GUEST COLUMN	FOR IMMEDIATE RELEASE
State Rep. Matt Smith D-Allegheny www.pahouse.com/MSmith

Smith proposes first-degree murder sentencing to protect disabled, elderly

by state Rep. Matt Smith

In 2003, a 78-year-old disabled woman residing in Upper St. Clair was brutally murdered. A landscaper entered the woman's home and brutally murdered her just to steal some money.

Her family was not afforded the opportunity to urge the jury to consider using the death penalty during sentencing because current law doesn’t allow it in a case like this. Nonetheless, the murderer in this instance was convicted and sentenced to death this March.

Under Pennsylvania's first-degree murder law, families of murder victims can only address juries during murder sentencing procedures if the crime falls under a list of aggravating circumstances. Unfortunately, neither the victim's age nor disability condition is part of that list. Although justice was served in this instance, there is always a chance that a murderer could receive an inadequate punishment for preying on the elderly or disabled.

I've proposed legislation in the state House to amend the first-degree murder law in order to protect the elderly and disabled and to give families a chance to speak to juries in hopes of obtaining a fair punishment.

Under my proposal, H.B. 2464, it would be considered an aggravating circumstance in sentencing for first-degree murder if the victim is over 60 or has a disability. This would allow the victims' families to address the jury and a greater possibility of the appropriate punishment for preying on the disabled or elderly. Such a change in this law would provide greater protections to more than a quarter of a million people who are 60 or older in Allegheny County.

I've been joined by a large, bipartisan group of co-sponsors and supporters who favor changing the first-degree murder sentencing procedures, including state Sens. Jay Costa and John Pippy. The proposal is also backed by Allegheny County District Attorney Stephen Zappala and Deputy District Attorney Mark Tranquilli, who helped to develop the legislation in response to the murder case in Upper St. Clair.

House Bill 2426 awaits consideration by the House Judiciary Committee. I'm hopeful that my colleagues in the House will soon get a chance to vote on this proposal. I believe it could be another deterrent for those who prey on the elderly or disabled in Pennsylvania.

State Rep. Matt Smith (www.pahouse.com/MSmith) represents the 42nd Legislative District.

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