PRINTER'S NO.  1838

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

1268

Session of

2010

  

  

INTRODUCED BY FARNESE, FONTANA, LOGAN, BOSCOLA, STACK, KITCHEN AND LEACH, APRIL 12, 2010

  

  

REFERRED TO JUDICIARY, APRIL 12, 2010  

  

  

  

AN ACT

  

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Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

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Statutes, in serious traffic offenses, providing for the

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offense of aggravated assault by vehicle.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Title 75 of the Pennsylvania Consolidated

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Statutes is amended by adding a section to read:

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§ 3732.1  Aggravated assault by vehicle.

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(a)  Offense.-–Any person who recklessly or with gross

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negligence causes serious bodily injury to another person while

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engaged in the violation of any law of this Commonwealth or

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municipal ordinance applying to the operation or use of a

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vehicle or to the regulation of traffic except section 3802

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(relating to driving under influence of alcohol or controlled

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substance) is guilty of aggravated assault by vehicle, a felony

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of the third degree, when the violation is the cause of injury.

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(b)  Sentencing.—-

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(1)  In addition to any other penalty provided by law, a

 


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person convicted of a violation of subsection (a) may be

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sentenced to an additional term not to exceed two years'

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confinement if at trial the prosecution proves beyond a

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reasonable doubt that the offense occurred in an active work

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zone or the victim was an emergency service responder as

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defined in section 3327 (relating to duty of driver in

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emergency response areas).

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(2)  The prosecution must indicate intent to proceed

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under this section in the indictment or information which

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commences the prosecution.

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(3)  The Pennsylvania Commission on Sentencing, under 42

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Pa.C.S. § 2154 (relating to adoption of guidelines for

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sentencing), shall provide for a sentencing enhancement for

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an offense under this section when the violation occurred in

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an active work zone or the victim was an emergency service

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responder as defined in section 3327.

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Section 2.  This act shall take effect in 60 days.

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