PRIOR PRINTER'S NOS. 952, 1709

PRINTER'S NO.  1813

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

896

Session of

2011

  

  

INTRODUCED BY ROSS, BARRAR, BOYD, CALTAGIRONE, CRUZ, CUTLER, DeLUCA, DENLINGER, DeWEESE, J. EVANS, FLECK, GABLER, GROVE, HARKINS, HESS, HICKERNELL, HORNAMAN, KAUFFMAN, MILLER, MILNE, MUNDY, MURT, O'NEILL, PETRI, READSHAW, REICHLEY, SCAVELLO, SCHRODER, TALLMAN, TAYLOR, WATSON, ADOLPH, FARRY AND MARSHALL, MARCH 2, 2011

  

  

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, MAY 9, 2011   

  

  

  

AN ACT

  

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Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

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Statutes, further providing for the offense of careless

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driving; establishing the Driver Distraction Awareness Fund;

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and providing for additional duties of the Department of

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Transportation.

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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 3714 of Title 75 of the Pennsylvania

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Consolidated Statutes, amended October 19, 2010 (P.L.557,

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No.81), is amended to read:

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§ 3714.  Careless driving.

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(a)  General rule.--Any person who drives a vehicle in

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careless disregard for the safety of persons or property is

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guilty of careless driving, a summary offense.

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(b)  Unintentional death.--If the person who violates this

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section unintentionally causes the death of another person as a

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result of the violation, the person shall, upon conviction, be

 


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sentenced to pay a fine of $500.

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(c)  Serious bodily injury.--If the person who violates this

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section unintentionally causes the serious bodily injury of

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another person as a result of the violation, the person shall,

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upon conviction, be sentenced to pay a fine of $250.

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(c.1)  Increased Additional fine for distracted driver.--

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(1)  Any person who violates this section and at the time

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of the violation is distracted by the use of any of the

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following, including, but not limited to:

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(i)  an interactive wireless communications device;

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(ii)  an electronic, electrical or mechanical device;

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(iii)  a personal grooming device;

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(iv)  food;

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(v)  drink; and or

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(vi)  any printed material,

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shall in addition to any other penalty imposed, upon

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conviction, be sentenced to pay a fine of $50.

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(2)  No person shall be convicted under this subsection

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unless the person is also convicted under subsection (a) for

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a violation which occurred at the same time. No costs as

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described under 42 Pa.C.S. § 1725.1 (relating to costs) shall

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be imposed for a conviction under this subsection. Conviction

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under this subsection shall not constitute a moving

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violation.

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(3)  Fines collected under this subsection shall be paid

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to the Commonwealth for deposit into the Driver Distraction

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Awareness Fund.

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(c.2)  Report.--The department shall submit to the General

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Assembly a report on the effects of subsection (c.1) by August

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31, 2012.

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(d)  Definition.--As used in this section, "distracted" means

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having Definitions.--As used in this section, the following

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words and phrases shall have the meanings given to them in this

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subsection unless the context clearly indicates otherwise:

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"Distracted."  Having a person's attention diverted from

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operating a vehicle by any task or item, including, but not

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limited to, an electronic, electrical, mechanical or personal

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grooming device, food, drink, book or printed material.

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"Interactive wireless communications device."  A wireless

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telephone, personal digital assistant, smart phone, portable or

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mobile computer or similar device which can be used for voice

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communication, texting, e-mailing, browsing the Internet or

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instant messaging. The term does not include any of the

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following:

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(1)  a device being used exclusively as a global

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positioning or navigation system;

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(2)  a system or device that is physically or

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electronically integrated into the vehicle; or

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(3)  a communication device that is affixed to a mass

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transit vehicle, bus or school bus.

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Section 2.  Title 75 is amended by adding a section to read:

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§ 3714.1.  Driver Distraction Awareness Fund.

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(a)  Fund established.--The Driver Distraction Awareness Fund

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is established in the Motor License Fund as a special restricted

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receipts account hereby earmarked for and appropriated to the

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department. This fund shall consist of all fines deposited

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pursuant to section 3714(c.1) (relating to careless driving),

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all Federal funds granted for that use and any moneys donated

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into the fund. All such funds shall be used solely for the

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purpose of the educational program established in subsection

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(b).

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(b)  Educational program.--The department shall initiate an

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educational program to begin immediately to alert the public to

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the provisions of section 3714(c.1) and the requirements and

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penalties specified in section 3714(c.1). The program shall also

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encourage motorists to eliminate distractions in the vehicle as

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a means of reducing the risk of harm to themselves as well as to

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others.

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Section 3.  This act shall take effect in 60 days.

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