§ 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) (i) If the victim dies, any person violating subsection (a) 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 minimum fine of $2,500, notwithstanding any other provision of law.
(ii) In addition to the minimum term of imprisonment provided for in subparagraph (i), the Pennsylvania Commission on Sentencing shall provide within its guidelines a sentencing enhancement if the victim dies as the result of a violation of subsection (a). The provisions of this subparagraph shall not be an element of the crime, and notice of the provisions of this subparagraph shall not be required prior to conviction, but reasonable notice of the Commonwealth's intention to proceed under this subparagraph shall be provided after conviction and before sentencing.
(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; July 5, 2012, P.L.914, No.93, eff. 60 days; June 30, 2014, P.L.814, No.85, eff. 60 days)
2014 Amendment. Act 85 amended subsec. (b).
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).
Cross References. Section 3742 is referred to in sections 1532, 1541, 1542, 1611, 3744, 3745.1 of this title; section 5551 of Title 42 (Judiciary and Judicial Procedure).
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