Current through Pa Acts 2024-53, 2024-56 through 2024-111
Section 3732 - [Effective Until 6/5/2025] Homicide by vehicle(a) Offense.--Any person who recklessly or with gross negligence causes the death of another person while engaged in the violation of any law of this Commonwealth or municipal ordinance applying to the operation or use of a vehicle or to the regulation of traffic except section 3802 (relating to driving under influence of alcohol or controlled substance) is guilty of homicide by vehicle, a felony of the third degree, when the violation is the cause of death. (b) Sentencing.--(1) In addition to any other penalty provided by law, a person convicted of a violation of subsection (a) may be sentenced to an additional term not to exceed five years' confinement if at trial the prosecution proves beyond a reasonable doubt that the offense occurred in an active work zone.(1.1) In addition to any other penalty provided by law, a person convicted of a violation of subsection (a) who is also convicted of a violation of section 1501 (relating to drivers required to be licensed), 1543 (relating to driving while operating privilege is suspended or revoked), 3316 (relating to prohibiting text-based communications), 3325 (relating to duty of driver on approach of emergency vehicle) or 3327 (relating to duty of driver in emergency response areas, and in relation to disabled vehicles) may be sentenced to an additional term not to exceed five years' confinement .(2) The prosecution must indicate intent to proceed under this section in the indictment or information which commences the prosecution.(3) The Pennsylvania Commission on Sentencing, pursuant to 42 Pa.C.S. § 2154 (relating to adoption of guidelines for sentencing), shall provide for a sentencing enhancement for an offense under this section when the violation occurred in an active work zone or the individual was also convicted of a violation of section 1501, 1543, 3316, 3325 or 3327.Amended by P.L. TBD 2020 No. 105, § 1, eff. 4/27/2021.Amended by P.L. TBD 2018 No. 153, § 1, eff. 12/24/2018.Amended by P.L. TBD 2016 No. 165, § 6, eff. 1/3/2017. 1976 , June 17, P.L. 162, No. 81, § 1, effective July 1, 1977. Amended 1982, Dec. 15, P.L. 1268, No. 289, § 10, effective in 30 days; 2000, Dec. 20, P.L. 772, No. 108, § 1, effective in 60 days; 2002, Dec. 23, P.L. 1982, No. 229, § 13, effective in 6 months; 2003, Sept. 30, P.L. 120, No. 24, § 15, effective Feb. 1, 2004; 2010, Oct. 19, P.L. 557, No. 81, § 4, effective in 60 days [Dec. 20, 2010].This section is set out more than once due to postponed, multiple, or conflicting amendments.