H0521B1143A05509 NAD:MAC 09/09/22 #90 A05509
AMENDMENTS TO HOUSE BILL NO. 521
Sponsor: SENATOR LANGERHOLC
Printer's No. 1143
Amend Bill, page 1, lines 1 and 2, by striking out "Title 75
(Vehicles) of the Pennsylvania Consolidated Statutes," and
inserting
Titles 42 (Judiciary and Judicial Procedure) and 75 (Vehicles)
of the Pennsylvania Consolidated Statutes, in sentencing,
further providing for sentence of total confinement;
Amend Bill, page 1, line 5, by inserting after "revoked"
and for ignition interlock limited license
Amend Bill, page 1, line 6, by inserting after "for" where it
occurs the first time
ignition interlock, for
Amend Bill, page 1, lines 12 and 13, by striking out all of
said lines and inserting
Section 1. Section 9756 of Title 42 of the Pennsylvania
Consolidated Statutes is amended by adding a subsection to read:
§ 9756. Sentence of total confinement.
* * *
(c.2) Determinate sentence.--A court may impose a
determinate sentence under 75 Pa.C.S. (relating to vehicles)
where the violation is graded as a summary offense and the
maximum sentence of total confinement is 90 days or less.
* * *
Section 2. Section 102 of Title 75 is amended by adding
definitions to read:
Amend Bill, page 2, lines 29 and 30, by striking out all of
said lines and inserting
Section 3. Sections 1543(b)(1)(i) and (ii) and (1.1)(i) and
1556(b)(1) and (2) of Title 75 are amended to read:
Amend Bill, page 3, line 5, by striking out all of said line
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and inserting
(1) The following shall apply:
(i) A person who drives a motor vehicle on a highway
or trafficway of this Commonwealth at a time when the
person's operating privilege is suspended or revoked as a
condition of acceptance of Accelerated Rehabilitative
Disposition for a violation of section 3802 (relating to
driving under influence of alcohol or controlled
substance) or the former section 3731, because of a
violation of section 1547(b)(1) (relating to suspension
for refusal) or 3802 or former section 3731 or is
suspended under section 1581 (relating to Driver's
License Compact) for an offense substantially similar to
a violation of section 3802 or former section 3731 shall,
upon a first conviction, be guilty of a summary offense
and shall be sentenced to pay a fine of $500 and to
undergo imprisonment for a period of [not less than] 60
days [nor more than 90 days].
(ii) A second violation of this paragraph shall
constitute a summary offense and, upon conviction of this
paragraph, a person shall be sentenced to pay a fine of
$1,000 and to undergo imprisonment for [not less than] 90
days.
* * *
Amend Bill, page 4, line 1, by inserting a bracket before
"not"
Amend Bill, page 4, line 1, by inserting a bracket after
"than"
Amend Bill, page 4, by inserting between lines 3 and 4
§ 1556. Ignition interlock limited license.
* * *
(b) Petition.--
(1) An applicant for an ignition interlock limited
license shall file a petition with the department, by
certified mail, on a form prescribed by the department.[, and
shall include proof that an approved ignition interlock
system, as defined in section 3801, has been installed in one
or more motor vehicles that the applicant seeks permission to
operate.] The petition shall include proof of financial
responsibility covering each vehicle the applicant requests
to be permitted to operate. Upon approval of the petition,
the ignition interlock system shall be installed in any motor
vehicle to be operated by the applicant, and proof of
installation shall be provided by the ignition interlock
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device vendor.
(2) [The petition shall also include proof of financial
responsibility covering each vehicle the applicant requests
to be permitted to operate.] The department shall promulgate
regulations to require additional information as well as
additional evidence to verify the information contained in
the petition.
* * *
Section 4. Section 3805 of Title 75 is amended by adding a
subsection to read:
§ 3805. Ignition interlock.
* * *
(h.3) Notice to department.--If a violation under subsection
(h.2)(1), (2) or (3) occurs in the two consecutive months prior
to the date entered on the certificate, the vendor shall notify
the department as to the violation on a form designated by the
department, and the department shall notify the person of the
violation and that ignition interlock device usage shall
continue until no violations have occurred within a 60-day
period.
* * *
Section 5. Sections 3806(b)(1), 3807(b)(4) and 3814(4) of
Title 75 are amended to read:
Amend Bill, page 4, lines 21 and 22, by striking out all of
said lines
Amend Bill, page 4, lines 24 through 30; page 5, lines 1
through 12; by striking out all of said lines on said pages
Amend Bill, page 5, line 26, by striking out all of said line
Amend Bill, page 6, line 12, by striking out "5" and
inserting
6
Amend Bill, page 7, line 20, by striking out "6" and
inserting
7
Amend Bill, page 10, line 11, by striking out "7"
Amend Bill, page 10, line 11, by inserting after "7."
8
Amend Bill, page 10, lines 14 through 21, by striking out all
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of said lines and inserting
(i) The addition of 42 Pa.C.S. § 9756(c.2).
(ii) The amendment of 75 Pa.C.S. § 1543(b)(1)(i) and
(ii) and (1.1)(i).
(iii) This section.
(2) The following provisions shall take effect in 60
days:
(i) The amendment of 75 Pa.C.S. § 3807(b)(4).
(ii) The amendment of 75 Pa.C.S. § 3814(4).
(3) The following provisions shall take effect in 11
months:
(i) The amendment of 75 Pa.C.S. § 1556(b)(1) and
(2).
(ii) The addition of 75 Pa.C.S. § 3805(h.3).
(4) The remainder of this act shall take effect in 120
days.
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