Today, the Pennsylvania Supreme Court ruled that mandatory life without the possibility of parole for second degree murder violates the state constitution.

Chief Justice Todd writes for the majority: “In this appeal by allowance, we granted allocatur to consider whether a mandatory sentence of life imprisonment without the possibility of parole for a felony murder conviction violates the Eighth Amendment to the United States Constitution or Article I, Section 13 of the Pennsylvania Constitution.

For the reasons that follow, we determine that a mandatory life without parole sentence for all felony murder convictions, absent an assessment of culpability, is inconsistent with the protections bestowed upon our citizens under the “cruel punishments” clause of our Commonwealth’s organic charter. Thus, we reverse the order of the Superior Court, vacate Appellant’s judgment of sentence, and remand for resentencing.”

Read the full decision here.

Governor Shapiro calls for the legislature to act, and both chambers have bills in progress.

Senator Sharif Street is the prime sponsor of Senate Bill 387. He says, “Our legislation would allow parole eligibility after 25 years, giving the justice system discretion to assess cases individually. This approach aligns Pennsylvania with the majority of states, reflects broad public support—79% of Pennsylvanians favor judicial discretion in these cases—and ensures sentencing policies uphold both justice and the opportunity for redemption.”

“Felony murder applies when a person is involved in a felony that results in a death—even if they did not kill or intend to kill. Under current law, those convicted automatically receive life without parole, regardless of their level of involvement. Pennsylvania is one of only two states that still mandates this extreme sentence.”

Representative Tim Briggs is the prime sponsor of House Bill 443. He says, “Currently, in Pennsylvania’s prison system, approximately 1,100 individuals are serving this sentence.  Of this total, 700 people have served more than 20 years of their sentence, with 300 of these individuals over the age of 60.

Additionally, this issue disproportionally affects Black and Latino communities, with one recent study finding that individuals representing these groups were twelve times more likely to be convicted of felony-murder than their white counterparts. “