Amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, 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 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 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) 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 if the violation is the cause of death:

(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 3802(a), (b), (c), (d) or (f).

(B) An offense under former section 3731 3731(a)(1), (2), (3) or (4)(i) (relating to driving under influence of alcohol or controlled substance).

(C) An offense which constitutes a felony under Ch. 37, Subch. B (relating to serious traffic offenses).

(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 not less than five years. A consecutive five- 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.