Trial Engrossment of Amendment A01391 to House Bill 1049 P.N. 1221, Regular Session 2017-2018

A01391

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1049

Session of

2017

INTRODUCED BY HAHN, PEIFER, PHILLIPS-HILL, PICKETT, KNOWLES,

MILLARD, READSHAW, RYAN, NEILSON, ZIMMERMAN, D. COSTA, WARD,

WHEELAND, GILLEN, HICKERNELL, A. HARRIS, KORTZ, EVERETT AND

KAUFFMAN, APRIL 3, 2017

REFERRED TO COMMITTEE ON TRANSPORTATION, APRIL 3, 2017

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, in licensing of drivers, further providing for

driving while operating privilege is suspended or revoked.;

and, in miscellaneous provisions, further providing for

homicide by vehicle while driving under influence.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 1543(b)(1) of Title 75 of the

Pennsylvania Consolidated Statutes is amended to read:

Section 1. Sections 1543(b)(1) and 3735 of Title 75 of the

Pennsylvania Consolidated Statutes are amended to read:

§ 1543. Driving while operating privilege is suspended or

revoked.

* * *

(b) Certain offenses.--

(1) (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 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 thereof

the person shall be sentenced to pay a fine of $1,000 and

to undergo imprisonment for not less than 90 days.

(iii) A third violation of this paragraph shall

constitute a misdemeanor of the third degree, and upon

conviction thereof the person shall be sentenced to pay a

fine of $2,500 and to undergo imprisonment for not less

than six months.

(iv) A fourth or subsequent violation of this

paragraph shall constitute a misdemeanor of the first

degree, and upon conviction thereof the person shall be

sentenced to pay a fine of $5,000 and to undergo

imprisonment for not less than two years.

* * *

§ 3735. Homicide by vehicle while driving under influence.

(a) Offense defined.--

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(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

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.

(2) In addition to any other penalty provided by law, a

person convicted of a violation of paragraph (1) as the

result of a violation of section 1501 (relating to drivers

required to be licensed) or 1543 (relating to driving while

operating privilege is suspended or revoked) and who is

convicted of violating section 1501 or 1543 may be sentenced

to an additional term under subsection (b)(2) not to exceed

two years' confinement when the violation resulted in death.

(3) A consecutive [three-year] 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

sentencing guidelines promulgated by the commission shall

determine the term of a sentencing enhancement in addition to

the existing mandatory penalty of this section.

Section 2. The amendment of 75 Pa.C.S. § 3735 shall apply to

offenses committed on or after the effective date of this

section.

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