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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY D. WHITE, RAFFERTY, LOGAN, HUGHES, O'PAKE, ORIE, FOLMER, TARTAGLIONE, CORMAN, WARD AND WOZNIAK, JULY 23, 2009 |
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| REFERRED TO TRANSPORTATION, JULY 23, 2009 |
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| AN ACT |
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1 | Amending Title 75 (Vehicles) of the Pennsylvania Consolidated |
2 | Statutes, further providing for accidents involving death or |
3 | personal injury and for subsequent convictions of certain |
4 | offenses. |
5 | The General Assembly of the Commonwealth of Pennsylvania |
6 | hereby enacts as follows: |
7 | Section 1. Sections 3742 and 6503(a) of Title 75 of the |
8 | Pennsylvania Consolidated Statutes are amended to read: |
9 | § 3742. Accidents involving death or personal injury. |
10 | (a) General rule.--The driver of any vehicle involved in an |
11 | accident resulting in injury or death of any person shall |
12 | immediately stop the vehicle at the scene of the accident or as |
13 | close thereto as possible but shall then forthwith return to and |
14 | in every event shall remain at the scene of the accident until |
15 | he has fulfilled the requirements of section 3744 (relating to |
16 | duty to give information and render aid). Every stop shall be |
17 | made without obstructing traffic more than is necessary. |
18 | (b) Penalties.-- |
19 | (1) Except as otherwise provided in this section, any |
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1 | person violating this section commits a misdemeanor of the |
2 | first degree. |
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. An additional fine and term of |
9 | imprisonment under this paragraph shall be imposed for each |
10 | victim. |
11 | (3) If the victim dies, any person violating subsection |
12 | (a) commits a felony of the [third] second degree, and the |
13 | sentencing court shall order the person to serve a minimum |
14 | term of imprisonment of not less than one year and a |
15 | mandatory minimum fine of $2,500, notwithstanding any other |
16 | provision of law. An additional fine and term of imprisonment |
17 | under this paragraph shall be imposed for each victim. |
18 | (b.1) Enhanced penalties.-- |
19 | (1) Except as otherwise provided in this subsection, any |
20 | person violating this section concurrently with a violation |
21 | of section 3802 (relating to driving under influence of |
22 | alcohol or controlled substance) and who is convicted of |
23 | violating section 3802 commits a felony of the third degree. |
24 | (2) If the victim suffers serious bodily injury, any |
25 | person violating subsection (a) concurrently with a violation |
26 | of section 3802 and who is convicted of violating section |
27 | 3802 commits a felony of the second degree, and the |
28 | sentencing court shall order the person to serve a minimum |
29 | term of imprisonment of not less than one year and to pay a |
30 | mandatory fine of $2,500, notwithstanding any other provision |
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1 | of law. An additional fine and term of imprisonment under |
2 | this paragraph shall be imposed for each victim. |
3 | (3) If the victim dies, any person violating subsection |
4 | (a) concurrently with a violation of section 3802 and who is |
5 | convicted of violating section 3802 commits a felony of the |
6 | second degree, and the sentencing court shall order the |
7 | person to serve a minimum term of imprisonment of not less |
8 | than three years and to pay a mandatory fine of $5,000, |
9 | notwithstanding any other provision of law. An additional |
10 | fine and term of imprisonment under this paragraph shall be |
11 | imposed for each victim. |
12 | (c) Authority of sentencing court.--There shall be no |
13 | authority in any court to impose on an offender to which this |
14 | section is applicable any lesser sentence than provided for in |
15 | subsection (b)(2) or (3) or (b.1)(2) or (3) or to place such |
16 | offender on probation or to suspend sentence. Sentencing |
17 | guidelines promulgated by the Pennsylvania Commission on |
18 | Sentencing shall not supersede the mandatory sentences provided |
19 | in this section. |
20 | (d) Definitions.--As used in this section, the term "serious |
21 | bodily injury" means 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 | § 6503. Subsequent convictions of certain offenses. |
26 | (a) General offenses.--Every person convicted of a second or |
27 | subsequent violation of any of the following provisions shall be |
28 | sentenced to pay a fine of not less than $200 nor more than |
29 | $1,000 or to imprisonment for not more than six months, or both: |
30 | Section 1543(a) (relating to driving while operating |
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1 | privilege is suspended or revoked) except as set forth in |
2 | subsection (a.1). |
3 | Section 3367 (relating to racing on highways). |
4 | [Section 3733 (relating to fleeing or attempting to elude |
5 | police officer).] |
6 | Section 3734 (relating to driving without lights to avoid |
7 | identification or arrest). |
8 | Section 3748 (relating to false reports). |
9 | * * * |
10 | Section 2. This act shall take effect in 60 days. |
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