On March 26, 2026, our Supreme Court overturned decades of precedent and ruled life without parole for felony murder is cruel and unusual absent an assessment of culpability. Further, the Court stayed its ruling for 120 days so the Pennsylvania General Assembly could take remedial steps to address this change in the law.
As such, District Attorneys Gallagher (Lackawanna), Gavitt-Shaffer (Sullivan), Greek (Carbon), Howell (Wayne), Mancuso (Monroe), O’Malley (Susquehanna), O’Pake (Schuylkill), Peters (Wyoming), Sanguedolce (Luzerne), and Tonkin (Pike) from Northeast Pennsylvania join together to thank Senator Baker and the Senate for expeditiously acting on Senate Bill 1400 to take the first steps to provide a fair resolution to the Court’s ruling.
The felony murder statute is designed to discourage and punish those involved six (6) specific felonies deemed so violent, they are likely to lead to death even when that death may not be initially intended. Since the middle of the last century, the felonies of robbery, rape, deviate sexual intercourse by force or threat, arson, burglary, and kidnapping, when a death resulted, were punishable by life without parole.
We are disappointed in this ruling as dozens of victims’ families relied on the certainty of the penalty in making peace with the only form of justice they were afforded after tragically losing a loved one. Nonetheless, we support this bill’s mandatory minimum of thirty-five (35) years to a maximum of life which recognizes that the penalty for taking a life must be commensurate with the crime. We also appreciate that this legislation gives victims a meaningful opportunity to be heard throughout the criminal process. We continue to review the remaining language of the bill for any unintended consequences and recognize the work yet to be done in reaching agreement in both Houses of the General Assembly.
Together, our offices will continue to push to see that the punishment fits the crime, and that the rights of the victims’ families are given equal consideration in the resolution of this critical legislation.
Sincerely,
District Attorneys:
Brian Gallagher, Lackawanna County
Julie Gavitt-Shaffer, Sullivan County
Michael S. Greek, Carbon County
A.G. Howell, Wayne County
Mike Mancuso, Monroe County Marion O’Malley, Susquehanna County
Michael O’Pake, Schuylkill County