AN ACT

 

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

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

6Section 1. Section 3742(b)(3) of Title 75 of the 
7Pennsylvania Consolidated Statutes is amended and the subsection 
8is amended by adding paragraphs to read:

9§ 3742. Accidents involving death or personal injury.

10* * *

11(b) Penalties.--

12* * *

13(3) (i) If the victim dies, any person violating 
14subsection (a) commits a felony of the second degree, and the
15sentencing court shall order the person to serve a minimum
16term of imprisonment of not less than one year and a
17mandatory minimum fine of $2,500, notwithstanding any other
18provision of law.

1(ii) In addition to the minimum term of imprisonment
2provided for in subparagraph (i), the Pennsylvania
3Commission on Sentencing shall provide within its
4guidelines a sentencing enhancement if the victim dies as
5the result of a violation of subsection (a). [The
6provisions of this subparagraph shall not be an element
7of the crime, and notice of the provisions of this
8subparagraph shall not be required prior to conviction,
9but reasonable notice of the Commonwealth's intention to
10proceed under this subparagraph shall be provided after
11conviction and before sentencing.]

12(4) For each victim, the court shall impose an
13additional fine and consecutive minimum term of imprisonment
14as provided in this subsection.

15(5) In addition to the minimum terms of imprisonment
16provided for in paragraphs (1), (2), (3) and (4), the
17Pennsylvania Commission on Sentencing shall provide within
18its guidelines a sentencing enhancement if the person
19convicted under this section is also convicted of a violation
20of section 3802 (relating to driving under influence of
21alcohol or controlled substance) that occurred concurrently
22with the violation of this section. This enhanced term of
23imprisonment shall be served consecutively.

24* * *

25Section 2. This act shall take effect in 60 days.