PRINTER'S NO. 1778
No. 1479 Session of 1999
INTRODUCED BY ORIE, KENNEY, MASLAND, SAYLOR, FAIRCHILD, PLATTS,
BAKER, TRUE, CHADWICK, ROHRER, SCHULER, E. Z. TAYLOR,
PETRARCA, TIGUE, CAWLEY, MAITLAND, GEIST, R. MILLER,
MARKOSEK, McNAUGHTON, MELIO, FARGO, EGOLF, S. MILLER,
HUTCHINSON, HARHAI, BELFANTI, SCRIMENTI, FORCIER, BATTISTO,
THOMAS, DeLUCA, YEWCIC, BROWNE, YOUNGBLOOD, JAMES, RAMOS AND
DALLY, MAY 11, 1999
REFERRED TO COMMITTEE ON JUDICIARY, MAY 11, 1999
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for homicide by vehicle while
3 driving under the influence and for aggravated assault by
4 vehicle while driving under the influence.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 3735 of Title 75 of the Pennsylvania
8 Consolidated Statutes, amended December 21, 1998 (P.L.1126,
9 No.151), is amended to read:
10 § 3735. Homicide by vehicle while driving under influence.
11 (a) Offense defined.--Any person who unintentionally causes
12 the death of another person, including, but not limited to, an
13 unborn child as defined in 18 Pa.C.S. § 3203 (relating to
14 definitions), as the result of a violation of section 3731
15 (relating to driving under influence of alcohol or controlled
16 substance) and who is convicted of violating section 3731 is
1 guilty of a felony of the second degree when the violation is
2 the cause of death and the sentencing court shall order the
3 person to serve a minimum term of imprisonment of not less than
4 three years. A consecutive three-year term of imprisonment shall
5 be imposed for each victim whose death is the result of the
6 violation of section 3731.
7 (b) Applicability of sentencing guidelines.--The sentencing
8 guidelines promulgated by the Pennsylvania Commission on
9 Sentencing shall not supersede the mandatory penalty of this
10 section.
11 Section 2. Section 3735.1 of Title 75 is amended to read:
12 § 3735.1. Aggravated assault by vehicle while driving under the
13 influence.
14 (a) Offense defined.--Any person who negligently causes
15 serious bodily injury to another person, including, but not
16 limited to, an unborn child, as the result of a violation of
17 section 3731 (relating to driving under influence of alcohol or
18 controlled substance) and who is convicted of violating section
19 3731 commits a felony of the second degree when the violation is
20 the cause of the injury.
21 [(b) Definition.--As used in this section, the term "serious
22 bodily injury" means any bodily injury which creates a
23 substantial risk of death or which causes serious, permanent
24 disfigurement or protracted loss or impairment of the function
25 of any bodily member or organ.]
26 (b) Definitions.--As used in this section, the following
27 words and phrases shall have the meanings given to them in this
28 subsection:
29 "Serious bodily injury." Any bodily injury which creates a
30 substantial risk of death or which causes serious, permanent
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1 disfigurement or protracted loss or impairment of the function
2 of any bodily member or organ.
3 "Unborn child." This phrase shall have the same meaning
4 given to it under 18 Pa.C.S. § 3203 (relating to definitions).
5 Section 3. This act shall take effect in 60 days.
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