THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY D. WHITE, RAFFERTY, LOGAN, HUGHES, O'PAKE, ORIE, FOLMER, TARTAGLIONE, CORMAN, WARD AND WOZNIAK, JULY 23, 2009

REFERRED TO TRANSPORTATION, JULY 23, 2009  

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, further providing for accidents involving death or

personal injury and for subsequent convictions of certain

offenses.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 3742 and 6503(a) of Title 75 of the

Pennsylvania Consolidated Statutes are amended to read:

§ 3742.  Accidents involving death or personal injury.

(a)  General rule.--The driver of any vehicle involved in an

accident resulting in injury or death of any person shall

immediately stop the vehicle at the scene of the accident or as

close thereto as possible but shall then forthwith return to and

in every event shall remain at the scene of the accident until

he has fulfilled the requirements of section 3744 (relating to

duty to give information and render aid). Every stop shall be

made without obstructing traffic more than is necessary.

(b)  Penalties.--

(1)  Except as otherwise provided in this section, any

person violating this section commits a misdemeanor of the

first degree.

(2)  If the victim suffers serious bodily injury, any

person violating subsection (a) commits a felony of the third

degree, and the sentencing court shall order the person to

serve a minimum term of imprisonment of not less than 90 days

and a mandatory minimum fine of $1,000, notwithstanding any

other provision of law. An additional fine and term of

imprisonment under this paragraph shall be imposed for each

victim.

(3)  If the victim dies, any person violating subsection

(a) commits a felony of the [third] second degree, and the

sentencing court shall order the person to serve a minimum

term of imprisonment of not less than one year and a

mandatory minimum fine of $2,500, notwithstanding any other

provision of law. An additional fine and term of imprisonment

under this paragraph shall be imposed for each victim.

(b.1)  Enhanced penalties.--

(1)  Except as otherwise provided in this subsection, any

person violating this section concurrently with a violation

of section 3802 (relating to driving under influence of

alcohol or controlled substance) and who is convicted of

violating section 3802 commits a felony of the third degree.

(2)  If the victim suffers serious bodily injury, any

person violating subsection (a) concurrently with a violation

of section 3802 and who is convicted of violating section

3802 commits a felony of the second degree, and the

sentencing court shall order the person to serve a minimum

term of imprisonment of not less than one year and to pay a

mandatory fine of $2,500, notwithstanding any other provision

of law. An additional fine and term of imprisonment under

this paragraph shall be imposed for each victim.

(3)  If the victim dies, any person violating subsection

(a) concurrently with a violation of section 3802 and who is

convicted of violating section 3802 commits a felony of the

second degree, and the sentencing court shall order the

person to serve a minimum term of imprisonment of not less

than three years and to pay a mandatory fine of $5,000,

notwithstanding any other provision of law. An additional

fine and term of imprisonment under this paragraph shall be

imposed for each victim.

(c)  Authority of sentencing court.--There shall be no

authority in any court to impose on an offender to which this

section is applicable any lesser sentence than provided for in

subsection (b)(2) or (3) or (b.1)(2) or (3) or to place such

offender on probation or to suspend sentence. Sentencing

guidelines promulgated by the Pennsylvania Commission on

Sentencing shall not supersede the mandatory sentences provided

in this section.

(d)  Definitions.--As used in this section, the term "serious

bodily injury" means 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.

§ 6503.  Subsequent convictions of certain offenses.

(a)  General offenses.--Every person convicted of a second or

subsequent violation of any of the following provisions shall be

sentenced to pay a fine of not less than $200 nor more than

$1,000 or to imprisonment for not more than six months, or both:

Section 1543(a) (relating to driving while operating

privilege is suspended or revoked) except as set forth in

subsection (a.1).

Section 3367 (relating to racing on highways).

[Section 3733 (relating to fleeing or attempting to elude

police officer).]

Section 3734 (relating to driving without lights to avoid

identification or arrest).

Section 3748 (relating to false reports).

* * *

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