PRINTER'S NO. 1468
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1116
Session of
2024
INTRODUCED BY FLYNN, FONTANA, SANTARSIERO, BOSCOLA, ROTHMAN AND
BROOKS, MARCH 28, 2024
REFERRED TO JUDICIARY, MARCH 28, 2024
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in miscellaneous provisions relating to operation
of vehicles, further providing for 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 18 of the Pennsylvania
Consolidated Statutes is amended by adding a paragraph to read:
§ 3735. Homicide by vehicle while driving under influence.
(a) Offense defined.--
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(4) If the violation under this section resulted in the
death of a parent of a child under 18 years of age, the
sentencing court may order restitution in accordance with
this paragraph. The following apply to each child under 18
years of age of the parent:
(i) Restitution may require the defendant to pay an
amount that is reasonable and necessary for the
maintenance of the child until:
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(A) the child reaches 18 years of age; or
(B) if the child is pursuing an accredited
course of instruction leading to the acquisition of a
high school diploma or its equivalent, the child
reaches 19 years of age.
(ii) Restitution may be paid to the surviving parent
or legal guardian of the child.
(iii) The sentencing court may consider any of the
following factors in determining the amount of
restitution:
(A) The financial needs and resources of the
child.
(B) The financial needs and resources of the
surviving parent or legal guardian of the child.
(C) If the child is in the custody of a county
agency, as defined in 23 Pa.C.S. § 6303(a) (relating
to definitions), or a comparable agency in another
state, the costs incurred regarding the custody of
the child.
(D) The standard of living to which the child is
accustomed.
* * *
Section 2. This act shall take effect in 60 days.
20240SB1116PN1468 - 2 -
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