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| PRIOR PRINTER'S NOS. 3188, 3629 | PRINTER'S NO. 3657 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| 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 |
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| AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, APRIL 28, 2010 |
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| AN ACT |
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1 | Amending Title 75 (Vehicles) of the Pennsylvania Consolidated |
2 | Statutes, further providing for definitions,; providing for | <-- |
3 | permissible argument as to amount of damages; further |
4 | providing for duty of driver in emergency response areas, for |
5 | careless driving, for snow and ice dislodged or falling from |
6 | moving vehicle and for sentencing for homicide by vehicle; |
7 | providing for the offense of aggravated assault by vehicle; |
8 | further providing for aggravated assault by vehicle while |
9 | driving under the influence, for accident involving death or |
10 | personal injury while not properly licensed and for accident |
11 | scene clearance; and imposing penalties. |
12 | RESOLVED, That this act may be referred to as the Sgt. |
13 | Michael C. Weigand Law. |
14 | The General Assembly of the Commonwealth of Pennsylvania |
15 | hereby enacts as follows: |
16 | Section 1. Section 102 of Title 75 of the Pennsylvania |
17 | Consolidated Statutes is amended by adding definitions to read: |
18 | § 102. Definitions. |
19 | Subject to additional definitions contained in subsequent |
20 | provisions of this title which are applicable to specific |
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1 | provisions of this title, the following words and phrases when |
2 | used in this title shall have, unless the context clearly |
3 | indicates otherwise, the meanings given to them in this section: |
4 | * * * |
5 | "Emergency service responder." An individual acting in an |
6 | official capacity as any of the following: |
7 | (1) A police officer. |
8 | (2) A sheriff or deputy sheriff. |
9 | (3) A coroner or deputy coroner. |
10 | (4) A firefighter. |
11 | (5) Fire police. |
12 | (6) A fire marshal. |
13 | (7) A medical examiner or deputy medical examiner. |
14 | (8) Rescue personnel. |
15 | (9) Ambulance personnel. |
16 | (10) Towing and recovery personnel. |
17 | (11) Highway maintenance and construction personnel. |
18 | (12) Hazardous material response team member. |
19 | (13) Emergency medical services personnel. |
20 | * * * |
21 | "Serious bodily injury." Any bodily injury which creates a |
22 | substantial risk of death or which causes serious, permanent |
23 | disfigurement or protracted loss or impairment of the function |
24 | of any bodily member or organ. |
25 | Section 1.1. Title 75 is amended by adding a section to | <-- |
26 | read: |
27 | § 1794.1. Permissible argument as to amount of damages. |
28 | (a) General rule.--In any action for damages against a |
29 | tortfeasor, or in any uninsured or underinsured motorist |
30 | proceeding, arising out of the maintenance or use of a motor |
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1 | vehicle and tried before a judge, jury or other tribunal, a |
2 | party may make any of the following arguments during closing |
3 | argument if the party complied with subsection (b) or if the |
4 | judge, jury or other tribunal has requested that the argument be |
5 | made: |
6 | (1) Specifically argue in lump sums or by mathematical |
7 | formula the amount the party deems to be the appropriate |
8 | award for all past and future economic damages, noneconomic |
9 | damages, or both, claimed to be recoverable. |
10 | (2) Argue that an award of zero damages is appropriate, |
11 | even if there is a finding of liability against the |
12 | defendant. |
13 | (b) Disclosure.--The following shall apply: |
14 | (1) Except as provided under paragraph (2), a party may |
15 | not argue specific award amounts by lump sum or mathematical |
16 | formula as provided under subsection (a), unless the party |
17 | first discloses to the court and opposing counsel, prior to |
18 | the presentation of closing arguments, that the party intends |
19 | to argue specific award amounts under subsection (a). |
20 | (2) Notwithstanding paragraph (1), arguments as to an |
21 | appropriate award amount for economic damages may be made |
22 | without notice to opposing counsel or the court if evidence |
23 | supporting an award for economic damages has been admitted |
24 | into evidence at trial. |
25 | (c) Facts and evidence.--Nothing in this section shall be |
26 | construed to prevent a defendant from arguing that the facts and |
27 | evidence admitted at trial support a finding of no liability. |
28 | (d) Jury instruction.--In a civil action tried before a |
29 | jury, if an appropriate award amount is specifically argued |
30 | during closing arguments as provided for under subsection (a), |
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1 | the trial court shall instruct the jury that specific award |
2 | amounts argued are not evidence but only the argument of a party |
3 | and that the determination of the amount of damages to be |
4 | awarded, if any, is solely for the jury's determination. |
5 | Section 2. Sections 3327(b.1) and (f), 3714(d), 3720 and |
6 | 3732(b) of Title 75 are amended to read: |
7 | § 3327. Duty of driver in emergency response areas. |
8 | * * * |
9 | (b.1) Suspension of operating privilege.--The department |
10 | shall suspend the operating privilege of any person for 90 days |
11 | upon receiving a certified record of the driver's conviction, |
12 | adjudication of delinquency or admission into a preadjudication |
13 | program for a violation of subsection (a), if the certified |
14 | conviction indicates the violation resulted in serious bodily |
15 | injury to another person. The license shall be surrendered in |
16 | accordance with section 1540 (relating to surrender of license). |
17 | * * * |
18 | (f) [Definitions] Definition.--As used in this section, [the |
19 | following words and phrases shall have the meanings given to |
20 | them in this subsection: |
21 | "Emergency response area." The] the term "emergency response |
22 | area" means the area in which emergency service responders |
23 | render emergency assistance to individuals on or near a roadway |
24 | or a police officer is conducting a traffic stop or systematic |
25 | check of vehicles or controlling or directing traffic as long as | <-- |
26 | the emergency vehicle is making use of visual signals meeting |
27 | the requirements of Subchapter D of Chapter 45. |
28 | ["Emergency service responder." An individual acting in an |
29 | official capacity as police officer, sheriff, deputy sheriff, |
30 | coroner, deputy coroner, firefighter, fire police, fire marshal, |
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1 | medical examiner, deputy medical examiner, rescue personnel, |
2 | ambulance personnel, towing and recovery personnel, highway |
3 | maintenance and construction personnel, hazardous material |
4 | response team member or emergency medical service personnel. |
5 | "Serious injury." A personal injury resulting in death, |
6 | serious impairment of body function or permanent serious |
7 | disfigurement.] |
8 | § 3714. Careless driving. |
9 | * * * |
10 | [(d) Definition.--As used in this section, "serious bodily |
11 | injury" means any bodily injury which creates a substantial risk |
12 | of death or which causes serious, permanent disfigurement or |
13 | protracted loss or impairment of the function of any bodily |
14 | member or organ.] |
15 | § 3720. Snow and ice dislodged or falling from moving vehicle. |
16 | When snow or ice is dislodged or falls from a moving vehicle |
17 | and strikes another vehicle or pedestrian causing death or |
18 | serious bodily injury [as defined in section 3742 (relating to |
19 | accidents involving death or personal injury)], the operator of |
20 | the vehicle from which the snow or ice is dislodged or falls |
21 | shall be subject to a fine of not less than $200 nor more than |
22 | $1,000 for each offense. |
23 | § 3732. Homicide by vehicle. |
24 | * * * |
25 | (b) Sentencing.-- |
26 | (1) In addition to any other penalty provided by law, a |
27 | person convicted of a violation of subsection (a) may be |
28 | sentenced to an additional term not to exceed five years' |
29 | confinement if at trial the prosecution proves beyond a |
30 | reasonable doubt that the offense occurred in an active work |
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1 | zone [as defined in section 102 (relating to definitions)]. |
2 | (1.1) In addition to any other penalty provided by law, |
3 | a person convicted of a violation of subsection (a) as the |
4 | result of a violation of section 3325 (relating to duty of |
5 | driver on approach of emergency vehicle) or 3327 (relating to |
6 | duty of driver in emergency response areas) and who is |
7 | convicted of violating section 3325 or 3327 may be sentenced |
8 | to an additional term not to exceed five years' confinement |
9 | when the violation resulted in death. |
10 | (2) The prosecution must indicate intent to proceed |
11 | under this section in the indictment or information which |
12 | commences the prosecution. |
13 | (3) The Pennsylvania Commission on Sentencing, pursuant |
14 | to 42 Pa.C.S. § 2154 (relating to adoption of guidelines for |
15 | sentencing), shall provide for a sentencing enhancement for |
16 | an offense under this section when the violation occurred in |
17 | an active work zone [as defined in section 102] or was the |
18 | result of a violation of section 3325 or 3327. |
19 | Section 3. Title 75 is amended by adding a section to read: |
20 | § 3732.1. Aggravated assault by vehicle. |
21 | (a) Offense.--Any person who recklessly or with gross |
22 | negligence causes serious bodily injury to another person while |
23 | engaged in the violation of any law of this Commonwealth or |
24 | municipal ordinance applying to the operation or use of a |
25 | vehicle or to the regulation of traffic, except section 3802 |
26 | (relating to driving under influence of alcohol or controlled |
27 | substance), is guilty of aggravated assault by vehicle, a felony |
28 | of the third degree when the violation is the cause of the |
29 | injury. |
30 | (b) Sentencing.-- |
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1 | (1) In addition to any other penalty provided by law, a |
2 | person convicted of a violation of subsection (a) may be |
3 | sentenced to an additional term not to exceed two years' |
4 | confinement if at trial the prosecution proves beyond a |
5 | reasonable doubt that the offense occurred in an active work |
6 | zone. |
7 | (2) In addition to any other penalty provided by law, a |
8 | person convicted of a violation of subsection (a) as the |
9 | result of a violation of section 3325 (relating to duty of |
10 | driver on approach of emergency vehicle) or 3327 (relating to |
11 | duty of driver in emergency response areas) and who is |
12 | convicted of violating section 3325 or 3327 may be sentenced |
13 | to an additional term not to exceed two years' confinement |
14 | when the violation resulted in serious bodily injury. |
15 | (3) The prosecution must indicate intent to proceed |
16 | under this section in the indictment or information which |
17 | commences the prosecution. |
18 | (4) The Pennsylvania Commission on Sentencing, under 42 |
19 | Pa.C.S. § 2154 (relating to adoption of guidelines for |
20 | sentencing), shall provide for a sentencing enhancement for |
21 | an offense under this section when the violation occurred in |
22 | an active work zone or was the result of a violation of |
23 | section 3325 or 3327. |
24 | Section 4. Sections 3735.1(b), 3742(d), 3742.1(c) and |
25 | 3745.1(a) of Title 75 are amended to read: |
26 | § 3735.1. Aggravated assault by vehicle while driving under the |
27 | influence. |
28 | * * * |
29 | [(b) Definition.--As used in this section, the term "serious |
30 | bodily injury" means any bodily injury which creates a |
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1 | substantial risk of death or which causes serious, permanent |
2 | disfigurement or protracted loss or impairment of the function |
3 | of any bodily member or organ.] |
4 | § 3742. Accidents involving death or personal injury. |
5 | * * * |
6 | [(d) Definitions.--As used in this section, the term |
7 | "serious bodily injury" means any bodily injury which creates a |
8 | substantial risk of death or which causes serious, permanent |
9 | disfigurement or protracted loss or impairment of the function |
10 | of any bodily member or organ.] |
11 | § 3742.1. Accidents involving death or personal injury while |
12 | not properly licensed. |
13 | * * * |
14 | [(c) Definitions.--As used in this section, the term |
15 | "serious bodily injury" means any bodily injury which creates a |
16 | substantial risk of death or which causes serious, permanent |
17 | disfigurement or protracted loss or impairment of the function |
18 | of any bodily member or organ.] |
19 | § 3745.1. Accident scene clearance. |
20 | (a) General rule.--Notwithstanding any other provision of |
21 | law to the contrary, the driver of any vehicle in an accident |
22 | that does not result in apparent serious bodily injury or death |
23 | shall immediately remove the vehicle from the roadway to a safe |
24 | refuge on the shoulder, emergency lane or median or to a place |
25 | otherwise removed from the roadway whenever, in the judgment of |
26 | the driver: |
27 | (1) The motor vehicle does not require towing and can be |
28 | normally and safely driven under its own power in its |
29 | customary manner without further damage or hazard to the |
30 | motor vehicle, traffic elements or the roadway. |
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1 | (2) The motor vehicle can be moved safely. |
2 | * * * |
3 | Section 5. This act shall take effect in 60 days. as | <-- |
4 | follows: |
5 | (1) This section shall take effect immediately. |
6 | (2) The addition of 75 Pa.C.S. § 1794.1 shall take |
7 | effect in 30 days. |
8 | (3) The remainder of this act shall take effect in 60 |
9 | days. |
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