75c3732s

§ 3732.  Homicide by vehicle.

(a)  Offense.--Any person who recklessly or with gross negligence causes the death of another person while engaged in the violation of any law of this Commonwealth or municipal ordinance applying to the operation or use of a vehicle or to the regulation of traffic except section 3802 (relating to driving under influence of alcohol or controlled substance) is guilty of homicide by vehicle, a felony of the third degree, when the violation is the cause of death.

(b)  Sentencing.--

(1)  In addition to any other penalty provided by law, a person convicted of a violation of subsection (a) may be sentenced to an additional term not to exceed five years' confinement if at trial the prosecution proves beyond a reasonable doubt that the offense occurred in an active work zone.

(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 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 3316, 3325 or 3327 may be sentenced to an additional term not to exceed five years' confinement when the violation resulted in death.

(2)  The prosecution must indicate intent to proceed under this section in the indictment or information which commences the prosecution.

(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 3316, 3325 or 3327.

75c3732v

(Dec. 15, 1982, P.L.1268, No.289, eff. 30 days; Dec. 20, 2000, P.L.772, No.108, eff. 60 days; Dec. 23, 2002, P.L.1982, No.229, eff. 6 months; Sept. 30, 2003, P.L.120, No.24, eff. Feb. 1, 2004; Oct. 19, 2010, P.L.557, No.81, eff. 60 days; Nov. 4, 2016, P.L.1277, No.165, eff. 60 days)

 

2016 Amendment.  Act 165 amended subsec. (b)(1.1) and (3).

2010 Amendment.  Act 81 amended subsec. (b). The preamble of Act 81 provided that Act 81 may be referred to as the Sgt. Michael C. Weigand Law.

2003 Amendment.  Act 24 amended subsec. (a).

Cross References.  Section 3732 is referred to in sections 1532, 1541, 1553, 1554, 1556, 1611 of this title; section 3103 of Title 23 (Domestic Relations); section 5750 of Title 42 (Judiciary and Judicial Procedure).