THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY MUNDY, REED, BELFANTI, BRENNAN, CARROLL, CRUZ, FLECK, GEIST, GINGRICH, HORNAMAN, JOSEPHS, KIRKLAND, KORTZ, LEVDANSKY, MANN, MELIO, MILLARD, MILLER, MOUL, MURT, M. O'BRIEN, O'NEILL, PAYNE, PYLE, READSHAW, ROAE, SIPTROTH, K. SMITH, SOLOBAY, STABACK, STERN, SWANGER, THOMAS, TRUE, VULAKOVICH AND WALKO, FEBRUARY 10, 2009

REFERRED TO COMMITTEE ON TRANSPORTATION, FEBRUARY 10, 2009  

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, further providing for accidents involving death or

personal injury.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 3742 of Title 75 of the Pennsylvania

Consolidated Statutes 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] second 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.

(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.

(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 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.

(d)  Definitions.--As used in this section, the term "serious

bodily injury" means any bodily injury which creates a

substantial risk of death or which causes serious, permanent

disfigurement or protracted loss or impairment of the function

of any bodily member or organ.

Section 2.  This act shall take effect in 60 days.