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Lawmakers break without addressing unconstitutional murder sentences, leave 1K Pa. lifers in limbo

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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.

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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.

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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.

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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.

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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.

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“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.

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“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.

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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.

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“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.

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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.

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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.”

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“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.

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“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.

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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.

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“We’re going to have lower sentences in Philly,” Damon said.

___

This story was originally published by Spotlight PA and distributed through a partnership with The Associated Press.





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Pennsylvania

12-year-old boy on e-bike killed in crash with pickup truck in Pennsylvania

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12-year-old boy on e-bike killed in crash with pickup truck in Pennsylvania


A 12-year-old boy on an electric bike was killed in a crash in Manchester Township, Pennsylvania, on Monday, authorities said. 

The Northern York County Regional Police Department said in a news release that the crash happened at the intersection of North George Street and Emig Road on Monday at around 9:30 p.m. Officers were called to the scene and found that the 12-year-old e-bike rider and the driver of a pickup truck had crashed. 

First responders performed life-saving measures on the boy, who died as a result of his injuries. The boy’s identity was not released as of Tuesday night. It was not immediately clear if the driver of the pickup truck was injured. 

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Police are investigating the crash. Law enforcement did not release any additional information. Anyone with information on the deadly crash can contact the Northern York County Regional Police Department at 717-467-8355 or email tips@nycrpd.org. The case number is 2026-029713, police added.



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Pennsylvania man who brought gun to

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Pennsylvania man who brought gun to


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A Pennsylvania man who brought a gun and other weapons to a rally in West Chester last year has been sentenced to more than three years behind bars. 

A federal judge sentenced Kevin Krebs, 32, of Malvern, Pennsylvania, to 37 months in prison and three years of supervised release for possessing unregistered explosive devices, officials announced Tuesday. 

Krebs was arrested on June 14, 2025, in the area of North High Street in West Chester, near a “No Kings” protest against President Trump’s deportation policies and other actions by his administration.

Police arrested Krebs with a fully loaded concealed Sig Sauer P320 handgun under a yellow raincoat, an M9 bayonet, a pocket knife, pepper spray, a ski mask and gloves. Court documents showed police also found an AR-15-style rifle on the floor of Kreb’s SUV. Investigators said Krebs did not have a concealed carry permit.

Investigators found over a dozen improvised explosive devices, including pipe bombs, at his home on Conestoga Road days after his arrest. 

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Krebs pleaded guilty to the federal charges in December. 

A state case against Krebs is still pending. 



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Here’s what’s in — and not in — Pennsylvania’s $50.8 billion state budget

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Here’s what’s in — and not in — Pennsylvania’s .8 billion state budget


HARRISBURG — Pennsylvania’s new $50.8 billion state budget was sprawled across more than 600 pages of legislation and signed into law on Sunday. New data center regulations, new education funding, and more were approved in the wide-ranging spending package.

But some of the most pressing issues facing the General Assembly were noticeably absent from the final deal, as Gov. Josh Shapiro and lawmakers in the split legislature were unable to reach a compromise — or didn’t want to touch the contentious issues until after they are up for election in November, sidelining some of Shapiro’s top budget priorities.

Here’s a look at what’s in — and what was left out — of the 2026-27 Pennsylvania state budget.

» READ MORE: Pa. lawmakers and Gov. Josh Shapiro have approved a $50.8 billion state budget, delaying action on key issues

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Pennsylvania took another jump toward filling a multibillion-dollar funding gap between wealthy and poor school districts, after a court found that the state’s old system of funding education was unconstitutional. Since 2024, when the state first implemented new adequacy and tax equity formulas in efforts to fill the state’s $4.5 billion “adequacy gap,” lawmakers have put nearly $1.9 billion toward funding lower-income districts, with plans to fill it by 2032.

“It keeps our promise to our school districts,” said State Rep. Jordan Harris (D., Philadelphia), who serves on the powerful appropriations committee responsible for allocating state dollars, in remarks on the House floor Sunday.

The latest installment of adequacy and tax equity payments — $565 million — will largely go to low-income districts that already have high property taxes. The School District of Philadelphia, Pennsylvania’s largest school district and the only one in the state that is unable to raise its own revenue, will get $136 million of that funding increase.

Shapiro proposed generating new revenue streams to help the state fix its multibillion-dollar structural deficit in his last four budget addresses. But the ways he wants to raise that cash have been met with resistance by Senate Republicans, who argue they aren’t policies that will improve the state’s economic standing — or can’t reach agreement within their caucus on how to address the issues.

Shapiro this year didn’t get the hefty minimum wage increase he asked for, raising the hourly minimum from $7.25 to $15 — and counting on the higher wage for $80 million in higher income tax revenues. Nor was he able to get the split General Assembly, where Democrats control the House and Republicans lead the Senate, to approve adult-use cannabis, which his office estimated would bring in $729.4 million in its first year, largely through licensing. (House Democrats have approved plans for a minimum wage increase and recreational marijuana legalization, but the Senate has not voted on the bills.)

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» READ MORE: Could recreational marijuana really bring $1.3 billion in revenue to Pa. over five years? Here’s how other states are faring.

Screen shows skill games and cannabis regulation and reform as Gov. Josh Shapiro makes his annual budget proposal in the state House chamber in Harrisburg Tuesday, Feb. 3, 2026.Read moreTom Gralish / Staff Photographer

Shapiro, in his February budget proposal, also called on the General Assembly to regulate and tax skill games at the same rate as casinos, a move which he has estimated could generate nearly $800 million in revenue in its first year. But any regulation of skill games — slot-machine lookalikes that the state Supreme Court ruled last month are a form of gambling — was left out of the budget.

Lawmakers still have until October to decide whether skill games will be taxed and regulated, part of a grace period in the high court’s ruling. Otherwise, they will become illegal gambling machines found in many corner stores, gas stations, and bars. The issue has been the target of more than $8 million in lobbying and $9 million in campaign spending in Harrisburg, mostly funded by one company.

» READ MORE: How ‘skill games’ exploded across Pennsylvania — and sparked a multimillion-dollar political fight

State Senate Majority Leader Joe Pittman (R., Indiana) during a press conference at the Capitol in Harrisburg Feb. 3, 2026.
State Senate Majority Leader Joe Pittman (R., Indiana) during a press conference at the Capitol in Harrisburg Feb. 3, 2026.Read moreTom Gralish / Staff Photographer

“We can act within the 120 days, we can act after the 120 days,” Senate Majority Leader Joe Pittman (R., Indiana) said on Sunday. “But the choice is now quite simple. These machines are illegal, and in less than 120 days, they will be leaving the marketplace.”

Data centers — which are seeing a boom in Pennsylvania as artificial intelligence usage increases and communities are pushing back on where they are being built — will be required to submit information about their energy and water usage.

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Beginning next summer, data centers in the state with a peak energy demand greater than 10 megawatts will be required to submit information annually to the Department of Environmental Protection.

Outlined as part of this year’s fiscal code, those reports will be publicly-accessible. Data centers that do not submit information about their resource usage will be fined $10,000 a day.

A yard sign protests the proposed data center on New Elm Street near the Closed Cleveland-Cliffs steel mill photographed on Thursday, June 4, 2026 in Conshohocken, Pa.
A yard sign protests the proposed data center on New Elm Street near the Closed Cleveland-Cliffs steel mill photographed on Thursday, June 4, 2026 in Conshohocken, Pa.Read moreMonica Herndon / Staff Photographer

A data center regulation bill, which would have limited state benefits for data center developers and was championed by Shapiro, was not included in the final budget deal. The governor called for limiting a sales and use tax exemption and expediting permitting to projects that comply with a set of transparency and environmental standards.

And several other data center regulation efforts that have received bipartisan support in recent weeks were also absent from the final spending package.

That included efforts to repeal the existing sales tax exemption afforded to data center developers and attempts to enact a local or statewide moratorium on new data center development.

Both chambers passed language repealing the tax exemption and advanced differing bills to freeze development. One Democratic-sponsored bill would have given municipalities the option to implement a 180-day moratorium on new centers. The other, a Republican-sponsored measure, would allow for local moratoriums up to 18 months.

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“Compromise” was the word of the day around the Pennsylvania Capitol on Sunday, when the legislature swiftly passed the more than 600-page budget deal hashed out behind closed doors between Shapiro, Pittman, and House Majority Leader Matt Bradford (D., Montgomery) and passed with bipartisan support in both chambers.

The legislative leaders and Shapiro emphasized that they didn’t get exactly what they wanted in the budget, as a symptom of dealing with divided government. And leaders were proud to have reached the deal less than two weeks after their July 1 deadline, rather than the nearly five months that it took to hash out an agreement last year.

House Majority Leader Matt Bradford (D., Montgomery) speaks on Tuesday, Jan. 7, 2025.
House Majority Leader Matt Bradford (D., Montgomery) speaks on Tuesday, Jan. 7, 2025.Read moreTom Gralish / Staff Photographer

Lawmakers also agreed to work over the weekend to hurriedly approve the budget deal, with members of the Senate coming in on Saturday night to begin advancing parts of the budget deal and the House joining them Sunday afternoon. By 6:15 p.m. on Sunday, Shapiro had signed it.

Among the inspirations for the weekend of productivity: Making it to the MLB All-Star Game in Philadelphia, Bradford said, for which he has tickets.

Leaders returned to some old accounting maneuvers to address the state’s multibillion-dollar structural deficit and avoid pulling from the state’s emergency savings account.

They spent down unused and underused dedicated funds, and rolled some of the state’s Medicaid payments totaling $1.3 billion to the next fiscal year, a move lawmakers typically resorted to before the state saw an influx of federal dollars during the COVID pandemic.

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Without those delayed payments, the state budget would total closer to $52.1 billion, and several GOP members criticized the total as being disingenuous.

More than 80,000 retired public-sector employees will receive a cost-of-living adjustment to their pensions, something advocates have sought for years.

» READ MORE: More than 80,000 Pa. retired teachers, police officers, and firefighters will get a pension bump — some for the first time in decades

Public school teachers and other state employees who retired before July 1, 2002 will receive a tiered monthly payment based on the date of their retirement. Similarly, police officers and firefighters who retired more than five years ago will receive monthly payments ranging from $50 to $300 dollars, depending on how long they have been retired.

Lawmakers from both parties had called for the cost-of-living increase.

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Legislators also agreed to close a loophole that allowed online sellers to avoid paying Philadelphia’s local 2% sales tax on purchases made in the city.

Mayor Cherelle L. Parker had asked the General Assembly to close it as part of her own city budget pitch in a move estimated to bring an additional $1.5 million to Philadelphia.

Philadelphia Mayor Cherelle L. Parker is cheered by members of Philadelphia City Council at conclusion of her budget address, Thursday, March 12, 2026.
Philadelphia Mayor Cherelle L. Parker is cheered by members of Philadelphia City Council at conclusion of her budget address, Thursday, March 12, 2026.Read moreAlejandro A. Alvarez / Staff Photographer

Twenty-nine states have bell-to-bell cell phone bans. This year, Pennsylvania will not join them, despite the passage of two separate phone ban bills — one in each chamber of the legislature.

In: Mandatory recess for students K-5

Recess is now law in Pennsylvania.

Another education policy change championed by Shapiro, a mandatory, 30-minute recess for students in grades kindergarten through fifth was established in this year’s budget as a way to improve learning outcomes.

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Several Pennsylvania funding issues that have gone years without being addressed were left out of the latest budget, some with more pressing deadlines than others.

Lawmakers did not address a need for mass transit funding — which led to last year’s bitter budget stalemate among legislators — but are expected to identify a long-term funding stream for the transit agencies next year when a two-year fail-safe runs out.

» READ MORE: Public transit is in trouble all across Pennsylvania, including in GOP districts

Senator Nikil Saval, speaks at a press conference calling for more SEPTA funding from the state at Independence Hall in Philadelphia, Pa., on Friday, June 26, 2026.
Senator Nikil Saval, speaks at a press conference calling for more SEPTA funding from the state at Independence Hall in Philadelphia, Pa., on Friday, June 26, 2026.Read moreTyger Williams / Staff Photographer

Other local governments and service providers said their needs are more urgent.

The County Commissioners Association of Pennsylvania released an urgent plea after the state budget was signed that counties still have not received the critical mental health funding they need, or a surcharge increase used to fund 911 call systems. Home-health service providers also continued their calls for increased state funding they say is needed, as the industry faces serious staffing issues due to low state reimbursement rates.

» READ MORE: Pennsylvania’s home care industry is in crisis, with low pay and unfilled shifts driving it toward collapse

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Rape crisis centers got a much-needed funding increase, doubling how much the centers receive from $12 million to just over $24 million.

Philadelphia’s only rape crisis center had to lay off its employees and rely on volunteer work during last year’s monthslong state budget impasse.

Republican and Democratic lawmakers championed the organizations in this budget, making the largest single-year increase for the critical services in state history, according to the Pennsylvania Coalition to Advance Respect.

“Today marks a turning point for survivors and rape crisis centers across Pennsylvania,” said Joyce Lukima, the organization’s coalition director, in a news release.

Ethan Young is an intern with the Pennsylvania Legislative Correspondents’ Association.

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