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PRIOR PRINTER'S NOS. 1337, 1390
PRINTER'S NO. 1585
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
AS AMENDED ON SECOND CONSIDERATION, MARCH 26, 2018
AN ACT
Amending Titles 18 (Crimes and Offenses) and TITLE 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 LICENSING OF DRIVERS, FURTHER PROVIDING
FOR LEARNER'S PERMITS AND FOR DRIVING WHILE OPERATING
PRIVILEGE IS SUSPENDED OR REVOKED; 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 FOR ACCIDENTS
INVOLVING DEATH OR PERSONAL INJURY WHILE NOT PROPERLY
LICENSED; 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. Sections 303(c) and 2502(c) of Title 18 of the
Pennsylvania Consolidated Statutes are amended to read:
§ 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
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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.
(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 1. Sections 1505(B), 1543(B)(1), 3732(b),
3732.1(b) and 3735(a) of Title 75 OF THE PENNSYLVANIA
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CONSOLIDATED STATUTES are amended to read:
§ 1505. LEARNERS' PERMITS.
* * *
(B) LEARNER MUST BE ACCOMPANIED.--A LEARNER'S PERMIT
ENTITLES THE PERSON TO WHOM IT WAS ISSUED TO DRIVE VEHICLES AND
COMBINATIONS OF VEHICLES OF THE CLASS OR CLASSES SPECIFIED, BUT
ONLY WHILE THE HOLDER OF THE LEARNER'S PERMIT IS ACCOMPANIED BY
AND UNDER THE IMMEDIATE SUPERVISION OF A PERSON WHO:
(1) IS AT LEAST 21 YEARS OF AGE OR, IF THE SPOUSE OF THE
LEARNER'S PERMIT HOLDER, IS AT LEAST 18 YEARS OF AGE; OR, IF
A PARENT, GUARDIAN OR PERSON IN LOCO PARENTIS OF THE
LEARNER'S PERMIT HOLDER, IS AT LEAST 18 YEARS OF AGE;
(2) IS LICENSED TO DRIVE VEHICLES OF THE CLASS THEN
BEING DRIVEN BY THE HOLDER OF THE LEARNER'S PERMIT; [AND]
(3) IS ACTUALLY OCCUPYING A SEAT BESIDE THE HOLDER OF
THE LEARNER'S PERMIT UNLESS THE VEHICLE IS A MOTORCYCLE[.];
AND
(4) IS NOT MANIFESTLY UNDER THE INFLUENCE OF ALCOHOL OR
A CONTROLLED SUBSTANCE, EXCEPT A CONTROLLED SUBSTANCE TAKEN
PURSUANT TO A LAWFUL ORDER OF A PRACTITIONER, TO THE DEGREE
THAT THE PERSON MAY ENDANGER THEMSELVES OR OTHERS.
* * *
§ 1543. DRIVING WHILE OPERATING PRIVILEGE IS SUSPENDED OR
REVOKED.
* * *
(B) CERTAIN OFFENSES.--
(1) THE FOLLOWING SHALL APPLY:
(I) A PERSON WHO DRIVES A MOTOR VEHICLE ON A HIGHWAY
OR TRAFFICWAY OF THIS COMMONWEALTH AT A TIME WHEN THE
PERSON'S OPERATING PRIVILEGE IS SUSPENDED OR REVOKED AS A
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CONDITION OF ACCEPTANCE OF ACCELERATED REHABILITATIVE
DISPOSITION FOR A VIOLATION OF SECTION 3802 (RELATING TO
DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED
SUBSTANCE) OR THE FORMER SECTION 3731, BECAUSE OF A
VIOLATION OF SECTION 1547(B)(1) (RELATING TO SUSPENSION
FOR REFUSAL) OR 3802 OR FORMER SECTION 3731 OR IS
SUSPENDED UNDER SECTION 1581 (RELATING TO DRIVER'S
LICENSE COMPACT) FOR AN OFFENSE SUBSTANTIALLY SIMILAR TO
A VIOLATION OF SECTION 3802 OR FORMER SECTION 3731 SHALL,
UPON A FIRST CONVICTION, BE GUILTY OF A SUMMARY OFFENSE
AND SHALL BE SENTENCED TO PAY A FINE OF $500 AND TO
UNDERGO IMPRISONMENT FOR A PERIOD OF NOT LESS THAN 60
DAYS NOR MORE THAN 90 DAYS.
(II) A SECOND VIOLATION OF THIS PARAGRAPH SHALL
CONSTITUTE A SUMMARY OFFENSE AND, UPON CONVICTION OF THIS
PARAGRAPH, A PERSON SHALL BE SENTENCED TO PAY A FINE OF
$1,000 AND TO UNDERGO IMPRISONMENT FOR NOT LESS THAN 90
DAYS.
(III) A THIRD OR SUBSEQUENT VIOLATION OF THIS
PARAGRAPH SHALL CONSTITUTE A MISDEMEANOR OF THE THIRD
DEGREE AND, UPON CONVICTION OF THIS PARAGRAPH, A PERSON
SHALL BE SENTENCED TO PAY A FINE OF $2,500 AND TO UNDERGO
IMPRISONMENT FOR NOT LESS THAN SIX MONTHS.
* * *
§ 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'
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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.
(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
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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
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
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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
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).
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(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 ONE PRIOR
CONVICTION, ADJUDICATION OF DELINQUENCY, JUVENILE CONSENT
DECREE, ACCEPTANCE OF ACCELERATED REHABILITATIVE
DISPOSITION OR OTHER FORM 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 TWO PRIOR 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
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violation of section 3802.
* * *
Section 3 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
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:
SECTION 3. SECTIONS 3742.1 AND 3803 OF TITLE 75 ARE AMENDED
TO READ:
§ 3742.1. ACCIDENTS INVOLVING DEATH OR PERSONAL INJURY WHILE
NOT PROPERLY LICENSED.
(A) OFFENSE DEFINED.--A PERSON WHOSE OPERATING PRIVILEGE WAS
DISQUALIFIED, CANCELED, RECALLED, REVOKED OR SUSPENDED AND NOT
RESTORED OR WHO DOES NOT HOLD A VALID DRIVER'S LICENSE AND
APPLICABLE ENDORSEMENTS FOR THE TYPE AND CLASS OF VEHICLE BEING
OPERATED COMMITS AN OFFENSE UNDER THIS SECTION IF THE PERSON WAS
THE DRIVER OF ANY VEHICLE AND [CAUSED AN ACCIDENT RESULTING IN
INJURY OR DEATH OF ANY PERSON.]:
(1) CAUSED AN ACCIDENT RESULTING IN INJURY OR DEATH OF A
PERSON; OR
(2) WAS INVOLVED IN AN ACCIDENT RESULTING IN INJURY OR
DEATH OF A PERSON.
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(B) PENALTIES.--
(1) EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, ANY
PERSON VIOLATING SUBSECTION [(A)] (A)(1) COMMITS A
MISDEMEANOR OF THE SECOND DEGREE.
(2) IF THE VICTIM SUFFERS SERIOUS BODILY INJURY OR DEATH, ANY
PERSON VIOLATING SUBSECTION [(A)] (A)(1) COMMITS A FELONY OF THE
THIRD DEGREE.
(2.1) A PERSON VIOLATING SUBSECTION (A)(2) RESULTING IN
THE SERIOUS BODILY INJURY OF A PERSON COMMITS A MISDEMEANOR
OF THE THIRD DEGREE.
(2.2) A PERSON VIOLATING SUBSECTION (A)(2) RESULTING IN
THE DEATH OF A PERSON COMMITS A MISDEMEANOR OF THE SECOND
DEGREE.
(3) ANY MOTOR VEHICLE, AS DEFINED IN SECTION 102
(RELATING TO DEFINITIONS), USED IN THE COMMISSION OF AN
OFFENSE UNDER THIS SECTION MAY BE DEEMED CONTRABAND AND
FORFEITED IN ACCORDANCE WITH THE PROVISIONS SET FORTH IN 18
PA.C.S. § 6501(D) (RELATING TO SCATTERING RUBBISH).
§ 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
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] TWO PRIOR OFFENSES commits a
misdemeanor of the second degree[.], unless paragraph (3)
applies.
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(3) An individual who violates section 3802 and has more
than two prior offenses within a 10-year period THREE OR MORE
PRIOR OFFENSES OR HAS PREVIOUSLY BEEN CONVICTED OF A
VIOLATION OF SECTION 3735 (RELATING TO HOMICIDE BY VEHICLE
WHILE DRIVING UNDER INFLUENCE) 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
vehicle or other property, or who violates section 3802(b),
(e) or (f) and who has [more than one prior offense] TWO
PRIOR OFFENSES commits a misdemeanor of the first degree.
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(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] OFFENSE 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 TWO OR MORE PRIOR OFFENSES 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 4. This act shall take effect in 60 days.
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