THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY ROSS, GEIST, BARRAR, BEYER, BRENNAN, CALTAGIRONE, CRUZ, CUTLER, FABRIZIO, FLECK, GIBBONS, GINGRICH, HENNESSEY, HESS, HICKERNELL, HORNAMAN, MANN, MELIO, MILNE, MUNDY, O'NEILL, READSHAW, REICHLEY, SCAVELLO, SIPTROTH, STERN, VULAKOVICH AND WATSON, FEBRUARY 18, 2009

REFERRED TO COMMITTEE ON TRANSPORTATION, FEBRUARY 18, 2009  

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, further providing for the offense of careless

driving.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 3714 of Title 75 of the Pennsylvania

Consolidated Statutes is amended to read:

§ 3714.  Careless driving.

(a)  General rule.--Any person who drives a vehicle in

careless disregard for the safety of persons or property is

guilty of careless driving, a summary offense.

(b)  Unintentional death.--If the person who violates this

section unintentionally causes the death of another person as a

result of the violation, the person shall, upon conviction, be

sentenced to pay a fine of $500.

(c)  Serious bodily injury.--If the person who violates this

section unintentionally causes the serious bodily injury of

another person as a result of the violation, the person shall,

upon conviction, be sentenced to pay a fine of $250.

(c.1)  Additional penalty for distracted driver.--

(1)  Any person who violates this section and at the time

of the violation is distracted by the use of any electronic,

electrical, mechanical, personal grooming device, food,

drink, book or printed material shall, in addition to any

other penalty imposed, upon conviction, be sentenced to pay a

fine of $50.

(2)  No person shall be convicted under this subsection

unless the person is also convicted under subsection (a) for

a violation which occurred at the same time. No costs as

described under 42 Pa.C.S. § 1725.1 (relating to costs) shall

be imposed for a conviction under this subsection. Conviction

under this subsection shall not constitute a moving

violation.

(c.2)  Civil actions.--

(1)  In no event shall a violation or alleged violation

under subsection (c.1) be:

(i)  used as evidence in a trial of any civil action,

nor shall any jury in a civil action be instructed that

any conduct constitutes or may be interpreted by them to

constitute a violation under subsection (c.1);

(ii)  considered as contributory negligence; or

(iii)  admissible as evidence in the trial of any

civil action.

(2)  This section shall not be construed to impose any

legal obligation upon or impute any civil liability

whatsoever to an owner, employer, manufacturer, dealer or

person engaged in the business of renting or leasing vehicles

to the public to inform the public about the provisions of

subsection (c.1).

(c.3)  Criminal proceedings.--Evidence of a violation under

subsection (c.1) is not admissible as evidence in a criminal

proceeding except in a proceeding for a violation of subsection

(c.1). No criminal proceeding for the crime of homicide by

vehicle shall be brought on the basis of a violation under

subsection (c.1).

(c.4)  Insurance.--An insurer may not charge an insured who

has been convicted under subsection (c.1) a higher premium for a

policy of insurance in whole or in part by reason of that

conviction.

(d)  [Definition.--As used in this section, "serious bodily

injury" means any] Definitions.--As used in this section, the

following words and phrases shall have the meanings given to

them in this subsection:

"Distracted."  Having a person's attention diverted from

operating a vehicle by a radio, recording and playback device,

telephonic device, citizens band radio, television, computer and

any other device.

"Serious bodily injury."  Any bodily injury which creates a

substantial risk of death or which causes serious, permanent

disfigurement or protracted loss or impairment of the function

of any bodily member or organ.

Section 2.  This act shall take effect in 60 days.