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PRIOR PRINTER'S NO. 1337
PRINTER'S NO. 1390
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
961
Session of
2017
INTRODUCED BY RAFFERTY, DINNIMAN, MARTIN, SABATINA, TARTAGLIONE,
SCAVELLO, AUMENT AND WARD, NOVEMBER 15, 2017
SENATOR RAFFERTY, TRANSPORTATION, AS AMENDED, DECEMBER 13, 2017
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in miscellaneous provisions relating to operation
of vehicles, further providing for homicide by vehicle while
driving under influence.
AMENDING TITLES 18 (CRIMES AND OFFENSES) AND 75 (VEHICLES) OF
THE PENNSYLVANIA CONSOLIDATED STATUTES, IN CULPABILITY,
FURTHER PROVIDING FOR CAUSAL RELATIONSHIP BETWEEN CONDUCT AND
RESULT; IN CRIMINAL HOMICIDE, FURTHER PROVIDING FOR THE
OFFENSE OF MURDER; 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; AND, IN DRIVING AFTER IMBIBING ALCOHOL
OR UTILIZING DRUGS, FURTHER PROVIDING FOR GRADING.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3735(a) 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
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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:
(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,
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.
(B) An offense under former section 3731
(relating to driving under influence of alcohol or
controlled substance).
(C) An offense which constitutes a felony under
this subchapter.
(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
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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:
(i) Not less than five years if, before sentencing
on the present violation, the person has incurred one or
two convictions, adjudications of delinquency, juvenile
consent decrees, acceptances of Accelerated
Rehabilitative Disposition or other forms of preliminary
disposition for any of the offenses listed under
paragraph (1)(ii)(A), (B), (C), (D) or (E). A consecutive
five-year term of imprisonment shall be imposed for each
victim whose death is the result of a violation of
section 3802.
(ii) Not less than seven years if, before sentencing
on the present violation, the person has incurred at
least three convictions, adjudications of delinquency,
juvenile consent decrees, acceptances of Accelerated
Rehabilitative Disposition or other forms of preliminary
disposition for any of the offenses listed under
paragraph (1)(ii)(A), (B), (C), (D) or (E). A consecutive
seven-year term of imprisonment shall be imposed for each
victim whose death is the result of a violation of
section 3802.
* * *
Section 2. This act shall take effect in 60 days.
SECTION 1. SECTIONS 303(C) AND 2502(C) OF TITLE 18 OF THE
PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED TO READ:
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§ 303. CAUSAL RELATIONSHIP BETWEEN CONDUCT AND RESULT.
* * *
(C) DIVERGENCE BETWEEN PROBABLE AND ACTUAL RESULT.--WHEN
RECKLESSLY OR NEGLIGENTLY CAUSING A PARTICULAR RESULT IS AN
ELEMENT OF AN OFFENSE, THE ELEMENT IS NOT ESTABLISHED IF THE
ACTUAL RESULT IS NOT WITHIN THE RISK OF WHICH THE ACTOR IS AWARE
OR, IN THE CASE OF NEGLIGENCE, OF WHICH HE SHOULD BE AWARE
UNLESS:
(1) THE ACTUAL RESULT DIFFERS FROM THE PROBABLE RESULT
ONLY IN THE RESPECT THAT A DIFFERENT PERSON OR DIFFERENT
PROPERTY IS INJURED OR AFFECTED OR THAT THE PROBABLE INJURY
OR HARM WOULD HAVE BEEN MORE SERIOUS OR MORE EXTENSIVE THAN
THAT CAUSED; [OR]
(2) THE ACTUAL RESULT INVOLVES THE SAME KIND OF INJURY
OR HARM AS THE PROBABLE RESULT AND IS NOT TOO REMOTE OR
ACCIDENTAL IN ITS OCCURRENCE TO HAVE A BEARING ON THE
LIABILITY OF THE ACTOR OR ON THE GRAVITY OF HIS OFFENSE[.];
OR
(3) THE ACTUAL RESULT INVOLVES THE DEATH OF A PERSON
CAUSED BY THE ACTOR COMMITTING AN OFFENSE UNDER SECTION
2502(C)(2) (RELATING TO MURDER), IN WHICH CASE THE ELEMENT OF
RECKLESSLY OR NEGLIGENTLY CAUSING THE DEATH OF THE PERSON
SHALL BE PRESUMED.
* * *
§ 2502. MURDER.
* * *
(C) MURDER OF THE THIRD DEGREE.--
(1) ALL OTHER KINDS OF MURDER SHALL BE MURDER OF THE
THIRD DEGREE. MURDER OF THE THIRD DEGREE IS A FELONY OF THE
FIRST DEGREE.
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(2) THIS SUBSECTION APPLIES TO MURDER OF AN INDIVIDUAL
KILLED AS A RESULT OF AN OFFENSE COMMITTED UNDER 75 PA.C.S. §
3803(A)(3) (RELATING TO GRADING).
* * *
SECTION 2. SECTIONS 3732(B), 3732.1(B) AND 3735(A) OF TITLE
75 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,
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.
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(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.
(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
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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.--[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:
(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,
JUVENILE CONSENT DECREE, ACCEPTANCE OF ACCELERATED
REHABILITATIVE DISPOSITION OR OTHER FORM OF PRELIMINARY
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DISPOSITION FOR ANY OF THE FOLLOWING:
(A) AN OFFENSE UNDER SECTION 3802.
(B) AN OFFENSE UNDER FORMER SECTION 3731
(RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR
CONTROLLED SUBSTANCE).
(C) AN OFFENSE WHICH CONSTITUTES A FELONY UNDER
THIS SUBCHAPTER.
(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:
(I) NOT LESS THAN FIVE YEARS IF, BEFORE SENTENCING
ON THE PRESENT VIOLATION, THE PERSON HAS INCURRED ONE OR
TWO CONVICTIONS, ADJUDICATIONS OF DELINQUENCY, JUVENILE
CONSENT DECREES, ACCEPTANCES OF ACCELERATED
REHABILITATIVE DISPOSITION OR OTHER FORMS OF PRELIMINARY
DISPOSITION FOR ANY OF THE OFFENSES LISTED UNDER
PARAGRAPH (1)(II)(A), (B), (C), (D) OR (E). A CONSECUTIVE
FIVE-YEAR TERM OF IMPRISONMENT SHALL BE IMPOSED FOR EACH
VICTIM WHOSE DEATH IS THE RESULT OF A VIOLATION OF
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SECTION 3802.
(II) NOT LESS THAN SEVEN YEARS IF, BEFORE SENTENCING
ON THE PRESENT VIOLATION, THE PERSON HAS INCURRED AT
LEAST THREE CONVICTIONS, ADJUDICATIONS OF DELINQUENCY,
JUVENILE CONSENT DECREES, ACCEPTANCES OF ACCELERATED
REHABILITATIVE DISPOSITION OR OTHER FORMS OF PRELIMINARY
DISPOSITION FOR ANY OF THE OFFENSES LISTED UNDER
PARAGRAPH (1)(II)(A), (B), (C), (D) OR (E). A CONSECUTIVE
SEVEN-YEAR TERM OF IMPRISONMENT SHALL BE IMPOSED FOR EACH
VICTIM WHOSE DEATH IS THE RESULT OF A VIOLATION OF
SECTION 3802.
* * *
SECTION 3. 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
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 4. SECTION 3803 OF TITLE 75 IS AMENDED TO READ:
§ 3803. GRADING.
(A) BASIC OFFENSES.--EXCEPT AS PROVIDED IN SUBSECTION (B):
(1) AN INDIVIDUAL WHO VIOLATES SECTION 3802(A) (RELATING
TO DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED
SUBSTANCE) AND HAS NO MORE THAN ONE PRIOR OFFENSE COMMITS A
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MISDEMEANOR FOR WHICH THE INDIVIDUAL MAY BE SENTENCED TO A
TERM OF IMPRISONMENT OF NOT MORE THAN SIX MONTHS AND TO PAY A
FINE UNDER SECTION 3804 (RELATING TO PENALTIES).
(2) AN INDIVIDUAL WHO VIOLATES SECTION 3802(A) AND HAS
MORE THAN ONE PRIOR OFFENSE COMMITS A MISDEMEANOR OF THE
SECOND DEGREE[.], UNLESS PARAGRAPH (3) APPLIES.
(3) AN INDIVIDUAL WHO VIOLATES SECTION 3802 AND HAS MORE
THAN TWO PRIOR OFFENSES WITHIN A 10-YEAR PERIOD COMMITS A
FELONY OF THE THIRD DEGREE.
(B) OTHER OFFENSES.--
(1) AN INDIVIDUAL WHO VIOLATES SECTION 3802(A)(1) WHERE
THERE WAS AN ACCIDENT RESULTING IN BODILY INJURY, SERIOUS
BODILY INJURY OR DEATH OF ANY PERSON OR IN DAMAGE TO A
VEHICLE OR OTHER PROPERTY, OR WHO VIOLATES SECTION 3802(B),
(E) OR (F) AND WHO HAS NO MORE THAN ONE PRIOR OFFENSE COMMITS
A MISDEMEANOR FOR WHICH THE INDIVIDUAL MAY BE SENTENCED TO A
TERM OF IMPRISONMENT OF NOT MORE THAN SIX MONTHS AND TO PAY A
FINE UNDER SECTION 3804.
(2) AN INDIVIDUAL WHO VIOLATES SECTION 3802(A)(1) WHERE
THE INDIVIDUAL REFUSED TESTING OF [BLOOD OR] BREATH OR
CHEMICAL TESTING PURSUANT TO A VALID SEARCH WARRANT, COURT
ORDER OR ANY OTHER BASIS PERMISSIBLE BY THE CONSTITUTION OF
THE UNITED STATES AND THE CONSTITUTION OF PENNSYLVANIA, OR
WHO VIOLATES SECTION 3802(C) OR (D) AND WHO HAS NO PRIOR
OFFENSES COMMITS A MISDEMEANOR FOR WHICH THE INDIVIDUAL MAY
BE SENTENCED TO A TERM OF IMPRISONMENT OF NOT MORE THAN SIX
MONTHS AND TO PAY A FINE UNDER SECTION 3804.
(3) AN INDIVIDUAL WHO VIOLATES SECTION 3802(A)(1) WHERE
THERE WAS AN ACCIDENT RESULTING IN BODILY INJURY, SERIOUS
BODILY INJURY OR DEATH OF ANY PERSON OR IN DAMAGE TO A
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VEHICLE OR OTHER PROPERTY, OR WHO VIOLATES SECTION 3802(B),
(E) OR (F) AND WHO HAS MORE THAN ONE PRIOR OFFENSE COMMITS A
MISDEMEANOR OF THE FIRST DEGREE.
(4) AN INDIVIDUAL WHO VIOLATES SECTION 3802(A)(1) WHERE
THE INDIVIDUAL REFUSED TESTING OF [BLOOD OR] BREATH OR
CHEMICAL TESTING PURSUANT TO A VALID SEARCH WARRANT, COURT
ORDER OR ANY OTHER BASIS PERMISSIBLE BY THE CONSTITUTION OF
THE UNITED STATES AND THE CONSTITUTION OF PENNSYLVANIA, OR
WHO VIOLATES SECTION 3802(C) OR (D) AND WHO HAS ONE [OR MORE]
PRIOR OFFENSES COMMITS A MISDEMEANOR OF THE FIRST DEGREE.
(4.1) AN INDIVIDUAL WHO VIOLATES SECTION 3802(A)(1)
WHERE THE INDIVIDUAL REFUSED TESTING OF BREATH OR CHEMICAL
TESTING PURSUANT TO A VALID SEARCH WARRANT, COURT ORDER OR
ANY OTHER BASIS PERMISSIBLE BY THE CONSTITUTION OF THE UNITED
STATES AND THE CONSTITUTION OF PENNSYLVANIA, OR WHO VIOLATES
SECTION 3802(C) OR (D) AND WHO HAS MORE THAN ONE PRIOR
OFFENSE COMMITS A FELONY OF THE THIRD DEGREE.
(5) AN INDIVIDUAL WHO VIOLATES SECTION 3802 WHERE A
MINOR UNDER 18 YEARS OF AGE WAS AN OCCUPANT IN THE VEHICLE
WHEN THE VIOLATION OCCURRED COMMITS A MISDEMEANOR OF THE
FIRST DEGREE.
SECTION 5. THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
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