The second-degree sentencing deadline has passed. What happens now?

An for prediction market platform Kalshi hangs at 13th and L Streets in northwest Washington, April 1, 2026. (AP Photo/Allison Robbert, File) 2026-07-28T17:42:08Z The Pennsylvania-general-assembly" class="entity-link entity-organization" data-entity-id="173393" data-entity-type="organization">Pennsylvania General Assembly has missed the deadline set for it by the state Supreme Court without passing a legislative solution to the commonwealth’s unconstitutional sentencing scheme for second-degree murder. 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. The court ruled in March that mandatory life without parole without consideration of a person’s individual responsibility for the death violates the Pennsylvania Constitution. Justices gave lawmakers until July 24 to rewrite the sentencing laws. 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. With no action from the legislature, the court’s ruling will now take effect. Here’s what you need to know. Can the legislature still act? Yes, despite missing the deadline set out by the court, the legislature can act at any time. Both chambers have passed a bill outlining their version of a way forward. The state Senate bill, SB 1400 , would establish a 35-year mandatory minimum for most people who are convicted of second-degree murder. The bill would preserve the option of life without parole in some cases. It also provides the option for a lower sentence, 10 to 40 years, if a person meets a very narrow set of circumstances. For people already serving a life sentence, the bill would create parole eligibility after 35 years for most, or after 20 years for those who are at least 70 years old. There are only about 14 individuals who are 70 or older who have not also served 35 years in state prison for second-degree murder, according to a Spotlight PA analysis of Department of Corrections data. The state House bill, HB 1042 , does not establish a set minimum sentence for individuals convicted of second-degree murder. It preserves life without parole as a maximum, but asks the Pennsylvania-commission-on-sentencing" class="entity-link entity-organization" data-entity-id="173398" data-entity-type="organization">Pennsylvania Commission on Sentencing to establish guidelines the courts can use going forward. (