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PRIOR PRINTER'S NO. 1221
PRINTER'S NO. 1819
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1049
Session of
2017
INTRODUCED BY HAHN, PEIFER, PHILLIPS-HILL, PICKETT, KNOWLES,
MILLARD, READSHAW, RYAN, NEILSON, ZIMMERMAN, D. COSTA, WARD,
WHEELAND, GILLEN, HICKERNELL, A. HARRIS, KORTZ, EVERETT,
KAUFFMAN AND FARRY, APRIL 3, 2017
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
MAY 23, 2017
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in licensing of drivers, further providing for
driving while operating privilege is suspended or revoked.;
AND, IN MISCELLANEOUS PROVISIONS, FURTHER PROVIDING FOR
HOMICIDE BY VEHICLE AND FOR HOMICIDE BY VEHICLE WHILE DRIVING
UNDER INFLUENCE.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1543(b)(1) of Title 75 of the
Pennsylvania Consolidated Statutes is amended to read:
SECTION 1. SECTIONS 1543(B)(1), 3732(B)(1.1) AND (3) AND
3735 OF TITLE 75 OF THE PENNSYLVANIA CONSOLIDATED STATUTES ARE
AMENDED TO READ:
§ 1543. Driving while operating privilege is suspended or
revoked.
* * *
(b) Certain offenses.--
(1) (i) A person who drives a motor vehicle on a
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highway or trafficway of this Commonwealth at a time when
the person's operating privilege is suspended or revoked
as a condition of acceptance of Accelerated
Rehabilitative Disposition for a violation of section
3802 (relating to driving under influence of alcohol or
controlled substance) or the former section 3731, because
of a violation of section 1547(b)(1) (relating to
suspension for refusal) or 3802 or former section 3731 or
is suspended under section 1581 (relating to Driver's
License Compact) for an offense substantially similar to
a violation of section 3802 or former section 3731 shall,
upon a first conviction, be guilty of a summary offense
and shall be sentenced to pay a fine of $500 and to
undergo imprisonment for a period of not less than 60
days nor more than 90 days.
(ii) A second violation of this paragraph shall
constitute a summary offense, and upon conviction thereof
the person shall be sentenced to pay a fine of $1,000 and
to undergo imprisonment for not less than 90 days.
(iii) A third violation of this paragraph shall
constitute a misdemeanor of the third degree, and upon
conviction thereof the person shall be sentenced to pay a
fine of $2,500 and to undergo imprisonment for not less
than six months.
(iv) A fourth or subsequent violation of this
paragraph shall constitute a misdemeanor of the first
degree, and upon conviction thereof the person shall be
sentenced to pay a fine of $5,000 and to undergo
imprisonment for not less than two years.
* * *
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§ 3732. HOMICIDE BY VEHICLE.
* * *
(B) SENTENCING.--
* * *
(1.1) IN ADDITION TO ANY OTHER PENALTY PROVIDED BY LAW,
A PERSON CONVICTED OF A VIOLATION OF SUBSECTION (A) AS THE
RESULT OF A VIOLATION OF SECTION 1501 (RELATING TO DRIVERS
REQUIRED TO BE LICENSED), 1543 (RELATING TO DRIVING WHILE
OPERATING PRIVILEGE IS SUSPENDED OR REVOKED), 3316 (RELATING
TO PROHIBITING TEXT-BASED COMMUNICATIONS), 3325 (RELATING TO
DUTY OF DRIVER ON APPROACH OF EMERGENCY VEHICLE) OR 3327
(RELATING TO DUTY OF DRIVER IN EMERGENCY RESPONSE AREAS) AND
WHO IS CONVICTED OF VIOLATING SECTION 1501, 1543, 3316, 3325
OR 3327 MAY BE SENTENCED TO AN ADDITIONAL TERM NOT TO EXCEED
FIVE YEARS' CONFINEMENT WHEN THE VIOLATION RESULTED IN DEATH.
* * *
(3) THE PENNSYLVANIA COMMISSION ON SENTENCING, PURSUANT
TO 42 PA.C.S. § 2154 (RELATING TO ADOPTION OF GUIDELINES FOR
SENTENCING), SHALL PROVIDE FOR A SENTENCING ENHANCEMENT FOR
AN OFFENSE UNDER THIS SECTION WHEN THE VIOLATION OCCURRED IN
AN ACTIVE WORK ZONE OR WAS THE RESULT OF A VIOLATION OF
SECTION 1501, 1543, 3316, 3325 OR 3327.
§ 3735. HOMICIDE BY VEHICLE WHILE DRIVING UNDER INFLUENCE.
(A) OFFENSE DEFINED.--
(1) 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
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PERSON TO SERVE A MINIMUM TERM OF IMPRISONMENT OF NOT LESS
THAN THREE YEARS.
(2) IN ADDITION TO ANY OTHER PENALTY PROVIDED BY LAW, A
PERSON CONVICTED OF A VIOLATION OF PARAGRAPH (1) AS THE
RESULT OF A VIOLATION OF SECTION 1501 (RELATING TO DRIVERS
REQUIRED TO BE LICENSED) OR 1543 (RELATING TO DRIVING WHILE
OPERATING PRIVILEGE IS SUSPENDED OR REVOKED) AND WHO IS
CONVICTED OF VIOLATING SECTION 1501 OR 1543 MAY BE SENTENCED
TO AN ADDITIONAL TERM UNDER SUBSECTION (B)(2) NOT TO EXCEED
TWO YEARS' CONFINEMENT WHEN THE VIOLATION RESULTED IN DEATH.
(3) A CONSECUTIVE [THREE-YEAR] TERM OF IMPRISONMENT
UNDER THIS SUBSECTION SHALL BE IMPOSED FOR EACH VICTIM WHOSE
DEATH IS THE RESULT OF THE VIOLATION OF SECTION 3802.
(B) APPLICABILITY OF SENTENCING GUIDELINES.--[THE]
(1) SUBJECT TO PARAGRAPH (2), THE SENTENCING GUIDELINES
PROMULGATED BY THE PENNSYLVANIA COMMISSION ON SENTENCING
SHALL NOT SUPERSEDE THE MANDATORY PENALTY OF THIS SECTION.
(2) FOR A PENALTY UNDER SUBSECTION (A)(2), THE
SENTENCING GUIDELINES PROMULGATED BY THE COMMISSION SHALL
DETERMINE THE TERM OF A SENTENCING ENHANCEMENT IN ADDITION TO
THE EXISTING MANDATORY PENALTY OF THIS SECTION.
SECTION 2. THE AMENDMENT OF 75 PA.C.S. §§ 3732(B)(1.1) AND
(3) AND 3735 SHALL APPLY TO OFFENSES COMMITTED ON OR AFTER THE
EFFECTIVE DATE OF THIS SECTION.
Section 2 3. This act shall take effect in 60 days.
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