H1049B1221A01391 VDL:JMT 05/22/17 #90 A01391
AMENDMENTS TO HOUSE BILL NO. 1049
Sponsor: REPRESENTATIVE FARRY
Printer's No. 1221
Amend Bill, page 1, line 3, by striking out the period after
"revoked" and inserting
; and, in miscellaneous provisions, further providing for
homicide by vehicle while driving under influence.
Amend Bill, page 1, lines 6 and 7, by striking out all of
said lines and inserting
Section 1. Sections 1543(b)(1) and 3735 of Title 75 of the
Pennsylvania Consolidated Statutes are amended to read:
Amend Bill, page 2, by inserting between lines 25 and 26
§ 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
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
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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. § 3735 shall apply to
offenses committed on or after the effective date of this
section.
Amend Bill, page 2, line 26, by striking out "2" and
inserting
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