PRINTER'S NO. 565
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
589
Session of
2015
INTRODUCED BY FARNESE, TARTAGLIONE, FONTANA, BREWSTER, COSTA,
SMITH, HUGHES, RAFFERTY AND BLAKE, MARCH 3, 2015
REFERRED TO JUDICIARY, MARCH 3, 2015
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in miscellaneous provisions, further providing for
accidents involving death or personal injury.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3742(b)(3) of Title 75 of the
Pennsylvania Consolidated Statutes is amended and the subsection
is amended by adding paragraphs to read:
ยง 3742. Accidents involving death or personal injury.
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(b) Penalties.--
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(3) (i) If the victim dies, any person violating
subsection (a) 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 a
mandatory minimum fine of $2,500, notwithstanding any other
provision of law.
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(ii) In addition to the minimum term of imprisonment
provided for in subparagraph (i), the Pennsylvania
Commission on Sentencing shall provide within its
guidelines a sentencing enhancement if the victim dies as
the result of a violation of subsection (a). [The
provisions of this subparagraph shall not be an element
of the crime, and notice of the provisions of this
subparagraph shall not be required prior to conviction,
but reasonable notice of the Commonwealth's intention to
proceed under this subparagraph shall be provided after
conviction and before sentencing.]
(4) For each victim, the court shall impose an
additional fine and consecutive minimum term of imprisonment
as provided in this subsection.
(5) In addition to the minimum terms of imprisonment
provided for in paragraphs (1), (2), (3) and (4), the
Pennsylvania Commission on Sentencing shall provide within
its guidelines a sentencing enhancement if the person
convicted under this section is also convicted of a violation
of section 3802 (relating to driving under influence of
alcohol or controlled substance) that occurred concurrently
with the violation of this section. This enhanced term of
imprisonment shall be served consecutively.
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Section 2. This act shall take effect in 60 days.
20150SB0589PN0565 - 2 -
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