PRINTER'S NO. 234
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
276
Session of
2017
INTRODUCED BY MULLERY, MURT, CALTAGIRONE, MILLARD, LONGIETTI,
V. BROWN, SCHLOSSBERG, READSHAW, D. COSTA, PASHINSKI, TOOHIL,
KAVULICH AND KORTZ, JANUARY 31, 2017
REFERRED TO COMMITTEE ON TRANSPORTATION, JANUARY 31, 2017
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in financial responsibility, further providing for
election of tort options.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1705(d)(1) of Title 75 of the
Pennsylvania Consolidated Statutes is amended to read:
ยง 1705. Election of tort options.
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(d) Limited tort alternative.--Each person who elects the
limited tort alternative remains eligible to seek compensation
for economic loss sustained in a motor vehicle accident as the
consequence of the fault of another person pursuant to
applicable tort law. Unless the injury sustained is a serious
injury, each person who is bound by the limited tort election
shall be precluded from maintaining an action for any
noneconomic loss, except that:
(1) An individual otherwise bound by the limited tort
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election who sustains damages in a motor vehicle accident as
the consequence of the fault of another person may recover
damages as if the individual damaged had elected the full
tort alternative whenever the person at fault:
(i) is convicted or accepts Accelerated
Rehabilitative Disposition (ARD) for driving under the
influence of alcohol or a controlled substance in that
accident;
(i.1) is deceased as a result of the motor vehicle
accident and any of the following:
(A) the alcohol concentration in the
individual's blood was at least 0.08%; or
(B) there was in the individual's blood any
amount of a:
(I) Schedule I controlled substance as
defined in the act of April 14, 1972 (P.L.233,
No.64), known as The Controlled Substance, Drug,
Device and Cosmetic Act;
(II) Schedule II or Schedule III controlled
substance as defined in The Controlled Substance,
Drug, Device and Cosmetic Act that has not been
medically prescribed for the individual; or
(III) metabolite of a substance under
subclause (I) or (II).
(ii) is operating a motor vehicle registered in
another state;
(iii) intends to injure himself or another person,
provided that an individual does not intentionally injure
himself or another person merely because his act or
failure to act is intentional or done with his
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realization that it creates a grave risk of causing
injury or the act or omission causing the injury is for
the purpose of averting bodily harm to himself or another
person; or
(iv) has not maintained financial responsibility as
required by this chapter, provided that nothing in this
paragraph shall affect the limitation of section 1731(d)
(2) (relating to availability, scope and amount of
coverage).
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Section 2. This act shall take effect in 60 days.
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