1Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2Statutes, further providing for the offense of careless
3driving; establishing the Driver Distraction Awareness Fund;
4and providing for additional duties of the Department of
5Transportation.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

8Section 1.  Section 3714 of Title 75 of the Pennsylvania
9Consolidated Statutes is amended to read:

10§ 3714.  Careless driving.

11(a)  General rule.--Any person who drives a vehicle in
12careless disregard for the safety of persons or property is
13guilty of careless driving, a summary offense.

14(b)  Unintentional death.--If the person who violates this
15section unintentionally causes the death of another person as a
16result of the violation, the person shall, upon conviction, be
17sentenced to pay a fine of $500.

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

1section unintentionally causes the serious bodily injury of
2another person as a result of the violation, the person shall,
3upon conviction, be sentenced to pay a fine of $250.

4(c.1)  Additional fine for distracted driver.--

5(1)  Any person who violates this section and at the time 
6of the violation is distracted by the use of any of the 
7following, including, but not limited to:

8(i)  an interactive wireless communications device;

9(ii)  an electronic, electrical or mechanical device;

10(iii)  a personal grooming device;

11(iv)  food;

12(v)  drink; or

13(vi)  any printed material,

14shall in addition to any other penalty imposed be sentenced 
15to pay a fine of $50.

16(2)  The provisions of this subsection shall not apply to 
17any person unless the person is convicted under subsection 
18(a) for a violation which occurred at the same time. No costs 
19as described under 42 Pa.C.S. § 1725.1 (relating to costs) 
20shall be imposed on account of any increased fine under this 
21subsection. Application of this subsection shall not 
22constitute a moving violation.

23(3) Fines collected under this subsection shall be paid
24to the Commonwealth for deposit into the Driver Distraction
25Awareness Fund.

26(c.2) Report.--The department shall submit to the General
27Assembly a report on the effects of subsection (c.1) by August
2831, 2012.

29(d)  Definition.--As used in this section, the term 
30"distracted" means having a person's attention diverted from 

1operating a vehicle by any task or item, including, but not 
2limited to, a task or item listed under subsection (c.1)(1).

3Section 2.  Title 75 is amended by adding a section to read:

4§ 3714.1.  Driver Distraction Awareness Fund.

5(a)  Fund established.--The Driver Distraction Awareness Fund
6is established in the Motor License Fund as a special restricted
7receipts account hereby earmarked for and appropriated to the
8department. This fund shall consist of all fines deposited
9pursuant to section 3714(c.1) (relating to careless driving),
10all Federal funds granted for that use and any moneys donated
11into the fund. All such funds shall be used solely for the
12purpose of the educational program established in subsection
13(b).

14(b)  Educational program.--The department shall initiate an
15educational program to begin immediately to alert the public to
16the provisions of section 3714(c.1) and the requirements and
17penalties specified in section 3714(c.1). The program shall also
18encourage motorists to eliminate distractions in the vehicle as
19a means of reducing the risk of harm to themselves as well as to
20others.

21Section 3.  This act shall take effect in 60 days.