Pennsylvania Act 1995-4 (session 1) — JUDICIARY AND JUDICIAL PROCEDURE (42 PA.C.S.) - AMEND

Act text

JUDICIARY AND JUDICIAL PROCEDURE (42 PA.C.S.) - AMEND
         Act of Mar. 15, 1995, Special Session 1, P.L. 966, No. 4     Cl. 42
                      Special Session No. 1 of 1995
                                No. 1995-4

     HB 1

                                  AN ACT

     Amending Title 42 (Judiciary and Judicial Procedure) of the
        Pennsylvania Consolidated Statutes, further providing for
        sentencing procedure for murder of the first degree; and
        making a repeal.

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

        Section 1.  Section 9711(d) and (i) of Title 42 of the
     Pennsylvania Consolidated Statutes are amended and the section
     is amended by adding subsections to read:
      § 9711.  Sentencing procedure for murder of the first degree.
        * * *
        (d)  Aggravating circumstances.--Aggravating circumstances
     shall be limited to the following:
            (1)  The victim was a [fireman] firefighter, peace
        officer, public servant concerned in official detention, as
        defined in 18 Pa.C.S. § 5121 (relating to escape), judge of
        any court in the unified judicial system, the Attorney
        General of Pennsylvania, a deputy attorney general, district
        attorney, assistant district attorney, member of the General
        Assembly, Governor, Lieutenant Governor, Auditor General,
        State Treasurer, State law enforcement official, local law
        enforcement official, Federal law enforcement official or
        person employed to assist or assisting any law enforcement
        official in the performance of his duties, who was killed in
        the performance of his duties or as a result of his official
        position.
            (2)  The defendant paid or was paid by another person or
        had contracted to pay or be paid by another person or had
        conspired to pay or be paid by another person for the killing
        of the victim.
            (3)  The victim was being held by the defendant for
        ransom or reward, or as a shield or hostage.
            (4)  The death of the victim occurred while defendant was
        engaged in the hijacking of an aircraft.
            (5)  The victim was a prosecution witness to a murder or
        other felony committed by the defendant and was killed for
        the purpose of preventing his testimony against the defendant
        in any grand jury or criminal proceeding involving such
        offenses.
            (6)  The defendant committed a killing while in the
        perpetration of a felony.
            (7)  In the commission of the offense the defendant
        knowingly created a grave risk of death to another person in
        addition to the victim of the offense.
            (8)  The offense was committed by means of torture.
            (9)  The defendant has a significant history of felony
        convictions involving the use or threat of violence to the
        person.
            (10)  The defendant has been convicted of another Federal
        or State offense, committed either before or at the time of
        the offense at issue, for which a sentence of life
        imprisonment or death was imposable or the defendant was
        undergoing a sentence of life imprisonment for any reason at
        the time of the commission of the offense.
            (11)  The defendant has been convicted of another
        murder[,] committed in any jurisdiction and committed either
        before or at the time of the offense at issue.
            (12)  The defendant has been convicted of voluntary
        manslaughter, as defined in 18 Pa.C.S. § 2503 (relating to
        voluntary manslaughter), or a substantially equivalent crime
        in any other jurisdiction, committed either before or at the
        time of the offense at issue.
            (13)  The defendant committed the killing or was an
        accomplice in the killing, as defined in 18 Pa.C.S. § 306(c)
        (relating to liability for conduct of another; complicity),
        while in the perpetration of a felony under the provisions of
        the act of April 14, 1972 (P.L.233, No.64), known as The
        Controlled Substance, Drug, Device and Cosmetic Act, and
        punishable under the provisions of 18 Pa.C.S. § 7508
        (relating to drug trafficking sentencing and penalties).
            (14)  At the time of the killing, the victim was or had
        been involved, associated or in competition with the
        defendant in the sale, manufacture, distribution or delivery
        of any controlled substance or counterfeit controlled
        substance in violation of The Controlled Substance, Drug,
        Device and Cosmetic Act or similar law of any other state,
        the District of Columbia or the United States, and the
        defendant committed the killing or was an accomplice to the
        killing as defined in 18 Pa.C.S. § 306(c), and the killing
        resulted from or was related to that association, involvement
        or competition to promote the defendant's activities in
        selling, manufacturing, distributing or delivering controlled
        substances or counterfeit controlled substances.
            (15)  At the time of the killing, the victim was or had
        been a nongovernmental informant or had otherwise provided
        any investigative, law enforcement or police agency with
        information concerning criminal activity and the defendant
        committed the killing or was an accomplice to the killing as
        defined in 18 Pa.C.S. § 306(c), and the killing was in
        retaliation for the victim's activities as a nongovernmental
        informant or in providing information concerning criminal
        activity to an investigative, law enforcement or police
        agency.
            (16)  The victim was a child under 12 years of age.
        * * *
        (i)  Record of death sentence to Governor.--[Where] Within 90
     days of the date a sentence of death is upheld by the Supreme
     Court, the prothonotary of the Supreme Court shall transmit to
     the Governor a full and complete record of the trial, sentencing
     hearing, imposition of sentence and review by the Supreme Court.
     Notice of this transmission shall contemporaneously be provided
     to the Secretary of Corrections.
        (j)  Issuance of warrant.--
            (1)  After the receipt of the record, unless a pardon or
        commutation has been issued, the Governor shall, within 90
        days, issue a warrant specifying a week for execution which
        shall be no later than 30 days after the date the warrant is
        signed. If because of a reprieve or a judicial stay of the
        execution the date of execution passes without imposition of
        the death penalty, unless a pardon or commutation has been
        issued, the Governor shall, within 30 days of the termination
        of the reprieve or the judicial stay, reissue a warrant
        specifying a week for execution which shall be no later than
        30 days after the date of reissuance of the warrant.
            (2)  The warrant shall be directed to the Secretary of
        Corrections commanding that the subject of the warrant be
        executed within the week named in the warrant and in the
        manner prescribed by law.
            (3)  If the Governor fails to timely comply with the
        provisions of this subsection and a pardon or commutation has
        not been issued, the Secretary of Corrections shall, within
        30 days following the Governor's failure to comply, schedule
        and carry out the execution no later than 60 days from the
        date by which the Governor was required to sign the warrant
        under paragraph (1).
        (k)  Terms of confinement.--Upon receipt of the warrant, the
     Secretary of Corrections shall, until infliction of the death
     penalty or until lawful discharge from custody, keep the inmate
     in solitary confinement. During the confinement, no person
     except the staff of the Department of Corrections, the counsel
     of the inmate and a spiritual adviser selected by the inmate or
     the members of the immediate family of the inmate shall be
     allowed access to the inmate without an order of the sentencing
     court.
        (l)  Witnesses to execution.--No person except the following
     shall witness any execution under the provisions of this
     section:
            (1)  The superintendent of the institution where the
        execution takes place.
            (2)  A qualified physician.
            (3)  Six reputable adult citizens selected by the
        superintendent.
            (4)  One spiritual adviser, when requested and selected
        by the inmate.
            (5)  Not more than six duly accredited representatives of
        the news media.
            (6)  Such staff of the institution as may be selected by
        the superintendent.
        (m)  Certification of superintendent.--After the execution,
     the superintendent of the institution shall certify in writing,
     under oath or affirmation, to the court of the county where the
     inmate was sentenced to death that the inmate was duly executed
     at the place and in the manner prescribed in this section and at
     the time designated under subsection (j). The certificate shall
     be filed in the office of the clerk of such court.
        (n)  Postmortem examination.--Immediately after execution, a
     postmortem examination of the body of the inmate shall be made
     by the physician present at the execution. The superintendent
     shall report in writing stating the nature of the examination so
     made. This report shall be annexed to and filed with the
     certificate required under subsection (m). After the postmortem
     examination, unless claimed by a relative or relatives, the
     Department of Corrections shall be responsible for disposition
     of the body.
        (o)  Costs of execution and examination.--The costs of the
     execution and the postmortem examination shall be paid by the
     Department of Corrections.
        Section 2.  The act of June 19, 1913 (P.L.528, No.338),
     entitled "An act fixing the penalty for murder of the first
     degree; regulating the procedure incident to the infliction
     thereof; prescribing and providing for a place and manner of
     inflicting said penalty on the grounds of the new Western
     Penitentiary of this Commonwealth, in Centre County; making an
     appropriation therefor; repealing inconsistent legislation; and
     providing that neither this act nor said repeal shall apply to
     any case in which it shall appear that said crime was committed
     prior to the date of the approval of this act," is repealed.
        Section 3.  The provisions of this act are severable. If any
     provision of this act or its application to any person or
     circumstance is held invalid, the invalidity shall not affect
     other provisions or applications of this act which can be given
     effect without the invalid provision or application.
        Section 4.  This act shall apply to cases in which the
     Governor has, as of the effective date of this act, not yet
     received the transcript of the record.
        Section 5.  This act shall take effect immediately.

     APPROVED--The 15th day of March, A. D. 1995.

     THOMAS J. RIDGE