PRINTER'S NO. 543
No. 502 Session of 2007
INTRODUCED BY STACK, TARTAGLIONE, BOSCOLA, KITCHEN, STOUT, RAFFERTY, MUSTO, COSTA, FONTANA, ERICKSON, LOGAN, O'PAKE, LAVALLE, FERLO AND BROWNE, MARCH 19, 2007
REFERRED TO TRANSPORTATION, MARCH 19, 2007
AN ACT 1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated 2 Statutes, further providing for accidents involving death or 3 personal injury. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Section 3742 of Title 75 of the Pennsylvania 7 Consolidated Statutes is amended to read: 8 § 3742. Accidents involving death or personal injury. 9 (a) General rule.--The driver of any vehicle involved in an 10 accident resulting in injury or death of any person shall 11 immediately stop the vehicle at the scene of the accident or as 12 close thereto as possible but shall then forthwith return to and 13 in every event shall remain at the scene of the accident until 14 he has fulfilled the requirements of section 3744 (relating to 15 duty to give information and render aid). Every stop shall be 16 made without obstructing traffic more than is necessary. 17 (b) Penalties.-- 18 (1) Except as otherwise provided in this section, any
1 person violating this section commits a misdemeanor of the 2 first degree. 3 (2) If the victim suffers serious bodily injury, any 4 person violating subsection (a) commits a felony of the third 5 degree, and the sentencing court shall order the person to 6 serve a minimum term of imprisonment of not less than [90 7 days] two years and a mandatory minimum fine of $1,000, 8 notwithstanding any other provision of law. 9 (3) If the victim dies, any person violating subsection 10 (a) commits a felony of the third degree, and the sentencing 11 court shall order the person to serve a minimum term of 12 imprisonment of not less than [one year] five years and a 13 mandatory minimum fine of $2,500, notwithstanding any other 14 provision of law. 15 (c) Authority of sentencing court.--There shall be no 16 authority in any court to impose on an offender to which this 17 section is applicable any lesser sentence than provided for in 18 subsection (b)(2) or (3) or to place such offender on probation 19 or to suspend sentence. Sentencing guidelines promulgated by the 20 Pennsylvania Commission on Sentencing shall not supersede the 21 mandatory sentences provided in this section. 22 (d) Definitions.--As used in this section, the term "serious 23 bodily injury" means any bodily injury which creates a 24 substantial risk of death or which causes serious, permanent 25 disfigurement or protracted loss or impairment of the function 26 of any bodily member or organ. 27 Section 2. This act shall take effect in 60 days. A29L75RLE/20070S0502B0543 - 2 -