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Pennsylvania State Senate
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=S&SPick=20150&cosponId=18625
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Senate of Pennsylvania
Session of 2015 - 2016 Regular Session

MEMORANDUM

Posted: June 23, 2015 04:37 PM
From: Senator Lloyd K. Smucker
To: All Senate members
Subject: DUI Penalty Enhancement Legislation
 
The proposed legislation would amend Title 18 (Crimes and Offenses) and Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes to increase the penalty for killing a person while driving under the influence of alcohol or a controlled substance if an individual has more than two prior offenses within a ten-year period.

Section 303 of Title 18, concerning the causal relationship between conduct and result, would be amended by adding a presumption of recklessness or negligence when the death of a person is caused by an individual committing the offense of driving under the influence of alcohol or a controlled substance.

Section 2502 of Title 18, concerning murder, would be amended to specify that the murder of a person killed as a result of an offense committed when driving under the influence would be considered murder of the third degree, which is graded as a felony of the first degree, if the individual has more than two prior offenses.

Section 3803 of Title 75, relating to driving under the influence, would be amended to provide that an individual who commits a violation and has more than two prior offenses within a ten-year period would be guilty of a felony of the third degree.

The penalty for a driving under the influence offense in Section 3804 of Title 75 would be increased for an individual who has more than two offenses within a ten-year period from imprisonment of not less than ten days to imprisonment of not less than two years nor more than seven years. In addition, the fine would be increased from not less than $500 nor more than $5,000 to not more than $15,000



Introduced as SB839