WHEREAS, it is the mission of the Philadelphia Bar Association to serve the profession and the public by promoting justice, professional excellence, and respect for the rule of law, and in so doing, the Association strives to recognize critical questions concerning moral, financial, and justice-related consequences resulting from the large number of Pennsylvania’s citizens serving life without parole (“LWOP”); and

WHEREAS, Pennsylvania currently has over 5,000 people serving LWOP, a number only surpassed by Florida and California, which have much larger populations than Pennsylvania; and

WHEREAS, More than 1,000 people serving LWOP did not kill or intend to kill; rather they were convicted of Second Degree Murder; LWOP is the only available sentence for Second Degree Murder; and is a mandatory sentence with no judicial discretion permitted; and

WHEREAS, the Philadelphia Bar Association recognizes failures of our justice system revealed upon review of individuals sentenced to LWOP for Second Degree Murder; and

WHEREAS, Such failures include racial inequity (71% are African American), the failure of punishment to reflect degree of participation in the crime, and the injustice of the current sentencing scheme, which prevents the presentation of relevant sentencing information related to perpetrator’s age, education, background and abilities; and

WHEREAS, Representative Tim Briggs (D-Montgomery) has introduced House Bill 443, Printer's Number 421 (“HB 443”); and

WHEREAS, HB 443, provides in summary that any person 18 years or older at the time of the commission of Second Degree Murder shall receive a sentence with a maximum no greater than 50 years; further, that any person 15-17 years of age at the time of the commission of Second Degree Murder shall receive a sentence with a maximum no greater than 40 years; further, that a person under 15 years of age at the time of the commission of Second Degree Murder shall receive a sentence with a maximum no greater than 30 years; and further, that the Pennsylvania Board of Parole is empowered to release any person currently serving LWOP for a Second Degree Murder conviction when the following criteria is met: persons 18 or older at the time of the commission of the crime are eligible for parole after serving 25 years of incarceration; further, persons 15-17 years of age at the time of the commission of the crime are eligible for parole after serving 20 years of incarceration; further, persons under 15 at the time of the commission of the crime are eligible for parole after serving 15 years of incarceration; and that current parole considerations are emphasized, namely the Board must give primary consideration to public safety and provide notice as well as an opportunity to be heard for victims’ family impacted by the crimes.

NOW, THEREFORE, BE IT RESOLVED, that the Philadelphia Bar Association supports the revised sentencing scheme for Second Degree Murder and its retroactive application empowering the Pennsylvania Parole Board to release as set forth in House Bill 443, Printer’s No. 421, or similar legislation; and

THEREFORE, BE IT FURTHER RESOLVED, that the Board of Governors of the Philadelphia Bar Association authorizes the Chancellor or the Chancellor’s designee(s) to communicate the position of this Association to the members of the General Assembly of Pennsylvania, the Governor of Pennsylvania, the legal community, the media, and the public, and to take such other action in furtherance of this resolution as may be deemed necessary.

PHILADELPHIA BAR ASSOCIATION
BOARD OF GOVERNORS
Adopted: June 18, 2025