House Bill 2296
FELONY MURDER REFORM
House Bill 2296 Bill Information
Description: HB 2296 would amend PA law to: (1) change 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; (2) change 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 (3) allow the Pennsylvania Board of Probation and Parole to grant parole to certain offenders 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.
PA Justice Alliance Member Positions & Feedback
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Currently in PA, a person can be found guilty of second-degree murder and sentenced to mandatory life without parole, also known as felony murder, without committing, intending to commit, or having knowledge of the murder committed. HB 2296 would create a pathway to parole eligibility for adults and juveniles sentenced to felony murder, thereby incentivizing good behavior and rehabilitation while incarcerated via educational advancement, work opportunities, and religious programming.
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HB 2296 will create parole eligibility for people sentenced to second-degree murder, also known as felony murder, which means they didn’t commit—or intend to commit—murder. What they did was commit a felony where someone was unintentionally killed … There is a growing momentum to end this disproportionate and unjust sentence in Pennsylvania and to reunite families who have been torn apart by decades of incarceration.
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Email to House Judiciary (5/29/2024):
The Atlantic Center for Capital Representation, Inc. (ACCR) offers this testimony in support of HB 2296 of the 2024 legislative session.
ACCR is Pennsylvania’s only state resource for capital practitioners facing a death sentence, as there is no current state funding for capital cases in Pennsylvania. We track all potential death penalty cases across the Commonwealth, from pre-trial charges through dispositions. In addition, we represent juveniles facing resentencing after the United States Supreme Court’s ruling in Montgomery v. Louisiana found mandatory juvenile life without parole retroactively unconstitutional, given our staff’s specialization in the presentation of mitigation at resentencing hearings. We have become involved in further issues of “excessive sentencing,” handling a number of cases for Pennsylvanians serving life without parole sentences.
House Bill 2296 would provide better protections for the rights of Pennsylvanians pursuant to the Eighth Amendment to the United States Constitution and Article I, section 13 of the Pennsylvania Constitution.
Respectfully submitted by,
Marc Bookman, Esq
Executive Director
Atlantic Center for Capital Representation, Inc.
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HCPA continues to support reforming our felony murder statutes. We can provide second chances without compromising community safety.
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PDAP supports HB 2296 because it encourages rehabilitation and recognizes that a person may be worth more than the worst thing that they have done. Someone who commits felony murder is not trying to kill. Someone who intended to kill is inherently more culpable than someone who intended to commit a felony. HB 2296 recognizes this important difference by creating a path for someone convicted of felony murder to prove their redemption. It incentivizes good behavior in prison, but more importantly, it encourages engagement with reform via educational opportunities, religious programming, and positive work during incarceration.
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Considering legislation such as HB 2296 is not easy or popular. This is a complicated issue where you will find passionate people on both sides. To be clear, advocates of allowing parole eligibility are not saying there should be no consequences for causing harm, nor does this bill allow for people to be released from prison without a process. People eligible would still have to go through a lengthy parole process that would determine whether they are ready to reenter society.
However, we are here today because we believe and KNOW that human beings are capable of change and growth and many people inside prison serving these types of sentences should have the opportunity to show they have changed and be considered for parole.
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