Pennsylvania
Key Pennsylvania Lawmakers Are ‘Optimistic’ A Compromise Marijuana Legalization Bill Can Pass ‘In The Next Few Weeks’
Bicameral Pennsylvania Democratic lawmakers are aiming to reach a compromise on marijuana legalization over the next few weeks after a House-passed bill to enact the reform with state-run stores was killed in the Senate. And a House sponsor of that legislation indicated he’s open to dropping its controversial state control component.
On an episode of Sen. Sharif Street’s (D) podcast “Planting Seeds” that was released on Thursday, the senator spoke with Rep. Rick Krajewski (D) about the path forward for reform as they both seek to get a legalization bill through the legislature and to the governor’s desk before July to meet a budgetary deadline.
While the legislation Krajewski sponsored alongside Rep. Dan Frankel (D) was rejected in a Senate committee this month following its expedited passage through the House along party lines, Street said he’s “cautiously optimistic we’re going to be able to revive the bill and amend it and move forward with a work product that allows us to get a bill on the governor’s desk and realize revenue.”
Street, who doesn’t support the state-run model envisioned in Krajewski’s bill, emphasized that Republicans maintain narrow control of the Senate, and so an amended version will need to be carefully crafted with bipartisan appeal. And there’s “pretty deep distrust” within the Senate about the Liquor Control Board (LCB) that House measure would have oversee the cannabis shops.
Even so, Street said he sees “a real good possibility” that the legislation is “revived and we’re able to move forward.”
“We’re still having discussions—and this is still a big, big, big step, because even though that bill was voted down, the Senate still has it,” he said. Part of that conversation is with Sen. Dan Laughlin (R), who has cosponsored separate bipartisan legalization legislation with Street and who chairs the Senate panel that recently rejected the House bill. The Republican senator “certainly is open and amenable to continued discussions,” Street said.
“He and I are still talking. We’re friends. I think we can get a bill done and look the revenue we want it. There’s a revenue pressure,” he said. “We’d like to get this done before July, which means there could—they’ll go to the governor’s desk in the next few weeks. That is not unrealistic.”
The senator emphasized that there was a “a lot of work” put into HB 1200, and delivering it to the Senate “was really important.
“We’re closer than we ever have to legalizing cannabis,” he said. “And I will say that there were Republican and Democratic members that indicated in their comments they would vote for a cannabis legalization bill. They just weren’t prepared to vote for this bill.”
According to Street, Laughlin indicated that senators are preparing an amendment to HB 1200 so that it can be reconsidered. And notably, Krajewski signaled that he’s not necessarily opposed to making key revisions to the legislation, even if he maintains that a state-run store system would be an ideal regulatory model for Pennsylvania and felt “very surprised” that the Senate committee took the “unusual” step of voting down the measure rather than hold it and prepare a possible amendment.
That said, the House itself also undertook an unusual legislative process for the bill that proposed what would be a first-of-its-kind sales model for marijuana, given that it moved from introduction to passage through the body with limited debate in the span of just three days.
“You have the conversation and come up with an amendment to figure out the compromise for moving forward—and I’m prepared to do that,” Krajewski said, adding that Frankel too “is prepared to do that.”
“Neither of us have indicated that the model that we put forward in the legislation is a line in the sand,” he said. “I’m not naive about the feelings about the LCB from both the House and the Senate, but I think what we intended to do with House Bill 1200 was to put a proposal out in the exchange of ideas.”
He added that he remains “optimistic” about advancing some version of legalization, and he’s “excited and proud that we were able to take this historic step. I remain open to negotiating and discussing the bill that makes the most sense at the end of the day.”
With respect to the timeline—with an ambitious goal of passing the reform before July—Street said “reviving and advancing 1200, logistically, it’s the cleanest way, the quickest way of getting this done. And so I think that makes sense.”
“When we do finally get past these stupid federal regulations and amend them, Pennsylvania is going to have an industry that’s some of the best in the nation—and we’ll be able to supply not only the commonwealth, but the nation and the world,” he said.
Krajewski noted that building consensus around a legalization bill is also complicated by the fact that “you still have some Democratic members who kind of tout and parrot these reefer madness talking points where you’re like, ‘What the heck are you talking about?’”
“So just getting that spectrum of people to be behind one piece of legislation was a Herculean effort,” he said of HB 1200.
While Street said his co-lead on prior legalization bills, Laughlin, is open to a discussion about amending the bill rejected by the Senate committee, the GOP senator himself recently seemed to suggest that lawmakers should pump the brakes on the push to enact the policy change amid resistance to reform within his caucus and instead pass a bill to create a new regulatory body that can begin overseeing medical cannabis and hemp while preparing to eventually handle the adult-use market as well.
“I remain committed to crafting a cannabis bill that can pass the Senate and be signed into law to benefit all Pennsylvanians,” Laughlin said. “That starts with honest dialogue from everyone involved, including House leadership and the governor, to develop a realistic approach–not political theater.”
Meanwhile, the governor of Pennsylvania is criticizing the GOP-controlled Senate for “ignoring” the will of voters after killing the House-passed bill to legalize marijuana.
Gov. Josh Shapiro (D) said during an interview with WILK News Radio recently that the bill’s rejection does a disservice to the bipartisan majority of voters in the commonwealth who support legalization, as well as the state itself that’s losing out on potential tax revenue to neighboring states that have enacted the policy change.
“Look, clearly people want it,” Shapiro, who included legalization in his budget request for the third time this year, said. “Poll after poll shows that.”
Following the Senate committee vote, lawmakers from both chambers who support legalization have been trading criticisms about each other’s roles in the stalled push to end prohibition.
Prior to the Senate panel’s vote this week, Pennsylvania’s Republican attorney general said that while he doesn’t currently support the House-passed marijuana legalization bill, he’s open to changing his mind about the policy change after continuing to review the details.
For what it’s worth, a recent poll found that Pennsylvania voters say they favor a model where cannabis is sold by licensed private businesses, rather than through a system of state-run stores.
The governor has repeatedly called for adult-use marijuana legalization. However, he hasn’t endorsed the specific idea of having a state-controlled model.
Rep. Abby Major (R)—who is sponsoring another forthcoming legalization bill that envisions a traditional private sales model alongside Rep. Emily Kinkead (D)—said during the House floor debate on HB 1200 that she stands opposed to the competing bill, emphasizing that she disagrees with the state-run stores proposal.
While Democrats control the House and governor’s office, they will still need to reach a deal with the GOP-controlled Senate to effectuate change. And in addition to the conflicting perspectives among pro-legalization legislators, another potential barrier to reform is exactly that political dynamic.
Senate Majority Leader Joe Pittman (R) said that while he sees a “path forward” for enacting regulations for separate gaming-related reform, “I’m not seeing consensus between the four caucuses and the governor collectively that [marijuana legalization] should be a priority.”
Regardless of which direction Pennsylvania lawmakers do—or don’t—go on marijuana legalization this session, a survey released in April shows a majority of adults in the state support the reform—and opposition to the policy change has fallen by nearly 50 percent over the last decade.
Kinkead has made the case in another recent interview that legalizing cannabis in Pennsylvania will help the state mitigate public health and safety concerns associated with the illicit market, including the fact that unregulated products can be laced with fentanyl.
The lawmaker previously introduced a separate bipartisan marijuana legalization bill, alongside 15 other cosponsors, last September. It did not advance, however.
Meanwhile, Laughlin recently called for the creation of a state “legacy” fund, using tax revenue from adult-use marijuana sales and gaming to make long-term investments in the Commonwealth’s economy.
The senator argued that, beyond using any resulting tax revenue to fund day-to-day projects and public services, the state should earmark a portion of those tax dollars for a fund to “provide a sustainable source of prosperity that lasts for generations.”
Another GOP Pennsylvania senator, Sen. Gene Yaw (R), is backing the push to legalize marijuana in the commonwealth, pointing out that, historically, prohibition “has not turned out well,” noting the country’s experience with alcohol criminalization.
Pennsylvania House Speaker Joanna McClinton (D) recently said that Democrats are ready to pass a marijuana legalization bill this session, but that the party “will need Republican support” to get the job done—adding that it will be a “heavy lift.”
Polls have shown bipartisan support for legalization among voters, but the reform has consistently stalled in the legislature, owing in large part to GOP opposition. But not all Republican members are against the policy change—and one recently said she felt her party should seize the “opportunity to snatch” the issue from Democrats.
Separately in March, the Pennsylvania House approved a bill sponsored by Frankel that’s meant to strengthen safety standards and oversight of the state’s medical marijuana program as lawmakers work to advance adult-use legalization.
While Pennsylvania’s medical cannabis program was enacted nearly a decade ago, lawmakers say the measure, which now heads to the Senate, is necessary to improve testing compliance, product audits and lab inspections, among other aspects of the industry.
Meanwhile, Pennsylvania Democratic lawmakers recently introduced a bill that would allow farmers and other small agriculture operators to sell marijuana they cultivate to existing growers and and processors if the state moves to legalize adult-use cannabis.
Separately, an independent Pennsylvania agency is projecting more tax dollars to be generated from adult-use marijuana sales compared to what the governor’s office has estimated, although it expects significantly less overall revenue from cannabis legalization due to differing views on licensing fees.
Pennsylvania officials have also launched a new survey that invites legal marijuana businesses across the country to provide information about their operations to help the state better understand the cannabis industry as lawmakers consider enacting adult-use legalization this session.
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Also, in a video interview released in March, the governor emphasized that the state is “losing out” to others that have already enacted adult-use legalization, while maintaining a policy that’s enriched the illicit market.
“I think it’s an issue of freedom and liberty. I mean, if folks want to smoke, they should be able to do so in a safe and legal way,” he said. “We should shut down the black market—and, by the way, every state around us is doing it. Pennsylvanians are driving to those other states and paying taxes in those other states.”
The state’s agriculture secretary separately told lawmakers that he’s fully confident that his department is in a “really good” position to oversee an adult-use marijuana program if lawmakers act.
Meanwhile, in February, top Pennsylvania police and health officials told lawmakers they are prepared to implement marijuana legalization if the legislature moves forward with the reform—and that they stand ready to work together as the details of legislation to achieve it are crafted.
Amid the growing calls for marijuana legalization in Pennsylvania, a GOP state senator said prohibition has been a “disaster,” and a regulated sales model for cannabis—similar to how alcohol and tobacco are handled—could serve as an effective alternative.
A Republican Pennsylvania senator also recently defended the push to legalize and regulate marijuana, calling it “the most conservative stance” on the issue.
Nevada Assembly Passes Resolution Urging Congress To Reschedule Psychedelics And Protect ‘Supervised Adult Use’ Of The Substances
Photo courtesy of Mike Latimer.
Pennsylvania
Wildfire smoke puts Pittsburgh under Code Red air quality alert
Pittsburgh sees unhealthy air quality from Canada, MN wildfire smoke
Wildfire smoke caused Pittsburgh’s air quality to deteriorate, prompting a code red air quality alert.
Pittsburgh was under a code red air quality alert on Thursday, July 16 as wildfire smoke from Canada and Minnesota settled across the city.
The city’s air quality was expected to deteriorate as smoke concentration at ground level increased throughout the day, with the day’s overall air quality forecast as unhealthy due to fine particles carried in smoke, according to Pennsylvania Department of Environmental Protection.
Here’s what to know about Pittsburgh’s air quality.
What’s the air quality in Pittsburgh today?
The morning of July 16, the air quality was moderate, with an Air Quality Index reading of 55, according to AirNow. But it was expected to hit unhealthy levels later in the day, with the overall daily air quality anticipated to reach dangerous levels with an AQI of 175, prompting Pennsylvania Department of Environmental Protection to issue a Code Red air quality alert. The alert is based on the day’s expected overall air quality and not individual hour-to-hour readings.
Smoke was likely to continue to impact Pittsburgh into the weekend, with a forecast overall daily AQI of 140 on July 17, with the state department of environmental protection issuing a Code Orange air quality alert. This indicates that the air quality may be unhealthy for sensitive groups.
July 18 was likely to see improved conditions, with moderate air quality.
What does a Code Red air quality alert mean?
A Code Red air quality alert indicates that the overall air quality within a day is likely to be unhealthy, with an AQI reading of 151 to 200.
Because the alert is based on the overall air quality for the day, there may be periods of time with better air quality. It’s a good idea to check the current air quality before going outside.
If you have to go outside while the AQI is at unhealthy levels, AirNow recommends avoiding strenuous activities or limiting your time outdoors. It may be a good idea to move outdoor activities indoors.
Pennsylvania Department of Environmental Protection also encouraged residents to avoid using gas-powered lawn and garden equipment, reducing the use of fireplaces or wood stoves and avoiding the open burning of leaves, trash or other materials in an effort to reduce fine particulate matter air polution.
What does a Code Orange air quality alert mean?
A Code Orange air quality alert means that the overall air quality within a day is likely to be unhealthy for sensitive groups, with an AQI reading between 101 to 150.
Those with lung disease, older adults, children and teens should reduce their exposure by engaging in less strenuous activities or limiting their time outdoors when the current air quality is at its worst, according to AirNow.
Wildfire smoke impacting Pittsburgh’s air quality
There were more than 830 wildfires burning in Canada as of July 15, with over 100 considered out of control. Many of the fires impacting the Northeast’s air quality were in Ontario and Minnesota.
Smoke from the wildfires hit Pennsylvania on the evening of July 15, causing hazy skies in Pittsburgh. Conditions were expected to worsen on July 16 as more smoke entered the area, with smoke likely to linger through July 17.
Is Pittsburgh under a heat advisory?
While Pittsburgh was under a heat advisory on July 15, the advisory was no longer in effect on July 16. The high on July 16 was forecast at 93, though temperatures could possibly fall several degrees because of smoke cover, according to the National Weather Service.
Brandi D. Addison and Karina Zaiets contributed to this report.
Finch Walker is the Pittsburgh Connect Reporter for the USA TODAY Network. Contact Walker at FWalker@usatodayco.com. Instagram: @finchwalker_. X: @_finchwalker.
Pennsylvania
Fifth Time’s The Harm: Pennsylvania Gov. Shapiro Again Signed A Budget With No Money For Transit — Streetsblog USA
Another year, another blow to Pennsylvania transit riders.
Keystone State Gov. Josh Shapiro signed the annual budget into law last Sunday, and for the fifth year in a row, public transportation has been left to financially starve. The approved budget contains no funding for transit operations, continuing a streak that forces every agency to scrounge for its own money, to varying degrees of success.
“We’ve been left out for far too long,” remarked Connor Descheemaker, Statewide Campaign Manager for Transit for All, PA! The organization rallied transit riders to send more than 50,000 letters to state representatives and the White House-eying governor calling for transit funding, reaching every legislative district in Pennsylvania.
Those calls went largely unanswered. Riders in Lehigh Valley are now bracing for route eliminations and trip cancellations, despite already paying increased fares. Lancaster County paratransit riders will pay more as well, beginning next month.
Low-income, disabled, and rural Pennsylvanians will lose access to jobs, healthcare, and loved ones. That reality hasn’t stopped their governor from declaring victory.
In a speech at last week’s budget signing ceremony, Shapiro uttered a total of three words about the state-sponsored mobility crisis: “There’s more I want to do – like raising the minimum wage, funding mass transit, and expanding access to affordable housing,” he said.
Shapiro seems to understand the need for well-funded transit. Last year, he sent $220 million to Philadelphia to boost SEPTA’s barren maintenance fund following a series of onboard fires.
One-time relief won’t keep buses running, though.
Shapiro has failed, and failed, and failed again to pass his landmark transit policy. His initial proposal would increase the share of sales tax revenue going to public transit by 2 percent. The blame isn’t all his: Even after he watered down his proposal to a 1.75-percent increase, statehouse Republicans failed to support it.
Even if it had succeeded, it’s too little, too late: The sales tax change would still be $92 million short of the $384 million that Transit for All, PA! estimates is needed to prevent further service cuts in public transportation across the state.
Transit for All, PA! has previously lobbied for its legislative package, which would have increased taxes on car rentals and leases, and raised a new tax on ride shares.
Like Shapiro’s plan, that failed, too.
“The General Assembly has deferred action to invest fully in public transit,” state Sen. Nikil Saval (D-Philadelphia), who had authored the ride share component of the legislative package. “Despite the continued activation and involvement of tens of thousands of Pennsylvanians … we will once again face this issue in 2027.”
Pennsylvania’s last semblance of adequate transit funding ended in 2021 with the expiration of Act 89. The 10-year allocation covered statewide transportation expenses, including roadway maintenance and transit operations.
As soon as Act 89 money dried up, agencies turned to Covid relief grants to stay afloat. Those grants, provided through the American Rescue Plan, ended in 2024. Several agencies have gone so far as to pillage their own fixed-route budgets to continue federally mandated paratransit services.
Call it luck, a Band-Aid, or a bad omen; riders on Philadelphia’s SEPTA and Pittsburgh’s PRT are momentarily safe from service cuts and fare hikes. Following last year’s budget disaster, Shapiro permitted the two agencies to raid their own maintenance funds to temporarily pay for operations.
Now, both are pausing upgrades, deferring basic maintenance, and reckoning with the realities of operating – but not fixing – a large-scale transit system.
State highways, on the other hand, received $775 million in new funding from Shapiro’s budget deal.
Transit advocates in Pennsylvania are shifting strategies to preserve essential transit services. A June decision by the Pennsylvania Supreme Court, allowed slot machines to be taxed at a higher rate.
Both Democrat and Republican lawmakers have shown interest in using revenue from the so-called “skill games tax” to fund transit. The legislature must agree on a tax rate and structure, but declined to do so before finalizing the budget.
“Anytime that there is a discussion of new revenue in Pennsylvania, it needs to include public transportation,” Descheemaker said. “We are losing public transportation actively, right now in Pennsylvania. Public transportation needs to be at the center of those conversations.”
Pennsylvania
Lawmakers break without addressing unconstitutional murder sentences, leave 1K Pa. lifers in limbo
Pennsylvania lawmakers recessed Sunday without fixing the commonwealth’s unconstitutional sentencing scheme for second-degree murder, making it increasingly likely they will miss a deadline set by the state Supreme Court and leave the issue in limbo.
A killing is considered second-degree murder if it occurs during the course of a violent felony, including robbery, rape, or arson. Someone can be found guilty of the crime if they participated in the underlying felony, even if their actions didn’t lead directly to another person’s death.
Because of this, a person in Pennsylvania who served as a getaway driver during a botched robbery, or caused an injury that later led to death, currently receives the same sentence as someone who knowingly plotted and carried out a killing.
However, in March the Pennsylvania Supreme Court ruled in Commonwealth v. Lee that mandatory life without parole for second-degree murder is unnecessarily cruel under the state constitution.
The court gave lawmakers until July 24 to rewrite the sentencing laws.
“While we have a clear obligation to ensure that constitutional bounds are not crossed, we may not act as legislators, who are best positioned to effectuate penal reform,” wrote Chief Justice Debra Todd for the majority.
They also declined to make the ruling retroactive, leaving it up to the legislature to decide whether people already serving life sentences for second-degree murder convictions should be up for parole.
But months of talks among advocates for criminal justice reform, district attorneys, and members of the split legislature have not produced a compromise.
The state Senate twice tried to move a version of a proposal that would create 35-year mandatory minimum sentences for adults convicted of second-degree murder, with few exceptions, as well as a pathway to release for those already serving. However, state Rep. Tim Briggs (D., Montgomery), a key House lawmaker on criminal justice issues, told Spotlight PA the proposal is too punitive.
If the legislature misses the deadline, the state Supreme Court decision will take effect, leaving individual Common Pleas judges across the state to dole out fair sentences without legislative guidance.
And the fate of more than 1,100 people already in prison on second-degree murder convictions will likely be decided by the state’s highest court, as civil rights lawyers stand ready to petition the body for further clarity.
Should the justices apply their ruling to people who are already convicted, courts across the state will almost certainly be flooded with hundreds of petitions from those serving life in second-degree cases, some decades old.
Some advocates are ready to file those petitions, telling Spotlight PA the courts might produce better outcomes for clients than the state Senate’s proposed path forward.
“We’re not afraid of going to mass resentencings,” said Sean Damon, director of strategic partnerships for Straight Ahead. His organization is the policy arm of the Abolitionist Law Center, the firm that brought the suit in Lee.
Others cautioned against that outcome.
“Inaction is not an option, in fact it is dangerous,” Attorney General Dave Sunday said in a statement sent after the legislature convened.
“Failing to act would leave our communities and victims without needed protections, and it is important that we move forward collaboratively to ensure a responsible solution.”
Lawmakers telegraphed Sunday night that they are willing to keep working on a compromise ahead of the deadline, but did not confirm whether they’d solve the issue in time.
Gov. Josh Shapiro, in a news conference, said he agrees with the Pennsylvania Supreme Court’s ruling, and wants to see the legislature reach consensus.
“We’re going to continue to work on this issue, and I’m confident, given some of the maneuvering that the majority leader in the House did today,” the Democrat said. “There’s a vehicle ready to go when we have a compromise in place.”
Asked whether lawmakers will pass a bill by the July 24 deadline, state House Majority Leader Matt Bradford (D., Montgomery) twice told reporters: “We’re hoping to get something accomplished.”
Conversations, but no compromise
For decades, Pennsylvania’s justice system has applied second-degree murder to a wide variety of defendants and criminal behavior: a man who killed a 77-year-old woman during the course of a violent rape; an accomplice in the torture and eventual death of an intellectually disabled woman; a man who robbed a tourist who minutes later committed suicide; a 14-year-old with a history of abuse and mental illness, who started an accidental house fire that killed the two boys she was trying to visit.
And for decades, those convicted have all received the same, unmovable sentence: life without parole.
The state Supreme Court in March found this sentencing scheme unnecessarily cruel, and argued that without an individual assessment of culpability, it violates the Pennsylvania Constitution.
“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,” wrote Justice Todd for the majority.
In the spring, the legislature seemed poised to act.
Lawmakers from both chambers had already proposed legislation, including a bipartisan effort by state Sens. Sharif Street (D., Philadelphia) and Camera Bartolotta (R., Beaver) and another by Rep. Tim Briggs (D., Montgomery).
But at an April meeting of the state House Judiciary Committee, with advocates in attendance eager to celebrate the vote, Briggs tabled his bill. Stakeholders had reached out, he explained, with feedback and a desire to have their positions better reflected in whatever solution the legislature pursued.
“I think we can have a collaborative process to get to a better bill that balances the need to comply with the Lee decision, but also is fair and compassionate, respects victims’ rights, and above all, maintains community safety,” Briggs said during the April meeting.
Then, speaking about people already serving life sentences, he said: “These people – this is emotional – these people have been serving long, unconstitutional sentences, and I will not put them in a worse position than what I believe the Supreme Court would order for them after the (120 day) run.”
In an interview with Spotlight PA months later, Briggs said he had hoped the pause would lead to meaningful cross-party conversations.
“That never happened,” Briggs said.
In spring conversations between Straight Ahead and the Pennsylvania District Attorneys Association, the groups tried to reach a framework that would satisfy their respective coalitions. Lawmakers were not directly involved in those conversations, sources confirmed to Spotlight PA.
State prosecutors were most worried about the group of more than 1,100 people serving life sentences, said Kelly Callihan, the executive director of the district attorneys association.
“We like uniformity,” she said. “Victims deserve that, and honestly, perpetrators who have been convicted deserve that, so that it’s not like the Wild West, where every county was just going to be on an island doing what they thought with resentencing.”
Public defenders feel similarly, said Sara Jacobson, the executive director of the Public Defender Association of Pennsylvania. Without a legislative fix, she said, the state would be left with “justice by geography.”
“Without guidance, the results will vary widely in terms of sentences they get handed down,’ Jacobson added. “It will depend much more on the politics of a given county and an individual judge’s perspective.”
A legislative framework would be better for everyone, Jacobson said, because prosecutors, defense attorneys, and crime victims will know what to expect.
But feelings diverge from there.
The district attorneys association feels comfortable with a minimum sentence, after which the convicted person would be eligible for parole, Callihan said.
But Straight Ahead and other advocates found a high mandatory minimum for those sentenced to second-degree murder to be unpalatable.
“We have been advocating for a maximum sentence similar to third-degree,” which carries a 40 year maximum, Damon said.
In June, a compromise had not been reached when, over the course of four days, the Republican-controlled state Senate introduced, voted out of committee, and passed new legislation with bipartisan support.
That bill, SB 1400, would establish a 35-year mandatory minimum for adult offenders and preserve life without parole as an option for offenders who meet certain criteria. It allows for sentences as low as 10 years if a defendant meets a narrow set of mitigating circumstances.
For people already serving life, the bill would permit parole consideration after 35 years for most and 20 years for those over the age of 70.
The court gave the General Assembly a 120-day window “because opening the prison doors and letting out violent individuals back on the streets is unacceptable policy,” said state Sen. Lisa Baker (R., Luzerne), the bill’s lead sponsor, during a news conference after passage. Attorney General Sunday, also appearing at the news conference, supported it.
The state Senate passed a largely similar version of this legislation Sunday afternoon, attached to a House bill aimed at allowing incarcerated individuals to earn credits toward potential earlier parole by participating in educational and vocational programs.
But the bill found no purchase among House Democrats.
When he spoke with Spotlight PA in June, Briggs said the language was “too heavy-handed.”
“These are serious matters,” he said, “but I think there needs to be some compassion on the facts, and high mandatory minimums across the board isn’t the direction I want to go in.”
Elizabeth Rementer, a spokesperson for House Democrats, said Sunday that the lawmakers remain committed to continuing negotiations.
But speaking of the bill passed Sunday, she said, “Unfortunately, this isn’t it.”
Mass resentencings possible
Stakeholders are similarly split.
Berks County District Attorney John Adams, in an interview with Spotlight PA, said he largely supported the state Senate legislation and its attempt to establish both a framework for future sentencing and a path for reconsidering past convictions. As a prosecutor and former defense attorney, “I have been on both sides of this issue, so I know it by heart, and I know it through experience,” Adams said.
“This bill covers pretty much everything that I was looking for,” he said. “It offers, in the appropriate instances, the possibility that someone could be sentenced to life in prison, and it also offers otherwise some alternatives.”
But Philadelphia District Attorney Larry Krasner, a progressive Democrat known for diverging from his fellow prosecutors, derided the state Senate bill as unscientific and beholden to an old-school, tough-on-crime approach to justice.
In an interview with Spotlight PA, Krasner was blunt in his assessment of the courts as a better path than the proposed legislation..
“Nothing is better than stupid,” Krasner said.
The path to this type of mass resentencing is uncertain — for now.
Without a legislative fix, the issue will need to return to the state Supreme Court to become retroactive.
The Abolitionist Law Center is ready to pursue this path if the legislature fails to act, said Legal Director Bret Grote, whether through traditional appeal or a King’s Bench petition, which would ask the court to take the matter more quickly.
“The issue will be presented to the court promptly, and the court alone will decide when they hear such a case,” Grote said, “but with more than — and we’re confident it’s more than 1,100 people — serving this unconstitutional sentence, this is a constitutional crisis.”
Straight Ahead, ALC, and other advocates actively involved in conversations around the Lee decision are ready to do the most good for the most people, Damon said. “So, I’m not being glib when I say we’re ready to go a mass resentencing.”
More than 500 of the people serving life sentences for felony murder were convicted in Philadelphia, where the courts do not “tend to throw the book at people,” Damon said, and where there is a reform-minded district attorney in Krasner.
“We’re going to have lower sentences in Philly,” Damon said.
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This story was originally published by Spotlight PA and distributed through a partnership with The Associated Press.
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