THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY MARKOSEK, BAKER, BELFANTI, BENNINGHOFF, BOYD, BRENNAN, CARROLL, CIVERA, CLYMER, CREIGHTON, CUTLER, DALLY, DeLUCA, DePASQUALE, DONATUCCI, EVERETT, FLECK, FREEMAN, GEIST, GIBBONS, GOODMAN, GROVE, GRUCELA, HARHAI, HARKINS, HARPER, HESS, HICKERNELL, HORNAMAN, M. KELLER, KORTZ, LEVDANSKY, MAHONEY, MAJOR, MANN, McCALL, McILVAINE SMITH, MELIO, MILLARD, MILLER, MOUL, MUNDY, MURT, MUSTIO, M. O'BRIEN, O'NEILL, PASHINSKI, PAYNE, PYLE, READSHAW, REED, ROAE, ROCK, SANTONI, SCAVELLO, SIPTROTH, K. SMITH, STABACK, SWANGER, R. TAYLOR, TRUE, VULAKOVICH, WALKO, WANSACZ, WATSON AND YOUNGBLOOD, MARCH 5, 2009

REFERRED TO COMMITTEE ON TRANSPORTATION, MARCH 5, 2009  

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, further providing for 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.

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(b)  Penalties.--

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

person violating this section commits a misdemeanor of the

first degree, and the sentencing court shall order the person

to pay a fine of not less than $300.

(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 term of

imprisonment under this paragraph shall be imposed for each

victim whose serious bodily injury is the result of the

violation of subsection (a).

(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 term of imprisonment

under this paragraph shall be imposed for each victim whose

death is the result of the violation of subsection (a).

(b.1)  Enhanced penalties.--

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

person violating 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 third degree.

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

person violating subsection (a) concurrently with a violation

of section 3802 and who is convicted of violating section

3802 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 $2,500, notwithstanding any other provision

of law. An additional fine and term of imprisonment under

this paragraph shall be imposed for each victim whose serious

bodily injury is the result of the violation of subsection

(a).

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

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

convicted of violating section 3802 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 $5,000,

notwithstanding any other provision of law. An additional

fine and term of imprisonment under this paragraph shall be

imposed for each victim whose death is the result of the

violation of subsection (a).

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