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                                                       PRINTER'S NO. 945

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 828 Session of 2007


        INTRODUCED BY KENNEY, REED, ADOLPH, PERZEL, GRUCELA, STABACK,
           GEIST, CREIGHTON, RAYMOND, YOUNGBLOOD, NAILOR, ROAE,
           BIANCUCCI, MANN, HERSHEY, KIRKLAND, R. MILLER, CAPPELLI,
           PYLE, JAMES, COX, TRUE, MILLARD, PAYNE, WATSON, KOTIK,
           J. TAYLOR, McILHATTAN, RUBLEY, PHILLIPS, THOMAS, O'NEILL,
           FRANKEL, MENSCH, SCAVELLO, HESS, GINGRICH, REICHLEY, HARRIS,
           SOLOBAY, SONNEY, KILLION, DONATUCCI, VULAKOVICH AND BASTIAN,
           MARCH 19, 2007

        REFERRED TO COMMITTEE ON JUDICIARY, MARCH 19, 2007

                                     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.--]Injury.--The driver of any vehicle
    10  involved in an accident resulting in injury [or death] of any
    11  person shall immediately stop the vehicle at the scene of the
    12  accident or as close thereto as possible but shall then
    13  forthwith return to and in every event shall remain at the scene
    14  of the accident until he has fulfilled the requirements of
    15  section 3744 (relating to duty to give information and render


     1  aid). Every stop shall be made without obstructing traffic more
     2  than is necessary.
     3     (a.1)  Serious bodily injury.--The driver of any vehicle
     4  involved in an accident resulting in serious bodily injury of
     5  any person shall immediately stop the vehicle at the scene of
     6  the accident or as close thereto as possible but shall then
     7  return to and in every event shall remain at the scene of the
     8  accident until he has fulfilled the requirements of section
     9  3744. Every stop shall be made without obstructing traffic more
    10  than is necessary.
    11     (a.2)  Death.--The driver of any vehicle involved in an
    12  accident resulting in death of any person shall immediately stop
    13  the vehicle at the scene of the accident or as close thereto as
    14  possible but shall then return to and in every event shall
    15  remain at the scene of the accident until he has fulfilled the
    16  requirements of section 3744. Every stop shall be made without
    17  obstructing traffic more than is necessary.
    18     (b)  Penalties.--
    19         [(1)  Except as otherwise provided in this section, any
    20     person violating this section commits a misdemeanor of the
    21     first degree.
    22         (2)  If the victim suffers serious bodily injury, any
    23     person violating subsection (a) commits a felony of the third
    24     degree, and the sentencing court shall order the person to
    25     serve a minimum term of imprisonment of not less than 90 days
    26     and a mandatory minimum fine of $1,000, notwithstanding any
    27     other provision of law.
    28         (3)  If the victim dies, any person violating subsection
    29     (a) commits a felony of the third degree, and the sentencing
    30     court shall order the person to serve a minimum term of
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     1     imprisonment of not less than one year and a mandatory
     2     minimum fine of $2,500, notwithstanding any other provision
     3     of law.]
     4         (1.1)  A person who violates subsection (a) commits a
     5     misdemeanor of the first degree and shall, upon conviction,
     6     be sentenced to pay a fine of not less than $300 and to a
     7     minimum term of imprisonment of not less than 48 hours.
     8         (2.1)  A person who violates subsection (a.1) commits a
     9     felony of the third degree and shall, upon conviction, be
    10     sentenced to pay a mandatory minimum fine of $1,000 and to a
    11     minimum term of imprisonment of not less than 90 days.
    12         (3.1)  A person who violates subsection (a.2) commits a
    13     felony of the second degree and shall, upon conviction, be
    14     sentenced to pay a mandatory minimum fine of $5,000 and to a
    15     minimum term of imprisonment of not less than three years. An
    16     additional fine and term of imprisonment under this paragraph
    17     shall be imposed for each victim whose death is the result of
    18     the violation of subsection (a.2).
    19     (c)  Authority of sentencing court.--There shall be no
    20  authority in any court to impose on an offender to which this
    21  section is applicable any lesser sentence than provided for in
    22  subsection [(b)(2) or (3)] (b) or to place such offender on
    23  probation or to suspend sentence. Sentencing guidelines
    24  promulgated by the Pennsylvania Commission on Sentencing shall
    25  not supersede the mandatory sentences provided in this section.
    26     (c.1)  Appellate review.--If a sentencing court refuses to
    27  apply this section where applicable, the Commonwealth shall have
    28  the right to appellate review of the action of the sentencing
    29  court. The appellate court shall vacate the sentence and remand
    30  the case to the sentencing court for imposition of a sentence in
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     1  accordance with this section if it finds that the sentence was
     2  imposed in violation of this section.
     3     (d)  Definitions.--As used in this section, the term "serious
     4  bodily injury" means any bodily injury which creates a
     5  substantial risk of death or which causes serious, permanent
     6  disfigurement or protracted loss or impairment of the function
     7  of any bodily member or organ.
     8     Section 2.  This act shall take effect in 60 days.















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