PRINTER'S NO. 98
No. 114 Session of 2001
INTRODUCED BY ORIE, HENNESSEY, GEIST, THOMAS, YOUNGBLOOD,
CAPPELLI, PHILLIPS, GRUCELA, SHANER, BELFANTI, DALEY,
PRESTON, S. MILLER, EGOLF, E. Z. TAYLOR, SOLOBAY, ROHRER,
SATHER, KENNEY, McNAUGHTON, CIVERA, MELIO, STERN, CLYMER,
R. MILLER, PISTELLA AND PETRARCA, JANUARY 23, 2001
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 23, 2001
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for homicide by vehicle while
3 driving under the influence and for aggravated assault by
4 vehicle while driving under the influence.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Sections 3735 and 3735.1 of Title 75 of the
8 Pennsylvania Consolidated Statutes are amended to read:
9 § 3735. Homicide by vehicle while driving under influence.
10 (a) Offense defined.--Any person who unintentionally causes
11 the death of another person, including, but not limited to, an
12 unborn child as defined in 18 Pa.C.S. § 3203 (relating to
13 definitions), as the result of a violation of section 3731
14 (relating to driving under influence of alcohol or controlled
15 substance) and who is convicted of violating section 3731 is
16 guilty of a felony of the second degree when the violation is
17 the cause of death and the sentencing court shall order the
1 person to serve a minimum term of imprisonment of not less than
2 three years. A consecutive three-year term of imprisonment shall
3 be imposed for each victim whose death is the result of the
4 violation of section 3731.
5 (b) Applicability of sentencing guidelines.--The sentencing
6 guidelines promulgated by the Pennsylvania Commission on
7 Sentencing shall not supersede the mandatory penalty of this
8 section.
9 § 3735.1. Aggravated assault by vehicle while driving under the
10 influence.
11 (a) Offense defined.--Any person who negligently causes
12 serious bodily injury to another person, including, but not
13 limited to, an unborn child, as the result of a violation of
14 section 3731 (relating to driving under influence of alcohol or
15 controlled substance) and who is convicted of violating section
16 3731 commits a felony of the second degree when the violation is
17 the cause of the injury.
18 [(b) Definition.--As used in this section, the term "serious
19 bodily injury" means any bodily injury which creates a
20 substantial risk of death or which causes serious, permanent
21 disfigurement or protracted loss or impairment of the function
22 of any bodily member or organ.]
23 (b) Definitions.--As used in this section, the following
24 words and phrases shall have the meanings given to them in this
25 subsection:
26 "Serious bodily injury." Any bodily injury which creates a
27 substantial risk of death or which causes serious, permanent
28 disfigurement or protracted loss or impairment of the function
29 of any bodily member or organ.
30 "Unborn child." This phrase shall have the same meaning
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1 given to it under 18 Pa.C.S. § 3203 (relating to definitions).
2 Section 2. This act shall take effect in 60 days.
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