2010 Pennsylvania Code
Title 75 - VEHICLES
Chapter 37 - Miscellaneous Provisions
3742 - Accidents involving death or personal injury.

     § 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.--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.
     (Dec. 11, 1986, P.L.1530, No.166, eff. 60 days; Apr. 4, 1996,
     P.L.53, No.18, eff. 60 days)

        1996 Amendment.  Act 18 amended subsecs. (b), (c) and (d).
        Cross References.  Section 3742 is referred to in sections
     1532, 1541, 1542, 1611, 3720, 3744, 3745.1 of this title;
     section 5551 of Title 42 (Judiciary and Judicial Procedure).