Pennsylvania Act 1995-22 (session 1) — JUDICIAL CODE (42 PA.C.S.) - AMEND SENTENCING IN CAPITAL CASES

Act text

JUDICIAL CODE (42 PA.C.S.) - AMEND SENTENCING IN CAPITAL CASES
        Act of Oct. 11, 1995, Special Session 1, P.L. 1064, No. 22    Cl. 42
                      Special Session No. 1 of 1995
                               No. 1995-22

     SB 54

                                  AN ACT

     Amending Title 42 (Judiciary and Judicial Procedure) of the
        Pennsylvania Consolidated Statutes, further providing for
        sentencing in capital cases.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Section 9711(a)(2), (b) and (c)(2) of Title 42 of
     the Pennsylvania Consolidated Statutes are amended to read:
      § 9711.  Sentencing procedure for murder of the first degree.
        (a)  Procedure in jury trials.--
            * * *
            (2)  In the sentencing hearing, evidence concerning the
        victim and the impact that the death of the victim has had on
        the family of the victim is admissible. Additionally,
        evidence may be presented as to any other matter that the
        court deems relevant and admissible on the question of the
        sentence to be imposed [and]. Evidence shall include matters
        relating to any of the aggravating or mitigating
        circumstances specified in subsections (d) and (e), and
        information concerning the victim and the impact that the
        death of the victim has had on the family of the victim.
        Evidence of aggravating circumstances shall be limited to
        those circumstances specified in subsection (d).
            * * *
        (b)  Procedure in nonjury trials and guilty pleas.--If the
     defendant has waived a jury trial or pleaded guilty, the
     sentencing proceeding shall be conducted before a jury impaneled
     for that purpose unless waived by the defendant with the consent
     of the Commonwealth, in which case the trial judge shall hear
     the evidence and determine the penalty in the same manner as
     would a jury as provided in subsection (a).
        (c)  Instructions to jury.--
            * * *
            (2)  The court shall instruct the jury that if it finds
        at least one aggravating circumstance and at least one
        mitigating circumstance, it shall consider, in weighing the
        aggravating and mitigating circumstances, any evidence
        presented about the victim and about the impact of the murder
        on the victim's family. The court shall also instruct the
        jury on any other matter that may be just and proper under
        the circumstances.
        * * *
        Section 2.  The amendment of 42 Pa.C.S. § 9711(a)(2), (b) and
     (c)(2) shall apply to sentences imposed for offenses which take
     place on or after the effective date of this act.
        Section 3.  This act shall take effect in 60 days.

     APPROVED--The 11th day of October, A. D. 1995.

     THOMAS J. RIDGE