1Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2Statutes, further providing for homicide by vehicle while
3driving under influence.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Section 3735(a) of Title 75 of the Pennsylvania
7Consolidated Statutes is amended to read:

8§ 3735. Homicide by vehicle while driving under influence.

9(a) Offense defined.--[Any person who unintentionally causes
10the death of another person as the result of a violation of
11section 3802 (relating to driving under influence of alcohol or
12controlled substance) and who is convicted of violating section
133802 is guilty of a felony of the second degree when the
14violation is the cause of death and the sentencing court shall
15order the person to serve a minimum term of imprisonment of not
16less than three years. A consecutive three-year term of
17imprisonment shall be imposed for each victim whose death is the
18result of the violation of section 3802.]

1(1) Any person who unintentionally causes the death of
2another person as the result of a violation of section 3802
3(relating to driving under influence of alcohol or controlled
4substance) and who is convicted of violating section 3802 if
5the violation is the cause of death:

6(i) is guilty of a felony of the second degree; or

7(ii) is guilty of a felony of the first degree if,
8before sentencing on the present violation, the person
9has incurred a conviction, adjudication of delinquency,
10juvenile consent decree, acceptance of accelerated
11rehabilitative disposition or other form of preliminary
12disposition for any of the following:

13(A) An offense under section 3802.

14(B) An offense under former section 3731
15(relating to driving under influence of alcohol or
16controlled substance).

17(C) An offense which constitutes a felony under
18Ch. 37 Subch. B (relating to serious traffic
19offenses).

20(D) An offense substantially similar to an
21offense under clause (A), (B) or (C) in another
22jurisdiction.

23(E) Any combination of the offenses under clause
24(A), (B), (C) or (D).

25(2) The sentencing court shall order a person convicted
26under paragraph (1)(i) to serve a minimum term of
27imprisonment of not less than three years. A consecutive
28three-year term of imprisonment shall be imposed for each
29victim whose death is the result of a violation of section
303802.

1(3) The sentencing court shall order a person convicted
2under paragraph (1)(ii) to serve a minimum term of
3imprisonment of:

4(i) Not less than five years if, before sentencing 
5on the present violation, the person has incurred one or
6two convictions, adjudications of delinquency, juvenile 
7consent decrees, acceptances of accelerated 
8rehabilitative disposition or other forms of preliminary 
9disposition for any of the offenses listed under
10paragraph (1)(ii)(A), (B), (C), (D) or (E). A consecutive 
11five-year term of imprisonment shall be imposed for each 
12victim whose death is the result of a violation of 
13section 3802.

14(ii) Not less than seven years if, before sentencing
15on the present violation, the person has incurred at
16least three convictions, adjudications of delinquency,
17juvenile consent decrees, acceptances of accelerated
18rehabilitative disposition or other forms of preliminary
19disposition for any of the offenses listed under
20paragraph (1)(ii)(A), (B), (C), (D) or (E). A consecutive
21seven-year term of imprisonment shall be imposed for each
22victim whose death is the result of a violation of
23section 3802.

24* * *

25Section 2. This act shall take effect in 60 days.