PRINTER'S NO. 109
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
145
Session of
2017
INTRODUCED BY MOUL, BAKER, KAUFFMAN, KNOWLES, MACKENZIE, WATSON,
MILLARD, GILLESPIE, WARD, D. COSTA AND MILNE,
JANUARY 23, 2017
REFERRED TO COMMITTEE ON TRANSPORTATION, JANUARY 23, 2017
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in licensing of drivers, further providing for
suspension of operating privilege; and, in miscellaneous
provisions, further providing for the offense of homicide by
vehicle while driving under influence.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1532(a.1)(2) of Title 75 of the
Pennsylvania Consolidated Statutes is amended and subsection (b)
is amended by adding a paragraph to read:
§ 1532. Suspension of operating privilege.
* * *
(a.1) Three-year suspension.--The department shall suspend
the operating privilege of any driver for three years upon
receiving a certified record of the driver's conviction of or an
adjudication of delinquency based on a violation of any of the
following offenses:
* * *
(2) Any violation of section [3735] 3735(a)(1)(i)
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(relating to homicide by vehicle while driving under
influence).
(b) Suspension.--
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(6) The department shall suspend the operating privilege
of any driver for life upon receiving a certified record of
the driver's conviction of or an adjudication of delinquency
under section 3735(a)(1)(ii).
* * *
Section 2. Section 3735(a) of Title 75 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 three-year term of
imprisonment shall be imposed for each victim whose death is the
result of the violation of section 3802.]
(1) A 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 if
the violation is the cause of death:
(i) is guilty of a felony of the second degree; or
(ii) is guilty of a felony of the first degree if,
before sentencing on the present violation, the person
has incurred a conviction, adjudication of delinquency,
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juvenile consent decree, acceptance of accelerated
rehabilitative disposition or other form of preliminary
disposition for any of the following:
(A) An offense under section 3802(a), (b), (c),
(d) or (f) .
(B) An offense under former section 3731(a)(1),
(2), (3) or (4)(i) (relating to driving under
influence of alcohol or controlled substance).
(C) An offense which constitutes a felony under
Subchapter B of Chapter 37 (relating to serious
traffic offenses).
(D) An offense substantially similar to an
offense under clause (A), (B) or (C) in another
jurisdiction.
(E) Any combination of the offenses under clause
(A), (B), (C) or (D).
(2) The sentencing court shall order a person convicted
under paragraph (1)(i) to serve a minimum term of
imprisonment of not less than three years. A consecutive
three-year term of imprisonment shall be imposed for each
victim whose death is the result of a violation of section
3802.
(3) The sentencing court shall order a person convicted
under paragraph (1)(ii) 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 a violation of section 3802.
* * *
Section 3. This act shall take effect in 60 days.
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