PRINTER'S NO. 379
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
360
Session of
2017
INTRODUCED BY WILLIAMS, TARTAGLIONE, HAYWOOD, BREWSTER, HUGHES,
RAFFERTY, BROWNE, COSTA AND BOSCOLA, FEBRUARY 15, 2017
REFERRED TO TRANSPORTATION, FEBRUARY 15, 2017
AN ACT
Providing for the Jayanna Powell Hit-and-Run Direct Notification
System and for definitions; requiring registration of motor
vehicle repair facilities; and providing for penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Jayanna
Powell Hit-and-Run Direct Notification Act.
Section 2. Legislative findings.
The General Assembly finds and declares as follows:
(1) Hit-and-run accidents, in which the driver flees the
scene of an accident, result in the death of 1,500 Americans
each year according to the American Automobile Association.
Approximately 60% of the victims of these accidents are
pedestrians.
(2) Fleeing the scene of an accident is prohibited by 75
Pa.C.S. §§ 3742 (relating to accidents involving death or
personal injury) and 3744 (relating to duty to give
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information and render aid) due to the duty of motorists
involved in an accident to render aid and provide
information. It is in the best interest of the public for
motorists involved in accidents that result in serious bodily
injury or death to stay at the scene of an accident and to
submit to authorities for questioning.
(3) On November 18, 2016, a driver traveling at a high
rate of speed struck eight-year-old Jayanna Powell of West
Philadelphia as she walked home from school, resulting in her
death. The driver fled the scene of the accident, leaving
Jayanna's family aggrieved and without hope for justice.
(4) The driver who struck Jayanna, aided by an
accomplice, took the vehicle to a repair facility two
counties away from Philadelphia so as to evade detection. In
order to more quickly identify and apprehend motorists who
have fled the scene of an accident, the General Assembly
deems it necessary to implement a system of direct
notification to motor vehicle repair facilities of all
vehicles involved in hit-and-run accidents.
Section 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Department." The Department of Transportation of the
Commonwealth.
"Hit-and-run accident." A motor vehicle accident as provided
in 75 Pa.C.S. § 3742 (relating to accidents involving death or
personal injury) in which one or more motorists involved in the
accident fail to remain at the scene until law enforcement
authorities arrive or otherwise comply with the motorist duties
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under 75 Pa.C.S. § 3744 (relating to duty to give information
and render aid).
"Motor vehicle repair facility." A commercial garage, shop
or other business operating within this Commonwealth that
repairs damage to motor vehicles.
"System." The Jayanna Powell Hit-and-Run Direct Notification
System established in section 4 of this act.
Section 4. The Jayanna Powell Hit-and-Run Direct Notification
System.
(a) Establishment.--The department shall develop and
maintain a system that compiles information regarding vehicles
that have fled the scene of a motor vehicle accident to notify
motor vehicle repair facilities.
(b) Notification requirements.--After a hit-and-run accident
resulting in serious bodily injury or death, the investigating
law enforcement authority shall directly notify all motor
vehicle repair facilities in this Commonwealth via the system.
(c) Information.--The information provided on the system
regarding the vehicle shall include, but not be limited to, as
available, the following about the motor vehicle operated by the
motorist who failed to remain at the scene:
(1) Vehicle make, model, year and color.
(2) License plate number.
(3) Unique identifying characteristics.
(4) Extent of damage.
Section 5. Registration required.
A motor vehicle repair facility shall register with the
department, in a manner prescribed by the department, to ensure
accurate contact information for providing information through
the system.
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Section 6. Duty to report.
Upon discovery of a vehicle in the motor vehicle repair
facility's possession reasonably matching that of a vehicle
described in a direct notification on the system, the owner or
operator of the motor vehicle repair facility shall inform the
law enforcement agency that initiated the direct notification.
Section 7. Penalties.
The owner or operator of a motor vehicle repair facility who
is required under this act to report a vehicle at the motor
vehicle repair facility and fails to do so commits a misdemeanor
of the third degree.
Section 8. Effective date.
This act shall take effect in 30 days.
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