Contact:
Connease Warren, Straight Ahead, 713-304-8990, connease@straight-ahead.org
Jules Rodgers, Amistad Law Project, (214) 542-4117, jules@amistadlaw.org
WHAT: Press conference to announce the formal introduction of two Pennsylvania state bills, HB 443 and a companion bill in the Senate, that would create the opportunity to seek parole for those incarcerated with second-degree felony murder sentences rather than requiring they remain incarcerated through old age and death. The bills would bring Pennsylvania sentencing laws closer to alignment with the majority of other states.
“This bill is about fairness and second chances. By allowing parole consideration after 25 years, this bill ensures sentences are more just and give individuals a chance to rehabilitate. It also eases the financial burden on taxpayers, offering a more compassionate and practical approach to sentencing,” said Rep. Tim Briggs.
“Our joint legislation aligns Pennsylvania with the majority of states and reflects broad public support—79% of Pennsylvanians favor judicial discretion in these cases. By recognizing the potential for rehabilitation and change, this legislation ensures that sentencing policies uphold both justice and the opportunity for redemption while maintaining accountability. It provides a more balanced and fair approach to sentencing, allowing individuals who have demonstrated growth and rehabilitation the chance to reenter society as productive citizens,” said Senators Sharif Street and Camera Bartolotta in a statement.
WHO: Representative Tim Briggs (D-149th District), Chairman of the PA House Judiciary Committee, Senator Sharif Street (D-3rd District), Senator Camera Bartolotta (R-46th District), Representative Rick Krajewski (D-188th District) and Representative Torren Ecker (R-193rd District)
WHEN: Wednesday, February 5, 2025, 1:00 p.m. ET
WHERE: The Capitol Media Center Room, 1E Pennsylvania State Capitol, Harrisburg
Listen to the Livestream: https://www.youtube.com/watch?v=QH8KB6b5XJ4
BACKGROUND:
In Pennsylvania, a person can be found guilty of violating Section 2502(b) (Murder of the second degree; oftentimes referred to as “felony murder”) of Title 18 (Crimes and Offenses) () without having committed, intended to commit, or even having knowledge of the committed murder. Pennsylvania’s application of the felony murder rule is particularly extreme because the mandatory minimum sentence is life without parole. The state has the country’s highest per capita rate of people serving these death-by-incarceration (DBI) sentences —5,200 individuals, accounting for ten percent of the U.S. total serving this sentence. They are disproportionately older than other incarcerated individuals inside PA prisons, with the average age in 2023 being 51.7. “Pennsylvania’s state prison system has become overburdened with caring for a rapidly growing aging and ill population. At a cost of more than $400 million a year, medical care for incarcerated people continues to be an enormous strain on the Department of Corrections and taxpayers,” said Reps. Rick Krajewski and Torren Ecker in a statement about their upcoming medical parole bill.
Additionally, 70 percent of the more than 1,100 people in Pennsylvania serving death-by-incarceration sentences for felony murder are Black. While this bill would allow parole eligibility for those convicted of felony murder it highlights the larger issue of long-needed reform to DBI sentencing in PA. The PA Supreme Court is considering the constitutionality of DBI sentences for felony murder in the case of Commonwealth v. Derek Lee, in which the Abolitionist Law Center presented oral argument on October 8, 2024, on behalf of their client. Mr. Lee’s appeal asserts such sentences amount to cruel and unusual punishment.
The cruel and inhumane nature of felony murder sentencing and other severe sentencing laws over the past several decades, have led to a rising number of elderly incarcerated persons requiring extensive and expensive medical care. According to experts, prison is not an appropriate care environment for medically vulnerable elders. The need for compassionate release is greater than ever, yet there are major barriers to accessing relief under the current law.