governor fails to
24   timely comply with the provisions of this section and a pardon
25   or commutation has not been issued, the secretary shall, within
26   30 days following the Governor's failure to comply, schedule and
27   carry out the execution no later than 60 days from the date by
28   which the Governor was required to sign the warrant under
29   subsection (a).]
30      Section 4.     This act shall apply to defendants and

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1   individuals who have not been sentenced as of the effective date
2   of this section.
3      Section 5.   This act shall take effect in 60 days.




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