2010 Pennsylvania Code
Title 75 - VEHICLES
Chapter 37 - Miscellaneous Provisions
3732 - Homicide by vehicle.

     § 3732.  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 as defined in section 102 (relating to definitions).
            (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 as defined in section 102.
     (Dec. 15, 1982, P.L.1268, No.289, eff. 30 days; Dec. 20, 2000,
     P.L.772, No.108, eff. 60 days; Dec. 23, 2002, P.L.1982, No.229,
     eff. 6 months; Sept. 30, 2003, P.L.120, No.24, eff. Feb. 1,

        2003 Amendment.  Act 24 amended subsec. (a).
        2002 Amendment.  See section 21 of Act 229 in the appendix to
     this title for special provisions relating to promulgation of
     guidelines to implement Act 229.
        Cross References.  Section 3732 is referred to in sections
     1532, 1541, 1553, 1554, 1611 of this title; section 5551 of
     Title 42 (Judiciary and Judicial Procedure).

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