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                                                      PRINTER'S NO. 1935

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1575 Session of 1997


        INTRODUCED BY MARSICO, LYNCH, ZUG, BATTISTO, YOUNGBLOOD,
           E. Z. TAYLOR, OLASZ, RAMOS, PRESTON, STEELMAN AND PISTELLA,
           JUNE 4, 1997

        REFERRED TO COMMITTEE ON TRANSPORTATION, JUNE 4, 1997

                                     AN ACT

     1  Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
     2     Statutes, dedicating a portion of fines collected in
     3     construction and maintenance areas for a commercial drivers
     4     law training program; and decreasing the penalty for homicide
     5     by vehicle when it occurs in certain areas.

     6     The General Assembly of the Commonwealth of Pennsylvania
     7  hereby enacts as follows:
     8     Section 1.  Section 3326 of Title 75 of the Pennsylvania
     9  Consolidated Statutes is amended by adding a subsection to read:
    10  § 3326.  Duty of driver in construction and maintenance areas.
    11     * * *
    12     (e)  Commercial drivers law training program.--The court
    13  shall transfer 25% of the fine collected under subsection (c) to
    14  the State Treasurer for deposit in the Commercial Drivers Law
    15  Training Program Fund. The moneys in the Commercial Drivers Law
    16  Training Program Fund are appropriated to the department with
    17  the approval of the Governor for expenditure on a program of
    18  training for police officers, district attorneys and district
    19  justices on enforcement of the provisions of Chapter 16

     1  (relating to commercial drivers) and the regulations promulgated
     2  thereunder.
     3     Section 2.  Section 3732 of Title 75 is amended to read:
     4  § 3732.  Homicide by vehicle.
     5     (a)  General rule.--Any person who unintentionally causes the
     6  death of another person while engaged in the violation of any
     7  law of this Commonwealth or municipal ordinance applying to the
     8  operation or use of a vehicle or to the regulation of traffic
     9  except section 3731 (relating to driving under influence of
    10  alcohol or controlled substance) is guilty of homicide by
    11  vehicle[, a misdemeanor of the first degree, when the violation
    12  is the cause of death].
    13     (b)  Grading of offense.--
    14         (1)  Except as provided in paragraph (2), homicide by
    15     vehicle, when the violation is the cause of death, is a
    16     misdemeanor of the first degree.
    17         (2)  Homicide by vehicle is a misdemeanor of the second
    18     degree when it occurs:
    19             (i)  in construction or maintenance areas;
    20             (ii)  in school zones; or
    21             (iii)  while passing a school bus.
    22     Section 3.  This act shall take effect in 60 days.






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