PRINTER'S NO. 867
No. 740 Session of 2007
INTRODUCED BY DeLUCA, BARRAR, BELFANTI, BEYER, BOYD,
CALTAGIRONE, COSTA, CREIGHTON, DALEY, FABRIZIO, FRANKEL,
GEIST, GERGELY, GILLESPIE, GRUCELA, HARHAI, HARPER, HARRIS,
HERSHEY, HESS, KOTIK, MANN, MARKOSEK, MELIO, MICOZZIE,
NAILOR, PALLONE, PAYNE, PAYTON, PHILLIPS, PYLE, RAMALEY,
READSHAW, SAINATO, SAYLOR, SCAVELLO, SCHRODER, SIPTROTH,
SOLOBAY, SONNEY, STABACK, STERN, WALKO, WOJNAROSKI AND
YOUNGBLOOD, MARCH 19, 2007
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 19, 2007
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, providing for the offense of homicide by vehicle
3 while fleeing or attempting to elude police officer.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 75 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 3737. Homicide by vehicle while fleeing or attempting to
9 elude police officer.
10 (a) Offense defined.--Any person who unintentionally causes
11 the death of another person as the result of a violation of
12 section 3733 (relating to fleeing or attempting to elude police
13 officer) and who is convicted of violating section 3733 is
14 guilty of a felony of the second degree when the violation is
15 the cause of death, and the sentencing court shall order the
1 person to serve a minimum term of imprisonment of not less than
2 five years. A consecutive five-year term of imprisonment shall
3 be imposed for each victim whose death is the result of the
4 violation of section 3733.
5 (b) Applicability of sentencing guidelines.--The sentencing
6 guidelines promulgated by the Pennsylvania Commission on
7 Sentencing shall not supersede the mandatory penalty of this
8 section.
9 Section 2. This act shall take effect in 60 days.
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