Bill > S1950

Introduced Session

This bill would make it easier for prosecutors to obtain convictions for vehicular homicide or assault by auto against a person who illegally uses a cell phone while driving and, as a result, kills or injures someone. A person is guilty of death by auto or assault by auto when it is proven that he or she drove a motor vehicle recklessly. This bill specifically provides that the illegal use of a cell phone while driving would give rise to an inference that the defendant was driving recklessly. Vehicular homicide is generally a crime of the second degree, punishable by imprisonment of five to ten years, a fine of up to $150,000, or both. Assault by auto is a crime of the fourth degree if serious bodily injury occurs and a disorderly persons offense if bodily injury occurs. A fourth degree crime is punishable by up to 18 months imprisonment, a fine of up to $10,000, or both. The penalty for a disorderly persons offense is imprisonment for up to six months, a fine of up to $1,000, or both. This bill is designated as "Kulesh and Kuberts Law" after Helen Kulesh who was tragically killed by a person who was using a cell phone while driving, and David and Linda Kubert who were both severely injured by a driver who was illegally using a cell phone.

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Anthony Bucco (R)*,  Raymond Lesniak (D)*,  Fred Madden (D), 

Referred to Senate Budget and Appropriations Committee (on 06/02/2011)