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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY STACK, RAFFERTY, KITCHEN, FONTANA, SOLOBAY, BREWSTER, ERICKSON, PIPPY, TARTAGLIONE, BROWNE, D. WHITE, FERLO AND FARNESE, MARCH 7, 2011 |
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| REFERRED TO TRANSPORTATION, MARCH 7, 2011 |
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| AN ACT |
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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, amended October 19, 2010 (P.L.557, |
8 | No.81), is amended to read: |
9 | § 3742. Accidents involving death or personal injury. |
10 | (a) General rule.--The driver of any vehicle involved in an |
11 | accident resulting in injury or death of any person shall |
12 | immediately stop the vehicle at the scene of the accident or as |
13 | close thereto as possible but shall then forthwith return to and |
14 | in every event shall remain at the scene of the accident until |
15 | he has fulfilled the requirements of section 3744 (relating to |
16 | duty to give information and render aid). Every stop shall be |
17 | made without obstructing traffic more than is necessary. |
18 | (b) Penalties.-- |
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1 | (1) Except as otherwise provided in this section, any |
2 | person violating this section commits a misdemeanor of the |
3 | first degree. |
4 | (2) If the victim suffers serious bodily injury, any |
5 | person violating subsection (a) commits a felony of the third |
6 | degree, and the sentencing court shall order the person to |
7 | serve a minimum term of imprisonment of not less than [90 |
8 | days] one year and a mandatory minimum fine of $1,000, |
9 | notwithstanding any other provision of law. |
10 | (3) If the victim dies, any person violating subsection |
11 | (a) commits a felony of the third degree, and the sentencing |
12 | court shall order the person to serve a minimum term of |
13 | imprisonment of not less than [one year] three years and a |
14 | mandatory minimum fine of $2,500, notwithstanding any other |
15 | provision of law. |
16 | (c) Authority of sentencing court.--There shall be no |
17 | authority in any court to impose on an offender to which this |
18 | section is applicable any lesser sentence than provided for in |
19 | subsection (b)(2) or (3) or to place such offender on probation |
20 | or to suspend sentence. Sentencing guidelines promulgated by the |
21 | Pennsylvania Commission on Sentencing shall not supersede the |
22 | mandatory sentences provided in this section. |
23 | Section 2. This act shall take effect in 60 days. |
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