Share:
Senate Co-Sponsorship Memoranda
Senate of Pennsylvania
Session of 2013 - 2014
Regular Session
MEMORANDUM
| Posted: | July 11, 2013 10:44 AM |
|---|---|
| From: | Senator Lisa Baker |
| To: | All Senate members |
| Subject: | Mandatory Minumum Sentence Increase for Leaving the Scene of an Accident Involving Death |
| Please join me in co-sponsoring legislation increasing the mandatory minimum penalty from one year to three years for fleeing the scene of an accident where a death resulted. Section 3742 of the Vehicle Code (Accidents involving death or personal injury) currently requires all drivers involved in an accident resulting in injury or death of any person to immediately stop the vehicle at the scene of an accident or as close to the scene of the accident as possible, and remain at the scene until the duty to provide information and render aid is fulfilled. Any driver who fails to remain at the scene where a victim dies commits a felony of the second degree and must serve a minimum term of imprisonment of not less than one year. Sections 3735 (Homicide by vehicle while driving under influence) and 3735.1 (Aggravated assault by vehicle while driving under the influence) provide that any person who unintentionally causes the death or serious bodily injury of another person as the result of driving under the influence or controlled substance and is convicted is guilty of a felony of the second degree. However, the minimum term of imprisonment for homicide by vehicle while under the influence is three years. This difference in the severity of the penalties encourages violators to flee the scene of the accident to avoid being arrested for a DUI offense. If a driver remains at the scene and has been drinking, he or she is guaranteed to get at least three years of incarceration. Conversely, if the person flees the scene, he or she may successfully avoid getting caught or may only serve one year of prison. In Luzerne County, three hit-and-run cases occurred in a short period of time and in each case, the victim was killed, the driver left the scene and investigators found evidence that the driver had been drinking immediately prior to the accident. In two of the cases, the defendants were not apprehended for weeks. This legislation will close a loophole in the law for those who leave the scene of an accident where a death occurred to avoid a DUI violation by making the penalties comparable to that of a violation for homicide by vehicle while driving under the influence. Your consideration is appreciated. |
Introduced as SB1079