THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY ORIE, JUNE 22, 2009

REFERRED TO TRANSPORTATION, JUNE 22, 2009  

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, further providing for homicide by vehicle while

driving under influence.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 3735 of Title 75 of the Pennsylvania

Consolidated Statutes is amended to read:

§ 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] as provided for in

subsection (a.1). An additional three-year term of imprisonment

shall be imposed for each victim whose death is the result of

the violation of section 3802.

(a.1)  Sentences imposed under subsection (a).--Sentences

imposed under subsection (a) shall be determined according to

blood alcohol content in the following manner:

(1)  Persons with a blood alcohol content between 0.08%

and 0.10% at the time of the offense who are sentenced under

subsection (a) shall serve a minimum term of imprisonment of

not less than three years.

(2)  Persons with a blood alcohol content between 0.10%

and 0.16% at the time of the offense who are sentenced under

subsection (a) shall serve a minimum term of imprisonment of

not less than six years.

(3)  Persons with a blood alcohol content between 0.16%

and 0.20% at the time of the offense who are sentenced under

subsection (a) shall serve a minimum term of imprisonment of

not less than nine years.

(4)  Persons with a blood alcohol content between 0.20%

and 0.25% at the time of the offense who are sentenced under

subsection (a) shall serve a minimum term of imprisonment of

not less than 12 years, and the offense shall be a felony of

the first degree.

(5)  Persons with a blood alcohol content of 0.25% or

higher at the time of the offense who are sentenced under

subsection (a) shall serve a minimum term of imprisonment of

not less than 15 years, and the offense shall be a felony of

the first degree.

(b)  Applicability of sentencing guidelines.--The sentencing

guidelines promulgated by the Pennsylvania Commission on

Sentencing shall not supersede the mandatory [penalty] penalties 

of this section.

Section 2.  This act shall take effect in 60 days.