1Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2Statutes, further providing for homicide by vehicle while
3driving under influence.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Section 3735(a) of Title 75 of the Pennsylvania
7Consolidated Statutes is amended to read:

8§ 3735. Homicide by vehicle while driving under influence.

9(a) Offense defined.--[Any person who unintentionally causes
10the death of another person as the result of a violation of
11section 3802 (relating to driving under influence of alcohol or
12controlled substance) and who is convicted of violating section
133802 is guilty of a felony of the second degree when the
14violation is the cause of death and the sentencing court shall
15order the person to serve a minimum term of imprisonment of not
16less than three years. A consecutive three-year term of
17imprisonment shall be imposed for each victim whose death is the

1result of the violation of section 3802.]

2(1) Any person who unintentionally causes the death of
3another person as the result of a violation of section 3802
4(relating to driving under influence of alcohol or controlled
5substance) and who is convicted of violating section 3802 if
6the violation is the cause of death:

7(i) is guilty of a felony of the second degree; or

8(ii) is guilty of a felony of the first degree if,
9before sentencing on the present violation, the person
10has incurred a conviction, adjudication of delinquency,
11juvenile consent decree, acceptance of accelerated
12rehabilitative disposition or other form of preliminary
13disposition for any of the following:

14(A) An offense under section 3802.

15(B) An offense under former section 3731
16(relating to driving under influence of alcohol or
17controlled substance).

18(C) An offense which constitutes a felony under
19Ch. 37, Subch. B (relating to serious traffic
20offenses).

21(D) An offense substantially similar to an
22offense under clause (A), (B) or (C) in another
23jurisdiction.

24(E) Any combination of the offenses under clause
25(A), (B), (C) or (D).

26(2) The sentencing court shall order a person convicted
27under paragraph (1)(i) to serve a minimum term of
28imprisonment of not less than three years. A consecutive
29three-year term of imprisonment shall be imposed for each
30victim whose death is the result of a violation of section

13802.

2(3) The sentencing court shall order a person convicted
3under paragraph (1)(ii) to serve a minimum term of
4imprisonment of not less than five years. A consecutive five-
5year term of imprisonment shall be imposed for each victim
6whose death is the result of a violation of section 3802.

7* * *

8Section 2. This act shall take effect in 60 days.