PRINTER'S NO. 4224
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2707
Session of
2018
INTRODUCED BY FARRY, OCTOBER 12, 2018
REFERRED TO COMMITTEE ON TRANSPORTATION, OCTOBER 12, 2018
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in miscellaneous provisions, further providing for
the offenses of homicide by vehicle, aggravated assault by
vehicle, homicide by vehicle while driving under influence
and aggravated assault by vehicle while driving under the
influence.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 3732(b), 3732.1(b) and 3735 of Title 75
of the Pennsylvania Consolidated Statutes are amended to read:
§ 3732. Homicide by vehicle.
* * *
(b) Sentencing.--
(1) In addition to any other penalty provided by law, a
person convicted of a violation of subsection (a) may be
sentenced to an additional term not to exceed five years'
confinement if at trial the prosecution proves beyond a
reasonable doubt that the offense occurred in an active work
zone.
(1.1) In addition to any other penalty provided by law,
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a person convicted of a violation of subsection (a) [as the
result of a violation of section], who is also convicted of a
violation of section 1501 (relating to drivers required to be
licensed), 1543 (relating to driving while operating
privilege is suspended or revoked), 3316 (relating to
prohibiting text-based communications), 3325 (relating to
duty of driver on approach of emergency vehicle) or 3327
(relating to duty of driver in emergency response areas) [and
who is convicted of violating section 3316, 3325 or 3327],
may be sentenced to an additional term not to exceed five
years' confinement [when the violation resulted in death].
(2) The prosecution must indicate intent to proceed
under this section in the indictment or information which
commences the prosecution.
(3) The Pennsylvania Commission on Sentencing, pursuant
to 42 Pa.C.S. § 2154 (relating to adoption of guidelines for
sentencing), shall provide for a sentencing enhancement for
an offense under this section when the violation occurred in
an active work zone or [was the result of a violation of
section] the individual was also convicted of a violation of
section 1501, 1543, 3316, 3325 or 3327.
§ 3732.1. Aggravated assault by vehicle.
* * *
(b) Sentencing.--
(1) In addition to any other penalty provided by law, a
person convicted of a violation of subsection (a) may be
sentenced to an additional term not to exceed two years'
confinement if at trial the prosecution proves beyond a
reasonable doubt that the offense occurred in an active work
zone.
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(2) In addition to any other penalty provided by law, a
person convicted of a violation of subsection (a) [as the
result of a violation of section], who is also convicted of a
violation of section 1501 (relating to drivers required to be
licensed), 1543 (relating to driving while operating
privilege is suspended or revoked), 3316 (relating to
prohibiting text-based communications), 3325 (relating to
duty of driver on approach of emergency vehicle) or 3327
(relating to duty of driver in emergency response areas) [and
who is convicted of violating section 3316, 3325 or 3327],
may be sentenced to an additional term not to exceed two
years' confinement [when the violation resulted in serious
bodily injury].
(3) The prosecution must indicate intent to proceed
under this section in the indictment or information which
commences the prosecution.
(4) The Pennsylvania Commission on Sentencing, under 42
Pa.C.S. § 2154 (relating to adoption of guidelines for
sentencing), shall provide for a sentencing enhancement for
an offense under this section when the violation occurred in
an active work zone or [was the result of a violation of
section] the individual was also convicted of a violation of
section 1501, 1543, 3316, 3325 or 3327.
§ 3735. Homicide by vehicle while driving under influence.
(a) Offense defined.--
(1) 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
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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.]
(2) In addition to any other penalty provided by law, a
person convicted of a violation of paragraph (1) and a
violation of section 1501 (relating to drivers required to be
licensed) or 1543 (relating to driving while operating
privilege is suspended or revoked) when committed at the same
time and place may be sentenced to an additional term under
subsection (b)(2) not to exceed two years' confinement.
(3) A consecutive term of imprisonment under this
subsection shall be imposed for each victim whose death is
the result of the violation of section 3802.
(b) Applicability of sentencing guidelines.--[The]
(1) Subject to paragraph (2), the sentencing guidelines
promulgated by the Pennsylvania Commission on Sentencing
shall not supersede the mandatory penalty of this section.
(2) For a penalty under subsection (a)(2), the
Pennsylvania Commission on Sentencing, pursuant to 42 Pa.C.S.
§ 2154 (relating to adoption of guidelines for sentencing),
shall determine the term of a sentencing enhancement in
addition to the existing mandatory penalty of this section.
Section 2. Section 3735.1 of Title 75 is amended by adding a
subsection to read:
§ 3735.1. Aggravated assault by vehicle while driving under the
influence.
* * *
(a.1) Sentencing.--In addition to any other penalty provided
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by law, a person convicted of a violation of subsection (a) and
a violation of section 1501 (relating to drivers required to be
licensed) or 1543 (relating to driving while operating privilege
is suspended or revoked) when committed at the same time and
place may be sentenced to an additional term not to exceed two
years' confinement.
Section 3. This act shall take effect in 60 days.
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