PRINTER'S NO. 1521
No. 1207 Session of 2001
INTRODUCED BY MELLOW AND HELFRICK, NOVEMBER 13, 2001
REFERRED TO JUDICIARY, NOVEMBER 13, 2001
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for homicide by vehicle and for
3 homicide by vehicle while driving under influence.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 3732 of Title 75 of the Pennsylvania
7 Consolidated Statutes, amended December 20, 2000 (P.L.772,
8 No.108), is amended to read:
9 § 3732. Homicide by vehicle.
10 (a) Offense defined.--Any person who recklessly or with
11 gross negligence causes the death of another person while
12 engaged in the violation of any law of this Commonwealth or
13 municipal ordinance applying to the operation or use of a
14 vehicle or to the regulation of traffic except section 3731
15 (relating to driving under influence of alcohol or controlled
16 substance) is guilty of homicide by vehicle, a felony of the
17 third degree, when the violation is the cause of death.
18 (b) Definition.--As used in this section, the term "person"
1 shall include, but is not limited to, an unborn child as defined
2 in 18 Pa.C.S. § 3203 (relating to definitions).
3 Section 2. Section 3735 of Title 75 is amended to read:
4 § 3735. Homicide by vehicle while driving under influence.
5 (a) Offense defined.--Any person who unintentionally causes
6 the death of another person as the result of a violation of
7 section 3731 (relating to driving under influence of alcohol or
8 controlled substance) and who is convicted of violating section
9 3731 is guilty of a felony of the second degree when the
10 violation is the cause of death and the sentencing court shall
11 order the person to serve a minimum term of imprisonment of not
12 less than three years. A consecutive [three-year] minimum term
13 of imprisonment of not less than three years shall be imposed
14 for each victim whose death is the result of the violation of
15 section 3731.
16 (b) Applicability of sentencing guidelines.--The sentencing
17 guidelines promulgated by the Pennsylvania Commission on
18 Sentencing shall not supersede the mandatory penalty of this
19 section.
20 (c) Definition.--As used in this section, the term "person"
21 shall include, but is not limited to, an unborn child as defined
22 in 18 Pa.C.S. § 3203 (relating to definitions).
23 Section 3. This act shall take effect in 60 days.
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