Bill Text: PA SB522 | 2009-2010 | Regular Session | Amended

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

Spectrum: Moderate Partisan Bill (Democrat 10-3)

Status: (Introduced - Dead) 2010-06-30 - Re-referred to APPROPRIATIONS [SB522 Detail]

Download: Pennsylvania-2009-SB522-Amended.html

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PRIOR PRINTER'S NO. 529 PRINTER'S NO. 2048
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 522 Session of2009
INTRODUCED BY STACK, HUGHES, KITCHEN, FONTANA, O'PAKE, BROWNE, TARTAGLIONE, LOGAN, RAFFERTY, ERICKSON, FERLO AND STOUT, MARCH 2, 2009
SENATOR RAFFERTY, TRANSPORTATION, AS AMENDED, JUNE 9, 2010
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 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] two years one year and a mandatory minimum fine of <--
$1,000, notwithstanding any other provision of law.
(3) If the victim dies, 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 [one year] five three years and <--
a mandatory minimum fine of $2,500, notwithstanding any other
provision of law.
(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 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.
Section 2. This act shall take effect in 60 days.
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