HB 2495 — An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in miscellaneous provisions relating to operation of vehicles, further providing for the offense of homicide by vehicle while driving under influence.

PRINTER'S NO.   3380

                       THE GENERAL ASSEMBLY OF PENNSYLVANIA



                              HOUSE BILL
                              No. 2495
                                                     Session of
                                                       2026

     INTRODUCED BY LABS, O'NEAL, M. MACKENZIE, KUZMA, CIRESI, WALLEN,
        HANBIDGE, BERNSTINE, McNEILL, RIVERA, DALEY, HEFFLEY AND
        MARCELL, MAY 7, 2026

     REFERRED TO COMMITTEE ON JUDICIARY, MAY 8, 2026


                                          AN ACT
 1   Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
 2      Statutes, in miscellaneous provisions relating to operation
 3      of vehicles, further providing for the offense of homicide by
 4      vehicle while driving under influence.
 5      The General Assembly of the Commonwealth of Pennsylvania
 6   hereby enacts as follows:
 7      Section 1.          Section 3735(a) of Title 75 of the Pennsylvania
 8   Consolidated Statutes is amended to read:
 9   § 3735.    Homicide by vehicle while driving under influence.
10      (a)    Offense defined.--
11             [(1)    A person who unintentionally causes the death of
12      another person as the result of a violation of section 3802
13      (relating to driving under influence of alcohol or controlled
14      substance) and who is convicted of violating section 3802:
15                    (i)    is guilty of a felony of the second degree;
16                    (ii)    is guilty of a felony of the first degree if,
17             before sentencing on the present violation, the person
18             has incurred a conviction, adjudication of delinquency or
 1        other form of preliminary disposition for any of the
 2        following:
 3                   (A)   An offense under section 3802.
 4                   (B)   An offense under former section 3731
 5               (relating to driving under influence of alcohol or
 6               controlled substance).
 7                   (C)   An offense which constitutes a felony under
 8               this subchapter.
 9                   (D)   An offense substantially similar to an
10               offense under clause (A), (B) or (C) in another
11               jurisdiction.
12                   (E)   Any combination of the offenses under clause
13               (A), (B), (C) or (D); or
14               (iii)   is guilty of a felony of the first degree if
15        the person convicted of a violation of subsection (a) is
16        also convicted of a violation of section 3802(h)(1).]
17        (1.1)     A person who unintentionally causes the death of
18    another person as the result of a violation of section 3802
19    (relating to driving under influence of alcohol or controlled
20    substance) and who is convicted of violating section 3802 is
21    guilty of a felony of the first degree.
22        [(2)    The sentencing court shall order a person convicted
23    under paragraph (1)(i) to serve a minimum term of
24    imprisonment of not less than three years. A consecutive
25    three-year term of imprisonment shall be imposed for each
26    victim whose death is the result of a violation of section
27    3802.]
28        (2.1)     Except as provided in paragraphs (3), (5) and (6),
29    the sentencing court shall order a person convicted under
30    paragraph (1.1) to serve a minimum term of imprisonment of

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 1    not less than five years. A consecutive five-year term of
 2    imprisonment shall be imposed for each victim whose death is
 3    the result of a violation of section 3802.
 4        (3)   [The] Subject to paragraph (5), the sentencing court
 5    shall order a person convicted under paragraph [(1)(ii)]
 6    (1.1) to serve a minimum term of imprisonment of:
 7              (i)    Not less than [five] seven years if, before
 8        sentencing on the present violation, the person has one
 9        prior conviction, adjudication of delinquency or other
10        form of preliminary disposition for any of the [offenses
11        listed under paragraph (1)(ii)(A), (B), (C), (D) or (E).
12        A consecutive five-year term of imprisonment shall be
13        imposed for each victim whose death is the result of a
14        violation of section 3802.] following offenses:
15                     (A)   An offense under section 3802.
16                     (B)   An offense under former section 3731
17              (relating to driving under influence of alcohol or
18              controlled substance).
19                     (C)   An offense which constitutes a felony under
20              this subchapter.
21                     (D)   An offense substantially similar to an
22              offense under clause (A), (B) or (C) in another
23              jurisdiction.
24                     (E)   Any combination of the offenses under clause
25              (A), (B), (C) or (D).
26              (ii)    Not less than seven years if, [before
27        sentencing on the present violation, the person has
28        incurred a prior conviction for violating section 3802(h)
29        (1) or at least two prior convictions, adjudications of
30        delinquency or other forms of preliminary disposition for

20260HB2495PN3380                     - 3 -
 1        any of the offenses listed under paragraph (1)(ii)(A),
 2        (B), (C), (D) or (E). A consecutive seven-year term of
 3        imprisonment shall be imposed for each victim whose death
 4        is the result of a violation of section 3802.] during the
 5        commission of the offense, the person does any of the
 6        following:
 7                   (A)     Commits a violation of section 3802(c), (d)
 8               or (h)(1).
 9                   (B)     Commits a violation of section 3733
10               (relating to fleeing or attempting to elude police
11               officer).
12                   (C)     Has a minor passenger in the vehicle.
13        [(4)    The sentencing court shall order a person convicted
14    under paragraph (1)(iii) to serve a minimum term of
15    imprisonment of not less than five years. A consecutive five-
16    year term of imprisonment shall be imposed for each victim
17    whose death is the result of a violation of section 3802(h)
18    (1).]
19        (5)    For a conviction under paragraph (3), a consecutive
20    seven-year term of imprisonment shall be imposed for each
21    victim whose death is the result of a violation of section
22    3802.
23        (6)    The sentencing court shall order a person convicted
24    under paragraph (1.1) to serve a minimum term of imprisonment
25    of not less than 10 years if, before sentencing on the
26    present violation, the person has incurred a prior conviction
27    for violating section 3802(h)(1) or at least two prior
28    convictions, adjudications of delinquency or other forms of
29    preliminary disposition for any of the offenses listed under
30    paragraph (3)(i)(A), (B), (C), (D) or (E). A consecutive 10-

20260HB2495PN3380                     - 4 -
1     year term of imprisonment shall be imposed for each victim
2     whose death is the result of a violation of section 3802.
3     * * *
4     Section 2.    This act shall take effect in 60 days.




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