2010 Pennsylvania Code
Title 75 - VEHICLES
Chapter 37 - Miscellaneous Provisions
3735 - Homicide by vehicle while driving under influence.

     § 3735.  Homicide by vehicle while driving under influence.
        (a)  Offense defined.--Any person who unintentionally causes
     the death of another person as the result of a violation of
     section 3802 (relating to driving under influence of alcohol or
     controlled substance) and who is convicted of violating section
     3802 is guilty of a felony of the second degree when the
     violation is the cause of death and the sentencing court shall
     order the person to serve a minimum term of imprisonment of not
     less than three years. A consecutive three-year term of
     imprisonment shall be imposed for each victim whose death is the
     result of the violation of section 3802.
        (b)  Applicability of sentencing guidelines.--The sentencing
     guidelines promulgated by the Pennsylvania Commission on
     Sentencing shall not supersede the mandatory penalty of this
     section.
     (Dec. 15, 1982, P.L.1268, No.289, eff. 30 days; Feb. 23, 1996,
     P.L.21, No.8, eff. 60 days; July 11, 1996, P.L.660, No.115, eff.
     60 days; Dec. 21, 1998, P.L.1126, No.151, eff. 60 days; Sept.
     30, 2003, P.L.120, No.24, eff. Feb. 1, 2004)

        2003 Amendment.  Act 24 amended subsec. (a).
        1996 Amendments.  Act 115 overlooked the amendment by Act 8,
     but the amendments do not conflict in substance and have both
     been given effect in setting forth the text of section 3735.
        Cross References.  Section 3735 is referred to in sections
     1532, 1541, 1553, 1554, 1575 of this title; sections 1725.3,
     1725.5 of Title 42 (Judiciary and Judicial Procedure).