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House of Representatives
Session of 2013 - 2014 Regular Session


Posted: April 30, 2013 01:32 PM
From: Representative Mike Carroll
To: All House members
Subject: Leaving Scene of Accidents Involving Death or Person Injury
It has come to my attention that the current mandatory sentence of one year for a conviction of fleeing an accident scene where a death resulted in 75 Pa. CS (Vehicle Code) §3742 is too low to act as a general deterrent and in fact, perpetrators have an incentive to leave the scene of such accidents due to the minimal penalty. Sadly, we in Luzerne County are currently dealing with three high profile cases of drivers leaving the scene of an accident that resulted in the death of four individuals, including a five year old boy days before Christmas.
Therefore, the legislation I propose will raise the existing one year sentence to three years upon conviction of the offense where a death resulted. It is important to note this bill does not introduce a new mandatory sentencing statute. It only raises an existing one. Last session, HB208, enacted as Act 93 of 2012, tasked the Pennsylvania Sentencing Commission to promulgate an enhancement to the penalty for violation of §3742 where a death results. Unfortunately, the enhancement does not go far enough in strengthening the penalty for this criminal act in my opinion. This bill will put stronger teeth into this statute which is necessary to make it a true deterrent to fleeing any accident scene. Please join me in co-sponsoring this important legislation.

Introduced as HB1422