S1281B2040A07624 DMS:JMT 10/15/20 #90 A07624
AMENDMENTS TO SENATE BILL NO. 1281
Sponsor: REPRESENTATIVE KORTZ
Printer's No. 2040
Amend Bill, page 1, line 3, by striking out "and,"
Amend Bill, page 1, line 5, by striking out the period after
"areas" and inserting
; and, in offenses in general, further providing for the
offenses of homicide by vehicle and of aggravated assault by
vehicle.
Amend Bill, page 1, line 8, by striking out "and 3327(a), (b)
and (e.1)" and inserting
, 3327, 3732(b)(1.1) and 3732.1(b)(2)
Amend Bill, page 3, line 5, by inserting after "a)"
or (a.1)
Amend Bill, page 3, lines 5 and 6, by striking out all of
line 5 and "emergency response area." in line 6 and inserting
Duty of driver in emergency response areas and in relation to
disabled vehicles.
Amend Bill, page 4, line 22, by inserting after "areas"
and in relation to disabled vehicles
Amend Bill, page 4, line 23, by inserting a bracket before
"General"
Amend Bill, page 4, line 23, by inserting after "rule"
] Emergency response areas
Amend Bill, page 5, lines 3 through 11, by striking out all
of said lines and inserting
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(a.1) Disabled vehicles.--When approaching or passing a
disabled vehicle, a person shall:
(1) if it is possible to do so, pass in a lane not
adjacent to that of the disabled vehicle; or
(2) if it is impossible, illegal or unsafe, to comply
with paragraph (1), pass the disabled vehicle at a rate of
speed that is no more than 20 miles per hour less than the
posted speed limit and reasonable for safely passing the
disabled vehicle.
(b) Penalty.--Any person violating subsection (a) or
(a.1) commits a summary offense and shall, upon conviction,
pay:
(1) For a first offense, a fine of not more than [$250]
$500.
(2) For a second offense, a fine of not more than [$500]
$1,000.
(3) For a third or subsequent offense, a fine of not
more than [$1,000] $2,000.
(b.1) Suspension of operating privilege.--
(1) Except as otherwise provided in paragraph (2), in
accordance with section 1540 (relating to surrender of
license), the department shall suspend the operating
privilege of any person for 90 days upon receiving a
certified record of the driver's conviction, adjudication of
delinquency or admission into an Accelerated Rehabilitative
Disposition program or a preadjudication program for a
violation of subsection (a) or (a.1), if the certified
conviction:
(i) indicates the violation resulted in serious
bodily injury to or death of another person; or
(ii) is the driver's third or subsequent conviction
for a violation of subsection (a) or (a.1).
(2) Upon receiving a certified record of the driver's
conviction, adjudication of delinquency or admission into an
Accelerated Rehabilitative Disposition program or a
preadjudication program for a violation of subsection (a) or
(a.1), in accordance with section 1540, the department shall
suspend the operating privilege of the driver in accordance
with the following:
(i) For a period of six months if the certified
conviction, adjudication of delinquency or admission into
an Accelerated Rehabilitative Disposition program or a
preadjudication program indicates the violation resulted
in the serious bodily injury of an emergency service
responder or a person in or near a disabled vehicle.
(ii) For a period of one year if the certified
conviction, adjudication of delinquency or admission into
an Accelerated Rehabilitative Disposition program or a
preadjudication program indicates the violation resulted
in the death of an emergency service responder or a
person in or near a disabled vehicle.
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(b.2) Penalties for bodily injury or death in emergency
response areas.--In addition to any other penalty prescribed by
law, a driver who violates [this section] subsection (a) and
causes bodily injury to, serious bodily injury to or the death
of an emergency service responder or another person commits an
offense and shall, upon conviction, as follows:
(1) For causing bodily injury as defined in 18 Pa.C.S. §
2301 (relating to definitions), pay a fine of not more than
$1,000.
(2) For causing serious bodily injury, pay a fine of not
more than $5,000.
(3) For causing death, pay a fine of not more than
$10,000.
(b.3) Penalties for bodily injury or death in relation to
disabled vehicles.--In addition to any other penalty prescribed
by law, a driver who violates subsection (a.1) and causes bodily
injury to, serious bodily injury to or the death of another
person commits an offense:
(1) For causing bodily injury as defined in 18 Pa.C.S. §
2301, pay a fine of not more than $1,000.
(2) For causing serious bodily injury as defined in 18
Pa.C.S. § 2301, pay a fine of not more than $5,000.
(3) For causing death, pay a fine of not more than
$10,000.
(c) Marking.--
(1) An emergency response area shall be clearly marked
with road flares, caution signs or any other traffic-control
device which law enforcement officials may have at their
immediate disposal or visual signals on vehicles meeting the
requirements of Subchapter D of Chapter 45 (relating to
equipment of authorized and emergency vehicles).
(2) A disabled vehicle shall use at least two of the
following markings:
(i) Vehicular hazard signal lamps as provided in
section 4305 (relating to vehicular hazard signal lamps).
(ii) Caution signs or other traffic control device.
(iii) Road flares.
(d) Reports by emergency service responders.--
(1) An emergency service responder observing a violation
of subsection (a) or (a.1) may prepare a written, signed
report which indicates that a violation has occurred. To the
extent possible, the report shall include the following
information:
(i) Information pertaining to the identity of the
alleged violator.
(ii) The license number and color of the vehicle
involved in the violation.
(iii) The time and approximate location at which the
violation occurred.
(iv) Identification of the vehicle as an automobile,
station wagon, motor truck, motor bus, motorcycle or
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other type of vehicle.
(2) Within 48 hours after the violation occurs, the
emergency service responder shall deliver a copy of the
report to a police officer having authority to exercise
police power in the area where the violation occurred. If the
police officer believes that the report established a
sufficient basis for the issuance of a citation, the officer
shall file a citation and a copy of the report with the
issuing authority. If the issuing authority determines that
the report and citation establish a sufficient basis for the
issuance of a summons, a summons shall be issued in
accordance with general rules governing the institution of
proceedings in summary traffic offense cases. The issuing
authority shall send the defendant a copy of the citation,
together with a statement that it was filed by the police
officer named in the citation on the basis of information
received.
(3) A person may institute a proceeding pursuant to this
subsection or in accordance with any means authorized by the
Pennsylvania Rules of Criminal Procedure.
(e) Fines to be doubled.--In addition to any penalty as
provided in subsections (b) [and], (b.2) and (b.3), the fine for
any of the following violations when committed in an emergency
response area manned by emergency service responders shall be
double the usual amount:
Section 3102 (relating to obedience to authorized persons
directing traffic).
Section 3111 (relating to obedience to traffic-control
devices).
Section 3114 (relating to flashing signals).
Section 3302 (relating to meeting vehicle proceeding in
opposite direction).
Section 3303 (relating to overtaking vehicle on the
left).
Section 3304 (relating to overtaking vehicle on the
right).
Section 3305 (relating to limitations on overtaking on
the left).
Section 3306 (relating to limitations on driving on left
side of roadway).
Section 3307 (relating to no-passing zones).
Section 3310 (relating to following too closely).
Section 3312 (relating to limited access highway
entrances and exits).
Section 3323 (relating to stop signs and yield signs).
Section 3325 (relating to duty of driver on approach of
emergency vehicle).
Section 3361 (relating to driving vehicle at safe speed).
Section 3707 (relating to driving or stopping close to
fire apparatus).
Section 3710 (relating to stopping at intersection or
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crossing to prevent obstruction).
Section 3714 (relating to careless driving).
Section 3736 (relating to reckless driving).
Section 3802 (relating to driving under influence of
alcohol or controlled substance).
Amend Bill, page 5, lines 18 through 20, by striking out all
of said lines and inserting
(f) [Definition.--As used in this section, the term
"emergency response area" means any of the following:]
Definitions.--As used in this section, the following words and
phrases shall have the meanings given to them in this subsection
unless the context clearly indicates otherwise:
"Disabled vehicle." A vehicle that is in a traffic lane or
on the side of a traffic lane and is clearly marked with at
least two of the markings specified in subsection (c)(2).
"Emergency response area." Any of the following:
(1) The area in which emergency service responders
render emergency assistance to individuals on or near a
roadway or a police officer is conducting a traffic stop or
systematic check of vehicles or controlling or directing
traffic as long as the emergency vehicle is making use of
visual signals meeting the requirements of Subchapter D of
Chapter 45.
(2) The area in which contractors or employees of a
public utility, a municipally owned utility or an electric
cooperative provide disaster emergency-related services,
including, but not limited to, the repair, renovation,
installation, construction and activities related to damaged,
impaired or destroyed infrastructure, within the first 72
hours after a declared emergency or until the expiration of a
declared emergency, whichever is later, as long as the
vehicles used to provide disaster emergency-related services
are making use of visual signals as authorized under section
4572(b) (relating to visual signals on authorized vehicles).
§ 3732. Homicide by vehicle.
* * *
(b) Sentencing.--
* * *
(1.1) In addition to any other penalty provided by law,
a person convicted of a violation of subsection (a) who is
also convicted of a violation of section 1501 (relating to
drivers required to be licensed), 1543 (relating to driving
while operating privilege is suspended or revoked), 3316
(relating to prohibiting text-based communications), 3325
(relating to duty of driver on approach of emergency vehicle)
or 3327 (relating to duty of driver in emergency response
areas and in relation to disabled vehicles) may be sentenced
to an additional term not to exceed five years' confinement.
* * *
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§ 3732.1. Aggravated assault by vehicle.
* * *
(b) Sentencing.--
* * *
(2) In addition to any other penalty provided by law, a
person convicted of a violation of subsection (a) who is also
convicted of a violation of section 1501 (relating to drivers
required to be licensed), 1543 (relating to driving while
operating privilege is suspended or revoked), 3316 (relating
to prohibiting text-based communications), 3325 (relating to
duty of driver on approach of emergency vehicle) or 3327
(relating to duty of driver in emergency response areas and
in relation to disabled vehicles) may be sentenced to an
additional term not to exceed two years' confinement.
* * *
Section 2. This amendatory act may be referred to as the
Move Over Law.
Section 3. This act shall take effect in 180 days.
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