PRINTER'S NO. 1490
No. 1307 Session of 1997
INTRODUCED BY L. I. COHEN, YOUNGBLOOD, WAUGH, BELARDI,
McNAUGHTON, TRELLO, MELIO, LYNCH, ARMSTRONG, MILLER,
VAN HORNE, EGOLF, BATTISTO, TRUE, CIVERA, E. Z. TAYLOR,
BROWNE, BOSCOLA, PETTIT AND LEH, APRIL 15, 1997
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 15, 1997
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further prohibiting homicide by vehicle while
3 driving under influence.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 3735 of Title 75 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 3735. Homicide by vehicle while driving under influence.
9 (a) Offense defined.--Any person who unintentionally causes
10 the death of another person as the result of a violation of
11 section 3731 (relating to driving under influence of alcohol or
12 controlled substance) and who is convicted of violating section
13 3731 is guilty of a felony of the second degree when the
14 violation is the cause of death and the sentencing court shall
15 order the person to serve a minimum term of imprisonment of not
16 less than [three] five years. A separate three-year term of
17 imprisonment shall be imposed for each victim whose death is the
1 direct result of the violation of section 3731.
2 (b) Applicability of sentencing guidelines.--The sentencing
3 guidelines promulgated by the Pennsylvania Commission on
4 Sentencing shall not supersede the mandatory penalty of this
5 section.
6 Section 2. This act shall take effect in 60 days.
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