§ 3742. Accidents involving death or personal injury.
Statutory Felony 3, plus fine of $2500 and mandatory 1 year jail
Suspension of 1 year
§ 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 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 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.–(Deleted by amendment).
(Dec. 11, 1986, P.L.1530, No.166, eff. 60 days; Apr. 4, 1996, P.L.53, No.18, eff. 60 days; Oct. 19, 2010, P.L.557, No.81, eff. 60 days)
2010 Amendment. Act 81 deleted subsec. (d). The preamble of Act 81 provided that Act 81 may be referred to as the Sgt. Michael C. Weigand Law.
1996 Amendment. Act 18 amended subsecs. (b), (c) and (d).
