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PRINTER'S NO. 1180
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
776
Session of
2015
INTRODUCED BY RAFFERTY, DINNIMAN, AUMENT, VULAKOVICH, FONTANA,
EICHELBERGER, SCAVELLO, FARNESE AND ARGALL, JULY 16, 2015
REFERRED TO JUDICIARY, JULY 16, 2015
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in miscellaneous provisions, further providing for
homicide by vehicle while driving under influence.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3735(a) of Title 75 of the Pennsylvania
Consolidated Statutes is amended to read:
ยง 3735. Homicide by vehicle while driving under influence.
(a) Offense defined.--[Any person who unintentionally causes
the death of another person as the result of a violation of
section 3802 (relating to driving under influence of alcohol or
controlled substance) and who is convicted of violating section
3802 is guilty of a felony of the second degree when the
violation is the cause of death and the sentencing court shall
order the person to serve a minimum term of imprisonment of not
less than three years. A consecutive three-year term of
imprisonment shall be imposed for each victim whose death is the
result of the violation of section 3802.]
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(1) A person who unintentionally causes the death of
another person as the result of a violation of section 3802
(relating to driving under influence of alcohol or controlled
substance) and who is convicted of violating section 3802 if
the violation is the cause of death:
(i) is guilty of a felony of the second degree; or
(ii) is guilty of a felony of the first degree if,
before sentencing on the present violation, the person
has incurred a conviction, adjudication of delinquency,
juvenile consent decree, acceptance of accelerated
rehabilitative disposition or other form of preliminary
disposition for any of the following:
(A) An offense under section 3802.
(B) An offense under former section 3731
(relating to driving under influence of alcohol or
controlled substance).
(C) An offense which constitutes a felony under
Subchapter B of Chapter 37 (relating to serious
traffic offenses).
(D) An offense substantially similar to an
offense under clause (A), (B) or (C) in another
jurisdiction.
(E) Any combination of the offenses under clause
(A), (B), (C) or (D).
(2) The sentencing court shall order a person convicted
under paragraph (1)(i) to serve a minimum term of
imprisonment of not less than three years. A consecutive
three-year term of imprisonment shall be imposed for each
victim whose death is the result of a violation of section
3802.
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(3) The sentencing court shall order a person convicted
under paragraph (1)(ii) to serve a minimum term of
imprisonment of:
(i) Not less than five years if, before sentencing
on the present violation, the person has incurred one or
two convictions, adjudications of delinquency, juvenile
consent decrees, acceptances of accelerated
rehabilitative disposition or other forms of preliminary
disposition for any of the offenses listed under
paragraph (1)(ii)(A), (B), (C), (D) or (E). A consecutive
five-year term of imprisonment shall be imposed for each
victim whose death is the result of a violation of
section 3802.
(ii) Not less than seven years if, before sentencing
on the present violation, the person has incurred at
least three convictions, adjudications of delinquency,
juvenile consent decrees, acceptances of accelerated
rehabilitative disposition or other forms of preliminary
disposition for any of the offenses listed under
paragraph (1)(ii)(A), (B), (C), (D) or (E). A consecutive
seven-year term of imprisonment shall be imposed for each
victim whose death is the result of a violation of
section 3802.
* * *
Section 2. This act shall take effect in 60 days.
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