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, 2004) 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).