PRIOR PRINTER'S NO. 2940 PRINTER'S NO. 3057
No. 2136 Session of 2005
INTRODUCED BY KENNEY, CORRIGAN, ROONEY, ARMSTRONG, BASTIAN,
BEBKO-JONES, BELARDI, CALTAGIRONE, CAPPELLI, CRAHALLA,
CREIGHTON, DeLUCA, GEIST, GEORGE, GINGRICH, GOOD, GOODMAN,
GRUCELA, HARRIS, HERSHEY, HESS, KAUFFMAN, KILLION, LEVDANSKY,
MANN, MARKOSEK, McILHATTAN, R. MILLER, O'NEILL, PAYNE,
PHILLIPS, PYLE, RAYMOND, READSHAW, RUBLEY, SCHRODER,
B. SMITH, SOLOBAY, SONNEY, STABACK, TANGRETTI, E. Z. TAYLOR,
THOMAS, TIGUE, TRUE, WATSON, WILT, WOJNAROSKI, YOUNGBLOOD,
BOYD, McCALL, HARPER AND FRANKEL, OCTOBER 25, 2005
AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, NOVEMBER 2, 2005
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for penalties AND SENTENCING for <--
3 accidents involving death or personal injury.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 3742(b) of Title 75 of the Pennsylvania
7 Consolidated Statutes is amended AND THE SECTION IS AMENDED BY <--
8 ADDING SUBSECTIONS to read:
9 § 3742. Accidents involving death or personal injury.
10 * * *
11 (b) Penalties.--
12 (1) Except as otherwise provided in this section, any
13 person violating this section commits a misdemeanor of the
14 first degree; and the sentencing court shall order the person
1 to pay a fine of not less than $300 and serve a minimum term
2 of imprisonment of not less than 48 consecutive hours.
3 (2) If the victim suffers serious bodily injury, any
4 person violating subsection (a) commits a felony of the third
5 degree, and the sentencing court shall order the person to
6 serve a minimum term of imprisonment of not less than 90 days
7 and a mandatory minimum fine of $1,000, notwithstanding any
8 other provision of law.
9 (3) If the victim dies, any person violating subsection
10 (a) commits a felony of the [third] second degree, and the
11 sentencing court shall order the person to serve a minimum
12 term of imprisonment of not less than [one year] three years
13 and a mandatory minimum fine of [$2,500, notwithstanding any
14 other provision of law.] $5,000. An additional fine and term
15 of imprisonment under this paragraph shall be imposed for
16 each victim whose death is the result of the violation of
17 subsection (a).
18 * * *
19 (C.1) NOTICE.--REASONABLE NOTICE OF THE COMMONWEALTH'S <--
20 INTENTION TO PROCEED UNDER THE MANDATORY SENTENCING PROVISIONS
21 OF THIS SECTION SHALL BE PROVIDED AFTER CONVICTION AND BEFORE
22 SENTENCING.
23 (C.2) MANDATORY SENTENCING.--THERE SHALL BE NO AUTHORITY IN
24 ANY COURT TO IMPOSE ON AN OFFENDER A LESSER SENTENCE WHERE
25 NOTICE HAS BEEN PROVIDED PURSUANT TO SUBSECTION (C.1).
26 SENTENCING GUIDELINES PROMULGATED BY THE PENNSYLVANIA COMMISSION
27 ON SENTENCING SHALL NOT SUPERSEDE THE MANDATORY SENTENCE
28 PROVIDED IN THIS SECTION.
29 (C.3) APPELLATE REVIEW.--IF A SENTENCING COURT REFUSES TO
30 APPLY THIS SECTION WHERE APPLICABLE, THE COMMONWEALTH SHALL HAVE
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1 THE RIGHT TO APPELLATE REVIEW OF THE ACTION OF THE SENTENCING
2 COURT. THE APPELLATE COURT SHALL VACATE THE SENTENCE AND REMAND
3 THE CASE TO THE SENTENCING COURT FOR IMPOSITION OF A SENTENCE IN
4 ACCORDANCE WITH THIS SECTION IF IT FINDS THAT THE SENTENCE WAS
5 IMPOSED IN VIOLATION OF THIS SECTION.
6 * * *
7 Section 2. This act shall take effect in 60 days.
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