THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY FARNESE, KITCHEN, FONTANA, RAFFERTY, LEACH, BREWSTER, BOSCOLA, STACK, WOZNIAK AND BROWNE, MARCH 28, 2011

REFERRED TO TRANSPORTATION, MARCH 28, 2011  

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, in accidents and accident reports, further

providing for the offense of accidents involving death or

personal injury.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 3742(b) of Title 75 of the Pennsylvania

Consolidated Statutes is amended and the section is amended by

adding a subsection to read:

§ 3742.  Accidents involving death or personal injury.

* * *

(b)  Penalties.--

(1)  Except as otherwise provided in this section, any

person violating this section commits a [misdemeanor] felony 

of the [first] third degree and the sentencing court shall

order the person to pay a fine of not less than $1,000.

(2)  If the victim suffers serious bodily injury, any

person violating subsection (a) commits a felony of the third

degree, and the sentencing court shall order the person to

serve a minimum term of imprisonment of not less than 90 days

and a mandatory minimum fine of $1,000, notwithstanding any

other provision of law. An additional fine and consecutive

minimum term of imprisonment under this subsection shall be

imposed for each victim.

(3)  If the victim dies, any person violating subsection

(a) commits a felony of the [third] second degree, and the

sentencing court shall order the person to serve a minimum

term of imprisonment of not less than one year and a

mandatory minimum fine of $2,500, notwithstanding any other

provision of law. An additional fine and consecutive minimum

term of imprisonment under this subsection shall be imposed

for each victim.

(b.1)  Enhanced penalties.--

(1)  Except as otherwise provided in this subsection, any

person who violates this section concurrently with a

violation of section 3802 (relating to driving under

influence of alcohol or controlled substance) and who is

convicted of violating section 3802 commits a felony of the

second degree.

(2)  If the victim suffers serious bodily injury, any

person who violates subsection (a) concurrently with a

violation of section 3735.1 (relating to aggravated assault

by vehicle while driving under the influence) and who is

convicted of violating section 3735.1 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 one year and a mandatory fine of $5,000, notwithstanding

any other provision of law. An additional fine and minimum

term of imprisonment under this subsection shall be imposed

for each victim.

(3)  If the victim dies, any person who violates

subsection (a) concurrently with a violation of section 3735

(relating to homicide by vehicle while driving under

influence) and who is convicted of violating section 3735

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

fine of $10,000, notwithstanding any other provision of law.

An additional fine and minimum term of imprisonment under

this subsection shall be imposed for each victim. The

mandatory imprisonment sentences under this subsection shall

run consecutively to any mandatory sentence imposed under

section 3735 and any mandatory sentence imposed under

subsection (b.1)(2) of this section.

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Section 2.  This act shall take effect in 60 days.