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Senate of Pennsylvania
Session of 2015 - 2016 Regular Session


Posted: December 19, 2014 11:12 AM
From: Senator Vincent J. Hughes and Sen. Art Haywood
To: All Senate members
Subject: Cosponsor memo #19 – Endangering Welfare of Children/ DUI with a Child in Vehicle
In the near future, we will be reintroducing SB 1233 of the 2013-2014 legislative session. This legislation addresses the issue of a person receiving a DUI with a child in the car. While Pennsylvania’s DUI law (75 Pa.C.S. Ch. 38 ) includes a greater penalty for DUI with a minor in the car, the provisions of 18 Pa.C.S. §4304 (relating to endangering welfare of children), which is often also charged in these cases, do not.

Our legislation would increase the penalty for Endangering Welfare of Children from a first degree misdemeanor to a third degree felony where the conduct giving rise to the charge is driving under the influence. In addition, the Pennsylvania Commission on Sentencing would be required to establish a sentencing enhancement for a conviction under section 4304 where the child suffered serious bodily injury or bodily injury as a result of the violation.

Please join us in cosponsoring this legislation. Previous cosponsors were BREWSTER, FONTANA, STACK, TEPLITZ, FARNESE, WILEY, WILLIAMS, COSTA and VULAKOVICH.

Introduced as SB298