Session: 2023-2024
ACLU-PA Position: Supports
HB 2296 (PN 3108) would create parole eligibility for people sentenced to second-degree murder, also known as felony murder, by:
- Changing the sentence for second-degree murder, murder of an unborn child, and murder of a law enforcement officer from life imprisonment to a maximum of 50 years;
- Changing the sentence for persons under 18 convicted of these offenses to a maximum of 40 years for those 15 or older and 30 years for those under 15; and
- Allowing the PA Board of Probation and Parole to grant parole to certain people sentenced to life imprisonment or lengthy sentences for these offenses after a minimum period of incarceration and with consideration of victim safety and the offender's level of culpability.
Currently in Pennsylvania, a person can be found guilty of second-degree murder and sentenced to mandatory life in prison without the possibility of parole (“felony murder”) without committing, intending to commit, or having knowledge of the murder committed.
Someone who intended to kill is inherently more culpable than someone who intended to commit a felony. HB 2296 recognizes this important distinction by treating these convictions differently and offering the possibility of parole for those convicted of felony murder. For juveniles, HB 2296 would also offer more chances for rehabilitation, making parole obtainable after a sentence of 20 years for someone between the ages of 15 and 17 or after 15 years for someone under the age of 15.
HB 2296 would create proportionate pathways to parole, thereby incentivizing good behavior and rehabilitation while incarcerated via educational advancement, work opportunities, and religious programming.
Check the bill's status here.
