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| PRIOR PRINTER'S NO. 1341 | PRINTER'S NO. 2049 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY D. WHITE, RAFFERTY, LOGAN, HUGHES, O'PAKE, ORIE, FOLMER, TARTAGLIONE, CORMAN, WARD AND WOZNIAK, JULY 23, 2009 |
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| SENATOR RAFFERTY, TRANSPORTATION, AS AMENDED, JUNE 9, 2010 |
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| AN ACT |
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1 | Amending Title 75 (Vehicles) of the Pennsylvania Consolidated |
2 | Statutes, further providing for aggravated assault by vehicle | <-- |
3 | while driving under the influence, for accidents involving |
4 | death or personal injury and for subsequent convictions of |
5 | certain offenses. |
6 | The General Assembly of the Commonwealth of Pennsylvania |
7 | hereby enacts as follows: |
8 | Section 1. Sections 3742 and 6503(a) of Title 75 of the | <-- |
9 | Pennsylvania Consolidated Statutes are amended to read: |
10 | Section 1. Section 3735.1(a) of Title 75 of the Pennsylvania | <-- |
11 | Consolidated Statutes is amended to read: |
12 | § 3735.1. Aggravated assault by vehicle while driving under the |
13 | influence. |
14 | (a) Offense defined.--Any person who negligently causes |
15 | serious bodily injury to another person as the result of a |
16 | violation of section 3802 (relating to driving under influence |
17 | of alcohol or controlled substance) and who is convicted of |
18 | violating section 3802 commits a felony of the second degree |
19 | when the violation is the cause of the injury, and the |
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1 | sentencing court shall order the person to serve a minimum term |
2 | of imprisonment of not less than one year. |
3 | * * * |
4 | Section 2. Section 3742(b)(3) and (c) of Title 75 are |
5 | amended and the section is amended by adding a subsection to |
6 | read: |
7 | § 3742. Accidents involving death or personal injury. |
8 | (a) General rule.--The driver of any vehicle involved in an | <-- |
9 | accident resulting in injury or death of any person shall |
10 | immediately stop the vehicle at the scene of the accident or as |
11 | close thereto as possible but shall then forthwith return to and |
12 | in every event shall remain at the scene of the accident until |
13 | he has fulfilled the requirements of section 3744 (relating to |
14 | duty to give information and render aid). Every stop shall be |
15 | made without obstructing traffic more than is necessary. |
16 | * * * | <-- |
17 | (b) Penalties.-- |
18 | (1) Except as otherwise provided in this section, any | <-- |
19 | person violating this section commits a misdemeanor of the |
20 | first degree. |
21 | (2) If the victim suffers serious bodily injury, any |
22 | person violating subsection (a) commits a felony of the third |
23 | degree, and the sentencing court shall order the person to |
24 | serve a minimum term of imprisonment of not less than 90 days |
25 | and a mandatory minimum fine of $1,000, notwithstanding any |
26 | other provision of law. An additional fine and term of |
27 | imprisonment under this paragraph shall be imposed for each |
28 | victim. |
29 | * * * | <-- |
30 | (3) If the victim dies, any person violating subsection |
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1 | (a) commits a felony of the [third] second degree, and the |
2 | sentencing court shall order the person to serve a minimum |
3 | term of imprisonment of not less than one year and a |
4 | mandatory minimum fine of $2,500, notwithstanding any other |
5 | provision of law. An additional fine and term of imprisonment | <-- |
6 | under this paragraph shall be imposed for each victim. |
7 | (b.1) Enhanced penalties.-- |
8 | (1) Except as otherwise provided in this subsection, any |
9 | person violating this section subsection (a) concurrently | <-- |
10 | with a violation of section 3802 (relating to driving under |
11 | influence of alcohol or controlled substance) and who is |
12 | convicted of violating section 3802 commits a felony of the |
13 | third degree. |
14 | (2) If the victim suffers serious bodily injury, any |
15 | person violating subsection (a) concurrently with a violation |
16 | of section 3802 and who is convicted of violating section |
17 | 3802 commits a felony of the second degree, and the |
18 | sentencing court shall, in addition to the sentence imposed | <-- |
19 | under section 3802, order the person to serve a minimum |
20 | consecutive term of imprisonment of not less than one year | <-- |
21 | and to pay a mandatory fine of $2,500, notwithstanding any | <-- |
22 | other provision of law. An additional fine and term of | <-- |
23 | imprisonment under this paragraph shall be imposed for each |
24 | victim. |
25 | (3) If the victim dies, any person violating subsection |
26 | (a) concurrently with a violation of section 3802 and who is |
27 | convicted of violating section 3802 commits a felony of the |
28 | second degree, and the sentencing court shall, in addition to | <-- |
29 | the sentence imposed under section 3802, order the person to |
30 | serve a minimum consecutive term of imprisonment of not less | <-- |
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1 | than three years and to pay a mandatory fine of $5,000, | <-- |
2 | notwithstanding any other provision of law. An additional | <-- |
3 | fine and term of imprisonment under this paragraph shall be |
4 | imposed for each victim. |
5 | (c) Authority of sentencing court.--There shall be no |
6 | authority in any court to impose on an offender to which this |
7 | section is applicable any lesser sentence than provided for in |
8 | subsection (b)(2) or (3) or (b.1)(2) or (3) or to place such |
9 | offender on probation or to suspend sentence. Sentencing |
10 | guidelines promulgated by the Pennsylvania Commission on |
11 | Sentencing shall not supersede the mandatory sentences provided |
12 | in this section. |
13 | (d) Definitions.--As used in this section, the term "serious | <-- |
14 | bodily injury" means any bodily injury which creates a |
15 | substantial risk of death or which causes serious, permanent |
16 | disfigurement or protracted loss or impairment of the function |
17 | of any bodily member or organ. |
18 | * * * | <-- |
19 | Section 3. Section 6503(a) of Title 75 is amended to read: |
20 | § 6503. Subsequent convictions of certain offenses. |
21 | (a) General offenses.--Every person convicted of a second or |
22 | subsequent violation of any of the following provisions shall be |
23 | sentenced to pay a fine of not less than $200 nor more than |
24 | $1,000 or to imprisonment for not more than six months, or both: |
25 | Section 1543(a) (relating to driving while operating |
26 | privilege is suspended or revoked) except as set forth in |
27 | subsection (a.1). |
28 | Section 3367 (relating to racing on highways). |
29 | [Section 3733 (relating to fleeing or attempting to elude |
30 | police officer).] |
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1 | Section 3734 (relating to driving without lights to avoid |
2 | identification or arrest). |
3 | Section 3748 (relating to false reports). |
4 | * * * |
5 | Section 4. The following provisions shall apply to offenses | <-- |
6 | committed on or after the effective date of this section: |
7 | (1) The amendment of 75 Pa.C.S. § 3735.1(a). |
8 | (2) The amendment or addition of 75 Pa.C.S. § 3742(b) |
9 | (3), (b.1) and (c). |
10 | Section 2 5. This act shall take effect in 60 days. | <-- |
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