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House Co-Sponsorship Memoranda
House of Representatives
Session of 2013 - 2014
Regular Session
MEMORANDUM
| Posted: | May 6, 2014 10:46 AM |
|---|---|
| From: | Representative Tarah Toohil |
| To: | All House members |
| Subject: | Kevin's Law |
| I ask my colleagues to join me in sponsoring “Kevin’s Law.” A recent tragedy in my district has once again exposed a major flaw in Pennsylvania law that gives drunk drivers an incentive to flee from the scene of a violent accident. In fact, it not only gives these individuals the incentive to flee a deadly accident that they have caused but it encourages them to leave the scene in order to be charged with a lesser criminal offense. Kevin Francis Miller, an innocent five year old little boy, was killed while crossing a street, holding his father's hand after a Christmas party on December 21, 2012. Kevin's mother, twin brother, and older brother witnessed this horrific violent act as it occurred. A 23 year old man had been drinking at a party prior to choosing to get into his vehicle and drive to a bar for more consumption of alcohol. However, on his way he struck and killed Kevin Miller while his family and another couple were simply crossing the street. There were a total of seven pedestrians in the street. The Defendant never stopped but instead accelerated his vehicle to flee the violence he had caused even though people ran after his car screaming at him to stop. The flaw in our Pennsylvania law encourages this despicable behavior by criminals. Under current law a drunk driver who kills someone faces a mandatory minimum penalty of three years in prison. But those who flee the scene of a violent accident normally can only be charged with fleeing the scene of a fatal crash. Instead of the three year mandatory minimum, this offense currently carries a mandatory minimum of only one year in prison. The incentive that this gives these offenders to flee the scene of an accident is a flaw in the law that must be mended. It is important to note that if, instead, a driver would stay at the scene and offer immediate medical help or call an ambulance then lives could be saved. My bill will change Pennsylvania law to make these penalties match so there is no incentive to flee. Under my bill, any individual who flees the scene of an accident after hitting an innocent victim will automatically serve a mandatory minimum of three years in prison, which is consistent with the vehicular homicide charge while DUI. Please join me in making “Kevin’s Law” a realty. Video Link: http://www.pahomepage.com/story/d/story/mother-makes-impassoned-plea-to-toughen-penalties/85345/joQ4Sea4TEWdWsO9WGS7Eg News Story Link: http://www.timesleader.com/news/local-news-news/1373393/Kevins-Law-petition-gathers-steam-online This bill was formerly introduced by Representative Dave Reed as HB 208/ Regular Session 2011-2012. The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the |