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

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-Amended.html

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PRIOR PRINTER'S NO. 3188 PRINTER'S NO. 3629
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, VULAKOVICH, BEYER AND HENNESSEY, FEBRUARY 8, 2010
AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF REPRESENTATIVES, AS AMENDED, APRIL 26, 2010
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, further providing for definitions, 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 and for accident scene clearance;
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.
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(12) Hazardous material response team member.
(13) Emergency medical services personnel.
* * *
"Serious bodily injury." Any bodily injury which creates a
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 Sections 3327(b.1) and (f), 3714(d), 3720 <--
and 3732(b) of Title 75 is are amended to read: <--
§ 3327. Duty of driver in emergency response areas. <--
* * *
(b.1) Suspension of operating privilege.--The department
shall suspend the operating privilege of any person for 90 days
upon receiving a certified record of the driver's conviction,
adjudication of delinquency or admission into a preadjudication
program for a violation of subsection (a), if the certified
conviction indicates the violation resulted in serious bodily
injury to another person. The license shall be surrendered in
accordance with section 1540 (relating to surrender of license).
* * *
(f) [Definitions] Definition.--As used in this section, [the
following words and phrases shall have the meanings given to
them in this subsection:
"Emergency response area." The] the term "emergency response
area" means the area in which emergency service responders
render emergency assistance to individuals on or near a roadway
or a police officer is conducting a traffic stop or systematic
check of vehicles as long as the emergency vehicle is making use
of visual signals meeting the requirements of Subchapter D of
Chapter 45.
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["Emergency service responder." An individual acting in an
official capacity as police officer, sheriff, deputy sheriff,
coroner, deputy coroner, firefighter, fire police, fire marshal,
medical examiner, deputy medical examiner, rescue personnel,
ambulance personnel, towing and recovery personnel, highway
maintenance and construction personnel, hazardous material
response team member or emergency medical service personnel.
"Serious injury." A personal injury resulting in death,
serious impairment of body function or permanent serious
disfigurement.]
§ 3714. Careless driving.
* * *
[(d) Definition.--As used in this section, "serious bodily
injury" means any bodily injury which creates a substantial risk
of death or which causes serious, permanent disfigurement or
protracted loss or impairment of the function of any bodily
member or organ.]
§ 3720. Snow and ice dislodged or falling from moving vehicle.
When snow or ice is dislodged or falls from a moving vehicle
and strikes another vehicle or pedestrian causing death or
serious bodily injury [as defined in section 3742 (relating to
accidents involving death or personal injury)], the operator of
the vehicle from which the snow or ice is dislodged or falls
shall be subject to a fine of not less than $200 nor more than
$1,000 for each offense.
§ 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
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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)]. <--
(1.1) In addition to any other penalty provided by law, <--
a person convicted of a violation of subsection (a) as the
result of a violation of section 3325 (relating to duty of
driver on approach of emergency vehicle) or 3327 (relating to
duty of driver in emergency response areas) and who is
convicted of violating section 3325 or 3327 may be sentenced
to an additional term not to exceed five years' confinement
when the violation resulted in death.
(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] or was the result of a <--
violation of section 3325 or 3327.
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) In addition to any other penalty provided by law, a <--
person convicted of a violation of subsection (a) as the
result of a violation of section 3325 (relating to duty of
driver on approach of emergency vehicle) or 3327 (relating to
duty of driver in emergency response areas) and who is
convicted of violating section 3325 or 3327 may be sentenced
to an additional term not to exceed two years' confinement
when the violation resulted in serious bodily injury.
(2) (3) The prosecution must indicate intent to proceed <--
under this section in the indictment or information which
commences the prosecution.
(3) (4) 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 or was the result of a violation of section 3325 or <--
3327.
Section 4. Sections 3735.1(b), 3742(d), 3742.1(c) and <--
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3745.1(a) of Title 75 are amended to read:
§ 3735.1. Aggravated assault by vehicle while driving under the
influence.
* * *
[(b) Definition.--As used in this section, the term "serious
bodily injury" means any bodily injury which creates a
substantial risk of death or which causes serious, permanent
disfigurement or protracted loss or impairment of the function
of any bodily member or organ.]
§ 3742. Accidents involving death or personal injury.
* * *
[(d) Definitions.--As used in this section, the term
"serious bodily injury" means any bodily injury which creates a
substantial risk of death or which causes serious, permanent
disfigurement or protracted loss or impairment of the function
of any bodily member or organ.]
§ 3742.1. Accidents involving death or personal injury while
not properly licensed.
* * *
[(c) Definitions.--As used in this section, the term
"serious bodily injury" means any bodily injury which creates a
substantial risk of death or which causes serious, permanent
disfigurement or protracted loss or impairment of the function
of any bodily member or organ.]
§ 3745.1. Accident scene clearance.
(a) General rule.--Notwithstanding any other provision of
law to the contrary, the driver of any vehicle in an accident
that does not result in apparent serious bodily injury or death
shall immediately remove the vehicle from the roadway to a safe
refuge on the shoulder, emergency lane or median or to a place
20100HB2246PN3629 - 7 -
otherwise removed from the roadway whenever, in the judgment of
the driver:
(1) The motor vehicle does not require towing and can be
normally and safely driven under its own power in its
customary manner without further damage or hazard to the
motor vehicle, traffic elements or the roadway.
(2) The motor vehicle can be moved safely.
* * *
Section 4 5. This act shall take effect in 60 days. <--
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