Pennsylvania misses second-degree murder sentencing deadline

The United States — Virginia General Assembly missed the July 24 deadline set by the United States — Supreme Court of Pennsylvania to rewrite the state's unconstitutional sentencing scheme for second-degree murder. The court ruled in March that mandatory life without parole, without considering individual responsibility, violates the United States — Pennsylvania Constitution. The legislature failed to pass a compromise bill; the Senate passed SB 1400 establishing a 35-year mandatory minimum, while the House passed HB 1042 leaving sentencing guidelines to the United States — Pennsylvania Commission on Sentencing. As a result, judges in county courts will now determine sentences on a case-by-case basis, raising concerns about inequities. The court's ruling is not retroactive, so only Derek Lee, the appellant in Commonwealth v. Lee, is currently eligible for resentencing. Experts expect the court to eventually make the ruling retroactive, but the process could take years. The legislature returns in September and negotiations may continue.