We are deeply disappointed that on Thursday, April 9, Democratic leadership in the PA House postponed a vote to move vital legislation, House Bill 443, out of the Pennsylvania House Judiciary Committee and to a full floor vote. HB 443, which has 43 cosponsors, would abolish the sentence of life without parole – better known as death by incarceration – for second degree murder.

On March 26, 2026, the PA Supreme Court ruled that mandatory life without parole for second degree murder is unconstitutional. The ruling gave the PA General Assembly 120 days to act and provide a remedy for more than 1,000 people serving this unconstitutional sentence. With last week’s delay, there are now fewer than 102 days to create this remedy. Unnecessary delays in seeking a remedy are dangerous as they can derail the legislative process.

HB 443 provides a remedy that is fair and just for all Pennsylvanians. For that reason, it is broadly supported by key stakeholders in the fight to end mass incarceration and death by incarceration and promote true public safety in Pennsylvania, including many leaders from communities most impacted by mass incarceration and gun violence.

Thousands of Pennsylvanians are serving an unconstitutional sentence right now on our watch. While we are reasonably confident that a future court case will lead to mass resentencings, inaction by the PA General Assembly will likely leave life without parole on the table as an option in those resentencings. This could lead to disparate outcomes in counties across PA where people in counties with extremely punitive prosecutors and courts could be re-condemned to die in prison with no possibility of a second look and at great cost to Pennsylvania taxpayers. At the same time, nearly half of these resentencings would take place in Philadelphia. Any legislation that passes must ensure that Philadelphians with these unconstitutional sentences are not placed in a worse position than they would face at resentencing.

The ball is in the court of those in power in the PA General Assembly as well as the Governor. They must do the right thing and pass legislation that:

• ensures retroactive relief for people currently serving an unconstitutional sentence;
• eliminates completely the possibility of life without parole; and
• creates parole eligibility after no more than 25 years.

The time to act to ensure Pennsylvanians’ constitutional rights is now.

Signed,

Abolitionist Law Center
ACLU of Pennsylvania
Amistad Law Project
Defender Association of Philadelphia
Dream.Org
Public Defender Association of Pennsylvania
Straight Ahead
Youth Sentencing and Reentry Project