Bill Text: PA HB2246 | 2009-2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Further providing for definitions, for vehicles exempt from registration, for annual hauling permits, for permit for movement during course of manufacture, for general requirement for other vehicles transporting school children, for conditions of permits and security for damages and for permit for movement of bulk refined oil; providing for permit for movement of nonhazardous liquid glue and for permit for movement of waste tires; further providing for duty of driver in emergency response areas, for careless driving, for snow and ice dislodged or falling from moving vehicle and for sentencing for homicide by vehicle; providing for the offense of aggravated assault by vehicle; further providing for aggravated assault by vehicle while driving under the influence, for accident involving death or personal injury while not properly licensed, for accident scene clearance, for weighing and measurement of vehicles and for promulgation of rules and regulations by department; and imposing penalties.

Spectrum: Slight Partisan Bill (Republican 23-11)

Status: (Passed) 2010-10-19 - Act No. 81 [HB2246 Detail]

Download: Pennsylvania-2009-HB2246-Introduced.html

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PRINTER'S NO. 3188
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2246 Session of2010
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 AND VULAKOVICH, FEBRUARY 8, 2010
REFERRED TO COMMITTEE ON TRANSPORTATION, FEBRUARY 8, 2010
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, further providing for definitions and for
sentencing for homicide by vehicle; providing for the offense
of aggravated assault by vehicle; and imposing penalties.
RESOLVED, That this act may be referred to as the Sgt.
Michael C. Weigand Law.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 102 of Title 75 of the Pennsylvania
Consolidated Statutes is amended by adding definitions to read:
§ 102. Definitions.
Subject to additional definitions contained in subsequent
provisions of this title which are applicable to specific
provisions of this title, the following words and phrases when
used in this title shall have, unless the context clearly
indicates otherwise, the meanings given to them in this section:
* * *
"Emergency medical services personnel." Includes, but is not
limited to, the following persons while working within the scope
of their employment:
(1) Doctors.
(2) Residents.
(3) Interns.
(4) Registered nurses.
(5) Licensed practical nurses.
(6) Nurse aides.
(7) Ambulance attendants and operators.
(8) Paramedics.
(9) Emergency medical technicians.
(10) Members of a hospital security force.
"Emergency service responder." An individual acting in an
official capacity as any of the following:
(1) A police officer.
(2) A sheriff or deputy sheriff.
(3) A coroner or deputy coroner.
(4) A firefighter.
(5) Fire police.
(6) A fire marshal.
(7) A medical examiner or deputy medical examiner.
(8) Rescue personnel.
(9) Ambulance personnel.
(10) Towing and recovery personnel.
(11) Highway maintenance and construction personnel.
(12) Hazardous material response team member.
(13) Emergency medical services personnel.
* * *
"Serious bodily injury." Any bodily injury which creates a
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substantial risk of death or which causes serious, permanent
disfigurement or protracted loss or impairment of the function
of any bodily member or organ.
Section 2. Section 3732(b) of Title 75 is amended to read:
§ 3732. Homicide by vehicle.
* * *
(b) Sentencing.--
(1) In addition to any other penalty provided by law, a
person convicted of a violation of subsection (a) may be
sentenced to an additional term not to exceed five years'
confinement if at trial the prosecution proves beyond a
reasonable doubt that the offense occurred in an active work
zone or the victim was an emergency service responder as
defined in section 102 (relating to definitions).
(2) The prosecution must indicate intent to proceed
under this section in the indictment or information which
commences the prosecution.
(3) The Pennsylvania Commission on Sentencing, pursuant
to 42 Pa.C.S. § 2154 (relating to adoption of guidelines for
sentencing), shall provide for a sentencing enhancement for
an offense under this section when the violation occurred in
an active work zone or the victim was an emergency service
responder as defined in section 102.
Section 3. Title 75 is amended by adding a section to read:
§ 3732.1. Aggravated assault by vehicle.
(a) Offense.--Any person who recklessly or with gross
negligence causes serious bodily injury to another person while
engaged in the violation of any law of this Commonwealth or
municipal ordinance applying to the operation or use of a
vehicle or to the regulation of traffic, except section 3802
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(relating to driving under influence of alcohol or controlled
substance), is guilty of aggravated assault by vehicle, a felony
of the third degree when the violation is the cause of the
injury.
(b) Sentencing.--
(1) In addition to any other penalty provided by law, a
person convicted of a violation of subsection (a) may be
sentenced to an additional term not to exceed two years'
confinement if at trial the prosecution proves beyond a
reasonable doubt that the offense occurred in an active work
zone or the victim was an emergency service responder.
(2) The prosecution must indicate intent to proceed
under this section in the indictment or information which
commences the prosecution.
(3) The Pennsylvania Commission on Sentencing, under 42
Pa.C.S. § 2154 (relating to adoption of guidelines for
sentencing), shall provide for a sentencing enhancement for
an offense under this section when the violation occurred in
an active work zone or the victim was an emergency service
responder.
Section 4. This act shall take effect in 60 days.
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