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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY FARNESE, KITCHEN, FONTANA, LEACH, BREWSTER, BOSCOLA, STACK, WOZNIAK AND BROWNE, MARCH 28, 2011 |
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| REFERRED TO JUDICIARY, MARCH 28, 2011 |
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| AN ACT |
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1 | Amending Title 75 (Vehicles) of the Pennsylvania Consolidated |
2 | Statutes, in serious traffic offenses, providing for the |
3 | offense of aggravated assault by vehicle. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Title 75 of the Pennsylvania Consolidated |
7 | Statutes is amended by adding a section to read: |
8 | § 3732.2 Aggravated assault by vehicle. |
9 | (a) Offense.-–Any person who recklessly or with gross |
10 | negligence causes serious bodily injury to another person while |
11 | engaged in the violation of any law of this Commonwealth or |
12 | municipal ordinance applying to the operation or use of a |
13 | vehicle or to the regulation of traffic except section 3802 |
14 | (relating to driving under influence of alcohol or controlled |
15 | substance) is guilty of aggravated assault by vehicle, a felony |
16 | of the third degree, when the violation is the cause of injury. |
17 | (b) Sentencing.—- |
18 | (1) In addition to any other penalty provided by law, a |
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1 | person convicted of a violation of subsection (a) may be |
2 | sentenced to an additional term not to exceed two years' |
3 | confinement if at trial the prosecution proves beyond a |
4 | reasonable doubt that the offense occurred in an active work |
5 | zone or the victim was an emergency service responder as |
6 | defined in section 3327 (relating to duty of driver in |
7 | emergency response areas). |
8 | (2) The prosecution must indicate intent to proceed |
9 | under this section in the indictment or information which |
10 | commences the prosecution. |
11 | (3) The Pennsylvania Commission on Sentencing, under 42 |
12 | Pa.C.S. § 2154 (relating to adoption of guidelines for |
13 | sentencing), shall provide for a sentencing enhancement for |
14 | an offense under this section when the violation occurred in |
15 | an active work zone or the victim was an emergency service |
16 | responder as defined in section 3327. |
17 | Section 2. This act shall take effect in 60 days. |
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