PRINTER'S NO. 1208
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
839
Session of
2015
INTRODUCED BY SMUCKER, SCAVELLO, RAFFERTY, AUMENT AND HUGHES,
AUGUST 19, 2015
REFERRED TO JUDICIARY, AUGUST 19, 2015
AN ACT
Amending Titles 18 (Crimes and Offenses) and 75 (Vehicles) of
the Pennsylvania Consolidated Statutes, in culpability,
further providing for casual relationship between conduct and
result; in criminal homicide, further providing for the
offense of murder; and, in driving after imbibing alcohol or
utilizing drugs, further providing for grading and for
penalties.
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
or, in the case of negligence, of which he should be aware
unless:
(1) the actual result differs from the probable result
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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) or (4) (relating to grading).
* * *
Section 2. Section 3803(a) of Title 75 is amended to read:
§ 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
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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 commits a misdemeanor of the
second degree, unless paragraph (3) applies.
(3) An individual who violates section 3802(a) and has
more than two prior offenses within a 10-year period commits
a felony of the third degree.
* * *
Section 3. Section 3804(a) of Title 75 is amended and the
section is amended by adding a subsection to read:
§ 3804. Penalties.
(a) General impairment.--Except as set forth in subsection
(a.1), (b) or (c), an individual who violates section 3802(a)
(relating to driving under influence of alcohol or controlled
substance) shall be sentenced as follows:
(1) For a first offense, to:
(i) undergo a mandatory minimum term of six months'
probation;
(ii) pay a fine of $300;
(iii) attend an alcohol highway safety school
approved by the department; and
(iv) comply with all drug and alcohol treatment
requirements imposed under sections 3814 (relating to
drug and alcohol assessments) and 3815 (relating to
mandatory sentencing).
(2) For a second offense, to:
(i) undergo imprisonment for not less than five
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days;
(ii) pay a fine of not less than $300 nor more than
$2,500;
(iii) attend an alcohol highway safety school
approved by the department; and
(iv) comply with all drug and alcohol treatment
requirements imposed under sections 3814 and 3815.
(3) For a third or subsequent offense, to:
(i) undergo imprisonment of not less than ten days;
(ii) pay a fine of not less than $500 nor more than
$5,000; and
(iii) comply with all drug and alcohol treatment
requirements imposed under sections 3814 and 3815.
(a.1) More than two offenses within 10-year period.--An
individual who violates section 3802(a)(4) shall be sentenced
to:
(1) undergo imprisonment of not less than two years nor
more than seven years; and
(2) pay a fine of not more than $15,000.
* * *
Section 4. This act shall take effect in 60 days.
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