SB 135 — 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; in miscellaneous provisions relating to inmate confinement, establishing the Life with Parole Reinvestment Fund; and, in Pennsylvania Board of Probation and Parole, further providing for parole power.

PRINTER'S NO.   135

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        SENATE BILL
                        No. 135
                                               Session of
                                                 2025

     INTRODUCED BY STREET, KEARNEY, SAVAL, TARTAGLIONE, KANE,
        SCHWANK, HAYWOOD, CAPPELLETTI AND HUGHES, FEBRUARY 3, 2025

     REFERRED TO JUDICIARY, FEBRUARY 3, 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      in miscellaneous provisions relating to inmate confinement,
 9      establishing the Life with Parole Reinvestment Fund; and, in
10      Pennsylvania Board of Probation and Parole, further providing
11      for parole power.
12      The General Assembly of the Commonwealth of Pennsylvania
13   hereby enacts as follows:
14      Section 1.    Section 1102.1(a), (b), (c)(1) and (d)
15   introductory paragraph of Title 18 of the Pennsylvania
16   Consolidated Statutes are amended and the section is amended by
17   adding a subsection to read:
18   § 1102.1.   Sentence of persons under the age of 18 for murder,
19               murder of an unborn child and murder of a law
20               enforcement officer.
21      (a)   First degree murder.--[A] Except as provided under
22   subsection (a.1), a person who has been convicted after June 24,
 1   2012, of a murder of the first degree[,] or first degree murder
 2   of an unborn child [or murder of a law enforcement officer of
 3   the first degree] and who was under the age of 18 at the time of
 4   the commission of the offense shall be sentenced as follows:
 5            (1)   A person who at the time of the commission of the
 6      offense was 15 years of age or older shall be sentenced to a
 7      term of life imprisonment [without parole, or a term of
 8      imprisonment], the minimum of which shall be [at least] 35
 9      years to life.
10            (2)   A person who at the time of the commission of the
11      offense was under 15 years of age shall be sentenced to a
12      term of life imprisonment [without parole, or a term of
13      imprisonment], the minimum of which shall be [at least] 25
14      years to life.
15      (a.1)   Law enforcement officers.--A person who has been
16   convicted of a murder of a law enforcement officer of the first
17   degree and who was under 18 years of age at the time of the
18   commission of the offense shall be sentenced as follows:
19            (1)   A person who at the time of the commission of the
20      offense was 15 years of age or older shall be sentenced to a
21      term of life imprisonment without parole, or a term of
22      imprisonment, the minimum of which shall be at least 35 years
23      and the maximum of which shall be life imprisonment.
24            (2)   A person who at the time of the commission of the
25      offense was under 15 years of age shall be sentenced to a
26      term of life imprisonment without parole, or a term of
27      imprisonment, the minimum of which shall be at least 25 years
28      and the maximum of which shall be life imprisonment.
29      (b)   Notice.--Reasonable notice to the defendant of the
30   Commonwealth's intention to seek a sentence of life imprisonment

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 1   without parole under subsection (a) or (a.1) shall be provided
 2   after conviction and before sentencing.
 3      (c)     Second degree murder.--A person who has been convicted
 4   after June 24, 2012, of a murder of the second degree, second
 5   degree murder of an unborn child or murder of a law enforcement
 6   officer of the second degree and who was under the age of 18 at
 7   the time of the commission of the offense shall be sentenced as
 8   follows:
 9             (1)   A person who at the time of the commission of the
10      offense was [15] 25 years of age or older shall be sentenced
11      to a term of imprisonment the minimum of which shall be at
12      least 30 years to life.
13             * * *
14      (d)     Findings.--In determining whether to impose a sentence
15   of life without parole under subsection (a) or (a.1), the court
16   shall consider and make findings on the record regarding the
17   following:
18             * * *
19      Section 2.     Section 9714(a)(2) of Title 42 is amended to
20   read:
21   § 9714.    Sentences for second and subsequent offenses.
22      (a)     Mandatory sentence.--
23             * * *
24             (2)   Where the person had at the time of the commission
25      of the current offense previously been convicted of two or
26      more such crimes of violence arising from separate criminal
27      transactions, the person shall be sentenced to a minimum
28      sentence of at least 25 years of total confinement,
29      notwithstanding any other provision of this title or other
30      statute to the contrary. Proof that the offender received

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 1      notice of or otherwise knew or should have known of the
 2      penalties under this paragraph shall not be required. Upon
 3      conviction for a third or subsequent crime of violence the
 4      court may[, if it determines that 25 years of total
 5      confinement is insufficient to protect the public safety,]
 6      sentence the offender to a minimum sentence of at least 20
 7      years of total confinement and a maximum sentence of life
 8      imprisonment [without parole].
 9      * * *
10      Section 3.     Title 61 is amended by adding a section to read:
11   § 5912.    Life with Parole Reinvestment Fund.
12      (a)     Establishment.--The Life with Parole Reinvestment Fund
13   is established as a separate fund within the State Treasury to
14   provide funding for all of the following:
15             (1)   Victim services.
16             (2)   Offender reentry programs.
17             (3)   The supervision of certain paroled offenders.
18      (b)     Savings assessment.--In fiscal years 2025-2026 through
19   2028-2029, the Office of the Budget shall develop a formula to
20   calculate the amount of savings to the department in the prior
21   fiscal year as a result of the reduction in prison population
22   because of the paroling of offenders previously incarcerated for
23   life without parole under section 6137(a)(3)(ii) and (iii)
24   (relating to parole power).
25      (c)     Appropriations.--In fiscal year 2025-2026 and each
26   fiscal year thereafter, the amount of savings calculated under
27   subsection (b) are appropriated to the fund.
28      (d)     Transfers.--In fiscal year 2026-2027 and each fiscal
29   year thereafter, the money in the fund shall be transferred as
30   follows:

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 1             (1)     Twenty-five percent to the Office of Victim Advocate
 2      for victim services programs.
 3             (2)     Twenty-five percent to the board for supervision of
 4      offenders under section 6137(a)(3)(ii) and (iii).
 5             (3)     Fifty percent to the Pennsylvania Commission on
 6      Crime and Delinquency to provide grants for victim services
 7      programs and reentry services.
 8      (e)    Definitions.--As used in this section, the term "fund"
 9   means the Life with Parole Reinvestment Fund.
10      Section 4.         Section 6137(a)(1) and (3) of Title 61 are
11   amended and the subsection is amended by adding a paragraph to
12   read:
13   § 6137.    Parole power.
14      (a)    General criteria for parole.--
15             (1)   The board may parole subject to consideration of
16      guidelines established under 42 Pa.C.S. § 2154.5 (relating to
17      adoption of guidelines for parole) or subject to section
18      6137.1 (relating to short sentence parole) and such
19      information developed by or furnished to the board under
20      section 6174 (relating to right of access to offenders), or
21      both, and may release on parole any offender to whom the
22      power to parole is granted to the board by this chapter,
23      except an offender condemned to death [or serving life
24      imprisonment], whenever in its opinion:
25                   (i)    The best interests of the offender justify or
26             require that the offender be paroled.
27                   (ii)    It does not appear that the interests of the
28             Commonwealth will be injured by the offender's parole.
29             * * *
30             (3)   The power to parole granted under this section to

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 1    the board may not be exercised in the board's discretion at
 2    any time before, but only after[, the]:
 3             (i)    The expiration of the minimum term of
 4        imprisonment fixed by the court in its sentence or by the
 5        Board of Pardons in a sentence which has been reduced by
 6        commutation.
 7             (ii)    Notwithstanding 42 Pa.C.S. § 9757 (relating to
 8        consecutive sentences of total confinement for multiple
 9        offenses) and except for an offender sentenced to life
10        imprisonment under 42 Pa.C.S. § 9711 (relating to
11        sentencing procedure for murder of the first degree), 25
12        years after the date of incarceration which, in the case
13        of an offender sentenced to life imprisonment, shall
14        include any period of uninterrupted incarceration
15        occurring prior to trial.
16             (iii)    Except as provided under paragraph (6) and
17        notwithstanding 42 Pa.C.S. § 9757, 35 years after the
18        date of incarceration which, in the case of an offender
19        sentenced to life imprisonment under 42 Pa.C.S. § 9711,
20        shall include any period of uninterrupted incarceration
21        occurring prior to trial.
22             (iv)    Except as provided under paragraph (6), 35
23        years in the case of an offender sentenced under 18
24        Pa.C.S. § 1102.1(a)(1) (relating to sentence of persons
25        under the age of 18 for murder, murder of an unborn child
26        and murder of a law enforcement officer).
27             (v)    Except as provided under paragraph (6) and
28        notwithstanding 42 Pa.C.S. § 9757, 25 years in the case
29        of an offender sentenced under 18 Pa.C.S. § 1102.1(a)(2).
30             (vi)    Notwithstanding 42 Pa.C.S. § 9757, 25 years in

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 1        the case of an offender sentenced under 18 Pa.C.S. §
 2        1102.1(c)(1).
 3              (vii)   Notwithstanding 42 Pa.C.S. § 9757, 20 years in
 4        the case of an offender sentenced under 18 Pa.C.S. §
 5        1102.1(c)(2).
 6        * * *
 7        (6)     The board may not consider or grant parole to any
 8    offender convicted of murdering a law enforcement officer of
 9    the first degree and sentenced under 18 Pa.C.S. § 1102(a)
10    (relating to sentence for murder, murder of unborn child and
11    murder of law enforcement officer).
12    * * *
13    Section 5.    This act shall take effect in 60 days.




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