Bill Text: PA HB352 | 2009-2010 | Regular Session | Amended

---

Bill Title: Further providing for accidents involving death or personal injury and for subsequent convictions of certain offenses.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2009-06-11 - Referred to TRANSPORTATION [HB352 Detail]

Download: Pennsylvania-2009-HB352-Amended.html

---

PRIOR PRINTER'S NOS. 383, 1979 PRINTER'S NO. 2056
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 352 Session of2009
INTRODUCED BY MUNDY, REED, BELFANTI, BRENNAN, CARROLL, CRUZ, FLECK, GEIST, GINGRICH, HORNAMAN, JOSEPHS, KIRKLAND, KORTZ, LEVDANSKY, MANN, MELIO, MILLARD, MILLER, MOUL, MURT, M. O'BRIEN, O'NEILL, PAYNE, PYLE, READSHAW, ROAE, SIPTROTH, K. SMITH, SOLOBAY, STABACK, STERN, SWANGER, THOMAS, TRUE, VULAKOVICH, WALKO, FREEMAN AND FARRY, FEBRUARY 10, 2009
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, JUNE 9, 2009
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, further providing for accidents involving death or
personal injury and for subsequent convictions of certain <--
offenses.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3742 of Title 75 of the Pennsylvania <--
Consolidated Statutes is amended to read:
Section 1. Sections 3742 and 6503(a) of Title 75 of the <--
Pennsylvania Consolidated Statutes are 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
20090HB0352PN2056 - 2 -
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 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.
(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.
§ 6503. Subsequent convictions of certain offenses. <--
20090HB0352PN2056 - 3 -
(a) General offenses.--Every person convicted of a second or
subsequent violation of any of the following provisions shall be
sentenced to pay a fine of not less than $200 nor more than
$1,000 or to imprisonment for not more than six months, or both:
Section 1543(a) (relating to driving while operating
privilege is suspended or revoked) except as set forth in
subsection (a.1).
Section 3367 (relating to racing on highways).
[Section 3733 (relating to fleeing or attempting to elude
police officer).]
Section 3734 (relating to driving without lights to avoid
identification or arrest).
Section 3748 (relating to false reports).
* * *
Section 2. This act shall take effect in 60 days.
20090HB0352PN2056 - 4 -