PRINTER'S NO. 1164
No. 1027 Session of 1991
INTRODUCED BY FREIND, MARKOSEK, BUSH, LANGTRY, JOHNSON, SCHEETZ,
GANNON, NOYE, TULLI, GERLACH, FLEAGLE, CLYMER, VROON,
ARMSTRONG, FOX, JADLOWIEC, PETRARCA, ROBINSON, BARLEY,
SAURMAN, FAIRCHILD, KOSINSKI, VEON, LEH, RAYMOND, GEIST,
PITTS, KENNEY, MICOZZIE, CIVERA, J. TAYLOR, BATTISTO,
KRUSZEWSKI, S. H. SMITH, TRELLO, MAIALE, CLARK, DEMPSEY,
BELARDI, FARGO, PETRONE, ADOLPH, MELIO, SERAFINI,
STRITTMATTER, BILLOW, FLICK, CESSAR, E. Z. TAYLOR, JAMES AND
TELEK, APRIL 8, 1991
REFERRED TO COMMITTEE ON TRANSPORTATION, APRIL 8, 1991
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for accidents involving death or
3 personal injury.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 3742 of Title 75 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 3742. Accidents involving death or personal injury.
9 (a) General rule.--The driver of any vehicle involved in an
10 accident resulting in injury or death of any person shall
11 immediately stop the vehicle at the scene of the accident or as
12 close thereto as possible but shall then forthwith return to and
13 in every event shall remain at the scene of the accident until
14 he has fulfilled the requirements of section 3744 (relating to
15 duty to give information and render aid). Every stop shall be
1 made without obstructing traffic more than is necessary.
2 (a.1) Duty to report to police.--In addition to fulfilling
3 the requirements of subsection (a), the driver of a vehicle
4 involved in an accident resulting in serious bodily injury or
5 death shall make a report in person to a duly authorized police
6 officer immediately after fulfilling the requirements of
7 subsection (a) unless he has already done so in fulfilling those
8 requirements or unless he has suffered a serious bodily injury
9 which precludes his making a report to the police.
10 (b) Penalties.--
11 (1) Except as otherwise provided in this section, any
12 person violating this section commits a misdemeanor of the
13 third degree.
14 [(2) If the victim suffers serious bodily injury or
15 death, any person violating subsection (a) commits a
16 misdemeanor of the first degree.
17 (3) If the violation of subsection (a) materially
18 contributes to any serious bodily injury suffered by the
19 victim, any person violating subsection (a) commits a
20 misdemeanor of the first degree and shall, upon conviction,
21 be sentenced to pay a fine of not more than $10,000 and to
22 imprisonment for not less than 90 days nor more than five
23 years.
24 (4) If the violation of subsection (a) materially
25 contributes to the death of the victim, any person violating
26 subsection (a) commits a felony of the third degree and
27 shall, upon conviction, be sentenced to pay a fine of not
28 more than $15,000 and to imprisonment for not less than one
29 year nor more than seven years.]
30 (2) If the driver of a vehicle involved in an accident
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1 in which a victim suffers serious bodily injury violates
2 subsection (a.1), he commits a misdemeanor of the first
3 degree and shall, upon conviction, be sentenced to pay a fine
4 of not more than $10,000 and to imprisonment for not less
5 than 90 days nor more than five years.
6 (3) If the driver of a vehicle involved in an accident
7 in which a victim dies violates subsection (a.1), he commits
8 a felony of the third degree and shall, upon conviction, be
9 sentenced to pay a fine of not more than $15,000 and to
10 imprisonment for not less than three years nor more than
11 seven years.
12 (c) Authority of sentencing court.--There shall be no
13 authority in any court to impose on an offender to which this
14 section is applicable any lesser sentence than provided for in
15 subsection [(b)(3) or (4)] (b)(2) or (3) or to place such
16 offender on probation or to suspend sentence. Sentencing
17 guidelines promulgated by the Pennsylvania Commission on
18 Sentencing shall not supersede the mandatory sentences provided
19 in this section.
20 (d) Definitions.--As used in this section, the term "serious
21 bodily injury" means any bodily injury which creates a
22 substantial risk of death or which causes serious, permanent
23 disfigurement or protracted loss or impairment of the function
24 of any bodily member or organ.
25 Section 2. This act shall take effect in 60 days.
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