PRINTER'S NO. 381
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
408
Session of
2021
INTRODUCED BY GALLOWAY, FEBRUARY 4, 2021
REFERRED TO COMMITTEE ON TRANSPORTATION, FEBRUARY 4, 2021
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in miscellaneous provisions, further providing for
the offenses of homicide by vehicle while driving under
influence and for aggravated assault by vehicle while driving
under the influence.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 3735(a)(1) and 3735.1(a) of Title 75 of
the Pennsylvania Consolidated Statutes are amended to read:
§ 3735. Homicide by vehicle while driving under influence.
(a) Offense defined.--
(1) A 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:
(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
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Rehabilitative Disposition or other form of preliminary
disposition for any of the following:
(A) An offense under section 3802.
(B) An offense under former section 3731
(relating to driving under influence of alcohol or
controlled substance).
(C) An offense which constitutes a felony under
this subchapter.
(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).
(iii) is guilty of a misdemeanor of the second
degree when the violation is not the cause of death, and
the sentencing court shall impose a fine of not more than
$5,000.
* * *
§ 3735.1. Aggravated assault by vehicle while driving under the
influence.
(a) Offense defined.--Any person who negligently causes
serious bodily injury to 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 commits [a]:
(1) A felony of the second degree when the violation is
the cause of the injury.
(2) A misdemeanor of the second degree when the
violation is not the cause of the injury and the sentencing
court shall impose a fine of not more than $2,500.
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* * *
Section 2. This act shall take effect in 60 days.
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