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.

PRINTER'S NO. 3498
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2589
Session of
2026
INTRODUCED BY ORTITAY, BENNINGHOFF, M. MACKENZIE, KUZMA, JAMES
AND PUGH, JUNE 2, 2026
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 2, 2026
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.
This act may be referred to as the Legacy Law.
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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(5) If a person is convicted under this section and the
offense resulted in the death of a parent or legal guardian
of a child under 18 years of age or a dependent, the
sentencing court shall order the person to pay restitution in
the form of financial support to each of the deceased
victim's minor children or dependents, in accordance with
this paragraph. The following shall apply:
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(i) The sentencing court shall order the defendant
to pay restitution in an amount that is reasonable and
necessary for the financial support of the child or
dependent until:
(A) the child or dependent reaches 18 years of
age; or
(B) the child or dependent reaches 19 years of
age if the child or dependent is pursuing an
accredited course of instruction leading to the
acquisition of a high school diploma or its
equivalent.
(ii) In determining the amount that is reasonable
and necessary for the financial support of the decedent's
child or dependent, the sentencing court shall consider
all relevant factors, including:
(A) The financial needs and resources of the
child or dependent.
(B) The financial needs and resources of the
surviving parent or legal guardian of the child or
dependent.
(C) The child's or dependent's physical and
legal custody arrangements.
(D) If the child or dependent 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 financial resources and
needs incurred regarding the custody of the child.
(E) The standard of living to which the child or
dependent was accustomed to prior to the decedent's
death.
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(F) The physical and emotional condition of the
child or dependent and the child's or dependent's
educational needs.
(G) The reasonable work-related child care
expenses of the surviving parent or legal guardian.
(iii) Restitution shall be paid to the surviving
parent or legal guardian of the child or dependent or the
sentencing court may order that payments made to
financially support the child or dependent be made to the
clerk of court as trustee for remittance to the surviving
parent or legal guardian. The clerk shall remit the
payments to the surviving parent or legal guardian within
10 working days of receipt by the clerk and the clerk
shall deposit all payments no later than the next working
day after receipt.
(iv) If a person who is ordered to pay restitution
to financially support a child or dependent under this
section is incarcerated and unable to pay the required
restitution, the person shall have up to one year after
the release from incarceration to begin payment,
including entering a payment plan to address any
arrearage. If a person's financial support payments are
set to terminate but the person's obligation is not paid
in full, the financial support payments shall continue
until the entire arrearage is paid.
(v) If the surviving parent or legal guardian of the
child or dependent brings a civil action against the
person prior to the sentencing court ordering financial
support payments as restitution and the surviving parent
or legal guardian obtains a judgment in the civil suit,
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no restitution in the form of financial support shall be
ordered under this section.
(vi) If the sentencing court orders the person to
pay restitution in the form of financial support payments
under this section and the surviving parent or legal
guardian subsequently brings a civil action and obtains a
judgment, the financial support restitution order shall
be offset by the amount of the judgment awarded in the
civil action.
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Section 2. This act shall take effect in 60 days.
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