AN ACT

 

1Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2Statutes, <-in licensing of drivers, further providing for 
3suspension of operating privilege; and, in miscellaneous 
4provisions, further providing for <-the offense of homicide by
5vehicle while driving under influence.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

<-8Section 1. Section 3735(a) of Title 75 of the Pennsylvania
9Consolidated Statutes is amended to read:

<-10Section 1. Section 1532(a.1)(2) of Title 75 of the
11Pennsylvania Consolidated Statutes is amended and subsection (b)
12is amended by adding a paragraph to read:

13§ 1532. Suspension of operating privilege.

14* * *

15(a.1) Three-year suspension.--The department shall suspend
16the operating privilege of any driver for three years upon
17receiving a certified record of the driver's conviction of or an
18adjudication of delinquency based on a violation of any of the

1following offenses:

2* * *

3(2) Any violation of section 3735(a)(1)(i) (relating to
4homicide by vehicle while driving under influence).

5(b) Suspension.--

6* * *

7(6) The department shall suspend the operating privilege
8of any driver for life upon receiving a certified record of
9the driver's conviction of or an adjudication of delinquency
10based on section 3735(a)(1)(ii).

11* * *

12Section 2. Section 3735(a) of Title 75 is amended to read:

13§ 3735. Homicide by vehicle while driving under influence.

14(a) Offense defined.--[Any person who unintentionally causes
15the death of another person as the result of a violation of
16section 3802 (relating to driving under influence of alcohol or
17controlled substance) and who is convicted of violating section
183802 is guilty of a felony of the second degree when the
19violation is the cause of death and the sentencing court shall
20order the person to serve a minimum term of imprisonment of not
21less than three years. A consecutive three-year term of
22imprisonment shall be imposed for each victim whose death is the
23result of the violation of section 3802.]

24(1) Any person who unintentionally causes the death of
25another person as the result of a violation of section 3802
26(relating to driving under influence of alcohol or controlled
27substance) and who is convicted of violating section 3802 if
28the violation is the cause of death:

29(i) is guilty of a felony of the second degree; or

30(ii) is guilty of a felony of the first degree if,

1before sentencing on the present violation, the person
2has incurred a conviction, adjudication of delinquency,
3juvenile consent decree, acceptance of accelerated
4rehabilitative disposition or other form of preliminary
5disposition for any of the following:

6(A) An offense under section <-3802 3802(a), (b),
7(c), (d) or (f).

8(B) An offense under former section <-3731 3731(a)
9(1), (2), (3) or (4)(i) (relating to driving under
10influence of alcohol or controlled substance).

11(C) An offense which constitutes a felony under
12Ch. 37, Subch. B (relating to serious traffic
13offenses).

14(D) An offense substantially similar to an
15offense under clause (A), (B) or (C) in another
16jurisdiction.

17(E) Any combination of the offenses under clause
18(A), (B), (C) or (D).

19(2) The sentencing court shall order a person convicted
20under paragraph (1)(i) to serve a minimum term of
21imprisonment of not less than three years. A consecutive
22three-year term of imprisonment shall be imposed for each
23victim whose death is the result of a violation of section
243802.

25(3) The sentencing court shall order a person convicted
26under paragraph (1)(ii) to serve a minimum term of
27imprisonment of not less than five years. A consecutive five-
28year term of imprisonment shall be imposed for each victim
29whose death is the result of a violation of section 3802.

30* * *

1Section <-2 3. This act shall take effect in 60 days.