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


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

  

 

    

PRINTER'S NO.  1757

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

1267

Session of

2010

  

  

INTRODUCED BY FARNESE, FONTANA, LOGAN, BOSCOLA, STACK AND KITCHEN, MARCH 11, 2010

  

  

REFERRED TO TRANSPORTATION, MARCH 11, 2010  

  

  

  

AN ACT

  

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Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

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Statutes, in accidents and accident reports, further

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providing for the offense of accidents involving death or

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personal injury.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Section 3742(b) of Title 75 of the Pennsylvania

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Consolidated Statutes is amended and the section is amended by

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adding a subsection to read:

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§ 3742.  Accidents involving death or personal injury.

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* * *

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(b)  Penalties.--

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(1)  Except as otherwise provided in this section, any

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person violating this section commits a [misdemeanor] felony 

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of the [first] third degree and the sentencing court shall

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order the person to pay a fine of not less than $1,000.

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(2)  If the victim suffers serious bodily injury, any

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person violating subsection (a) commits a felony of the third

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degree, and the sentencing court shall order the person to

 


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serve a minimum term of imprisonment of not less than 90 days

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and a mandatory minimum fine of $1,000, notwithstanding any

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other provision of law. An additional fine and consecutive

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minimum term of imprisonment under this subsection shall be

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imposed for each victim.

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(3)  If the victim dies, any person violating subsection

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(a) commits a felony of the [third] second degree, and the

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sentencing court shall order the person to serve a minimum

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term of imprisonment of not less than one year and a

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mandatory minimum fine of $2,500, notwithstanding any other

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provision of law. An additional fine and consecutive minimum

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term of imprisonment under this subsection shall be imposed

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for each victim.

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(b.1)  Enhanced penalties.--

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(1)  Except as otherwise provided in this subsection, any

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person who violates this section concurrently with a

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violation of section 3802 (relating to driving under

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influence of alcohol or controlled substance) and who is

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convicted of violating section 3802 commits a felony of the

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second degree.

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(2)  If the victim suffers serious bodily injury, any

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person who violates subsection (a) concurrently with a

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violation of section 3735.1 (relating to aggravated assault

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by vehicle while driving under the influence) and who is

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convicted of violating section 3735.1 commits a felony of the

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second degree, and the sentencing court shall order the

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person to serve a minimum term of imprisonment of not less

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than one year and a mandatory fine of $5,000, notwithstanding

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any other provision of law. An additional fine and minimum

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term of imprisonment under this subsection shall be imposed

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for each victim.

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(3)  If the victim dies, any person who violates

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subsection (a) concurrently with a violation of section 3735

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(relating to homicide by vehicle while driving under

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influence) and who is convicted of violating section 3735

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commits a felony of the second degree, and the sentencing

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court shall order the person to serve a minimum term of

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imprisonment of not less than three years and a mandatory

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fine of $10,000, notwithstanding any other provision of law.

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An additional fine and minimum term of imprisonment under

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this subsection shall be imposed for each victim. The

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mandatory imprisonment sentences under this subsection shall

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run consecutively to any mandatory sentence imposed under

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section 3735 and any mandatory sentence imposed under

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subsection (b.1)(2) of this section.

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* * *

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Section 2.  This act shall take effect in 60 days.

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