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Pennsylvania Governor Tom Wolf in a July file photo.
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Gov. Tom Wolf vetoes bill that could have kept prisoners behind bars longer

Commonwealth Media Services

Gov. Tom Wolf vetoes bill that could have kept prisoners behind bars longer

HARRISBURG — Gov. Tom Wolf on Friday vetoed legislation that would have kept violent prisoners behind bars longer but that the governor argued was essentially the same as imposing mandatory minimum sentences.

House Bill 146, or “Markie’s Law,” was named after Markie Mason, an 8-year-old boy who was stabbed to death by a man who had been paroled at the end of his minimum sentence for homicide, even after committing two separate assaults of other inmates while in prison.

The boy was killed in a house in Union, Lawrence County, in July 2019 after the paroled man, Keith Burley Jr., had fought with the boy’s mother. Burley was charged with murder.

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The bill would have postponed consideration of a violent inmate’s parole an additional 24 months following the inmate’s minimum release date for each conviction of a violent offense while incarcerated.

In addition, it would have suspended consideration of an inmate’s parole an additional 12 months if the inmate attempted to escape, smuggled contraband, or retaliated or intimidated witnesses while incarcerated.

In his veto message, Mr. Wolf called the legislation “misguided.”

“The bill was prompted by the tragic death of an 8-year-old boy, and I sympathize with the family for their loss and for the desire of legislators to make Pennsylvania a safer place,” Mr. Wolf said. “However, this legislation does not promote public safety, but instead proposes a mechanical and ineffective structure of mandatory parole denial, which is in effect, a mandatory minimum by another name.”

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The legislation had passed the Senate by a 41-9 vote, and then the House voted 133-69 to concur with changes made by the Senate to the original bill.

The bill’s sponsor in the House, Rep. Aaron Bernstine, R-Ellwood City, was quick to criticize the governor’s veto.

“I am upset, disappointed and disgusted with the governor’s decision to veto this important, commonsense legislation,” he said. “This bill would have kept the most dangerous inmates from a premature release in order to protect our Commonwealth residents and would have saved Markie’s life.”

Mr. Bernstine disagreed with Mr. Wolf’s contention that the proposed law does not promote public safety.

“Had this animal who murdered Markie Mason remained behind bars, [the boy] would still be alive today,” Mr. Bernstine said. “How does this bill not promote public safety? The legislation is all about keeping criminals locked up so they can’t be harmful to society.”

First Published: October 3, 2022, 2:48 p.m.

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Pennsylvania Governor Tom Wolf in a July file photo.  (Commonwealth Media Services)
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