THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY DeLUCA, GEIST, BARRAR, BOYD, CALTAGIRONE, D. COSTA, DAVIS, FABRIZIO, GILLESPIE, HARRIS, HESS, HORNAMAN, KAVULICH, W. KELLER, KNOWLES, KORTZ, MANN, MATZIE, MILLARD, MOUL, PASHINSKI, PAYNE, PYLE, READSHAW, SANTARSIERO, STABACK, VULAKOVICH, YOUNGBLOOD, J. TAYLOR AND BOBACK, JANUARY 31, 2011

REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 31, 2011  

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, providing for the offense of homicide by vehicle

while fleeing or attempting to elude police officer.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Title 75 of the Pennsylvania Consolidated Statutes

is amended by adding a section to read:

§ 3737.  Homicide by vehicle while fleeing or attempting to

elude police officer.

(a)  Offense defined.--A person who unintentionally causes

the death of another person as the result of a violation of

section 3733 (relating to fleeing or attempting to elude police

officer) and who is convicted of violating section 3733 commits

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 five years. A

consecutive five-year term of imprisonment shall be imposed for

each victim whose death is the result of the violation of

section 3733.

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

guidelines promulgated by the Pennsylvania Commission on

Sentencing shall not supersede the mandatory penalty of this

section.

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