Pennsylvania HB 2495: An Act providing for COVID-19 large employer emergency paid sick leave.

Bill Text

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
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.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3735(a) of Title 75 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 3735. Homicide by vehicle while driving under influence.
(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
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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).]
(1.1) 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 is
guilty of a felony of the first degree.
[(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.]
(2.1) Except as provided in paragraphs (3), (5) and (6),
the sentencing court shall order a person convicted under
paragraph (1.1) to serve a minimum term of imprisonment of
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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.
(3) [The] Subject to paragraph (5), the sentencing court
shall order a person convicted under paragraph [(1)(ii)]
(1.1) to serve a minimum term of imprisonment of:
(i) Not less than [five] seven 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.] following offenses:
(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).
(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
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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.] during the
commission of the offense, the person does any of the
following:
(A) Commits a violation of section 3802(c), (d)
or (h)(1).
(B) Commits a violation of section 3733
(relating to fleeing or attempting to elude police
officer).
(C) Has a minor passenger in the vehicle.
[(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