(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 two years'
confinement if at trial the prosecution proves beyond a
reasonable doubt that the offense occurred in an active work
zone.
(2) 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] who is also convicted 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 3316, 3325 or 3327] may
be sentenced to an additional term not to exceed two years'
confinement [when the violation resulted in serious bodily
injury].
(3) The prosecution must indicate intent to proceed
under this section in the indictment or information which
commences the prosecution.
(4) The Pennsylvania Commission on Sentencing, under 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] the individual was also convicted of a violation of
section 1501, 1543, 3316, 3325 or 3327.
§ 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.]
(1) A 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:
(i) is guilty of a felony of the second degree; or
(ii) is guilty of a felony of the first degree if,
before sentencing on the present violation, the person
has incurred a conviction, adjudication of delinquency,
juvenile consent decree, acceptance of Accelerated
Rehabilitative Disposition or other form of preliminary
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