§ 9715. Life imprisonment for homicide.
(a) Mandatory life imprisonment.--Notwithstanding the provisions of section 9712 (relating to sentences for offenses
committed with firearms), 9713 (relating to sentences for offenses committed on public
transportation) or 9714 (relating to sentences for second and subsequent offenses),
any person convicted of murder of the third degree in this Commonwealth who has previously
been convicted at any time of murder or voluntary manslaughter in this Commonwealth
or of the same or substantially equivalent crime in any other jurisdiction shall be
sentenced to life imprisonment, notwithstanding any other provision of this title
or other statute to the contrary.
(b) Proof at sentencing.--Provisions of this section shall not be an element of the crime and notice thereof
to the defendant shall not be required prior to conviction, but reasonable notice
of the Commonwealth's intention to proceed under this section shall be provided after
conviction and before sentencing. The applicability of this section shall be determined
at sentencing. The sentencing court, prior to imposing sentence on an offender under
subsection (a), shall have a complete record of the previous convictions of the offender,
copies of which shall be furnished to the offender. If the offender or the attorney
for the Commonwealth contests the accuracy of the record, the court shall schedule
a hearing and direct the offender and the attorney for the Commonwealth to submit
evidence regarding the previous convictions of the offender. The court shall then
determine, by a preponderance of the evidence, the previous convictions of the offender
and, if this section is applicable, shall impose sentence in accordance with this
section. Should a previous conviction be vacated and an acquittal or final discharge
entered subsequent to imposition of sentence under this section, the offender shall
have the right to petition the sentencing court for reconsideration of sentence if
this section would not have been applicable except for the conviction which was vacated.
(c) Authority of court in sentencing.--There shall be no authority in any court to impose on an offender to which this section
is applicable any lesser sentence than provided for in subsection (a) or to place
such offender on probation or to suspend sentence. Nothing in this section shall prevent
the sentencing court from imposing a sentence greater than that provided in this section.
Sentencing guidelines promulgated by the Pennsylvania Commission on Sentencing shall
not supersede the mandatory sentences provided in this section.
(d) Appeal by Commonwealth.--If a sentencing court refuses to apply this section where applicable, the Commonwealth
shall have the right to appellate review of the action of the sentencing court. The
appellate court shall vacate the sentence and remand the case to the sentencing court
for imposition of a sentence in accordance with this section if it finds that the
sentence was imposed in violation of this section.
(Mar. 8, 1982, P.L.169, No.54, eff. 90 days; June 15, 1982, P.L.512, No.141, eff.
imd.)
1982 Amendments. Act 54 added section 9715 and Act 141 amended subsec. (b). Section 4 of Act 54 provided
that the mandatory sentences provided in section 9715 shall be applicable to offenses
committed after the effective date of Act 54.
Notes of Decisions
Cited in
42
cases (
25 in the last 5 years), 1985–2026 · leading case:
Commonwealth v. Haynes, 125 A.3d 800 (Pa. Super. Ct. 2015).
Commonwealth v. Haynes, 125 A.3d 800 (Pa. Super. Ct. 2015).
· cites it 9× “On appeal, the Commonwealth challenges the trial court’s refusal to apply 42 Pa.C.S. § 9715, which mandates a life sentence for a defendant “who has previously been convicted at any time of murder,” based on the trial court’s conclusion that the term “murder” excludes “murder of…”
Commonwealth v. Marks, 704 A.2d 1095 (Pa. Super. Ct. 1997).
· cites it 7× “On April 19, 1996, the trial court sentenced Appellant to the mandatory term of life in prison pursuant to 42 Pa.C.S. § 9715, given his New York homicide convictions.”
Commonwealth v. Thompson, 106 A.3d 742 (Pa. Super. Ct. 2014).
· cites it 2× “The Morris decision involved an interpretation of 42 Pa.C.S. § 9715. That statute authorizes life imprisonment for “any person convicted of murder of the third degree in this Commonwealth who has previously been convicted at any time of murder or voluntary manslaughter[.”
Commonwealth v. Gonzales, 609 A.2d 1368 (Pa. Super. Ct. 1992).
· cites it 2× “[1] Timely filed post-verdict motions were denied by the trial court and Appellant was sentenced to the mandatory minimum of life imprisonment as required by 42 Pa.C.S. § 9715 (Purdon 1982) (Life imprisonment for homicide).”
Commonwealth v. Kuphal, 500 A.2d 1205 (Pa. 1985).
· cites it 2× “§ 9714 (same); and murder in the third degree when the offender has a prior conviction for murder or voluntary manslaughter, 42 Pa.C.S. § 9715 (life imprisonment). [5] Act of Nov.”
Commonwealth v. Rivera, 802 A.2d 629 (Pa. Super. Ct. 2002).
“Appellant was sentenced to life imprisonment pursuant to 42 Pa.C.S. § 9715, which mandates a life sentence for a person convicted of murder in the third degree who has previously been convicted of murder or voluntary manslaughter.”
Commonwealth v. Scott, 497 A.2d 656 (Pa. 1985).
“Appellant’s life sentence is based on section 9715 of the Sentencing Code, 42 Pa.C.S. § 9715: Section 9715 life imprisonment for homicide (a).”
Com. v. Ratliff, E., 2024 Pa. Super. 289 (Pa. Super. Ct. 2024).
“]” 42 Pa.C.S. § 9715(a). Coleman argued that the statute did not apply because the deaths occurred, at most, minutes apart and resulted from one single act.”
Commonwealth v. Coleman, D., Aplt (Pa. 2022).
· cites it 5× “The Superior Court concluded that the sentencing court erred in failing to sentence Appellant pursuant to the mandatory sentencing enhancement set forth in Section 9715(a) of the Sentencing Code, 42 Pa. C.S. § 9715(a), requiring that any person convicted of third-degree murder…”
Com. v. Graves, L. (Pa. Super. Ct. 2016).
· cites it 4× “On October 18, 2006, Appellant was sentenced to life imprisonment pursuant to Pennsylvania’s two strikes law, 42 Pa.C.S. § 9715,1 after a jury ____________________________________________ 1 The Sentencing Code provides in pertinent part, (a) Mandatory life imprisonment.”
Com. v. Sullivan, S. (Pa. Super. Ct. 2018).
· cites it 4× “It is suggested that this claim of error be considered waived due to defendant's failure to point to the location in the record where the improper bolstering appears. When ordered to do so by a trial court, an appellant must file a concise statement of matters complained of on…”
Com. v. Coleman, D. (Pa. Super. Ct. 2021).
· cites it 4× “The Commonwealth challenges the trial court’s refusal to apply the mandatory sentencing provision found in 42 Pa.C.S. § 9715(a). The relevant facts and procedural history are as follows.”
— 42 Pa. Cons. Stat. § 9715(a) — 23 cases
Commonwealth v. Haynes, 125 A.3d 800 (Pa. Super. Ct. 2015).
“On appeal, the Commonwealth challenges the trial court’s refusal to apply 42 Pa.C.S. § 9715, which mandates a life sentence for a defendant “who has previously been convicted at any time of murder,” based on the trial court’s conclusion that the term “murder” excludes “murder of…”
Commonwealth v. Thompson, 106 A.3d 742 (Pa. Super. Ct. 2014).
“The Morris decision involved an interpretation of 42 Pa.C.S. § 9715. That statute authorizes life imprisonment for “any person convicted of murder of the third degree in this Commonwealth who has previously been convicted at any time of murder or voluntary manslaughter[.”
Com. v. Ratliff, E., 2024 Pa. Super. 289 (Pa. Super. Ct. 2024).
“]” 42 Pa.C.S. § 9715(a). Coleman argued that the statute did not apply because the deaths occurred, at most, minutes apart and resulted from one single act.”
Com. v. Coleman, D. (Pa. Super. Ct. 2021).
“The Commonwealth challenges the trial court’s refusal to apply the mandatory sentencing provision found in 42 Pa.C.S. § 9715(a). The relevant facts and procedural history are as follows.”
Commonwealth v. Coleman, D., Aplt (Pa. 2022).
“The Superior Court concluded that the sentencing court erred in failing to sentence Appellant pursuant to the mandatory sentencing enhancement set forth in Section 9715(a) of the Sentencing Code, 42 Pa. C.S. § 9715(a), requiring that any person convicted of third-degree murder…”
— 42 Pa. Cons. Stat. § 9715(b) — 3 cases
Commonwealth v. Coleman, D., Aplt (Pa. 2022).
“The Superior Court concluded that the sentencing court erred in failing to sentence Appellant pursuant to the mandatory sentencing enhancement set forth in Section 9715(a) of the Sentencing Code, 42 Pa. C.S. § 9715(a), requiring that any person convicted of third-degree murder…”
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