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HOUSE BILL No. 853  Amending Titles 18 (Crimes and Offenses) and TITLE 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in criminal homicide, further providing for the offense of involuntary manslaughter; and, in serious traffic offenses, further providing for the offense of homicide by vehicle, and providing for the offenses of homicide by vehicle while using text-based communications and for aggravated assault by vehicle while using text-based communications AND FOR THE OFFENSE OF AGGRAVATED ASSAULT BY VEHICLE.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

SECTION 1. SECTIONS 3732(B)(1.1) AND (3) AND 3732.1(B)(2)
AND (4) OF TITLE 75 OF THE PENNSYLVANIA CONSOLIDATED STATUTES
ARE AMENDED TO READ: 

(B) SENTENCING.

(2) IN ADDITION TO ANY OTHER PENALTY PROVIDED BY LAW, A PERSON CONVICTED OF A VIOLATION OF SUBSECTION (A) AS THE RESULT OF A VIOLATION OF SECTION 3316 (RELATING TO PROHIBITING TEXT-BASED COMMUNICATIONS), 3325 (RELATING TO DUTY OF DRIVER ON APPROACH OF EMERGENCY VEHICLE) OR 3327 (RELATING TO DUTY OF DRIVER IN EMERGENCY RESPONSE AREAS) AND WHO IS CONVICTED OF VIOLATING SECTION 3316, 3325 OR 3327 MAY BE SENTENCED TO AN ADDITIONAL TERM NOT TO EXCEED TWO YEARS' CONFINEMENT WHEN THE VIOLATION RESULTED IN SERIOUS BODILY INJURY.

(4) THE PENNSYLVANIA COMMISSION ON SENTENCING, UNDER 42 PA.C.S. § 2154 (RELATING TO ADOPTION OF GUIDELINES FOR SENTENCING), SHALL PROVIDE FOR A SENTENCING ENHANCEMENT FOR AN OFFENSE UNDER THIS SECTION WHEN THE VIOLATION OCCURRED IN AN ACTIVE WORK ZONE OR WAS THE RESULT OF A VIOLATION OF SECTION 3316, 3325 OR 3327.

Section 4 2. This act shall take effect in 60 days.

 

 

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