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, VULAKOVICH, BEYER AND HENNESSEY, FEBRUARY 8, 2010

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, APRIL 28, 2010   

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, further providing for definitions,; providing for

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permissible argument as to amount of damages; further

providing for duty of driver in emergency response areas, for

careless driving, for snow and ice dislodged or falling from

moving vehicle and for sentencing for homicide by vehicle;

providing for the offense of aggravated assault by vehicle; 

further providing for aggravated assault by vehicle while

driving under the influence, for accident involving death or

personal injury while not properly licensed and for accident

scene clearance; 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 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 1.1.  Title 75 is amended by adding a section to

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read:

§ 1794.1.  Permissible argument as to amount of damages.

(a)  General rule.--In any action for damages against a

tortfeasor, or in any uninsured or underinsured motorist

proceeding, arising out of the maintenance or use of a motor

vehicle and tried before a judge, jury or other tribunal, a

party may make any of the following arguments during closing

argument if the party complied with subsection (b) or if the

judge, jury or other tribunal has requested that the argument be

made:

(1)  Specifically argue in lump sums or by mathematical

formula the amount the party deems to be the appropriate

award for all past and future economic damages, noneconomic

damages, or both, claimed to be recoverable.

(2)  Argue that an award of zero damages is appropriate,

even if there is a finding of liability against the

defendant.

(b)  Disclosure.--The following shall apply:

(1)  Except as provided under paragraph (2), a party may

not argue specific award amounts by lump sum or mathematical

formula as provided under subsection (a), unless the party

first discloses to the court and opposing counsel, prior to

the presentation of closing arguments, that the party intends

to argue specific award amounts under subsection (a).

(2)  Notwithstanding paragraph (1), arguments as to an

appropriate award amount for economic damages may be made

without notice to opposing counsel or the court if evidence

supporting an award for economic damages has been admitted

into evidence at trial.

(c)  Facts and evidence.--Nothing in this section shall be

construed to prevent a defendant from arguing that the facts and

evidence admitted at trial support a finding of no liability.

(d)  Jury instruction.--In a civil action tried before a

jury, if an appropriate award amount is specifically argued

during closing arguments as provided for under subsection (a),

the trial court shall instruct the jury that specific award

amounts argued are not evidence but only the argument of a party

and that the determination of the amount of damages to be

awarded, if any, is solely for the jury's determination.

Section 2.  Sections 3327(b.1) and (f), 3714(d), 3720 and 

3732(b) of Title 75 are amended to read:

§ 3327.  Duty of driver in emergency response areas.

* * *

(b.1)  Suspension of operating privilege.--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 a preadjudication

program for a violation of subsection (a), if the certified

conviction indicates the violation resulted in serious bodily 

injury to another person. The license shall be surrendered in

accordance with section 1540 (relating to surrender of license).

* * *

(f)  [Definitions] Definition.--As used in this section, [the

following words and phrases shall have the meanings given to

them in this subsection:

"Emergency response area."  The] the term "emergency response

area" means 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

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the emergency vehicle is making use of visual signals meeting

the requirements of Subchapter D of Chapter 45.

["Emergency service responder."  An individual acting in an

official capacity as police officer, sheriff, deputy sheriff,

coroner, deputy coroner, firefighter, fire police, fire marshal,

medical examiner, deputy medical examiner, rescue personnel,

ambulance personnel, towing and recovery personnel, highway

maintenance and construction personnel, hazardous material

response team member or emergency medical service personnel.

"Serious injury."  A personal injury resulting in death,

serious impairment of body function or permanent serious

disfigurement.]

§ 3714.  Careless driving.

* * *

[(d)  Definition.--As used in this section, "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.]

§ 3720.  Snow and ice dislodged or falling from moving vehicle.

When snow or ice is dislodged or falls from a moving vehicle

and strikes another vehicle or pedestrian causing death or

serious bodily injury [as defined in section 3742 (relating to

accidents involving death or personal injury)], the operator of

the vehicle from which the snow or ice is dislodged or falls

shall be subject to a fine of not less than $200 nor more than

$1,000 for each offense.

§ 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 [as defined in section 102 (relating to definitions)].

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

a person convicted of a violation of subsection (a) as the

result of a violation of section 3325 (relating to duty of

driver on approach of emergency vehicle) or 3327 (relating to

duty of driver in emergency response areas) and who is

convicted of violating section 3325 or 3327 may be sentenced

to an additional term not to exceed five years' confinement

when the violation resulted in death.

(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 [as defined in section 102] or was the

result of a violation of section 3325 or 3327.

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.

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

person convicted of a violation of subsection (a) as the

result of a violation of section 3325 (relating to duty of

driver on approach of emergency vehicle) or 3327 (relating to

duty of driver in emergency response areas) and who is

convicted of violating section 3325 or 3327 may be sentenced

to an additional term not to exceed two years' confinement

when the violation resulted in serious bodily injury.

(3)  The prosecution must indicate intent to proceed

under this section in the indictment or information which

commences the prosecution.

(4)  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 was the result of a violation of

section 3325 or 3327.

Section 4.  Sections 3735.1(b), 3742(d), 3742.1(c) and

3745.1(a) of Title 75 are amended to read:

§ 3735.1.  Aggravated assault by vehicle while driving under the

influence.

* * *

[(b)  Definition.--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.]

§ 3742.  Accidents involving death or personal injury.

* * *

[(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.]

§ 3742.1.  Accidents involving death or personal injury while

not properly licensed.

* * *

[(c)  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.]

§ 3745.1.  Accident scene clearance.

(a)  General rule.--Notwithstanding any other provision of

law to the contrary, the driver of any vehicle in an accident

that does not result in apparent serious bodily injury or death

shall immediately remove the vehicle from the roadway to a safe

refuge on the shoulder, emergency lane or median or to a place

otherwise removed from the roadway whenever, in the judgment of

the driver:

(1)  The motor vehicle does not require towing and can be

normally and safely driven under its own power in its

customary manner without further damage or hazard to the

motor vehicle, traffic elements or the roadway.

(2)  The motor vehicle can be moved safely.

* * *

Section 5.  This act shall take effect in 60 days. as

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follows:

(1)  This section shall take effect immediately.

(2)  The addition of 75 Pa.C.S. § 1794.1 shall take

effect in 30 days.

(3)  The remainder of this act shall take effect in 60

days.