Bill Text: PA HB78 | 2011-2012 | Regular Session | Amended

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Bill Title: In operation of boats, further providing for operating watercraft under influence of alcohol or controlled substance and for the offense of homicide by watercraft while operating under influence.

Spectrum: Slight Partisan Bill (Republican 30-13)

Status: (Passed) 2011-07-07 - Act No. 33 [HB78 Detail]

Download: Pennsylvania-2011-HB78-Amended.html

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SENATE AMENDED
PRIOR PRINTER'S NOS. 152, 921 PRINTER'S NO. 2241
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 78 Session of2011
INTRODUCED BY BENNINGHOFF, HANNA, STABACK, BARRAR, CONKLIN, D. COSTA, CREIGHTON, CUTLER, FABRIZIO, FLECK, GABLER, GEIST, GILLESPIE, GINGRICH, GROVE, HELM, HENNESSEY, KAUFFMAN, KNOWLES, KORTZ, MARSICO, MILLER, OBERLANDER, O'NEILL, PASHINSKI, PYLE, RAPP, READSHAW, ROAE, ROCK, K. SMITH, STERN, SWANGER, TALLMAN, VULAKOVICH, WATSON, MAHONEY, MURT, HORNAMAN, DENLINGER, DAVIS, MILNE AND CALTAGIRONE, JANUARY 25, 2011
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JUNE 28, 2011
AN ACT
Amending Title 30 (Fish) of the Pennsylvania Consolidated
Statutes, further providing in operation of boats, further <--
providing for operating watercraft under influence of alcohol
or controlled substance and for the offense of homicide by
watercraft while operating under influence.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5502.1(a) of Title 30 of the Pennsylvania <--
Consolidated Statutes is amended to read:
Section 1. Sections 5502(d) and 5502.1(a) of Title 30 of the <--
Pennsylvania Consolidated Statutes are amended to read:
§ 5502. Operating watercraft under influence of alcohol or
controlled substance.
* * *
(d) Subsequent conviction.--Acceptance of Accelerated
Rehabilitative Disposition, an adjudication of delinquency or a
consent decree under 42 Pa.C.S. Ch. 63 or any other form of
preliminary disposition of any charge brought under this section
or a conviction or guilty plea under 75 Pa.C.S. § 3802 (relating
to driving under influence of alcohol or controlled substance)
shall be considered a first conviction for the purpose of
computing whether a subsequent conviction of a violation of this
section shall be considered a second, third or subsequent
conviction.
* * *
§ 5502.1. Homicide by watercraft while operating under
influence.
(a) Offense defined.--Any person who unintentionally causes
the death of another person as the direct result of a violation
of section 5502 (relating to operating watercraft under
influence of alcohol or controlled substance) and who is
convicted of violating section 5502 commits a felony of the
[third] second degree when the violation is the cause of death
and the sentencing court shall order the person 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
5502.
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Section 2. This act shall take effect in 60 days.
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