Bill Text: PA SB1267 | 2009-2010 | Regular Session | Introduced

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Bill Title: In accidents and accident reports, further providing for the offense of accidents involving death or personal injury.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2010-03-11 - Referred to TRANSPORTATION [SB1267 Detail]

Download: Pennsylvania-2009-SB1267-Introduced.html

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PRINTER'S NO. 1757
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1267 Session of2010
INTRODUCED BY FARNESE, FONTANA, LOGAN, BOSCOLA, STACK AND KITCHEN, MARCH 11, 2010
REFERRED TO TRANSPORTATION, MARCH 11, 2010
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in accidents and accident reports, further
providing for the offense of accidents involving death or
personal injury.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3742(b) of Title 75 of the Pennsylvania
Consolidated Statutes is amended and the section is amended by
adding a subsection to read:
§ 3742. Accidents involving death or personal injury.
* * *
(b) Penalties.--
(1) Except as otherwise provided in this section, any
person violating this section commits a [misdemeanor] felony
of the [first] third degree and the sentencing court shall
order the person to pay a fine of not less than $1,000.
(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 consecutive
minimum term of imprisonment under this subsection 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 consecutive minimum
term of imprisonment under this subsection shall be imposed
for each victim.
(b.1) Enhanced penalties.--
(1) Except as otherwise provided in this subsection, any
person who violates 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
second degree.
(2) If the victim suffers serious bodily injury, any
person who violates subsection (a) concurrently with a
violation of section 3735.1 (relating to aggravated assault
by vehicle while driving under the influence) and who is
convicted of violating section 3735.1 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 a mandatory fine of $5,000, notwithstanding
any other provision of law. An additional fine and minimum
term of imprisonment under this subsection shall be imposed
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for each victim.
(3) If the victim dies, any person who violates
subsection (a) concurrently with a violation of section 3735
(relating to homicide by vehicle while driving under
influence) and who is convicted of violating section 3735
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 a mandatory
fine of $10,000, notwithstanding any other provision of law.
An additional fine and minimum term of imprisonment under
this subsection shall be imposed for each victim. The
mandatory imprisonment sentences under this subsection shall
run consecutively to any mandatory sentence imposed under
section 3735 and any mandatory sentence imposed under
subsection (b.1)(2) of this section.
* * *
Section 2. This act shall take effect in 60 days.
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