75c3735s

§ 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.

(b)  Applicability of sentencing guidelines.--The sentencing guidelines promulgated by the Pennsylvania Commission on Sentencing shall not supersede the mandatory penalty of this section.

75c3735v

(Dec. 15, 1982, P.L.1268, No.289, eff. 30 days; Feb. 23, 1996, P.L.21, No.8, eff. 60 days; July 11, 1996, P.L.660, No.115, eff. 60 days; Dec. 21, 1998, P.L.1126, No.151, eff. 60 days; Sept. 30, 2003, P.L.120, No.24, eff. Feb. 1, 2004)

 

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

1996 Amendments.  Act 115 overlooked the amendment by Act 8, but the amendments do not conflict in substance and have both been given effect in setting forth the text of section 3735.

Cross References.  Section 3735 is referred to in sections 1532, 1541, 1553, 1554, 1556, 1575 of this title; section 8137 of Title 35 (Health and Safety); sections 1725.3, 1725.5, 5750 of Title 42 (Judiciary and Judicial Procedure).