Pennsylvania Act 1995-5 (session 1) — CRIMES CODE (18 PA.C.S.) - AMEND SECOND AND THIRD DEGREE MURDER

Act text

Special Session No. 1 of 1995

No. 1995-5

HB 16

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, further providing for sentencing for murder of the second and third degree.

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

Section 1. Sections 1101 and 1102(a) and (b) of Title 18 of the Pennsylvania Consolidated Statutes, amended March 9, 1995 (1st Sp.Sess., P.L.964, No.3), are amended and section 1102 is amended by adding a subsection to read:

§ 1101. Fines.

A person who has been convicted of an offense may be sentenced to pay a fine not exceeding:

(1) $50,000, when the conviction is of murder.

(2) $25,000, when the conviction is of a felony of the first or second degree.

[(2)] (3) $15,000, when the conviction is of a felony of the third degree.

[(3)] (4) $10,000, when the conviction is of a misdemeanor of the first degree.

[(4)] (5) $5,000, when the conviction is of a misdemeanor of the second degree.

[(5)] (6) $2,500, when the conviction is of a misdemeanor of the third degree.

[(6)] (7) $300, when the conviction is of a summary offense for which no higher fine is established.

[(7)] (8) Any higher amount equal to double the pecuniary gain derived from the offense by the offender.

[(8)] (9) Any higher or lower amount specifically authorized by statute.

§ 1102. Sentence for murder.

(a) Murder of the first degree.--A person who has been convicted of a murder of the first degree shall be sentenced to death or to a term of life imprisonment in accordance with [section 1311(d) of this title] 42 Pa.C.S. § 9711 (relating to sentencing procedure for murder of the first degree).

(b) Murder of the second degree.--A person who has been convicted of murder of the second degree shall be sentenced to a term of life imprisonment.

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(d) Murder of the third degree.--Notwithstanding section 1103, a person who has been convicted of murder of the third degree shall be sentenced to a term which shall be fixed by the court at not more than 40 years.

Section 2. This act shall take effect in 60 days.

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

THOMAS J. RIDGE