PRINTER'S NO. 3308
No. 2369 Session of 2002
INTRODUCED BY HASAY, GEIST, M. BAKER, CAWLEY, CLARK,
L. I. COHEN, CORRIGAN, CREIGHTON, DiGIROLAMO, GEORGE,
GORDNER, HARHAI, HENNESSEY, HESS, HORSEY, LAUGHLIN, LEWIS,
MAJOR, MARSICO, McGEEHAN, MUNDY, PALLONE, PIPPY, READSHAW,
SATHER, SEMMEL, B. SMITH, STABACK, STEELMAN, TANGRETTI,
E. Z. TAYLOR, THOMAS, TIGUE, WANSACZ, WATSON AND WILT,
FEBRUARY 12, 2002
REFERRED TO COMMITTEE ON TRANSPORTATION, FEBRUARY 12, 2002
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for homicide by vehicle.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Section 3732 of Title 75 of the Pennsylvania
6 Consolidated Statutes is amended to read:
7 § 3732. Homicide by vehicle.
8 (a) Offense defined.--Any person who recklessly or with
9 gross negligence causes the death of another person while
10 engaged in the violation of any law of this Commonwealth or
11 municipal ordinance applying to the operation or use of a
12 vehicle or to the regulation of traffic except section 3731
13 (relating to driving under influence of alcohol or controlled
14 substance) is guilty of homicide by vehicle[, a felony of the
15 third degree,] when the violation is the cause of death.
1 (b) Grading.--
2 (1) Except as otherwise provided for in paragraph (2), a
3 violation of this section is a felony of the third degree.
4 (2) If the violation causing the death occurs within a
5 clearly marked construction or maintenance area occupied by
6 workers acting in their official capacities, the offense is a
7 felony of the second degree.
8 Section 2. This act shall take effect in 60 days.
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