PRINTER'S NO. 3819
No. 2769 Session of 1998
INTRODUCED BY WAUGH, SAYLOR, MASLAND, WILT, COY, B. SMITH,
BOSCOLA, ZUG, FICHTER, MAYERNIK, M. N. WRIGHT, BELARDI,
CARONE, SCHRODER, ROSS, SEYFERT, BARRAR, CASORIO, GEIST,
READSHAW, TRELLO, HENNESSEY, FEESE, FLEAGLE, PLATTS, HARHAI,
MAHER, DENT, McNAUGHTON, LEDERER, GRUPPO, E. Z. TAYLOR,
WALKO, MILLER, SATHER, BENNINGHOFF, THOMAS AND HUTCHINSON,
SEPTEMBER 14, 1998
REFERRED TO COMMITTEE ON TRANSPORTATION, SEPTEMBER 14, 1998
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for homicide by vehicle; and
3 providing for injury by vehicle of authorized persons
4 directing traffic.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 3732 of Title 75 of the Pennsylvania
8 Consolidated Statutes is amended to read:
9 § 3732. Homicide by vehicle.
10 [Any] (a) General rule.--Except as provided for in
11 subsection (b), any person who unintentionally causes the death
12 of another person while engaged in the violation of any law of
13 this Commonwealth or municipal ordinance applying to the
14 operation or use of a vehicle or to the regulation of traffic
15 except section 3731 (relating to driving under influence of
16 alcohol or controlled substance) is guilty of homicide by
1 vehicle, a misdemeanor of the first degree, when the violation
2 is the cause of death.
3 (b) Authorized person directing traffic.--Any person engaged
4 in the violation of any law of this Commonwealth or municipal
5 ordinance applying to the operation or use of a vehicle or to
6 the regulation of traffic except section 3731 who
7 unintentionally causes the death of an authorized person
8 directing traffic is guilty of homicide by vehicle, a felony of
9 the third degree, when the violation is the cause of death.
10 (c) Definition.--For purposes of this section, the term
11 "authorized person directing traffic" includes, but not is not
12 limited to, a uniformed police officer, sheriff or deputy
13 sheriff, constable, fire police officer and school crossing
14 guard.
15 Section 2. Title 75 is amended by adding a section to read:
16 § 3732.1. Injury by vehicle of authorized persons directing
17 traffic.
18 (a) Offense.--Any person who negligently causes serious
19 bodily injury to an authorized person directing traffic while
20 engaged in the violation of any law of this Commonwealth or
21 municipal ordinance applying to the operation or use of a
22 vehicle or to the regulation of traffic except section 3731
23 (relating to driving under influence of alcohol or controlled
24 substance) commits the offense of injury by vehicle, a
25 misdemeanor of the second degree, when the violation is the
26 cause of the injury.
27 (b) Definitions.--As used in this section, the following
28 words and phrases shall have the meanings given to them in this
29 subsection:
30 "Authorized person directing traffic." The term includes,
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1 but is not limited to, a uniformed police officer, sheriff or
2 deputy sheriff, constable, fire police officer or school
3 crossing guard.
4 "Serious bodily injury." Any bodily injury which creates a
5 substantial risk of death or which causes serious, permanent
6 disfigurement or protracted loss or impairment of the function
7 of any bodily member or organ.
8 Section 3. This act shall take effect in 60 days.
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