THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY TALLMAN, READSHAW, BARRAR, BELFANTI, BOBACK, D. COSTA, EVERETT, FABRIZIO, FARRY, GEORGE, GILLESPIE, GROVE, HESS, HICKERNELL, HORNAMAN, KNOWLES, KORTZ, MARSHALL, MATZIE, MILLARD, MILLER, MOUL, MURT, OBERLANDER, PASHINSKI, ROAE, SAYLOR, SIPTROTH, SOLOBAY, SWANGER, J. TAYLOR AND VULAKOVICH, FEBRUARY 8, 2010

REFERRED TO COMMITTEE ON TRANSPORTATION, FEBRUARY 8, 2010  

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, further providing for definitions and for

sentencing for homicide by vehicle; providing for the offense

of aggravated assault by vehicle; and imposing penalties.

RESOLVED, That this act may be referred to as the Sgt.

Michael C. Weigand Law.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 102 of Title 75 of the Pennsylvania

Consolidated Statutes is amended by adding definitions to read:

§ 102.  Definitions.

Subject to additional definitions contained in subsequent

provisions of this title which are applicable to specific

provisions of this title, the following words and phrases when

used in this title shall have, unless the context clearly

indicates otherwise, the meanings given to them in this section:

* * *

"Emergency medical services personnel."  Includes, but is not

limited to, the following persons while working within the scope

of their employment:

(1)  Doctors.

(2)  Residents.

(3)  Interns.

(4)  Registered nurses.

(5)  Licensed practical nurses.

(6)  Nurse aides.

(7)  Ambulance attendants and operators.

(8)  Paramedics.

(9)  Emergency medical technicians.

(10)  Members of a hospital security force.

"Emergency service responder."  An individual acting in an

official capacity as any of the following:

(1)  A police officer.

(2)  A sheriff or deputy sheriff.

(3)  A coroner or deputy coroner.

(4)  A firefighter.

(5)  Fire police.

(6)  A fire marshal.

(7)  A medical examiner or deputy medical examiner.

(8)  Rescue personnel.

(9)  Ambulance personnel.

(10)  Towing and recovery personnel.

(11)  Highway maintenance and construction personnel.

(12)  Hazardous material response team member.

(13)  Emergency medical services personnel.

* * *

"Serious bodily injury."  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.  Section 3732(b) of Title 75 is amended to read:

§ 3732.  Homicide by vehicle.

* * *

(b)  Sentencing.--

(1)  In addition to any other penalty provided by law, a

person convicted of a violation of subsection (a) may be

sentenced to an additional term not to exceed five years'

confinement if at trial the prosecution proves beyond a

reasonable doubt that the offense occurred in an active work

zone or the victim was an emergency service responder as

defined in section 102 (relating to definitions).

(2)  The prosecution must indicate intent to proceed

under this section in the indictment or information which

commences the prosecution.

(3)  The Pennsylvania Commission on Sentencing, pursuant

to 42 Pa.C.S. § 2154 (relating to adoption of guidelines for

sentencing), shall provide for a sentencing enhancement for

an offense under this section when the violation occurred in

an active work zone or the victim was an emergency service

responder as defined in section 102.

Section 3.  Title 75 is amended by adding a section to read:

§ 3732.1.  Aggravated assault by vehicle.

(a)  Offense.--Any person who recklessly or with gross

negligence causes serious bodily injury to another person while

engaged in the violation of any law of this Commonwealth or

municipal ordinance applying to the operation or use of a

vehicle or to the regulation of traffic, except section 3802

(relating to driving under influence of alcohol or controlled

substance), is guilty of aggravated assault by vehicle, a felony

of the third degree when the violation is the cause of the

injury.

(b)  Sentencing.--

(1)  In addition to any other penalty provided by law, a

person convicted of a violation of subsection (a) may be

sentenced to an additional term not to exceed two years'

confinement if at trial the prosecution proves beyond a

reasonable doubt that the offense occurred in an active work

zone or the victim was an emergency service responder.

(2)  The prosecution must indicate intent to proceed

under this section in the indictment or information which

commences the prosecution.

(3)  The Pennsylvania Commission on Sentencing, under 42

Pa.C.S. § 2154 (relating to adoption of guidelines for

sentencing), shall provide for a sentencing enhancement for

an offense under this section when the violation occurred in

an active work zone or the victim was an emergency service

responder.

Section 4.  This act shall take effect in 60 days.