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FOR IMMEDIATE RELEASE |
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State
Rep. Matt Smith |
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Smith bill would toughen first degree murder sentencing guidelines
HARRISBURG, June 15 – In a bipartisan vote of 185-7, the House passed legislation on Monday, sponsored by state Rep. Matt Smith, D-Allegheny, which would amend first degree murder sentencing procedures.
House Bill 907 adds age, disability, infirmity, or if the defendant is a registered sex offender under Pennsylvania’s Megan’s Law and committed the murder while in the process of committing a sexually violent crime, as additional aggravating circumstances for jury consideration during the sentencing phase of a first degree murder conviction.
"This legislation addresses crimes against those individuals in our society who are particularly vulnerable," Smith said. "There are already similar examples of this on the books, but this goes farther to give families the justice and closure they need."
Current law allows families of murder victims to address juries during murder sentencing procedures if the crime falls under a select group of aggravating circumstances. Pennsylvania currently recognizes aggravating offenses including if, among other things, the victim was under age 12, a judge or member of law enforcement, or tortured.
These additions to the list of aggravating circumstances would offer victims' families the right to address the jury and help persuade jury members to support an appropriate punishment for victimizing someone who was particularly susceptible to a predator.
Smith introduced the bill in response to the brutal murder of 78-year-old Jean Heck in Upper St. Clair by a landscaper looking to steal cash in her home. Smith worked with Allegheny County District Attorney Stephen Zappala and Chief Trial Deputy Dan FitzSimmons on the legislation. Homicide Deputy District Attorney Mark Tranquilli obtained a First Degree Murder conviction, and the landscaper was ultimately sentenced to death, despite the fact that the jury was unable to consider Mrs. Heck's age as an aggravating factor.
"Western Pennsylvania is home to one of the largest elderly populations in America," Zappala said, "and the House is to be applauded for its recognition that this most vulnerable class of citizens has been increasingly targeted by criminal elements, and is thus most deserving of the added protections of this important piece of legislation."
Smith said the measure now moves to the Senate where, if passed, it could be used to ensure the appropriate punishment for these violent offenders.
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