PRIOR PRINTER'S NO. 383

PRINTER'S NO.  1979

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

352

Session of

2009

  

  

INTRODUCED BY MUNDY, REED, BELFANTI, BRENNAN, CARROLL, CRUZ, FLECK, GEIST, GINGRICH, HORNAMAN, JOSEPHS, KIRKLAND, KORTZ, LEVDANSKY, MANN, MELIO, MILLARD, MILLER, MOUL, MURT, M. O'BRIEN, O'NEILL, PAYNE, PYLE, READSHAW, ROAE, SIPTROTH, K. SMITH, SOLOBAY, STABACK, STERN, SWANGER, THOMAS, TRUE, VULAKOVICH, WALKO, FREEMAN AND FARRY, FEBRUARY 10, 2009

  

  

AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 2, 2009   

  

  

  

AN ACT

  

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Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

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Statutes, further providing for accidents involving death or

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personal injury.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Section 3742 of Title 75 of the Pennsylvania

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Consolidated Statutes is amended to read:

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§ 3742.  Accidents involving death or personal injury.

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(a)  General rule.--The driver of any vehicle involved in an

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accident resulting in injury or death of any person shall

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immediately stop the vehicle at the scene of the accident or as

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close thereto as possible but shall then forthwith return to and

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in every event shall remain at the scene of the accident until

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he has fulfilled the requirements of section 3744 (relating to

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duty to give information and render aid). Every stop shall be

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made without obstructing traffic more than is necessary.

 


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(b)  Penalties.--

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

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person violating this section commits a misdemeanor of the

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first degree.

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

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person violating subsection (a) commits a felony of the

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[third] second degree, and the sentencing court shall order

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the person to serve a minimum term of imprisonment of not

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less than 90 days and a mandatory minimum fine of $1,000,

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notwithstanding any other provision of law. An additional

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fine and term of imprisonment under this paragraph shall be

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imposed for each victim.

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

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

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sentencing court shall order the person to serve a minimum

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term of imprisonment of not less than one year and a

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

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provision of law. An additional fine and term of imprisonment

<--

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under this paragraph shall be imposed for each victim.

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(b.1)  Enhanced penalties.--

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

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person violating this section concurrently with a violation

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of section 3802 (relating to driving under influence of

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alcohol or controlled substance) and who is convicted of

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violating section 3802 commits a felony of the third degree.

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

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person violating subsection (a) concurrently with a violation

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of section 3802 and who is convicted of violating section

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3802 commits a felony of the second degree, and the

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sentencing court shall order the person to serve a minimum

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term of imprisonment of not less than one year and to pay a

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

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of law. An additional fine and term of imprisonment under

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this paragraph shall be imposed for each victim.

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

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(a) concurrently with a violation of section 3802 and who is

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convicted of violating section 3802 commits a felony of the

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second degree, and the sentencing court shall order the

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person to serve a minimum term of imprisonment of not less

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than three years and to pay a mandatory fine of $5,000,

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notwithstanding any other provision of law. An additional

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fine and term of imprisonment under this paragraph shall be

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imposed for each victim.

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(c)  Authority of sentencing court.--There shall be no

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authority in any court to impose on an offender to which this

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section is applicable any lesser sentence than provided for in

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subsection (b)(2) or (3) or (b.1)(2) or (3) or to place such

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offender on probation or to suspend sentence. Sentencing

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guidelines promulgated by the Pennsylvania Commission on

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Sentencing shall not supersede the mandatory sentences provided

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in this section.

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(d)  Definitions.--As used in this section, the term "serious

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bodily injury" means any bodily injury which creates a

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substantial risk of death or which causes serious, permanent

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disfigurement or protracted loss or impairment of the function

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of any bodily member or organ.

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

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