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House Co-Sponsorship Memoranda
House of Representatives
Session of 2013 - 2014
Regular Session
MEMORANDUM
| Posted: | January 15, 2013 03:47 PM |
|---|---|
| From: | Representative Keith Gillespie |
| To: | All House members |
| Subject: | Title 75 (Vehicle Code) section 3803, relating to grading of DUI Offenses (Former HB493) |
| In the near future, I plan to introduce legislation which amends Title 75 (Vehicle Code), section 3803, relating to grading of DUI offenses. Currently, homicide by vehicle while driving under the influence is graded as a felony of the second degree when the driver unintentionally causes the death of another while driving under the influence of alcohol or a controlled substance. The statute imposes a mandatory minimum term of imprisonment of not less than three years, with consecutive three year terms imposed for each victim whose death is a result of violation of the DUI statute. A felony of the second degree carries a penalty of up to 10 years’ imprisonment and up to a $25,000 fine. Under current law, if, after being convicted and sentenced for a violation of the homicide by vehicle while driving under the influence statute, the offender is subsequently arrested and charged with a second DUI offense where there was an accident resulting in injury to a person or damage to property, the second offense is graded as a misdemeanor for which the individual may be sentenced to up to 6 months’ imprisonment. My legislation will address this situation by providing that a person who was previously convicted of homicide by vehicle while driving under the influence and who is convicted of a subsequent DUI offense will be guilty of a felony of the third degree. A felony of the third degree carries a penalty of up to 7 years’ imprisonment and up to a $15,000 fine. This legislation is necessary in order to ensure that persons who continue to drink and drive and place the safety of law abiding citizens in jeopardy will have to face the consequences of their actions. |
Introduced as HB400