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