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					     KErTH J. GILLESPIE, MEMBER                                                                       COMMITIEES
       47'" LEGISLATIVE DISTRICT
                                                                                                      PROFESSIONAL LICENSURE
 o          54-B EAST WING                                                                            GAME & FISHERIES
             PO BOX 2ll2M7                                                                            TOURISM &RECREATIONAL DEVELOPMENT
HARRISBURG, PENNSYlVANIA 17120-2M7
         PHONE: (717) 705"7167                                                                           SUBCOMMITTEE -
          FAX: (717)772·9869                                                                             ARTS &ENTERTAINMENT,
                                                                                                         MINORITY CHAIRMAN
 D         DISTRICT OFFICE:                                                                           INTERGOVERNMENTAL AFFAIRS
       4188 LINCOLN HIGI-IWAY                                                                            SUBCOMMITTEE -
      YORK, PENNSYLVANIA 17406                                                                           FEDERAL STATE RELATIONS,
        PHONE: (717) 840-4711
         FAX: (717) 755-2896                          '}{ouse 0f'Rspresentatives                         MINORITY CHAIRMAN
                                                          COMMONWEALTH OF PENNSYLVANIA
     Email: kgillesp@pahouse(lOp_com                             HARRISBURG
                                                                                                      CAUCUSES

                                                                 February 3, 2009                     SPORTSMENS CAUCUS,
                                                                                                         MINORITY CHAIRMAN
                                                                                                      FIREFIGHTERS & EMERGENCY SERViCES,
                                                                                                         MINORITY CHAIRMAN

                    MEMORANDUM                                                                        MOTORSPORTS




                   To:                  All House Members

                   From:                Representative Keit..h..;,J.F..:fi
                                        548 East Wing        ~


                   Subject:             Title 75 (Vehicle Code) section 3803, relating to grading of DUI Offenses
                                        (Former H82293).


                                 In the near future, I plan   to introduce legislation which amends Title 75 (Vehicle
                   Code), section 3803, relabng to grading of DUI offenses.
                           Currently, homicide by vehicle while driving under the influence is graded as a
                   felony of the second degree when the driver unintentionally causes the death of another
                   while driving under the influence of alcohol or a controlled substance. The statute
                   imposes a mandatory minimum term of imprisonment of not less than three years, with
                   consecutive three year terms imposed for each victim whose death is a result of
                   violation of the DUI statute. A felony of the second degree carries a penalty of up to 10
                   years' imprisonment and up to a $25,000 fine.
                           Under current law, if, after being convicted and sentenced for a violation of the
                   homicide by vehicle while dr"lving under the "Influence statute, the offender is
                   subsequently arrested and charged with a second DUI offense where there was an
                   accident resulting in injury to a person or damage to property, the second offense is
                   graded as a misdemeanor for which the individual may be sentenced to up to 6 months'
                   imprisonment.
                                 My legislation will address this situation by providing that a person who was
                   preViously convicted of homicide by vehicle while driving under the influence and who is
                   convicted of a subsequent DUI offense will be gUilty of a feiony of the third degree. A
                   feiony of the third degree carries a penaity of up to 7 years' imprisonment and up to a
                   $15,000 fine.
                           This legislation is necessary in order to ensure that persons who continue to drink
                   and drive and place the safety of law abiding citizens in jeopardy will have to face the
                   consequences of their actions. If you care to co·sponsor this legislation, please contact
                   Cheryl Gruber at 705-7167 or email cgruber@pahousegop.com. Thank you.

				
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