'Gilmartin's Law' advances to close sentencing gap for attacks on police
DAUPHIN CO. (WOLF) — A bipartisan effort to strengthen penalties for violent attacks on law enforcement officers is moving forward in Pennsylvania, following a shooting that nearly cost a Scranton detective his life.
State Senators Lisa Baker (R-20) and Rosemary Brown (R-40), joined by law enforcement leaders and prosecutors, announced Senate passage of Senate Bill 1284, known as Detective Kyle Gilmartin’s Law, at the Pennsylvania State Capitol.
The legislation was inspired by the January 11, 2024 ambush shooting of Scranton Police Detective Kyle Gilmartin, who was critically injured after being shot twice in the head while responding to reports of gang activity.
According to investigators, officers were riding in a marked police vehicle in Scranton’s Hill Section and South Scranton when the suspect, Aiden Deininger, opened fire. Police returned fire, wounding the suspect. Gilmartin’s survival has since been described by many as miraculous.
Despite the severity of the attack, the case exposed what lawmakers call a significant gap in Pennsylvania’s sentencing laws.
Under current law, attempted murder of a law enforcement officer does not carry a mandatory minimum sentence. Instead, judges rely on sentencing guidelines that, in some cases, recommend prison terms as low as seven years.
That stands in contrast to aggravated assault against a law enforcement officer, which already carries a mandatory minimum sentence of 20 years.
Senate Bill 1284 aims to close that gap by establishing a 20-year mandatory minimum sentence for individuals convicted of attempting, conspiring, or soliciting the murder of a law enforcement officer when serious bodily injury occurs. The bill also allows for a maximum penalty of up to life in prison.
Speaking at the Capitol, Detective Gilmartin reflected on the night of the shooting and the impact on his family.
“That night I was at home with my wife, my eight-month-old son, just trying to spend time with my family. I got a call to go into work and 5 hours later somebody shot me in the head twice from three feet away. State, local, federal law enforcement, they’re just normal guys and families that just want to go home to their kids at night," said Gilmartin.
Senator Baker emphasized the importance of accountability and deterrence.
“We met detective Kyle Gilmartin who was shot twice in the head in 2024. Two of his partners were in the patrol vehicle with him and escaped injury. They all came forward today and said this is so important to send that message to criminals. If you do that activity, you will be held accountable," said Baker.
Prosecutors say the long-term impact of these crimes goes far beyond physical injuries.
“When you take away someone’s career, when you limit their interaction with their family, their friends, their family, their officers, when you hurt their relationship with their children or their wives or their spouses or their department, a 20 year mandatory minimum is appropriate and the impact is permanent,” said District Attorney Brian Gallagher.
The bill has received broad support from district attorneys across northeastern Pennsylvania, including Luzerne, Susquehanna, Wyoming, Wayne, and Pike counties.
In connection to the Gilmartin case, two individuals were sentenced to lengthy prison terms. Jeremiah Cleveland received 20 to 43 years for aggravated assault and related charges, while Aiden Deininger, the gunman, was sentenced to 25 to 83 years in prison, followed by probation.
The Senate Judiciary Committee, chaired by Baker, advanced the bill earlier this week in an 8-5 vote before it passed the full Senate with bipartisan support, 41-8.
Senate Bill 1284 now heads to the Pennsylvania House of Representatives for consideration.
