Bill Text: PA HB227 | 2011-2012 | Regular Session | Introduced

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Bill Title: Further providing for accidents involving death or personal injury.

Spectrum: Slight Partisan Bill (Democrat 17-10)

Status: (Introduced - Dead) 2011-01-26 - Referred to TRANSPORTATION [HB227 Detail]

Download: Pennsylvania-2011-HB227-Introduced.html

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PRINTER'S NO. 179
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 227 Session of2011
INTRODUCED BY MUNDY, B. BOYLE, K. BOYLE, BRENNAN, D. COSTA, CUTLER, DeLUCA, FABRIZIO, GABLER, HORNAMAN, KORTZ, MARSHALL, MILLARD, MILLER, MULLERY, M. O'BRIEN, PASHINSKI, READSHAW, REED, SAINATO, STABACK, SWANGER AND VULAKOVICH, JANUARY 26, 2011
REFERRED TO COMMITTEE ON TRANSPORTATION, JANUARY 26, 2011
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, further providing for accidents involving death or
personal injury.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3742 of Title 75 of the Pennsylvania
Consolidated Statutes, amended October 19, 2010 (P.L.557,
No.81), is amended to read:
§ 3742. Accidents involving death or personal injury.
(a) General rule.--The driver of any vehicle involved in an
accident resulting in injury or death of any person shall
immediately stop the vehicle at the scene of the accident or as
close thereto as possible but shall then forthwith return to and
in every event shall remain at the scene of the accident until
he has fulfilled the requirements of section 3744 (relating to
duty to give information and render aid). Every stop shall be
made without obstructing traffic more than is necessary.
(b) Penalties.--
(1) Except as otherwise provided in this section, any
person violating this section commits a misdemeanor of the
first degree.
(2) If the victim suffers serious bodily injury, any
person violating subsection (a) commits a felony of the third
degree, and the sentencing court shall order the person to
serve a minimum term of imprisonment of not less than 90 days
and a mandatory minimum fine of $1,000, notwithstanding any
other provision of law. An additional fine and term of
imprisonment under this paragraph shall be imposed for each
victim.
(3) If the victim dies, any person violating subsection
(a) commits a felony of the [third] second degree, and the
sentencing court shall order the person to serve a minimum
term of imprisonment of not less than one year and a
mandatory minimum fine of $2,500, notwithstanding any other
provision of law. An additional fine and term of imprisonment
under this paragraph shall be imposed for each victim.
(b.1) Enhanced penalties.--
(1) Except as otherwise provided in this subsection, any
person violating this section concurrently with a violation
of section 3802 (relating to driving under influence of
alcohol or controlled substance) and who is convicted of
violating section 3802 commits a felony of the third degree.
(2) If the victim suffers serious bodily injury, any
person violating subsection (a) concurrently with a violation
of section 3802 and who is convicted of violating section
3802 commits a felony of the second degree, and the
sentencing court shall order the person to serve a minimum
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term of imprisonment of not less than one year and to pay a
mandatory fine of $2,500, notwithstanding any other provision
of law. An additional fine and term of imprisonment under
this paragraph shall be imposed for each victim.
(3) If the victim dies, any person violating subsection
(a) concurrently with a violation of section 3802 and who is
convicted of violating section 3802 commits a felony of the
second degree, and the sentencing court shall order the
person to serve a minimum term of imprisonment of not less
than three years and to pay a mandatory fine of $5,000,
notwithstanding any other provision of law. An additional
fine and term of imprisonment under this paragraph shall be
imposed for each victim.
(c) Authority of sentencing court.--There shall be no
authority in any court to impose on an offender to which this
section is applicable any lesser sentence than provided for in
subsection (b)(2) or (3) or (b.1)(2) or (3) or to place such
offender on probation or to suspend sentence. Sentencing
guidelines promulgated by the Pennsylvania Commission on
Sentencing shall not supersede the mandatory sentences provided
in this section.
Section 2. This act shall take effect in 60 days.
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