HOUSE AMENDED
PRIOR PRINTER'S NO. 1040
PRINTER'S NO. 1364
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
887
Session of
2015
INTRODUCED BY COSTA, BARTOLOTTA, TEPLITZ, TARTAGLIONE, FONTANA,
WARD, SCHWANK, DINNIMAN, WILEY, STEFANO, SMITH, YUDICHAK,
TOMLINSON, RAFFERTY, AUMENT, VULAKOVICH, HUGHES, MENSCH,
BROOKS AND BROWNE, JUNE 12, 2015
AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 26, 2015
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in rules of the road in general, further providing
for duty of driver in construction and maintenance areas or
on highway safety corridors and for duty of driver in
emergency response areas.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3326 of Title 75 of the Pennsylvania
Consolidated Statutes is amended by adding a subsection
SUBSECTIONS to read:
§ 3326. Duty of driver in construction and maintenance areas or
on highway safety corridors.
* * *
(c.2) Penalties for bodily injury or death.--In addition to
any other penalty prescribed by law, a driver who violates this
section and causes bodily injury to, serious bodily injury to
or the death of a worker acting in the worker's official
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capacity or on a highway safety corridor designated under
section 6105.1 commits an offense and shall, upon conviction, as
follows ADJUDICATION OF DELINQUENCY OR ADMISSION INTO AN
ACCELERATED REHABILITATIVE DISPOSITION PROGRAM OR A
PREADJUDICATION PROGRAM :
(1) For causing bodily injury as defined in 18 Pa.C.S. §
2301 (relating to definitions), pay a fine of not more than
$1,000.
(2) For causing serious bodily injury, pay a fine of not
more than $5,000 and surrender the individual's driver's
license for a period of six months in accordance with section
1540 (relating to surrender of license) .
(3) For causing death, pay a fine of not more than
$10,000 and surrender the individual's driver's license for a
period of one year in accordance with section 1540 .
(C.3) SUSPENSION OF OPERATING PRIVILEGE.--UPON RECEIVING A
CERTIFIED RECORD OF THE DRIVER'S CONVICTION, ADJUDICATION OF
DELINQUENCY OR ADMISSION INTO AN ACCELERATED REHABILITATIVE
DISPOSITION PROGRAM OR A PREADJUDICATION PROGRAM FOR A VIOLATION
OF THIS SECTION, THE DEPARTMENT SHALL SUSPEND THE OPERATING
PRIVILEGE OF THE DRIVER IN ACCORDANCE WITH THE FOLLOWING:
(1) FOR A PERIOD OF SIX MONTHS IF THE CERTIFIED
CONVICTION, ADJUDICATION OF DELINQUENCY OR ADMISSION INTO AN
ACCELERATED REHABILITATIVE DISPOSITION PROGRAM OR A
PREADJUDICATION PROGRAM INDICATES THE VIOLATION RESULTED IN
THE SERIOUS BODILY INJURY OF A WORKER ACTING IN THE WORKER'S
OFFICIAL CAPACITY OR ON A HIGHWAY SAFETY CORRIDOR DESIGNATED
UNDER SECTION 6105.1.
(2) FOR A PERIOD OF ONE YEAR IF THE CERTIFIED
CONVICTION, ADJUDICATION OF DELINQUENCY OR ADMISSION INTO AN
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ACCELERATED REHABILITATIVE DISPOSITION PROGRAM OR A
PREADJUDICATION PROGRAM INDICATES THE VIOLATION RESULTED IN
THE DEATH OF A WORKER ACTING IN THE WORKER'S OFFICIAL
CAPACITY OR ON A HIGHWAY SAFETY CORRIDOR DESIGNATED UNDER
SECTION 6105.1.
* * *
Section 2. Section 3327(b.1) and (e) of Title 75 are amended
and the section is amended by adding a subsection to read:
§ 3327. Duty of driver in emergency response areas.
* * *
(b.1) Suspension of operating privilege.--
[The] (1) Except as otherwise provided in paragraph (2),
the department shall suspend the operating privilege of any
person for 90 days upon receiving a certified record of the
driver's conviction, adjudication of delinquency or admission
into AN ACCELERATED REHABILITATIVE DISPOSITION PROGRAM OR a
preadjudication program for a violation of subsection (a), if
the certified conviction indicates the violation resulted in
serious bodily injury to another person. The license shall be
surrendered in accordance with section 1540 (relating to
surrender of license).
(2) Upon receiving a certified record of the driver's
conviction, adjudication of delinquency or admission into AN
ACCELERATED REHABILITATIVE DISPOSITION PROGRAM OR a
preadjudication program for a violation of subsection (a), in
accordance with section 1540, the department shall suspend
the operating privilege of the driver in accordance with the
following:
(i) For a period of six months if the certified
conviction , ADJUDICATION OF DELINQUENCY OR ADMISSION INTO
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AN ACCELERATED REHABILITATIVE DISPOSITION PROGRAM OR A
PREADJUDICATION PROGRAM indicates the violation resulted
in the serious bodily injury of an emergency service
responder.
(ii) For a period of one year if the certified
conviction , ADJUDICATION OF DELINQUENCY OR ADMISSION INTO
AN ACCELERATED REHABILITATIVE DISPOSITION PROGRAM OR A
PREADJUDICATION PROGRAM indicates the violation resulted
in the death of an emergency service responder.
(b.2) Penalties for bodily injury or death.--In addition to
any other penalty prescribed by law, a driver who violates this
section and causes bodily injury to, serious bodily injury to or
the death of a worker acting in the worker's official capacity
or on a highway safety corridor designated under section 6105.1
(relating to designation of highway safety corridors) AN
EMERGENCY SERVICE RESPONDER commits an offense and shall, upon
conviction, as follows:
(1) For causing bodily injury as defined in 18 Pa.C.S. §
2301 (relating to definitions), pay a fine of not more than
$1,000.
(2) For causing serious bodily injury, pay a fine of not
more than $5,000.
(3) For causing death, pay a fine of not more than
$10,000.
* * *
(e) Fines to be doubled.--In addition to any penalty as
provided in [subsection [(b)] SUBSECTIONS (B) AND (b.2) , the
fine for any of the following violations when committed in an
emergency response area manned by emergency service responders
shall be double the usual amount:
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Section 3102 (relating to obedience to authorized persons
directing traffic).
Section 3111 (relating to obedience to traffic-control
devices).
Section 3114 (relating to flashing signals).
Section 3302 (relating to meeting vehicle proceeding in
opposite direction).
Section 3303 (relating to overtaking vehicle on the
left).
Section 3304 (relating to overtaking vehicle on the
right).
Section 3305 (relating to limitations on overtaking on
the left).
Section 3306 (relating to limitations on driving on left
side of roadway).
Section 3307 (relating to no-passing zones).
Section 3310 (relating to following too closely).
Section 3312 (relating to limited access highway
entrances and exits).
Section 3323 (relating to stop signs and yield signs).
Section 3325 (relating to duty of driver on approach of
emergency vehicle).
Section 3361 (relating to driving vehicle at safe speed).
Section 3707 (relating to driving or stopping close to
fire apparatus).
Section 3710 (relating to stopping at intersection or
crossing to prevent obstruction).
Section 3714 (relating to careless driving).
Section 3736 (relating to reckless driving).
Section 3802 (relating to driving under influence of
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alcohol or controlled substance).
* * *
Section 3. This act shall take effect in 60 days SIX MONTHS.
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