(a) Offense defined.-- (1) A 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: (i) is guilty of a felony of the second degree; (ii) is guilty of a felony of the first degree if, before sentencing on the present violation, the person has incurred a conviction, adjudication of delinquency or other form of preliminary disposition for any of the following: (A) An offense under section 3802. (B) An offense under former section 3731 (relating to driving under influence of alcohol or controlled substance). (C) An offense which constitutes a felony under this subchapter. (D) An offense substantially similar to an offense under clause (A), (B) or (C) in another jurisdiction. (E) Any combination of the offenses under clause (A), (B), (C) or (D); or (iii) is guilty of a felony of the first degree if the person convicted of a violation of subsection (a) is also convicted of a violation of section 3802(h)(1). (2) The sentencing court shall order a person convicted under paragraph (1)(i) 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 a violation of section 3802. (3) The sentencing court shall order a person convicted under paragraph (1)(ii) to serve a minimum term of imprisonment of: (i) Not less than five years if, before sentencing on the present violation, the person has one prior conviction, adjudication of delinquency or other form of preliminary disposition for any of the offenses listed under paragraph (1)(ii)(A), (B), (C), (D) or (E). A consecutive five-year term of imprisonment shall be imposed for each victim whose death is the result of a violation of section 3802. (ii) Not less than seven years if, before sentencing on the present violation, the person has incurred a prior conviction for violating section 3802(h)(1) or at least two prior convictions, adjudications of delinquency or other forms of preliminary disposition for any of the offenses listed under paragraph (1)(ii)(A), (B), (C), (D) or (E). A consecutive seven-year term of imprisonment shall be imposed for each victim whose death is the result of a violation of section 3802. (4) The sentencing court shall order a person convicted under paragraph (1)(iii) to serve a minimum term of imprisonment of not less than five years. A consecutive five-year term of imprisonment shall be imposed for each victim whose death is the result of a violation of section 3802(h)(1). (b) Applicability of sentencing guidelines.-- The sentencing guidelines promulgated by the Pennsylvania Commission on Sentencing shall not supersede the mandatory penalty of this section. 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.
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