AN ACT

 

1Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2Statutes, further providing for accidents involving death or
3personal injury.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Section 3742(b) of Title 75 of the Pennsylvania
7Consolidated Statutes is amended to read:

8§ 3742. Accidents involving death or personal injury.

9* * *

10(b) Penalties.--

11(1) Except as otherwise provided in this section, any
12person violating this section commits a misdemeanor of the
13first degree.

14(2) If the victim suffers serious bodily injury, any
15person violating subsection (a) commits a felony of the third
16degree, and the sentencing court shall order the person to
17serve a minimum term of imprisonment of not less than 90 days
18and a mandatory minimum fine of $1,000, notwithstanding any

1other provision of law.

2(3) (i) If the victim dies, any person violating 
3subsection (a) commits a felony of the second degree, and
4the sentencing court shall order the person to serve a
5minimum term of imprisonment of not less than [one year]
6three years and a mandatory minimum fine of $2,500,
7notwithstanding any other provision of law.

8(ii) In addition to the minimum term of imprisonment
9provided for in subparagraph (i), the Pennsylvania
10Commission on Sentencing shall provide within its
11guidelines a sentencing enhancement if the victim dies as
12the result of a violation of subsection (a). The
13provisions of this subparagraph shall not be an element
14of the crime, and notice of the provisions of this
15subparagraph shall not be required prior to conviction,
16but reasonable notice of the Commonwealth's intention to
17proceed under this subparagraph shall be provided after
18conviction and before sentencing.

19* * *

20Section 2. This act shall take effect in 60 days.