H0208B1039A00911     MSP:EAZ  03/07/11     #90        A00911

AMENDMENTS TO HOUSE BILL NO. 208

Sponsor: REPRESENTATIVE MUNDY

Printer's No. 1039

Amend Bill, page 1, lines 9 through 13; page 2, lines 1 

through 8, by striking out all of said lines on said pages and

inserting

Section 1.  Section 3742 of Title 75 of the Pennsylvania

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

No.81), is amended to read:

§ 3742.  Accidents involving death or personal injury.

(a)  General rule.--The driver of any vehicle involved in an

accident resulting in injury or death of any person shall

immediately stop the vehicle at the scene of the accident or as

close thereto as possible but shall then forthwith return to and

in every event shall remain at the scene of the accident until

he has fulfilled the requirements of section 3744 (relating to

duty to give information and render aid). Every stop shall be

made without obstructing traffic more than is necessary.

(b)  Penalties.--

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

person violating this section commits a misdemeanor of the

first degree.

(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.

(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.

(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 to pay 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.

(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 to pay 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.

(c)  Authority of sentencing court.--There shall be no

authority in any court to impose on an offender to which this

section is applicable any lesser sentence than provided for in

subsection (b)(2) or (3) or (b.1)(2) or (3) or to place such

offender on probation or to suspend sentence. Sentencing

guidelines promulgated by the Pennsylvania Commission on

Sentencing shall not supersede the mandatory sentences provided

in this section.

Section 1.1.  Section 6503(a) of Title 75 is amended to read: