PRIOR PRINTER'S NOS. 2284, 2334 PRINTER'S NO. 2365
No. 4 Session of 2003
INTRODUCED BY GEIST, O'BRIEN, McCALL, BLAUM, GANNON, HARPER,
TURZAI, WATSON, GORDNER, DALLY, EGOLF, ADOLPH, BAKER,
BALDWIN, BARD, BEBKO-JONES, BOYD, BROWNE, CAPPELLI, CORNELL,
CRAHALLA, CREIGHTON, DALEY, D. EVANS, FEESE, FICHTER,
FRANKEL, GERGELY, GINGRICH, GRUCELA, HARHAI, HENNESSEY,
HERSHEY, HESS, HICKERNELL, JAMES, LaGROTTA, LEACH, LEWIS,
MAHER, MAITLAND, MARSICO, McGILL, McNAUGHTON, S. MILLER,
PAYNE, PETRARCA, PETRI, PHILLIPS, PICKETT, REED, REICHLEY,
ROONEY, ROSS, RUBLEY, SATHER, SAYLOR, SCAVELLO, SCHRODER,
E. Z. TAYLOR, J. TAYLOR, TIGUE, TRUE, WALKO, YOUNGBLOOD, ZUG,
DeLUCA, CURRY AND DONATUCCI, JUNE 30, 2003
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JULY 7, 2003
AN ACT
1 Amending Titles 18 (Crimes and Offenses), 30 (Fish), 34 (Game),
2 42 (Judiciary and Judicial Procedure) and 75 (Vehicles) of
3 the Pennsylvania Consolidated Statutes, further providing for
4 impairment due to alcohol or controlled substances, for
5 Department of Transportation records and for investigation by
6 police officers; and making editorial changes.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 6105(c)(3) of Title 18 of the <--
10 Pennsylvania Consolidated Statutes is amended to read:
11 § 6105. Persons not to possess, use, manufacture, control, sell
12 or transfer firearms.
13 * * *
14 (c) Other persons.--In addition to any person who has been
15 convicted of any offense listed under subsection (b), the
1 following persons shall be subject to the prohibition of
2 subsection (a):
3 * * *
4 (3) A person who has been convicted of driving under the
5 influence of alcohol or controlled substance as provided in
6 75 Pa.C.S. § [3731] 3802 (relating to driving under influence
7 of alcohol or controlled substance) on three or more separate
8 occasions within a five-year period. For the purposes of this
9 paragraph only, the prohibition of subsection (a) shall only
10 apply to transfers or purchases of firearms after the third
11 conviction.
12 * * *
13 Section 2. Section 7508.1(b) and (c) of Title 18 are amended
14 to read:
15 § 7508.1. Substance Abuse Education and Demand Reduction Fund.
16 * * *
17 (b) Imposition.--Unless the court finds that undue hardship
18 would result, a mandatory cost of $100, which shall be in
19 addition to any other costs imposed pursuant to statutory
20 authority, shall automatically be assessed on any individual
21 convicted, adjudicated delinquent or granted Accelerated
22 Rehabilitative Disposition or any individual who pleads guilty
23 or nolo contendere for a violation of the act of April 14, 1972
24 (P.L.233, No.64), known as The Controlled Substance, Drug,
25 Device and Cosmetic Act, or a violation of 75 Pa.C.S. § [3731]
26 3802 (relating to driving under influence of alcohol or
27 controlled substance).
28 (c) Additional assessment.--In addition to the assessment
29 required by subsection (b), a person convicted of or adjudicated
30 delinquent for a violation of 75 Pa.C.S. § [3731] 3802 shall be
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1 assessed $200 where the amount of alcohol by weight in the blood
2 of the person is equal to or greater than [.15%] .16% at the
3 time a chemical test is performed on a sample of the person's
4 breath, blood or urine. For the purposes of this subsection, the
5 sample of the person's blood, breath or urine shall be taken
6 within [two] three hours after the person is placed under
7 arrest.
8 * * *
9 Section 3. Section 7514 of Title 18 is repealed.
10 Section 4. Section 5502(a)(4) and (a.1)(1) of Title 30 are
11 amended to read:
12 § 5502. Operating watercraft under influence of alcohol or
13 controlled substance.
14 (a) General rule.--No person shall operate or be in actual
15 physical control of the movement of a watercraft upon, in or
16 through the waters of this Commonwealth:
17 * * *
18 (4) while the amount of alcohol by weight in the blood
19 of:
20 (i) an adult is [0.10%] 0.08% or greater; or
21 (ii) a minor is 0.02% or greater.
22 (a.1) Prima facie evidence.--
23 (1) It is prima facie evidence that:
24 (i) an adult had [0.10%] 0.08% or more by weight of
25 alcohol in his or her blood at the time of operating or
26 being in actual physical control of the movement of a
27 watercraft if the amount of alcohol by weight in the
28 blood of the person is equal to or greater than [0.10%]
29 0.08% at the time a chemical test is performed on a
30 sample of the person's breath, blood or urine; and
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1 (ii) a minor had 0.02% or more by weight of alcohol
2 in his or her blood at the time of operating or being in
3 actual physical control of the movement of a watercraft
4 if the amount of alcohol by weight in the blood of the
5 minor is equal to or greater than 0.02% at the time a
6 chemical test is performed on a sample of the person's
7 breath, blood or urine.
8 * * *
9 Section 5. Sections 2501(a)(4) and (a.1)(1)(i) and (b) and
10 2502(d)(2) and (3) of Title 34 are amended to read:
11 § 2501. Hunting or furtaking prohibited while under influence
12 of alcohol or controlled substance.
13 (a) General rule.--It is unlawful to hunt or take game,
14 furbearers or wildlife or aid, abet, assist or conspire to hunt
15 or take game, furbearers or wildlife anywhere in this
16 Commonwealth while in possession of a firearm of any kind or a
17 bow and arrow if:
18 * * *
19 (4) the amount of alcohol by weight in the blood of:
20 (i) an adult is [0.10%] 0.08% or greater; or
21 (ii) a minor is 0.02% or greater.
22 (a.1) Prima facie evidence.--
23 (1) It is prima facie evidence that:
24 (i) an adult had [0.10%] 0.08% or more by weight of
25 alcohol in his or her blood at the time of hunting or
26 taking of game, furbearers or wildlife or the aiding,
27 abetting, assisting or conspiring to hunt or take game,
28 furbearers or wildlife if the amount of alcohol by weight
29 in the blood of the person is equal to or greater than
30 [0.10%] 0.08% at the time a chemical test is performed on
20030H0004B2365 - 4 -
1 a sample of the person's breath, blood or urine; or
2 * * *
3 (b) Penalty.--
4 (1) A violation of the provisions of this section shall
5 be a summary offense if the amount of alcohol by weight in
6 the blood of the individual is at least 0.08% but less than
7 0.10%.
8 (2) A violation of the provisions of this section shall
9 be a misdemeanor of the third degree if the amount of alcohol
10 by weight in the blood of the individual is at least 0.10%.
11 (3) In addition to any penalty, the violator shall be
12 denied the right to hunt or trap in this Commonwealth, with
13 or without a license, for a period of one year.
14 * * *
15 § 2502. Chemical test to determine amount of alcohol.
16 * * *
17 (d) Presumptions from amount of alcohol.--If chemical
18 analysis of a person's breath, blood or urine shows:
19 * * *
20 (2) That the amount of alcohol by weight in the blood of
21 the person tested is in excess of 0.05% but less than [0.10%]
22 0.08%, this fact shall not give rise to any presumption that
23 the person tested was or was not under the influence of
24 alcohol, but this fact may be considered with other competent
25 evidence in determining whether the person was or was not
26 under the influence of alcohol.
27 (3) That the amount of alcohol by weight in the blood of
28 the person tested is [0.10%] 0.08% or more, it shall be
29 presumed that the defendant was under the influence of
30 alcohol.
20030H0004B2365 - 5 -
1 * * *
2 Section 6. Sections 933(a)(1)(ii), 1515(a)(5), 1725.3(a),
3 3571(b)(4) and 3573(b)(3) of Title 42 are amended to read:
4 § 933. Appeals from government agencies.
5 (a) General rule.--Except as otherwise prescribed by any
6 general rule adopted pursuant to section 503 (relating to
7 reassignment of matters), each court of common pleas shall have
8 jurisdiction of appeals from final orders of government agencies
9 in the following cases:
10 (1) Appeals from Commonwealth agencies in the following
11 cases:
12 * * *
13 (ii) Determinations of the Department of
14 Transportation appealable under the following provisions
15 of Title 75 (relating to vehicles):
16 Section 1377 (relating to judicial review).
17 Section 1550 (relating to judicial review).
18 Section 4724(b) (relating to judicial review).
19 Section 7303(b) (relating to judicial review).
20 Section 7503(b) (relating to judicial review).
21 Except as otherwise prescribed by general rules, the
22 venue shall be in the county of the principal place of
23 business of any salvor or messenger service, the location
24 of any inspection station involved, the county where the
25 arrest for a violation of 75 Pa.C.S. § [3731] 3802
26 (relating to driving under influence of alcohol or
27 controlled substance) was made in appeals involving the
28 suspension of operating privileges under 75 Pa.C.S. §
29 1547 (relating to chemical testing to determine amount of
30 alcohol or controlled substance) or the residence of any
20030H0004B2365 - 6 -
1 individual appellant where the venue is not otherwise
2 fixed by this sentence. In the case of a nonresident
3 individual venue, except as otherwise prescribed by
4 general rules, shall be in the county in which the
5 offense giving rise to the recall, cancellation,
6 suspension or revocation of operating privileges
7 occurred.
8 * * *
9 § 1515. Jurisdiction and venue.
10 (a) Jurisdiction.--Except as otherwise prescribed by general
11 rule adopted pursuant to section 503 (relating to reassignment
12 of matters), district justices shall, under procedures
13 prescribed by general rule, have jurisdiction of all of the
14 following matters:
15 * * *
16 (5) Offenses under 75 Pa.C.S. § [3731] 3802 (relating to
17 driving under influence of alcohol or controlled substance),
18 if the following criteria are met:
19 (i) The offense is the first offense by the
20 defendant under such provision in this Commonwealth.
21 (ii) No personal injury (other than to the defendant
22 [or the immediate family of the defendant]) resulted from
23 the offense.
24 (iii) The defendant pleads guilty.
25 (iv) No property damage in excess of $500 other than
26 to the defendant's property resulted from the violation.
27 (v) The defendant is not subject to the provisions
28 of Chapter 63 (relating to juvenile matters).
29 (vi) The arresting authority shall cause to be
30 transmitted a copy of the charge of any violation of 75
20030H0004B2365 - 7 -
1 Pa.C.S. § [3731] 3802 to the office of the clerk of the
2 court of common pleas within five days after the
3 preliminary arraignment.
4 In determining that the above criteria are met the district
5 justice shall rely on the certification of the arresting
6 authority. Certification that the criteria are met need not
7 be in writing. Within ten days after the disposition, the
8 district justice shall certify the disposition to the office
9 of the clerk of the court of common pleas in writing.
10 * * *
11 § 1725.3. Criminal laboratory user fee.
12 (a) Imposition.--A person who is placed on probation without
13 verdict pursuant to section 17 of the act of April 14, 1972
14 (P.L.233, No.64), known as The Controlled Substance, Drug,
15 Device and Cosmetic Act, or who receives Accelerated
16 Rehabilitative Disposition or who pleads guilty to or nolo
17 contendere to or who is convicted of a crime as defined in 18
18 Pa.C.S. § 106 (relating to classes of offenses) or 75 Pa.C.S. §
19 [3731] 3802 (relating to driving under influence of alcohol or
20 controlled substance) or 3735 (relating to homicide by vehicle
21 while driving under influence) or a violation of The Controlled
22 Substance, Drug, Device and Cosmetic Act shall, in addition to
23 any fines, penalties or costs, in every case where laboratory
24 services were required to prosecute the crime or violation, be
25 sentenced to pay a criminal laboratory user fee which shall
26 include, but not be limited to, the cost of sending a laboratory
27 technician to court proceedings.
28 * * *
29 § 3571. Commonwealth portion of fines, etc.
30 * * *
20030H0004B2365 - 8 -
1 (b) Vehicle offenses.--
2 * * *
3 (4) When prosecution under 75 Pa.C.S. § [3731] 3802
4 (relating to driving under influence of alcohol or controlled
5 substance) is the result of State Police action, 50% of all
6 fines, forfeited recognizances and other forfeitures imposed,
7 lost or forfeited shall be payable to the Commonwealth, for
8 credit to the Motor License Fund, and 50% shall be payable to
9 the county which shall be further divided as follows:
10 (i) Fifty percent of the moneys received shall be
11 allocated to the appropriate county authority which
12 implements the county drug and alcohol program to be used
13 solely for the purposes of aiding programs promoting drug
14 abuse and alcoholism prevention, education, treatment and
15 research. Programs under this subparagraph include
16 Project DARE (Drug and Alcohol Resistance Education) and
17 Mothers Against Drunk Driving Victim Impact Panels.
18 (ii) Fifty percent of the moneys received shall be
19 used for expenditures incurred for county jails, prisons,
20 workhouses and detention centers.
21 * * *
22 § 3573. Municipal corporation portion of fines, etc.
23 * * *
24 (b) Vehicle offenses.--
25 * * *
26 (3) When prosecution under 75 Pa.C.S. § [3731] 3802
27 (relating to driving under influence of alcohol or controlled
28 substance) is the result of local police action, 50% of all
29 fines, forfeited recognizances and other forfeitures imposed,
30 lost or forfeited shall be payable to the municipal
20030H0004B2365 - 9 -
1 corporation under which the local police are organized, and
2 50% shall be payable to the county which shall be further
3 divided as follows:
4 (i) Fifty percent of the moneys received shall be
5 allocated to the appropriate county authority which
6 implements the county drug and alcohol program to be used
7 solely for the purposes of aiding programs promoting drug
8 abuse and alcoholism prevention, education, treatment and
9 research. Programs under this subparagraph include
10 Project DARE (Drug and Alcohol Resistance Education).
11 (ii) Fifty percent of the moneys received shall be
12 used for expenditures incurred for county jails, prisons,
13 workhouses and detention centers.
14 * * *
15 Section 7. Chapter 70 of Title 42 is repealed.
16 Section 8. Section 9763(c) of Title 42 is amended to read:
17 § 9763. Sentence of intermediate punishment.
18 * * *
19 (c) Restriction.--
20 (1) A defendant [convicted under] subject to 75 Pa.C.S.
21 § [3731(e) (relating to driving under influence of alcohol or
22 controlled substance)] 3804 (relating to penalties) may only
23 be sentenced to intermediate punishment:
24 [(1) in a residential inpatient program or in a
25 residential rehabilitative center; or
26 (2) by house arrest or electronic surveillance combined
27 with drug and alcohol treatment.]
28 (i) for a first, second or third offense under 75
29 Pa.C.S Ch. 38 (relating to driving while impaired); and
30 (ii) after undergoing an assessment under 75 Pa.C.S.
20030H0004B2365 - 10 -
1 § 3814 (relating to drug and alcohol assessments).
2 (2) If the defendant is determined to be in need of drug
3 and alcohol treatment, the defendant may only be sentenced to
4 intermediate punishment which includes participation in drug
5 and alcohol treatment under 75 Pa.C.S. § 3815(c) (relating to
6 mandatory sentencing). Such treatment may be combined with
7 house arrest with electronic surveillance or a partial
8 confinement program, such as work release, a work camp or a
9 halfway facility.
10 (3) If the defendant is determined not to be in need of
11 drug and alcohol treatment, the defendant may only be
12 sentenced to intermediate punishment:
13 (i) by house arrest or electronic surveillance;
14 (ii) partial confinement programs, such as work
15 release, work camps and halfway facilities; or
16 (iii) any combination of the programs set forth in
17 this subsection.
18 * * *
19 Section 8.1. Section 9804(b)(3) of Title 42 is amended and
20 the subsection is amended by adding paragraphs to read:
21 § 9804. County intermediate punishment programs.
22 * * *
23 (b) Eligibility.--
24 * * *
25 [(3) Any person receiving a penalty imposed pursuant to
26 75 Pa.C.S. § 1543(b) (relating to driving while operating
27 privilege is suspended or revoked) or 3731(e) (relating to
28 driving under influence of alcohol or controlled substance)
29 may only be sentenced to intermediate punishment program in:
30 (i) a residential inpatient program or a residential
20030H0004B2365 - 11 -
1 rehabilitative center;
2 (ii) house arrest and electronic surveillance
3 combined with drug and alcohol treatment; or
4 (iii) partial confinement programs, such as work
5 release, work camps and halfway facilities, combined with
6 drug and alcohol treatment.]
7 (4) (i) Any person receiving a penalty imposed pursuant
8 to 75 Pa.C.S. § 1543(b) (relating to driving while
9 operating privilege is suspended or revoked) or 3804
10 (relating to penalties) shall undergo an assessment under
11 75 Pa.C.S. § 3814 (relating to drug and alcohol
12 assessments).
13 (ii) If the defendant is determined to be in need of
14 drug and alcohol treatment, a sentence to intermediate
15 punishment shall include participation in drug and
16 alcohol treatment under 75 Pa.C.S. § 3815(c) (relating to
17 mandatory sentencing). Such treatment may be combined
18 with house arrest with electronic surveillance or a
19 partial confinement program, such as work release, a work
20 camp or a halfway facility.
21 (iii) If the defendant is determined not to be in
22 need of drug and alcohol treatment, the defendant may
23 only be sentenced to intermediate punishment program in:
24 (A) house arrest and electronic surveillance;
25 (B) partial confinement programs, such as work
26 release, work camps and halfway facilities; or
27 (C) any combination of the programs set forth in
28 this paragraph.
29 (5) A defendant subject to 75 Pa.C.S § 3804 (relating to
30 penalties) may only be sentenced to intermediate punishment
20030H0004B2365 - 12 -
1 for a first, second or third offense under 75 Pa.C.S. Ch. 38
2 (relating to driving while impaired).
3 Section 9. Sections 1516(c) and (d) and 1532(b)(3) of Title
4 75 are amended to read:
5 § 1516. Department records.
6 * * *
7 (c) Dismissal of charges for violations.--If a charge for
8 violation of any of the provisions of this title against any
9 person is dismissed where there have been no prior convictions
10 by any court of competent jurisdiction, no record of the charge
11 and dismissal shall be included in the driving record of the
12 person. If the person has been previously convicted of the
13 charge and suspension was imposed by the department, which
14 suspension was either partially or fully served, the department
15 may keep a record of the offense for the purpose of showing the
16 suspension was imposed against the person[.], but the offense
17 shall not be used for the purpose of calculating the requisite
18 number of offenses under section 1542 (relating to revocation of
19 habitual offender's license). In addition, the department may
20 keep records of charges that have been filed with the courts in
21 order to determine a person's eligibility for a probationary
22 license under the provisions of section 1554(b)(3) (relating to
23 probationary license). All records maintained pursuant to this
24 subsection shall be maintained for administrative and law
25 enforcement use only and shall not be released for any other
26 purpose.
27 (d) Updating driving record.--Drivers wishing to have their
28 record reviewed by the department may make such a request in
29 order that the record be brought up to date. In updating
30 records, the department shall include recalculation of
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1 suspension or revocation segments and the assignment and
2 crediting of any suspension or revocation time previously
3 assigned or credited toward a suspension or revocation which
4 resulted from a conviction which has been vacated, overturned,
5 dismissed or withdrawn. Any fully or partially served suspension
6 or revocation time may only be reassigned or credited toward a
7 suspension or revocation segment processed on the driver's
8 record as of the actual commencement date of the fully or
9 partially served suspension or revocation time.
10 § 1532. Suspension of operating privilege.
11 * * *
12 (b) Suspension.--
13 * * *
14 (3) The department shall suspend the operating privilege
15 of any driver for 12 months upon receiving a certified record
16 of the driver's conviction of section [3731 (relating to
17 driving under influence of alcohol or controlled substance)
18 or] 3733 (relating to fleeing or attempting to elude police
19 officer)[,] or a substantially similar [offenses] offense
20 reported to the department under Article III of section 1581
21 (relating to Driver's License Compact), or an adjudication of
22 delinquency based on section [3731 or] 3733. The department
23 shall suspend the operating privilege of any driver for six
24 months upon receiving a certified record of a consent decree
25 granted under 42 Pa.C.S. Ch. 63 (relating to juvenile
26 matters) based on section [3731 or] 3733.
27 * * *
28 Section 10. Section 1534(b) of Title 75 is amended and the
29 section is amended by adding subsections to read:
30 § 1534. Notice of acceptance of Accelerated Rehabilitative
20030H0004B2365 - 14 -
1 Disposition.
2 * * *
3 (b) Exception.--If a person is arrested for any offense
4 enumerated in section [3731] 3802 (relating to driving under
5 influence of alcohol or controlled substance) and is offered and
6 accepts Accelerated Rehabilitative Disposition under general
7 rules, the court shall promptly notify the department. The
8 department shall maintain a record of the acceptance of
9 Accelerated Rehabilitative Disposition for a period of [seven]
10 ten years from the date of notification. This record shall not
11 be expunged [by order of court.] prior to the expiration of the
12 ten-year period.
13 (c) Expungement.--Immediately following the expiration of
14 the ten-year period, the department shall expunge the record of
15 the acceptance of Accelerated Rehabilitative Disposition. The
16 Department shall not require an order of court to expunge the
17 record.
18 (d) Exceptions to expungement.--The department shall not be
19 required to expunge the record of acceptance of Accelerated
20 Rehabilitative Disposition if:
21 (1) during the ten-year period, the department revokes
22 the operating privileges of a person pursuant to section 1542
23 (relating to revocation of habitual offender's license); or
24 (2) the person was a commercial driver at the time of
25 the violation causing the disposition.
26 Section 11. Sections 1541(a.1) and (d), 1542(b), 1543(b) and
27 1547(b)(1), (c), (d), (e) and (i) of Title 75 are amended to
28 read:
29 § 1541. Period of disqualification, revocation or suspension of
30 operating privilege.
20030H0004B2365 - 15 -
1 * * *
2 (a.1) Credit toward serving period of suspension for certain
3 violations.--Credit toward serving the period of suspension or
4 revocation imposed for sections [3731 (relating to driving under
5 influence of alcohol or controlled substance),] 3732 (relating
6 to homicide by vehicle), 3735 (relating to homicide by vehicle
7 while driving under the influence) [and], 3735.1 (relating to
8 aggravated assault by vehicle while driving under the influence)
9 and 3802 (relating to driving under influence of alcohol or
10 controlled substance) shall not commence until the date of the
11 person's release from prison.
12 * * *
13 (d) Continued suspension of operating privilege.--A
14 defendant ordered by the court under section [1548] 3816
15 (relating to requirements for driving under influence
16 offenders), as the result of a conviction or Accelerated
17 Rehabilitative Disposition of a violation of section [3731
18 (relating to driving under influence of alcohol or controlled
19 substance)] 3802, to attend a treatment program for alcohol or
20 drug addiction must successfully complete all requirements of
21 the treatment program ordered by the court before the
22 defendant's operating privilege may be restored. Successful
23 completion of a treatment program includes the payment of all
24 court-imposed fines and costs, as well as fees to be paid to the
25 treatment program by the defendant. If a defendant fails to
26 successfully complete the requirements of a treatment program,
27 the suspension shall remain in effect until the defendant
28 completes the program and is otherwise eligible for restoration
29 of his operating privilege. The treatment agency shall
30 immediately notify the court of successful completion of the
20030H0004B2365 - 16 -
1 treatment program. The final decision as to whether a defendant
2 has successfully completed the treatment program rests with the
3 court.
4 § 1542. Revocation of habitual offender's license.
5 * * *
6 (b) Offenses enumerated.--Three convictions arising from
7 separate acts of any one or more of the following offenses
8 committed by any person shall result in such person being
9 designated as a habitual offender:
10 (1) Any violation of Subchapter B of Chapter 37
11 (relating to serious traffic offenses).
12 (1.1) Any violation of Chapter 38 (relating to driving
13 while impaired).
14 (2) Any violation of section 3367 (relating to racing on
15 highways).
16 (3) Any violation of section 3742 (relating to accidents
17 involving death or personal injury).
18 (3.1) Any violation of section 3742.1 (relating to
19 accidents involving death or personal injury while not
20 properly licensed).
21 (4) Any violation of section 3743 (relating to accidents
22 involving damage to attended vehicle or property).
23 * * *
24 § 1543. Driving while operating privilege is suspended or
25 revoked.
26 * * *
27 (b) Certain offenses.--
28 (1) A person who drives a motor vehicle on a highway or
29 trafficway of this Commonwealth at a time when the person's
30 operating privilege is suspended or revoked as a condition of
20030H0004B2365 - 17 -
1 acceptance of Accelerated Rehabilitative Disposition for a
2 violation of section [3731] 3802 (relating to driving under
3 influence of alcohol or controlled substance) or because of a
4 violation of section 1547(b)(1) (relating to suspension for
5 refusal) or [3731] 3802 or is suspended under section 1581
6 (relating to Driver's License Compact) for an offense
7 substantially similar to a violation of section [3731] 3802
8 shall, upon conviction, be guilty of a summary offense and
9 shall be sentenced to pay a fine of [$1,000] $500 and to
10 undergo imprisonment for a period of not less than [90] 60
11 days.
12 (1.1) (i) A person who has an amount of alcohol by
13 weight in his blood that is equal to or greater than .02%
14 or [is under the influence of a controlled substance as
15 defined in section 1603 (relating to definitions)] who
16 has any amount of a Schedule I, II or III controlled
17 substance, as defined in the act of April 14, 1972
18 (P.L.233, No.64), known as The Controlled Substance,
19 Drug, Device and Cosmetic Act, or its metabolite, which
20 has not been medically prescribed for the individual and
21 who drives a motor vehicle on any highway or trafficway
22 of this Commonwealth at a time when the person's
23 operating privilege is suspended or revoked as a
24 condition of acceptance of Accelerated Rehabilitative
25 Disposition for a violation of section [3731] 3802 or
26 because of a violation of section 1547(b)(1) or [3731]
27 3802 or is suspended under section 1581 for an offense
28 substantially similar to a violation of section [3731]
29 3802 shall, upon a first conviction, be guilty of a
30 summary offense and shall be sentenced to pay a fine of
20030H0004B2365 - 18 -
1 $1,000 and to undergo imprisonment for a period of not
2 less than 90 days.
3 (ii) A second violation of this paragraph shall
4 constitute a misdemeanor of the third degree, and upon
5 conviction thereof the person shall be sentenced to pay a
6 fine of $2,500 and to undergo imprisonment for not less
7 than six months.
8 (iii) A third or subsequent violation of this
9 paragraph shall constitute a misdemeanor of the first
10 degree, and upon conviction thereof the person shall be
11 sentenced to pay a fine of $5,000 and to undergo
12 imprisonment for not less than two years.
13 (2) This subsection shall apply to any person against
14 whom one of these suspensions has been imposed whether the
15 person is currently serving this suspension or whether the
16 effective date of suspension has been deferred under any of
17 the provisions of section 1544 (relating to additional period
18 of revocation or suspension). This provision shall also apply
19 until the person has had the operating privilege restored.
20 This subsection shall also apply to any revocation imposed
21 pursuant to section 1542 (relating to revocation of habitual
22 offender's license) if any of the enumerated offenses was for
23 a violation of section [3731] 3802 or for an out-of-State
24 offense that is substantially similar to a violation of
25 section [3731] 3802 for which a revocation is imposed under
26 section 1581.
27 * * *
28 § 1547. Chemical testing to determine amount of alcohol or
29 controlled substance.
30 * * *
20030H0004B2365 - 19 -
1 (b) Suspension for refusal.--
2 (1) If any person placed under arrest for a violation of
3 section [3731] 3802 (relating to driving under influence of
4 alcohol or controlled substance) is requested to submit to
5 chemical testing and refuses to do so, the testing shall not
6 be conducted but upon notice by the police officer, the
7 department shall suspend the operating privilege of the
8 person [for a period of 12 months.] as follows:
9 (i) Except as set forth in subparagraph (ii), for a
10 period of 12 months.
11 (ii) For a period of 24 months if any of the
12 following apply:
13 (A) The person's operating privileges have
14 previously been suspended under this subsection.
15 (B) The person has, prior to the refusal under
16 this paragraph, been sentenced for:
17 (I) an offense under former section 3731;
18 (II) an offense under section 3802 (relating
19 to driving under influence of alcohol or
20 controlled substance);
21 (III) an offense equivalent to an offense
22 under subclause (I) or (II); or
23 (IV) a combination of the offenses set forth
24 in this clause.
25 * * *
26 (c) Test results admissible in evidence.--In any summary
27 proceeding or criminal proceeding in which the defendant is
28 charged with a violation of section [3731] 3802 or any other
29 violation of this title arising out of the same action, the
30 amount of alcohol or controlled substance in the defendant's
20030H0004B2365 - 20 -
1 blood, as shown by chemical testing of the person's breath,
2 blood or urine, which tests were conducted by qualified persons
3 using approved equipment, shall be admissible in evidence.
4 (1) Chemical tests of breath shall be performed on
5 devices approved by the Department of Health using procedures
6 prescribed jointly by regulations of the Departments of
7 Health and Transportation. Devices shall have been calibrated
8 and tested for accuracy within a period of time and in a
9 manner specified by regulations of the Departments of Health
10 and Transportation. For purposes of breath testing, a
11 qualified person means a person who has fulfilled the
12 training requirement in the use of the equipment in a
13 training program approved by the Departments of Health and
14 Transportation. A certificate or log showing that a device
15 was calibrated and tested for accuracy and that the device
16 was accurate shall be presumptive evidence of those facts in
17 every proceeding in which a violation of this title is
18 charged.
19 (2) Chemical tests of blood or urine, if conducted by a
20 facility located in this Commonwealth, shall be performed by
21 a clinical laboratory licensed and approved by the Department
22 of Health for this purpose using procedures and equipment
23 prescribed by the Department of Health or by a Pennsylvania
24 State Police criminal laboratory. For purposes of blood and
25 urine testing, qualified person means an individual who is
26 authorized to perform those chemical tests under the act of
27 September 26, 1951 (P.L.1539, No.389), known as The Clinical
28 Laboratory Act.
29 (3) Chemical tests of blood or urine, if conducted by a
30 facility located outside this Commonwealth, shall be
20030H0004B2365 - 21 -
1 performed:
2 (i) by a facility licensed by the Department of
3 Health; or
4 (ii) by a facility licensed to conduct the tests by
5 the state in which the facility is located and licensed
6 pursuant to the Clinical Laboratory Improvement
7 Amendments of 1988 (Public Law 100-578, 102 Stat. 2903).
8 [(d) Presumptions from amount of alcohol.--If chemical
9 testing of a person's breath, blood or urine shows:
10 (1) That the amount of alcohol by weight in the blood of
11 an adult is 0.05% or less, it shall be presumed that the
12 adult was not under the influence of alcohol and the adult
13 shall not be charged with any violation under section
14 3731(a)(1), (4) or (5) (relating to driving under influence
15 of alcohol or controlled substance), or, if the adult was so
16 charged prior to the test, the charge shall be void ab
17 initio. This fact shall not give rise to any presumption
18 concerning a violation of section 3731(a)(2) or (3) or (i).
19 (2) That the amount of alcohol by weight in the blood of
20 an adult is in excess of 0.05% but less than 0.10%, this fact
21 shall not give rise to any presumption that the adult was or
22 was not under the influence of alcohol, but this fact may be
23 considered with other competent evidence in determining
24 whether the adult was or was not under the influence of
25 alcohol. This provision shall not negate the provisions of
26 section 3731(i).
27 (3) That the amount of alcohol by weight in the blood
28 of:
29 (i) an adult is 0.10% or more; or
30 (ii) a minor is 0.02% or more,
20030H0004B2365 - 22 -
1 this fact may be introduced into evidence if the person is
2 charged with violating section 3731.]
3 (e) Refusal admissible in evidence.--In any summary
4 proceeding or criminal proceeding in which the defendant is
5 charged with a violation of section [3731] 3802 or any other
6 violation of this title arising out of the same action, the fact
7 that the defendant refused to submit to chemical testing as
8 required by subsection (a) may be introduced in evidence along
9 with other testimony concerning the circumstances of the
10 refusal. No presumptions shall arise from this evidence but it
11 may be considered along with other factors concerning the
12 charge.
13 * * *
14 (i) Request by driver for test.--Any person involved in an
15 accident or placed under arrest for a violation of section
16 [3731] 3802 may request a chemical test of his breath, blood or
17 urine. Such requests shall be honored when it is reasonably
18 practicable to do so.
19 * * *
20 Section 12. Section 1548 of Title 75 is repealed.
21 Section 13. Section 1552 of Title 75 is amended to read:
22 § 1552. Accelerated Rehabilitative Disposition.
23 The court of common pleas in each judicial district and the
24 Municipal Court of Philadelphia shall establish and implement a
25 program for Accelerated Rehabilitative Disposition for persons
26 charged with a violation of section [3731] 3802 (relating to
27 driving under influence of alcohol or controlled substance) in
28 accordance with the provisions of this chapter and rules adopted
29 by the Supreme Court.
30 Section 14. Section 1553(d), (6), (8) and (16), (e) and
20030H0004B2365 - 23 -
1 (f)(1) are amended and the section is amended by adding
2 subsections to read:
3 § 1553. Occupational limited license.
4 * * *
5 (d) Unauthorized issuance.--The department shall prohibit
6 issuance of an occupational limited license to:
7 * * *
8 (6) [ Any] Except as set forth in subsection (d.1) or
9 (d.2) any person who has been adjudicated delinquent or
10 convicted of driving under the influence of alcohol or
11 controlled substance unless the suspension or revocation
12 imposed for that conviction has been fully served.
13 * * *
14 (8) [Any] Except as set forth in subsections (d.1) and
15 (d.2), any person who has been granted a consent decree or
16 Accelerated Rehabilitative Disposition for driving under the
17 influence of alcohol or controlled substance and whose
18 license has been suspended by the department unless the
19 suspension imposed has been fully served.
20 * * *
21 (16) [Any] Except as set forth in subsection (d.3), any
22 person whose operating privilege has been suspended under an
23 interjurisdictional agreement as provided for in section 6146
24 as the result of a conviction or adjudication if the
25 conviction or adjudication for an equivalent offense in this
26 Commonwealth would have prohibited the issuance of an
27 occupational limited license.
28 * * *
29 (d.1) Adjudication eligibility.--An individual who has been
30 adjudicated delinquent, convicted, granted a consent decree or
20030H0004B2365 - 24 -
1 granted Accelerated Rehabilitation Disposition for driving under
2 the influence of alcohol or controlled substance and does not
3 have a prior offense as defined in section 3806(a) (relating to
4 prior offenses) shall be eligible for an occupational limited
5 license.
6 (d.2) Suspension eligibility.--
7 (1) An individual whose license has been suspended for a
8 period of 24 months under section 1547(b)(1)(ii) (relating to
9 chemical testing to determine amount of alcohol or controlled
10 substance) or 3804(e)(2)(ii) (relating to penalties) shall
11 not be prohibited from obtaining an occupational limited
12 license under this section if the individual:
13 (i) is otherwise eligible for restoration;
14 (ii) has served at least 12 months of the license
15 suspension;
16 (iii) only operates a motor vehicle equipped with an
17 ignition interlock system as defined in section 3801
18 (relating to definitions); and
19 (iv) has certified to the department under paragraph
20 (3).
21 (2) A period of ignition interlock accepted under this
22 subsection shall not count towards the one-year mandatory
23 period of ignition interlock imposed under section 3805
24 (relating to ignition interlock).
25 (3) If an individual seeks an occupational limited
26 license under this subsection, the department shall require
27 that each motor vehicle owned or registered to the person has
28 been equipped with an approved ignition interlock system as a
29 condition of issuing an occupational limited license with an
30 ignition interlock restriction.
20030H0004B2365 - 25 -
1 (d.3) Interjurisdictional suspensions.--An individual whose
2 operating privilege has been suspended pursuant to an
3 interjurisdictional agreement under section 6146 as the result
4 of an adjudication or conviction for driving under the influence
5 of alcohol or controlled substance and does not have a prior
6 offense as defined in section 3806(a) shall be eligible for an
7 occupational limited license.
8 (e) Offenses committed during a period for which an
9 occupational limited license has been issued.--Any driver who
10 has been issued an occupational limited license and as to whom
11 the department receives a report of conviction of an offense for
12 which the penalty is a cancellation, disqualification, recall,
13 suspension or revocation of operating privileges or a report
14 under section 3815(c)(4) (relating to mandatory sentencing)
15 shall have the occupational limited license recalled, and the
16 driver shall surrender the limited license to the department or
17 its agents designated under the authority of section 1540.
18 (f) Restrictions.--A driver who has been issued an
19 occupational limited license shall observe the following:
20 (1) The driver shall operate a designated vehicle only
21 [between]:
22 (i) Between the driver's place of residence and
23 place of employment or study and as necessary in the
24 course of employment or conducting a business or pursuing
25 a course of study where the operation of a motor vehicle
26 is a requirement of employment or of conducting a
27 business or of pursuing a course of study.
28 (ii) To and from a place for scheduled or emergency
29 medical examination or treatment. This subparagraph
30 includes treatment required under Chapter 38 (relating to
20030H0004B2365 - 26 -
1 driving while impaired).
2 * * *
3 Section 15. Sections 1554(f)(8), 1575(b), 1586, 1611(a)(1),
4 3101(b), 3326(c), 3327(e) and 3716(a) are amended to read:
5 § 1554. Probationary license.
6 * * *
7 (f) Unauthorized issuance.--The department shall not issue a
8 probationary license to:
9 * * *
10 (8) A person who has been convicted of a violation of
11 section [3731] 3802 (relating to driving under influence of
12 alcohol or controlled substance) within the preceding seven
13 years.
14 * * *
15 § 1575. Permitting violation of title.
16 * * *
17 (b) Penalty.--Any person violating the provisions of
18 subsection (a) is guilty of a summary offense and is subject to
19 the same fine as the driver of the vehicle. If the driver is
20 convicted under section [3731 (relating to driving under
21 influence of alcohol or controlled substance) or] 3735 (relating
22 to homicide by vehicle while driving under influence) or 3802
23 (relating to driving under influence of alcohol or controlled
24 substance), the person violating subsection (a) shall also be
25 subject to suspension or revocation, as applicable, under
26 sections [1532 (relating to revocation or suspension of
27 operating privilege)] 3804(e) (relating to penalties) and 1542
28 (relating to revocation of habitual offender's license).
29 * * *
30 § 1586. Duties of department.
20030H0004B2365 - 27 -
1 The department shall, for purposes of imposing a suspension
2 or revocation under Article IV of the compact, treat reports of
3 convictions received from party states that relate to driving,
4 operating or being in actual physical control of a vehicle while
5 impaired by or under the influence of alcohol, intoxicating
6 liquor, drugs, narcotics, controlled substances or other
7 impairing or intoxicating substance as being substantially
8 similar to section [3731] 3802 (relating to driving under the
9 influence of alcohol or controlled substance). The fact that the
10 offense reported to the department by a party state may require
11 a different degree of impairment of a person's ability to
12 operate, drive or control a vehicle than that required to
13 support a conviction for a violation of section [3731] 3802
14 shall not be a basis for determining that the party state's
15 offense is not substantially similar to section [3731] 3802 for
16 purposes of Article IV of the compact.
17 § 1611. Disqualification.
18 (a) Disqualification for first violation of certain
19 offenses.--Upon receipt of a certified copy of conviction, the
20 department shall, in addition to any other penalties imposed
21 under this title, disqualify any person from driving a
22 commercial motor vehicle or school vehicle for a period of one
23 year for the first violation of:
24 (1) section [3731] 3802 (relating to driving under the
25 influence of alcohol or controlled substance), where the
26 violation occurred while the person was operating a
27 commercial motor vehicle or school vehicle;
28 * * *
29 § 3101. Application of part.
30 * * *
20030H0004B2365 - 28 -
1 (b) Serious traffic offenses.--The provisions of section
2 3345 (relating to meeting or overtaking school bus) [and],
3 Subchapter B of Chapter 37 (relating to serious traffic
4 offenses) and Chapter 38 (relating to driving while impaired)
5 shall apply upon highways and trafficways throughout this
6 Commonwealth.
7 § 3326. Duty of driver in construction and maintenance areas or
8 on highway safety corridors.
9 * * *
10 (c) Fines to be doubled.-- For any of the following
11 violations, when committed in an active work zone manned by
12 workers acting in their official capacity or on a highway safety
13 corridor designated under section 6105.1 (relating to
14 designation of highway safety corridors), the fine shall be
15 double the usual amount:
16 Section 3102 (relating to obedience to authorized
17 persons directing traffic).
18 Section 3111 (relating to obedience to traffic-
19 control devices).
20 Section 3112 (relating to traffic-control signals).
21 Section 3114 (relating to flashing signals).
22 Section 3302 (relating to meeting vehicle proceeding
23 in opposite direction).
24 Section 3303 (relating to overtaking vehicle on the
25 left).
26 Section 3304 (relating to overtaking vehicle on the
27 right).
28 Section 3305 (relating to limitations on overtaking
29 on the left).
30 Section 3306 (relating to limitations on driving on
20030H0004B2365 - 29 -
1 left side of roadway).
2 Section 3307 (relating to no-passing zones).
3 Section 3309 (relating to driving on roadways laned
4 for traffic).
5 Section 3310 (relating to following too closely).
6 Section 3323 (relating to stop signs and yield
7 signs).
8 Section 3326 (relating to duty of driver in
9 construction and maintenance areas).
10 Section 3361 (relating to driving vehicle at safe
11 speed).
12 Section 3362 (relating to maximum speed limits).
13 Section 3702 (relating to limitations on backing).
14 Section 3714 (relating to careless driving).
15 Section 3715 (relating to restriction on alcoholic
16 beverages).
17 [Section 3731 (relating to driving under influence of
18 alcohol or controlled substance).]
19 Section 3736 (relating to reckless driving).
20 Section 3802 (relating to driving under influence of
21 alcohol or controlled substance).
22 * * *
23 § 3327. Duty of driver in emergency response areas.
24 * * *
25 (e) Fines to be doubled.--In addition to any penalty as
26 provided in subsection (b), the fine for any of the following
27 violations when committed in an emergency response area manned
28 by emergency service responders shall be double the usual
29 amount:
30 Section 3102 (relating to obedience to authorized persons
20030H0004B2365 - 30 -
1 directing traffic).
2 Section 3111 (relating to obedience to traffic-control
3 devices).
4 Section 3114 (relating to flashing signals).
5 Section 3302 (relating to meeting vehicle proceeding in
6 opposite direction).
7 Section 3303 (relating to overtaking vehicle on the
8 left).
9 Section 3304 (relating to overtaking vehicle on the
10 right).
11 Section 3305 (relating to limitations on overtaking on
12 the left).
13 Section 3306 (relating to limitations on driving on left
14 side of roadway).
15 Section 3307 (relating to no-passing zones).
16 Section 3310 (relating to following too closely).
17 Section 3312 (relating to limited access highway
18 entrances and exits).
19 Section 3323 (relating to stop signs and yield signs).
20 Section 3325 (relating to duty of driver on approach of
21 emergency vehicle).
22 Section 3361 (relating to driving vehicle at safe speed).
23 Section 3707 (relating to driving or stopping close to
24 fire apparatus).
25 Section 3710 (relating to stopping at intersection or
26 crossing to prevent obstruction).
27 Section 3714 (relating to careless driving).
28 Section 3715.1 (relating to restriction on alcoholic
29 beverages).
30 [Section 3731 (relating to driving under influence of
20030H0004B2365 - 31 -
1 alcohol or controlled substance).]
2 Section 3736 (relating to reckless driving).
3 Section 3802 (relating to driving under influence of
4 alcohol or controlled substance).
5 * * *
6 § 3716. Accidents involving overturned vehicles.
7 (a) Speeding, careless driving, etc.--If a commercial motor
8 vehicle overturns in an accident resulting from a violation of
9 section 3361 (relating to driving vehicle at safe speed), 3362
10 (relating to maximum speed limits), 3714 (relating to careless
11 driving) or [3731] 3802 (relating to driving under influence of
12 alcohol or controlled substance), the operator of the vehicle
13 shall, upon conviction of any of the aforementioned offenses, be
14 sentenced to pay a fine of $2,000, in addition to any other
15 penalty authorized by law.
16 * * *
17 Section 16. Section 3731 of Title 75 is repealed.
18 Section 17. Sections 3732(a), 3735(a), 3735.1(a) and 3755(a)
19 of Title 75 are amended to read:
20 § 3732. Homicide by vehicle.
21 (a) Offense.--Any person who recklessly or with gross
22 negligence causes the death of another person while engaged in
23 the violation of any law of this Commonwealth or municipal
24 ordinance applying to the operation or use of a vehicle or to
25 the regulation of traffic except section [3731] 3802 (relating
26 to driving under influence of alcohol or controlled substance)
27 is guilty of homicide by vehicle, a felony of the third degree,
28 when the violation is the cause of death.
29 * * *
30 § 3735. Homicide by vehicle while driving under influence.
20030H0004B2365 - 32 -
1 (a) Offense defined.--Any person who unintentionally causes
2 the death of another person as the result of a violation of
3 section [3731] 3802 (relating to driving under influence of
4 alcohol or controlled substance) and who is convicted of
5 violating section [3731] 3802 is guilty of a felony of the
6 second degree when the violation is the cause of death and the
7 sentencing court shall order the person to serve a minimum term
8 of imprisonment of not less than three years. A consecutive
9 three-year term of imprisonment shall be imposed for each victim
10 whose death is the result of the violation of section [3731]
11 3802.
12 * * *
13 § 3735.1. Aggravated assault by vehicle while driving under the
14 influence.
15 (a) Offense defined.--Any person who negligently causes
16 serious bodily injury to another person as the result of a
17 violation of section [3731] 3802 (relating to driving under
18 influence of alcohol or controlled substance) and who is
19 convicted of violating section [3731] 3802 commits a felony of
20 the second degree when the violation is the cause of the injury.
21 * * *
22 § 3755. Reports by emergency room personnel.
23 (a) General rule.--If, as a result of a motor vehicle
24 accident, the person who drove, operated or was in actual
25 physical control of the movement of any involved motor vehicle
26 requires medical treatment in an emergency room of a hospital
27 and if probable cause exists to believe a violation of section
28 [3731] 3802 (relating to driving under influence of alcohol or
29 controlled substance) was involved, the emergency room physician
30 or his designee shall promptly take blood samples from those
20030H0004B2365 - 33 -
1 persons and transmit them within 24 hours for testing to the
2 Department of Health or a clinical laboratory licensed and
3 approved by the Department of Health and specifically designated
4 for this purpose. This section shall be applicable to all
5 injured occupants who were capable of motor vehicle operation if
6 the operator or person in actual physical control of the
7 movement of the motor vehicle cannot be determined. Test results
8 shall be released upon request of the person tested, his
9 attorney, his physician or governmental officials or agencies.
10 * * *
11 Section 18. Title 75 is amended by adding a chapter to read:
12 CHAPTER 38
13 DRIVING WHILE IMPAIRED
14 Sec.
15 3801. Definitions.
16 3802. Driving under influence of alcohol or controlled
17 substance.
18 3803. Grading.
19 3804. Penalties.
20 3805. Ignition interlock.
21 3806. Prior offenses.
22 3807. Accelerated rehabilitative disposition.
23 3808. Illegally operating a motor vehicle not equipped with
24 ignition interlock.
25 3809. Restriction on alcoholic beverages.
26 3810. Authorized use not a defense.
27 3811. Certain arrests authorized.
28 3812. Preliminary hearing or arraignment.
29 3813. Work release.
30 3814. Drug and alcohol assessments.
20030H0004B2365 - 34 -
1 3815. Mandatory sentencing.
2 3816. Requirements for driving under influence offenders.
3 3817. Reporting requirements for offenses.
4 § 3801. Definitions.
5 The following words and phrases when used in this chapter
6 shall have the meanings given to them in this section unless the
7 context clearly indicates otherwise:
8 "Adult." An individual who is at least 21 years of age.
9 "Ignition interlock system." A system approved by the
10 department which prevents a vehicle from being started or
11 operated unless the operator first provides a breath sample
12 indicating that the operator has an alcohol level less than
13 .025%.
14 "Minor." An individual who is under 21 years of age.
15 § 3802. Driving under influence of alcohol or controlled
16 substance.
17 (a) General impairment.--
18 (1) An individual may not drive, operate or be in actual
19 physical control of the movement of a vehicle after imbibing
20 a sufficient amount of alcohol such that the individual was
21 incapable of safely driving, operating or being in actual
22 physical control of the movement of the vehicle.
23 (2) An individual may not drive, operate or be in actual
24 physical control of the movement of a vehicle after imbibing
25 a sufficient amount of alcohol such that the alcohol
26 concentration in the individual's blood or breath is at least
27 .08% but less than .10% within three hours after the
28 individual has driven, operated or been in actual physical
29 control of the movement of the vehicle.
30 (b) High rate of alcohol.--An individual may not drive,
20030H0004B2365 - 35 -
1 operate or be in actual physical control of the movement of a
2 vehicle after imbibing a sufficient amount of alcohol such that
3 the alcohol concentration in the individual's blood or breath is
4 at least .10% but less than .16% within three hours after the
5 individual has driven, operated or been in actual physical
6 control of the movement of the vehicle.
7 (c) Highest rate of alcohol.--An individual may not drive,
8 operate or be in actual physical control of the movement of a
9 vehicle after imbibing a sufficient amount of alcohol such that
10 the alcohol concentration in the individual's blood or breath is
11 .16% or higher within three hours after the individual has
12 driven, operated or been in actual physical control of the
13 movement of the vehicle.
14 (d) Controlled substances.--An individual may not drive,
15 operate or be in actual physical control of the movement of a
16 vehicle under any of the following circumstances:
17 (1) There is in the individual's blood any amount of a:
18 (i) Schedule I controlled substance, as defined in
19 the act of April 14, 1972 (P.L.233, No.64), known as The
20 Controlled Substance, Drug, Device and Cosmetic Act;
21 (ii) Schedule II or Schedule III controlled
22 substance, as defined in The Controlled Substance, Drug,
23 Device and Cosmetic Act, which has not been medically
24 prescribed for the individual; or
25 (iii) metabolite of a substance under subparagraph
26 (i) or (ii).
27 (2) The individual is under the influence of a drug or
28 combination of drugs to a degree which impairs the
29 individual's ability to safely drive, operate or be in actual
30 physical control of the movement of the vehicle.
20030H0004B2365 - 36 -
1 (3) The individual is under the combined influence of
2 alcohol and a drug or combination of drugs to a degree which
3 impairs the individual's ability to safely drive, operate or
4 be in actual physical control of the movement of the vehicle.
5 (4) The individual is under the influence of a solvent
6 or noxious substance in violation of 18 Pa.C.S. § 7303
7 (relating to sale or illegal use of certain solvents and
8 noxious substances).
9 (e) Minors.--A minor may not drive, operate or be in actual
10 physical control of the movement of a vehicle after imbibing a
11 sufficient amount of alcohol such that the alcohol concentration
12 in the minor's blood or breath is .02% or higher within three
13 hours after the minor has driven, operated or been in actual
14 physical control of the movement of the vehicle.
15 (f) Commercial school vehicles.--An individual may not
16 drive, operate or be in actual physical control of the movement
17 of a commercial vehicle or school vehicle in any of the
18 following circumstances:
19 (1) After the individual has imbibed a sufficient amount
20 of alcohol such that the alcohol concentration in the
21 individual's blood or breath is:
22 (i) .04% or greater within three hours after the
23 individual has driven, operated or been in actual
24 physical control of the movement of a commercial vehicle
25 other than a school bus or a school vehicle.
26 (ii) .02% or greater within three hours after the
27 individual has driven, operated or been in actual
28 physical control of the movement of a school bus or a
29 school vehicle.
30 (2) After the individual has imbibed a sufficient amount
20030H0004B2365 - 37 -
1 of alcohol such that the individual was incapable of safely
2 driving, operating or being in actual physical control of the
3 movement of a commercial vehicle.
4 (3) While the individual is under the influence of a
5 controlled substance or combination of controlled substances,
6 as defined in section 1603 (relating to definitions).
7 (4) While the individual is under the combined influence
8 of alcohol and a controlled substance or combination of
9 controlled substances, as defined in section 1603.
10 (g) Exception to three-hour rule.--Notwithstanding the
11 provisions of subsection (a), (b), (c), (e) or (f), where
12 alcohol concentration in an individual's blood or breath is an
13 element of the offense, evidence of such alcohol concentration
14 more than three hours after the individual has driven, operated
15 or been in actual physical control of the movement of the
16 vehicle is sufficient to establish that element of the offense
17 under the following circumstances:
18 (1) where the Commonwealth shows good cause explaining
19 why the chemical test could not be performed within three
20 hours; and
21 (2) where the Commonwealth establishes that the
22 individual did not imbibe any alcohol between the time the
23 individual was arrested and the time the test was performed.
24 § 3803. Grading.
25 (a) Basic offenses.--
26 (1) An individual who violates section 3802(a) (relating
27 to driving under influence of alcohol or controlled
28 substance) and has no more than one prior offense commits a
29 misdemeanor for which the individual may be sentenced to a
30 term of imprisonment of not more than six months and to pay a
20030H0004B2365 - 38 -
1 fine under section 3804 (relating to penalties).
2 (2) An individual who violates section 3802(a) and has
3 more than one prior offense commits a misdemeanor of the
4 second degree.
5 (b) Other offenses.--
6 (1) An individual who violates section 3802(b), (e) or
7 (f) and who has no more than one prior offense commits a
8 misdemeanor for which the individual may be sentenced to a
9 term of imprisonment of not more than six months and to pay a
10 fine under section 3804.
11 (2) An individual who violates section 3802(c) or (d)
12 and who has no prior offenses commits a misdemeanor for which
13 the individual may be sentenced to a term of imprisonment of
14 not more than six months and to pay a fine under section
15 3804.
16 (3) An individual who violates section 3802(b), (e) or
17 (f) and who has more than one prior offense commits a
18 misdemeanor of the first degree.
19 (4) An individual who violates section 3802(c) or (d)
20 and who has one or more prior offenses commits a misdemeanor
21 of the first degree.
22 § 3804. Penalties.
23 (a) General impairment.--An individual who violates section
24 3802(a) (relating to driving under influence of alcohol or
25 controlled substance) shall be sentenced as follows:
26 (1) For a first offense, to:
27 (i) undergo a period of probation not to exceed six
28 months;
29 (ii) pay a fine of $300;
30 (iii) attend an alcohol highway safety school
20030H0004B2365 - 39 -
1 approved by the department; and
2 (iv) comply with all drug and alcohol treatment
3 requirements imposed under section 3814 (relating to drug
4 and alcohol assessments) and section 3815 (relating to
5 mandatory sentencing).
6 (2) For a second offense, to:
7 (i) undergo imprisonment for not less than five days
8 nor more than six months;
9 (ii) pay a fine of not less than $300 nor more than
10 $2,500;
11 (iii) attend an alcohol highway safety school
12 approved by the department; and
13 (iv) comply with all drug and alcohol treatment
14 requirements imposed under sections 3814 and 3815.
15 (3) For a third or subsequent offense, to:
16 (i) undergo imprisonment of not less than ten days
17 nor more than two years;
18 (ii) pay a fine of not less than $500 nor more than
19 $5,000; and
20 (iii) comply with all drug and alcohol treatment
21 requirements imposed under sections 3814 and 3815.
22 (b) High rate of blood alcohol; minors; commercial vehicles
23 and school buses and school vehicles; accidents.--Except as set
24 forth in subsection (c), an individual who violates section
25 3802(a)(1) where there was an accident resulting in bodily
26 injury, serious bodily injury or death of any person or in
27 damage to a vehicle or other property or who violates section
28 3802(b), (e) or (f) shall be sentenced as follows:
29 (1) For a first offense, to:
30 (i) undergo imprisonment of not less than 72
20030H0004B2365 - 40 -
1 consecutive hours nor more than six months;
2 (ii) pay a fine of not less than $500 nor more than
3 $5,000;
4 (iii) attend an alcohol highway safety school
5 approved by the department; and
6 (iv) comply with all drug and alcohol treatment
7 requirements imposed under sections 3814 and 3815.
8 (2) For a second offense, to:
9 (i) undergo imprisonment of not less than 30 days
10 nor more than six months;
11 (ii) pay a fine of not less than $750 nor more than
12 $5,000;
13 (iii) attend an alcohol highway safety school
14 approved by the department; and
15 (iv) comply with all drug and alcohol treatment
16 requirements imposed under sections 3814 and 3815.
17 (3) For a third offense, to:
18 (i) undergo imprisonment of not less than 120 days
19 nor more than five years;
20 (ii) pay a fine of not less than $1,500 nor more
21 than $10,000; and
22 (iii) comply with all drug and alcohol treatment
23 requirements imposed under sections 3814 and 3815.
24 (4) For a fourth or subsequent offense, to:
25 (i) undergo imprisonment of not less than one year
26 nor more than five years;
27 (ii) pay a fine of not less than $1,500 nor more
28 than $10,000; and
29 (iii) comply with all drug and alcohol treatment
30 requirements imposed under sections 3814 and 3815.
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1 (c) Incapacity; highest blood alcohol; controlled
2 substances.--An individual convicted of violating section
3 3802(a)(1) after having refused testing of blood or breath or of
4 violating section 3802(c) or (d) shall be sentenced as follows:
5 (1) For a first offense, to:
6 (i) undergo imprisonment of not less than five
7 consecutive days nor more than six months;
8 (ii) pay a fine of not less than $1,000 nor more
9 than $5,000;
10 (iii) attend an alcohol highway safety school
11 approved by the department; and
12 (iv) comply with all drug and alcohol treatment
13 requirements imposed under sections 3814 and 3815.
14 (2) For a second offense, to:
15 (i) undergo imprisonment of not less than 90 days
16 nor more than five years;
17 (ii) pay a fine of not less than $1,500;
18 (iii) attend an alcohol highway safety school
19 approved by the department; and
20 (iv) comply with all drug and alcohol treatment
21 requirements imposed under sections 3814 and 3815.
22 (3) For a third or subsequent offense, to:
23 (i) undergo imprisonment of not less than one year
24 nor more than five years;
25 (ii) pay a fine of not less than $2,500; and
26 (iii) comply with all drug and alcohol treatment
27 requirements imposed under sections 3814 and 3815.
28 (d) Extended supervision of court.--Where a person is
29 sentenced pursuant to this chapter and following the initial
30 assessment required by section 3814(1), the person is determined
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1 to be in need of additional treatment pursuant to section
2 3814(2), the judge shall impose a minimum sentence as provided
3 by law and a maximum sentence equal to the statutorily available
4 maximum.
5 (e) Suspension of operating privileges upon conviction.--
6 (1) The department shall suspend the operating privilege
7 of an individual under paragraph (2) upon receiving a
8 certified record of the individual's conviction of or an
9 adjudication of delinquency for:
10 (i) an offense under section 3802; or
11 (ii) a substantially similar offense reported to the
12 department under Article III of the compact in section
13 1581 (relating to Driver's License Compact).
14 (2) Suspension under paragraph (1)(i) shall be in
15 accordance with the following:
16 (i) Except as provided for in subparagraph (iii), 12
17 months for an ungraded misdemeanor or misdemeanor of the
18 second degree under this chapter.
19 (ii) 24 months for a misdemeanor of the first degree
20 under this chapter.
21 (iii) There shall be no suspension for an ungraded
22 misdemeanor under section 3802(a) where the person has no
23 prior offense.
24 (3) Suspension imposed under paragraph (1)(ii) shall be
25 in accordance with the following:
26 (i) Except as set forth in subparagraph (ii), the
27 period shall be six months.
28 (ii) If the individual has a prior offense as
29 defined by section 3806(a) (relating to prior offenses),
30 the period shall be one year.
20030H0004B2365 - 43 -
1 (iii) Notwithstanding any provision of law or
2 enforcement agreement to the contrary, a suspension
3 imposed pursuant to paragraph (1)(ii) shall date from and
4 run concurrently to any suspension imposed by the
5 reporting party state.
6 (f) Community service assignments.--In addition to the
7 penalties set forth in this section, the sentencing judge may
8 impose up to 150 hours of community service. Where the
9 individual has been ordered to drug and alcohol treatment
10 pursuant to sections 3814 and 3815, the community service shall
11 be certified by the drug and alcohol treatment program as
12 consistent with any drug and alcohol treatment requirements
13 imposed under sections 3814 and 3815.
14 (g) Court-ordered ignition interlock.--If the person has a
15 prior offense as defined in section 3806(a), the court shall
16 order the department to require an ignition interlock system
17 under section 3805 (relating to ignition interlock).
18 (h) Sentencing guidelines.--The sentencing guidelines
19 promulgated by the Pennsylvania Commission on Sentencing shall
20 not supersede the mandatory penalties of this section.
21 (i) Appeal.--The Commonwealth has the right to appeal
22 directly to the Superior Court any order of court which imposes
23 a sentence for violation of this section which does not meet the
24 requirements of this section. The Superior Court shall remand
25 the case to the sentencing court for imposition of a sentence in
26 accordance with the provisions of this section.
27 (j) First class cities.--Notwithstanding the provision for
28 direct appeal to the Superior Court, if, in a city of the first
29 class, a person appeals from a judgment of sentence under this
30 section from the municipal court to the common pleas court for a
20030H0004B2365 - 44 -
1 trial de novo, the Commonwealth shall have the right to appeal
2 directly to the Superior Court from the order of the common
3 pleas court if the sentence imposed is in violation of this
4 section. If, in a city of the first class, a person appeals to
5 the court of common pleas after conviction of a violation of
6 this section in the municipal court and thereafter withdraws his
7 appeal to the common pleas court, thereby reinstating the
8 judgment of sentence of the municipal court, the Commonwealth
9 shall have 30 days from the date of the withdrawal to appeal to
10 the Superior Court if the sentence is in violation of this
11 section.
12 § 3805. Ignition interlock.
13 (a) General rule.--Where a person violates section 3802
14 (relating to driving under influence of alcohol or controlled
15 substance) and has a prior offense as defined in section 3806(a)
16 (relating to prior offenses) and the person seeks a restoration
17 of operating privileges, the department shall require as a
18 condition of issuing a restricted license pursuant to this
19 section that any of the following occur:
20 (1) Each motor vehicle owned by the person or registered
21 to the person has been equipped with an approved ignition
22 interlock system and remains so for the duration of the
23 restricted license period.
24 (2) If there are no vehicles owned by the person or
25 registered to the person that the person so certify to the
26 department. A person so certifying shall be deemed to have
27 satisfied the requirement that all vehicles owned by the
28 person or registered to the person be equipped with an
29 ignition interlock system as required by this subsection.
30 (b) Application for a restricted license.--A person subject
20030H0004B2365 - 45 -
1 to this section shall apply to the department for an ignition
2 interlock restricted license under section 1951 (relating to
3 driver's license and learner's permit), which shall be clearly
4 marked to restrict the person to operating only motor vehicles
5 equipped with an approved ignition interlock system. Upon
6 issuance of an ignition interlock restricted license to any
7 person, the department shall notify the person that until the
8 person obtains an unrestricted license the person may not own,
9 register or operate any vehicle which is not equipped with an
10 approved ignition interlock system.
11 (c) Issuance of unrestricted license.--One year from the
12 date of issuance of an ignition interlock restricted license
13 under this section, if otherwise eligible, a person may apply
14 for a replacement license under section 1951(d) that does not
15 contain the ignition interlock system restriction.
16 (d) Prohibition.--Until the person obtains an unrestricted
17 license, the person may not own, register or operate any motor
18 vehicle on a highway within this Commonwealth unless the motor
19 vehicle is equipped with an approved ignition interlock system.
20 (e) Economic hardship exemption.--A person subject to the
21 requirements of subsection (a) may apply to the department for a
22 hardship exemption to the requirement that an ignition interlock
23 system must be installed in each of the person's motor vehicles.
24 Where the department determines that the applicant establishes
25 that such a requirement would result in undue financial
26 hardship, the department may permit the applicant to install an
27 ignition interlock system on only one of the applicant's
28 vehicles. However, the applicant in accordance with section 3808
29 (relating to illegally operating a motor vehicle not equipped
30 with ignition interlock) shall be prohibited from driving any
20030H0004B2365 - 46 -
1 vehicle, including any of the applicant's vehicles, without an
2 ignition interlock system.
3 (f) Employment exemption.--If a person with a restricted
4 license is required in the course and scope of employment to
5 operate a motor vehicle owned by the person's employer, the
6 following apply:
7 (1) Except as set forth in paragraph (2), the person may
8 operate that motor vehicle in the course and scope of
9 employment without installation of an ignition interlock
10 system if:
11 (i) the employer has been notified that the employee
12 is restricted; and
13 (ii) the employee has proof of the notification in
14 the employee's possession while operating the employer's
15 motor vehicle.
16 (2) Paragraph (1) does not apply in any of the following
17 circumstances:
18 (i) To the extent that an employer-owned motor
19 vehicle is made available to the employee for personal
20 use.
21 (ii) If the employer-owned motor vehicle is owned by
22 an entity which is wholly or partially owned by the
23 person subject to this section.
24 § 3806. Prior offenses.
25 (a) General rule.--Except as set forth in subsection (b),
26 the term "prior offense" as used in this chapter shall mean a
27 conviction, adjudication of delinquency, juvenile consent
28 decree, acceptance of Accelerated Rehabilitative Disposition or
29 other form of preliminary disposition before the sentencing on
30 the present violation for any of the following:
20030H0004B2365 - 47 -
1 (1) an offense under former section 3731 (relating to
2 driving under influence of alcohol or controlled substance);
3 (2) an offense under section 3802 (relating to driving
4 under influence of alcohol or controlled substance);
5 (3) an offense substantially similar to an offense under
6 paragraphs (1) or (2) in another jurisdiction; or
7 (4) any combination of the offenses set forth in
8 paragraphs (1), (2) or (3).
9 (b) Exceptions.--For purposes of section 3804 (relating to
10 penalties), the calculation of prior and subsequent offenses
11 shall include any conviction, adjudication of delinquency,
12 juvenile consent decree, acceptance of Accelerated
13 Rehabilitative Disposition or other form of preliminary
14 disposition within the ten years before the present violation
15 occurred for any of the following:
16 (1) an offense under former section 3731;
17 (2) an offense under section 3802;
18 (3) an offense substantially similar to an offense under
19 paragraph (1) or (2) in another jurisdiction; or
20 (4) any combination of the offenses set forth in
21 paragraph (1), (2) or (3).
22 § 3807. Accelerated Rehabilitative Disposition.
23 (a) Eligibility.--
24 (1) Except as set forth in paragraph (2), a defendant
25 charged with a violation of section 3802 (relating to driving
26 under influence of alcohol or controlled substance) may be
27 considered by the attorney for the Commonwealth for
28 participation in an Accelerated Rehabilitative Disposition
29 program in a county if the program includes the minimum
30 requirements contained in this section.
20030H0004B2365 - 48 -
1 (2) The attorney for the Commonwealth shall not submit a
2 charge brought under this chapter for Accelerated
3 Rehabilitative Disposition if any of the following apply:
4 (i) The defendant has been found guilty of or
5 accepted Accelerated Rehabilitative Disposition of a
6 charge brought under section 3802 within ten years of the
7 date of the current offense unless the charge was for an
8 ungraded misdemeanor under section 3802(a)(2) and was the
9 defendant's first offense under section 3802.
10 (ii) An accident occurred in connection with the
11 events surrounding the current offense and an individual
12 other than the defendant was killed or suffered serious
13 bodily injury as a result of the accident.
14 (iii) There was a passenger under 14 years of age in
15 the vehicle the defendant was operating.
16 (b) Evaluation and treatment.--
17 (1) A defendant offered Accelerated Rehabilitative
18 Disposition for a violation of section 3802 is, as a
19 condition of participation in the program, subject to the
20 following requirements in addition to any other conditions of
21 participation imposed by the court:
22 (i) The defendant must attend and successfully
23 complete an alcohol highway safety school established
24 under section 1549 (relating to establishment of
25 schools). A participating defendant shall be given both
26 oral and written notice of the provisions of section
27 1543(b) (relating to driving while operating privilege is
28 suspended or revoked).
29 (ii) Prior to receiving Accelerated Rehabilitative
30 Disposition or other preliminary disposition, the
20030H0004B2365 - 49 -
1 defendant must be evaluated under section 3816(a)
2 (relating to requirements for driving under influence
3 offenders) to determine the extent of the defendant's
4 involvement with alcohol or other drug and to assist the
5 court in determining what conditions of Accelerated
6 Rehabilitative Disposition would benefit the defendant
7 and the public. If the evaluation indicates there is a
8 need for counseling or treatment, the defendant shall be
9 subject to a full assessment for alcohol and drug
10 addiction in accordance with the provisions of section
11 3814(3) and (4) (relating to drug and alcohol
12 assessments).
13 (iii) If the defendant is assessed under
14 subparagraph (ii) to be in need of treatment, the
15 defendant must participate and cooperate with a licensed
16 alcohol or drug addiction treatment program. The level
17 and duration of treatment shall be in accordance with the
18 recommendations with the full assessment. Nothing in this
19 subparagraph shall prevent a treatment program from
20 refusing to accept a defendant if the program
21 administrator deems the defendant to be inappropriate for
22 admission to the program. A treatment program shall
23 retain the right to immediately discharge into the
24 custody of the probation officer an offender who fails to
25 comply with program rules and treatment expectations or
26 refuses to constructively engage in the treatment
27 process.
28 (iv) The defendant must remain subject to court
29 supervision for six months.
30 (v) The defendant must make restitution to any
20030H0004B2365 - 50 -
1 person that incurred determinable financial loss as a
2 result of the defendant's actions which resulted in the
3 offense. Restitution must be subject to court
4 supervision.
5 (vi) The defendant must pay the reasonable costs of
6 a municipal corporation in connection with the offense.
7 Fees imposed under this subparagraph shall be distributed
8 to the affected municipal corporation.
9 (vii) The defendant must pay any other fee,
10 surcharge or cost required by law. Except as set forth in
11 subparagraph (vi) or (viii), a fee or financial condition
12 imposed by a judge as a condition of Accelerated
13 Rehabilitative Disposition or any other preliminary
14 disposition of any charge under this chapter shall be
15 distributed as provided for in 42 Pa.C.S. §§ 3571
16 (relating to Commonwealth portion of fines, etc.) and
17 3573 (relating to municipal corporation portion of fines,
18 etc.).
19 (viii) The defendant must pay the costs of
20 compliance with subparagraphs (i), (ii) and (iii).
21 (2) The defendant shall be subject to a full assessment
22 for alcohol and drug addiction if any of the following apply:
23 (i) The evaluation under paragraph (1)(ii) indicates
24 a likelihood that the defendant is addicted to alcohol or
25 other drugs.
26 (ii) The defendant's blood alcohol content at the
27 time of the offense was at least .16%.
28 (3) The assessment under paragraph (2) shall be
29 conducted by one of the following:
30 (i) The Department of Health or its designee.
20030H0004B2365 - 51 -
1 (ii) The county agency with responsibility for
2 county drug and alcohol programs or its designee.
3 (iii) The clinical personnel of a facility licensed
4 by the Department of Health for the conduct of drug and
5 alcohol addiction treatment programs.
6 (4) The assessment under paragraph (2) shall consider
7 issues of public safety and shall include recommendations for
8 all of the following:
9 (i) Length of stay.
10 (ii) Levels of care.
11 (iii) Follow-up care and monitoring.
12 (c) Insurance.--If an individual who is a subscriber to a
13 health insurance, health maintenance organization or other
14 health plan that is doing business in this Commonwealth, the
15 individual may not be deprived of alcohol and other drug abuse
16 and addiction treatment or coverage within the scope of that
17 plan due to the identification of an alcohol or other drug
18 problem which occurs as a result of an assessment under this
19 section.
20 (d) Mandatory suspension of operating privileges.--As a
21 condition of participation in an Accelerated Rehabilitative
22 Disposition program, the court shall order the defendant's
23 license suspended as follows:
24 (1) There shall be no license suspension if the
25 defendant's blood alcohol concentration at the time of
26 testing was less than .10%.
27 (2) For 30 days, if the defendant's blood alcohol
28 concentration at the time of testing was at least .10% but
29 less than .16%.
30 (3) For 60 days, if:
20030H0004B2365 - 52 -
1 (i) the defendant's blood alcohol concentration at
2 the time of testing was .16% or higher;
3 (ii) the defendant's blood alcohol concentration is
4 not known; or
5 (iii) an accident which resulted in bodily injury or
6 in damage to a vehicle or other property occurred in
7 connection with the events surrounding the current
8 offense.
9 (e) Failure to comply.--
10 (1) A defendant who fails to complete any of the
11 conditions of participation contained in this section shall
12 be deemed to have unsuccessfully participated in an
13 Accelerated Rehabilitative Disposition program, and the
14 criminal record underlying participation in the program shall
15 not be expunged.
16 (2) The court shall direct the attorney for the
17 Commonwealth to proceed on the charges as prescribed in the
18 Rules of Criminal Procedure if the defendant:
19 (i) fails to meet any of the requirements of this
20 section;
21 (ii) is charged with or commits an offense under 18
22 Pa.C.S (relating to crimes and offenses); or
23 (iii) violates any other condition imposed by the
24 court.
25 § 3808. Illegally operating a motor vehicle not equipped with
26 ignition interlock.
27 (a) Offense defined.--
28 (1) An individual required to operate only a motor
29 vehicle equipped with an approved ignition interlock system
30 under section 1553(d.2) (relating to occupational limited
20030H0004B2365 - 53 -
1 license) or 3805 (relating to ignition interlock) who
2 operates a motor vehicle on a highway of this Commonwealth
3 without such a system commits a summary offense and shall,
4 upon conviction, be sentenced to pay a fine of not less than
5 $300 and not more than $1,000 and to imprisonment for not
6 more than 90 days.
7 (2) An individual required to operate only a motor
8 vehicle equipped with an ignition interlock system under
9 section 1553(d.2) or 3805 who operates a motor vehicle on a
10 highway of this Commonwealth without such a system and who
11 has an amount of alcohol by weight in his blood that is equal
12 to or greater than .02% or who has any amount of a Schedule
13 I, II or III controlled substance, as defined in the in the
14 act of April 14, 1972 (P.L.233, No.64), known as The
15 Controlled Substance, Drug, Device and Cosmetic Act, or its
16 metabolite, which has not been medically prescribed for the
17 individual commits a summary offense and shall, upon
18 conviction, be sentenced to pay a fine of $1,000 and to
19 undergo imprisonment for a period of not less than 90 days.
20 (b) Tampering with an interlock system.--A person that
21 tampers with an ignition interlock system required by law
22 commits a summary offense and shall, upon conviction, be
23 sentenced to pay a fine of not less than $300 nor more than
24 $1,000 and to undergo imprisonment for not more than 90 days.
25 The term "tampering" in addition to any physical act which is
26 intended to alter or interfere with the proper functioning of an
27 ignition interlock device required by law shall include
28 attempting to circumvent or bypass or circumventing or bypassing
29 an ignition interlock device by:
30 (1) means of using another individual to provide a
20030H0004B2365 - 54 -
1 breath sample; or
2 (2) providing a breath sample for the purpose of
3 bypassing an ignition interlock device required by law.
4 (c) Revocation of operating privilege.--Upon receiving a
5 certified record of the conviction of an individual under this
6 section, the department shall revoke the individual's operating
7 privilege for a period of one year.
8 § 3809. Restriction on alcoholic beverages.
9 (a) General rule.--Except as set forth in subsection (b), an
10 individual who is an operator or an occupant in a motor vehicle
11 may not be in possession of an open alcoholic beverage container
12 or consume a controlled substance as defined in the act of April
13 14, 1972 (P.L.233, No.64), known as The Controlled Substance,
14 Drug, Device and Cosmetic Act, or an alcoholic beverage in a
15 motor vehicle while the motor vehicle is located on a highway in
16 this Commonwealth.
17 (b) Exception.--This section does not prohibit possession or
18 consumption by any of the following:
19 (1) A passenger in the passenger area of a motor vehicle
20 designed, maintained or used primarily for the lawful
21 transportation of persons for compensation. This paragraph
22 includes buses, taxis and limousines.
23 (2) An individual in the living quarters of a house
24 coach or house trailer.
25 (c) Penalty.--An individual who violates this section
26 commits a summary offense.
27 § 3810. Authorized use not a defense.
28 The fact that a person charged with violating this chapter is
29 or has been legally entitled to use alcohol or controlled
30 substances is not a defense to a charge of violating this
20030H0004B2365 - 55 -
1 chapter.
2 § 3811. Certain arrests authorized.
3 (a) Warrant not required.--In addition to any other powers
4 of arrest, a police officer is authorized to arrest an
5 individual without a warrant if the officer has probable cause
6 to believe that the individual has violated section 3802
7 (relating to driving under influence of alcohol or controlled
8 substance), regardless of whether the alleged violation was
9 committed in the presence of the police officer.
10 (b) Territory.--The authority under subsection (a) extends
11 to any hospital or other medical treatment facility located
12 beyond the territorial limits of the police officer's political
13 subdivision at which an individual to be arrested is found or
14 was taken or removed for purposes of emergency treatment,
15 examination or evaluation as long as there is probable cause to
16 believe that the violation of section 3802 occurred within the
17 police officer's political subdivision.
18 § 3812. Preliminary hearing or arraignment.
19 The presiding judicial officer at the preliminary hearing or
20 preliminary arraignment relating to a charge of a violation of
21 section 3802 (relating to driving under influence of alcohol or
22 controlled substance) shall not reduce or modify the original
23 charges without the consent of the attorney for the
24 Commonwealth.
25 § 3813. Work release.
26 In any case in which an individual is sentenced to a period
27 of imprisonment as a result of a conviction for violating a
28 provision of this chapter, the judicial officer imposing the
29 sentence shall consider assigning that individual to a daytime
30 work release program. Any work release program permitted under
20030H0004B2365 - 56 -
1 this section shall be certified by the Drug and Alcohol
2 Treatment program administration as being consistent with any
3 drug and alcohol treatment requirements imposed under section
4 3814 (relating to drug and alcohol assessments).
5 § 3814. Drug and alcohol assessments.
6 If a defendant is convicted or pleads guilty or no contest to
7 a violation of section 3802 (relating to driving under influence
8 of alcohol or controlled substance), the following apply prior
9 to sentencing:
10 (1) The defendant shall be evaluated under section
11 3816(a) (relating to requirements for driving under influence
12 offenders) and any other additional evaluation techniques
13 deemed appropriate by the court to determine the extent of
14 the defendant's involvement with alcohol or other drug and to
15 assist the court in determining what type of sentence would
16 benefit the defendant and the public.
17 (2) The defendant shall be subject to a full assessment
18 for alcohol and drug addiction if all of the following
19 subparagraphs apply:
20 (i) The defendant, within ten years prior to the
21 offense for which sentence is being imposed, has been
22 sentenced for an offense under:
23 (A) former section 3731 (relating to driving
24 under influence of alcohol or controlled substance);
25 (B) section 3802; or
26 (C) an equivalent offense in another
27 jurisdiction.
28 (ii) Either:
29 (A) the evaluation under paragraph (1) indicates
30 there is a need for counseling or treatment; or
20030H0004B2365 - 57 -
1 (B) the defendant's blood alcohol content at the
2 time of the offense was at least .16%.
3 (3) The assessment under paragraph (2) shall be
4 conducted by one of the following:
5 (i) The Department of Health or its designee.
6 (ii) The county agency with responsibility for
7 county drug and alcohol programs or its designee.
8 (iii) The clinical personnel of a facility licensed
9 by the Department of Health for the conduct of drug and
10 alcohol addiction treatment programs.
11 (4) The assessment under paragraph (2) shall consider
12 issues of public safety and shall include recommendations for
13 all of the following:
14 (i) Length of stay.
15 (ii) Levels of care.
16 (iii) Follow-up care and monitoring.
17 § 3815. Mandatory sentencing.
18 (a) County supervision.--Notwithstanding the length of any
19 maximum term of imprisonment required by section 3804 (relating
20 to penalties), the sentencing judge may subject the offender to
21 the supervision of the county parole system.
22 (b) Parole.--
23 (1) An offender who is determined pursuant to section
24 3814 (relating to drug and alcohol assessments) to be in need
25 of drug and alcohol treatment shall be eligible for parole in
26 accordance with the terms and conditions prescribed in this
27 section following the expiration of the offender's mandatory
28 minimum term of imprisonment.
29 (2) The following shall be conditions of parole:
30 (i) If the offender is not determined under the
20030H0004B2365 - 58 -
1 procedures set forth in section 3814 to be addicted to
2 alcohol or another substance, the offender must refrain
3 from:
4 (A) the use of illegal controlled substances;
5 and
6 (B) the abuse of prescription drugs, over-the-
7 counter drugs or any other substances.
8 (ii) If the offender is determined under the
9 procedures set forth in section 3814 to be addicted to
10 alcohol or another substance, the offender must do all of
11 the following:
12 (A) Refrain from:
13 (I) the use of alcohol or illegal controlled
14 substances; and
15 (II) the abuse of prescription drugs, over-
16 the-counter drugs or any other substances.
17 (B) Participate in and cooperate with drug and
18 alcohol addiction treatment under subsection (c).
19 (c) Treatment.--
20 (1) Treatment must conform to assessment recommendations
21 made under section 3814.
22 (2) Treatment must be conducted by a drug and alcohol
23 addiction treatment program licensed by the Department of
24 Health.
25 (3) The treatment program shall report periodically to
26 the assigned parole officer on the offender's progress in the
27 treatment program. The treatment program shall promptly
28 notify the parole officer if the offender:
29 (i) fails to comply with program rules and treatment
30 expectations;
20030H0004B2365 - 59 -
1 (ii) refuses to constructively engage in the
2 treatment process; or
3 (iii) without authorization terminates participation
4 in the treatment program.
5 (4) Upon notification under paragraph (3), the parole
6 officer shall report the offender's actions to the parole
7 authority and to the department for compliance with section
8 1553(e) (relating to occupational limited license). The
9 parole authority shall schedule a revocation hearing to
10 consider recommendations of the parole officer and the
11 treatment program.
12 (5) Nothing in this subsection shall prevent a treatment
13 program from refusing to accept an offender if the program
14 administrator deems the offender to be inappropriate for
15 admission to the program. A treatment program shall retain
16 the right to immediately discharge into the custody of the
17 assigned parole officer an offender who fails to comply with
18 program rules and treatment expectations or refuses to
19 constructively engage in the treatment process.
20 (d) Enforcement.--
21 (1) This subsection applies to an offender ordered to
22 participate in a treatment program under subsection
23 (b)(2)(ii) who:
24 (i) fails to comply with program rules and treatment
25 expectations;
26 (ii) refuses to constructively engage in the
27 treatment process; or
28 (iii) terminates participation in the treatment
29 program without authorization.
30 (2) Notwithstanding any other provision of law, all of
20030H0004B2365 - 60 -
1 the following apply to an offender under paragraph (1):
2 (i) The offender's parole, prerelease, work release
3 or any other release status shall be revoked.
4 (ii) The offender shall be ineligible for parole,
5 prerelease, work release or any other release from the
6 correctional facility prior to the expiration of the
7 offender's maximum term unless the offender is permitted
8 to be readmitted to a treatment program.
9 (3) Nothing in this subsection shall be construed to
10 grant a legal right to parole to an offender previously
11 ineligible for parole, on the grounds that the offender is
12 currently prepared to participate in, comply with and
13 constructively engage in the treatment process. Under such
14 circumstances, parole or reparole of the offender shall be at
15 the parole authority's discretion.
16 (e) Follow-up.--After an offender has completed the
17 treatment program under subsection (c), the parole officer shall
18 take reasonable steps to ensure that the offender does not abuse
19 alcohol, use illegal controlled substances or abuse prescription
20 drugs, over-the-counter drugs or any other such substances.
21 These reasonable steps include requiring chemical testing and
22 periodic reassessment of the offender by the treatment program.
23 (f) Fees.--
24 (1) Except as set forth in paragraph (2), the parole
25 authority shall impose upon an offender subject to this
26 section reasonable fees to cover the cost of any of the
27 following:
28 (i) Chemical testing of the offender required under
29 this section.
30 (ii) An assessment of the offender required under
20030H0004B2365 - 61 -
1 this section.
2 (iii) Drug or alcohol treatment provided in
3 accordance with the assessment.
4 (2) If the parole authority finds the offender to be
5 unable to pay the full amount of the fees required by
6 paragraph (1) and section 1541(d) (relating to period of
7 disqualification, revocation or suspension of operating
8 privilege), it shall require the offender to pay as much of
9 the fee as is consistent with the offender's ability to pay
10 and shall direct the assigned parole officer to establish a
11 reasonable payment schedule for the offender to pay as much
12 of the remaining fees as is consistent with the offender's
13 ability to pay.
14 (g) Insurance.--If an individual who is a subscriber to a
15 health insurance, health maintenance organization or other
16 health plan that is doing business in this Commonwealth, the
17 individual may not be deprived of alcohol and other drug abuse
18 and addiction treatment or coverage within the scope of that
19 plan due to the identification of an alcohol or other drug
20 problem which occurs as a result of an assessment under this
21 section.
22 (h) Additional funding.--In order to support and augment the
23 diagnostic assessment and treatment services provided under this
24 section, the Department of Health, the department and the
25 Pennsylvania Commission on Crime and Delinquency shall seek all
26 available Federal funding, including funds available through the
27 United States National Highway Traffic Safety Administration and
28 the Department of Health and Human Services.
29 § 3816. Requirements for driving under influence offenders.
30 (a) Evaluation using Court Reporting Network.--In addition
20030H0004B2365 - 62 -
1 to any other requirements of the court, every person convicted
2 of a violation of section 3802 (relating to driving under
3 influence of alcohol or controlled substance) and every person
4 offered accelerated rehabilitative disposition as a result of a
5 charge of a violation of section 3802 shall, prior to sentencing
6 or receiving accelerated rehabilitative disposition or other
7 preliminary disposition, be evaluated using Court Reporting
8 Network instruments issued by the department and any other
9 additional evaluation techniques deemed appropriate by the court
10 to determine the extent of the person's involvement with alcohol
11 or controlled substances and to assist the court in determining
12 what sentencing, probation or conditions of Accelerated
13 Rehabilitative Disposition would benefit the person or the
14 public.
15 (b) Court-ordered intervention or treatment.--A record shall
16 be submitted to the department as to whether the court did or
17 did not order a defendant to attend drug and alcohol treatment
18 pursuant to the requirements of sections 3804 (relating to
19 penalties), 3814 (relating to drug and alcohol assessments) and
20 3815 (relating to mandatory sentencing). If the court orders
21 treatment, a report shall be forwarded to the department as to
22 whether the defendant successfully completed the program. If a
23 defendant fails to successfully complete a program of treatment
24 as ordered by the court, the suspension shall remain in effect
25 until the department is notified by the court that the defendant
26 has successfully completed treatment and the defendant is
27 otherwise eligible for restoration of his operating privilege.
28 In order to implement the recordkeeping requirements of this
29 section, the department and the court shall work together to
30 exchange pertinent information about a defendant's case,
20030H0004B2365 - 63 -
1 including attendance and completion of treatment or failure to
2 complete treatment.
3 § 3817. Reporting requirements for offenses.
4 (a) Requirement.--The department shall make an annual report
5 on the administration of this chapter. The department, the
6 courts and the Pennsylvania Sentencing Commission shall work
7 together to exchange pertinent information necessary to complete
8 this report.
9 (b) Contents.--The report shall include:
10 (1) The number of offenders.
11 (2) The number of offenders subject to section 3815
12 (relating to mandatory sentencing).
13 (3) The number of offenders sent to treatment for
14 alcohol and drug problems and addiction.
15 (4) The names of the treatment facilities providing
16 treatment and the level of care and length of stay in
17 treatment.
18 (5) The number of offenders successfully completing
19 treatment.
20 (6) The number of suspended licenses returned after
21 completion of treatment.
22 (7) The number of first, second, third and subsequent
23 offenders.
24 (c) Recipients.--The annual report shall be submitted to the
25 Judiciary Committee, Public Health and Welfare Committee and
26 Transportation Committee of the Senate; the Health and Human
27 Services Committee, Judiciary Committee and Transportation
28 Committee of the House of Representatives; and the Bureau of
29 Drug and Alcohol Programs. The report shall be made available to
30 the public.
20030H0004B2365 - 64 -
1 Section 19. Sections 6308(b) and 6506(a)(7) of Title 75 are
2 amended to read:
3 § 6308. Investigation by police officers.
4 * * *
5 (b) Authority of police officer.--Whenever a police officer
6 is engaged in a systematic program of checking vehicles or
7 drivers or has [articulable and reasonable grounds to suspect a
8 violation of this title,] reasonable suspicion that a violation
9 of this title is occurring or has occurred, he may stop a
10 vehicle, upon request or signal, for the purpose of checking the
11 vehicle's registration, proof of financial responsibility,
12 vehicle identification number or engine number or the driver's
13 license, or to secure such other information as the officer may
14 reasonably believe to be necessary to enforce the provisions of
15 this title.
16 * * *
17 § 6506. Surcharge.
18 (a) Levy and imposition.--In addition to any fines, fees or
19 penalties levied or imposed as provided by law, under this title
20 or any other statute, a surcharge shall be levied for
21 disposition in accordance with subsection (b) as follows:
22 * * *
23 (7) Upon conviction of offenses under section [3731]
24 3802 (relating to driving under influence of alcohol or
25 controlled substance), or upon admission to programs for
26 Accelerated Rehabilitative Disposition for offenses
27 enumerated in section [3731] 3802, a surcharge, respectively,
28 of:
29 (i) $50 for the first offense.
30 (ii) $100 for the second offense.
20030H0004B2365 - 65 -
1 (iii) $200 for the third offense.
2 (iv) $300 for the fourth and subsequent offenses.
3 The provisions of this subsection shall not apply to any
4 violation committed by the operator of a motorcycle, motor-
5 driven cycle, pedalcycle, motorized pedalcycle or recreational
6 vehicle not intended for highway use.
7 Section 20. The addition of 75 Pa.C.S. §§ 3814 and 3815
8 shall apply as follows:
9 (1) Except as set forth in paragraph (2) or (3), after
10 June 30, 2009, for an offender sentenced under this chapter.
11 (2) On and after the effective date of this section, for
12 an offender sentenced for a misdemeanor of the first degree.
13 (3) After June 30, 2006, for an offender sentenced
14 pursuant to section 3804(a)(3), (b)(2) and (c)(1).
15 Section 21. The Department of Transportation has the
16 following duties:
17 (1) In order to implement the addition of 75 Pa.C.S. §
18 3805, the following shall apply:
19 (i) The department shall adopt and use guidelines,
20 which shall be published in the Pennsylvania Bulletin.
21 The guidelines shall not be subject to review under
22 section 205 of the act of July 31, 1968 (P.L.769,
23 No.240), referred to as the Commonwealth Documents Law,
24 and the act of June 25, 1982 (P.L.633, No.181), known as
25 the Regulatory Review Act.
26 (ii) By September 30, 2004, the department shall, in
27 accordance with law, promulgate regulations to replace
28 the guidelines under subparagraph (i).
29 (iii) The guidelines under subparagraph (i) shall:
30 (A) take effect September 30, 2003, or
20030H0004B2365 - 66 -
1 immediately, whichever is later; and
2 (B) expire on the earlier of:
3 (I) the effective date of regulations under
4 subparagraph (ii); or
5 (II) September 30, 2005.
6 (2) By October 1, 2004, the department shall promulgate
7 regulations to implement 75 Pa.C.S. § 1549(b).
8 Section 22. The addition of 75 Pa.C.S Ch. 38 is a
9 continuation of former 75 Pa.C.S. § 3731. The repeal of 75
10 Pa.C.S. § 3731 shall not affect offenses committed nor civil and
11 administrative penalties imposed prior to the effective date of
12 this section.
13 Section 23. This act shall take effect as follows:
14 (1) The following provisions shall take effect
15 immediately:
16 (i) Section 21 of this act.
17 (ii) This section.
18 (2) The remainder of this act shall take effect
19 September 30, 2003, or immediately, whichever is later.
20 SECTION 1. SECTIONS 6105(C)(3) AND 7508.1(B) AND (C) OF <--
21 TITLE 18 OF THE PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED
22 TO READ:
23 § 6105. PERSONS NOT TO POSSESS, USE, MANUFACTURE, CONTROL, SELL
24 OR TRANSFER FIREARMS.
25 * * *
26 (C) OTHER PERSONS.--IN ADDITION TO ANY PERSON WHO HAS BEEN
27 CONVICTED OF ANY OFFENSE LISTED UNDER SUBSECTION (B), THE
28 FOLLOWING PERSONS SHALL BE SUBJECT TO THE PROHIBITION OF
29 SUBSECTION (A):
30 * * *
20030H0004B2365 - 67 -
1 (3) A PERSON WHO HAS BEEN CONVICTED OF DRIVING UNDER THE
2 INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE AS PROVIDED IN
3 75 PA.C.S. § [3731] 3802 (RELATING TO DRIVING UNDER INFLUENCE
4 OF ALCOHOL OR CONTROLLED SUBSTANCE) ON THREE OR MORE SEPARATE
5 OCCASIONS WITHIN A FIVE-YEAR PERIOD. FOR THE PURPOSES OF THIS
6 PARAGRAPH ONLY, THE PROHIBITION OF SUBSECTION (A) SHALL ONLY
7 APPLY TO TRANSFERS OR PURCHASES OF FIREARMS AFTER THE THIRD
8 CONVICTION.
9 * * *
10 § 7508.1. SUBSTANCE ABUSE EDUCATION AND DEMAND REDUCTION FUND.
11 * * *
12 (B) IMPOSITION.--UNLESS THE COURT FINDS THAT UNDUE HARDSHIP
13 WOULD RESULT, A MANDATORY COST OF $100, WHICH SHALL BE IN
14 ADDITION TO ANY OTHER COSTS IMPOSED PURSUANT TO STATUTORY
15 AUTHORITY, SHALL AUTOMATICALLY BE ASSESSED ON ANY INDIVIDUAL
16 CONVICTED, ADJUDICATED DELINQUENT OR GRANTED ACCELERATED
17 REHABILITATIVE DISPOSITION OR ANY INDIVIDUAL WHO PLEADS GUILTY
18 OR NOLO CONTENDERE FOR A VIOLATION OF THE ACT OF APRIL 14, 1972
19 (P.L.233, NO.64), KNOWN AS THE CONTROLLED SUBSTANCE, DRUG,
20 DEVICE AND COSMETIC ACT, OR A VIOLATION OF 75 PA.C.S. § [3731]
21 3802 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR
22 CONTROLLED SUBSTANCE).
23 (C) ADDITIONAL ASSESSMENT.--IN ADDITION TO THE ASSESSMENT
24 REQUIRED BY SUBSECTION (B), A PERSON CONVICTED OF OR ADJUDICATED
25 DELINQUENT FOR A VIOLATION OF 75 PA.C.S. § [3731] 3802 SHALL BE
26 ASSESSED $200 WHERE THE AMOUNT OF ALCOHOL BY WEIGHT IN THE BLOOD
27 OF THE PERSON IS EQUAL TO OR GREATER THAN [.15%] .16% AT THE
28 TIME A CHEMICAL TEST IS PERFORMED ON A SAMPLE OF THE PERSON'S
29 BREATH, BLOOD OR URINE. FOR THE PURPOSES OF THIS SUBSECTION, THE
30 SAMPLE OF THE PERSON'S BLOOD, BREATH OR URINE SHALL BE TAKEN
20030H0004B2365 - 68 -
1 WITHIN [TWO] THREE HOURS AFTER THE PERSON IS PLACED UNDER
2 ARREST.
3 * * *
4 SECTION 2. SECTION 7514 OF TITLE 18 IS REPEALED.
5 SECTION 3. SECTION 5502(A)(4) AND (A.1)(1) OF TITLE 30 ARE
6 AMENDED TO READ:
7 § 5502. OPERATING WATERCRAFT UNDER INFLUENCE OF ALCOHOL OR
8 CONTROLLED SUBSTANCE.
9 (A) GENERAL RULE.--NO PERSON SHALL OPERATE OR BE IN ACTUAL
10 PHYSICAL CONTROL OF THE MOVEMENT OF A WATERCRAFT UPON, IN OR
11 THROUGH THE WATERS OF THIS COMMONWEALTH:
12 * * *
13 (4) WHILE THE AMOUNT OF ALCOHOL BY WEIGHT IN THE BLOOD
14 OF:
15 (I) AN ADULT IS [0.10%] 0.08% OR GREATER; OR
16 (II) A MINOR IS 0.02% OR GREATER.
17 (A.1) PRIMA FACIE EVIDENCE.--
18 (1) IT IS PRIMA FACIE EVIDENCE THAT:
19 (I) AN ADULT HAD [0.10%] 0.08% OR MORE BY WEIGHT OF
20 ALCOHOL IN HIS OR HER BLOOD AT THE TIME OF OPERATING OR
21 BEING IN ACTUAL PHYSICAL CONTROL OF THE MOVEMENT OF A
22 WATERCRAFT IF THE AMOUNT OF ALCOHOL BY WEIGHT IN THE
23 BLOOD OF THE PERSON IS EQUAL TO OR GREATER THAN [0.10%]
24 0.08% AT THE TIME A CHEMICAL TEST IS PERFORMED ON A
25 SAMPLE OF THE PERSON'S BREATH, BLOOD OR URINE; AND
26 (II) A MINOR HAD 0.02% OR MORE BY WEIGHT OF ALCOHOL
27 IN HIS OR HER BLOOD AT THE TIME OF OPERATING OR BEING IN
28 ACTUAL PHYSICAL CONTROL OF THE MOVEMENT OF A WATERCRAFT
29 IF THE AMOUNT OF ALCOHOL BY WEIGHT IN THE BLOOD OF THE
30 MINOR IS EQUAL TO OR GREATER THAN 0.02% AT THE TIME A
20030H0004B2365 - 69 -
1 CHEMICAL TEST IS PERFORMED ON A SAMPLE OF THE PERSON'S
2 BREATH, BLOOD OR URINE.
3 * * *
4 SECTION 4. SECTIONS 2501(A)(4) AND (A.1)(1)(I) AND (B) AND
5 2502(D)(2) AND (3) OF TITLE 34 ARE AMENDED TO READ:
6 § 2501. HUNTING OR FURTAKING PROHIBITED WHILE UNDER INFLUENCE
7 OF ALCOHOL OR CONTROLLED SUBSTANCE.
8 (A) GENERAL RULE.--IT IS UNLAWFUL TO HUNT OR TAKE GAME,
9 FURBEARERS OR WILDLIFE OR AID, ABET, ASSIST OR CONSPIRE TO HUNT
10 OR TAKE GAME, FURBEARERS OR WILDLIFE ANYWHERE IN THIS
11 COMMONWEALTH WHILE IN POSSESSION OF A FIREARM OF ANY KIND OR A
12 BOW AND ARROW IF:
13 * * *
14 (4) THE AMOUNT OF ALCOHOL BY WEIGHT IN THE BLOOD OF:
15 (I) AN ADULT IS [0.10%] 0.08% OR GREATER; OR
16 (II) A MINOR IS 0.02% OR GREATER.
17 (A.1) PRIMA FACIE EVIDENCE.--
18 (1) IT IS PRIMA FACIE EVIDENCE THAT:
19 (I) AN ADULT HAD [0.10%] 0.08% OR MORE BY WEIGHT OF
20 ALCOHOL IN HIS OR HER BLOOD AT THE TIME OF HUNTING OR
21 TAKING OF GAME, FURBEARERS OR WILDLIFE OR THE AIDING,
22 ABETTING, ASSISTING OR CONSPIRING TO HUNT OR TAKE GAME,
23 FURBEARERS OR WILDLIFE IF THE AMOUNT OF ALCOHOL BY WEIGHT
24 IN THE BLOOD OF THE PERSON IS EQUAL TO OR GREATER THAN
25 [0.10%] 0.08% AT THE TIME A CHEMICAL TEST IS PERFORMED ON
26 A SAMPLE OF THE PERSON'S BREATH, BLOOD OR URINE; OR
27 * * *
28 (B) PENALTY.--
29 (1) A VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL
30 BE A SUMMARY OFFENSE IF THE AMOUNT OF ALCOHOL BY WEIGHT IN
20030H0004B2365 - 70 -
1 THE BLOOD OF THE INDIVIDUAL IS AT LEAST 0.08% BUT LESS THAN
2 0.10%.
3 (2) A VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL
4 BE A MISDEMEANOR OF THE THIRD DEGREE IF THE AMOUNT OF ALCOHOL
5 BY WEIGHT IN THE BLOOD OF THE INDIVIDUAL IS AT LEAST 0.10%.
6 (3) IN ADDITION TO ANY PENALTY, THE VIOLATOR SHALL BE
7 DENIED THE RIGHT TO HUNT OR TRAP IN THIS COMMONWEALTH, WITH
8 OR WITHOUT A LICENSE, FOR A PERIOD OF ONE YEAR.
9 * * *
10 § 2502. CHEMICAL TEST TO DETERMINE AMOUNT OF ALCOHOL.
11 * * *
12 (D) PRESUMPTIONS FROM AMOUNT OF ALCOHOL.--IF CHEMICAL
13 ANALYSIS OF A PERSON'S BREATH, BLOOD OR URINE SHOWS:
14 * * *
15 (2) THAT THE AMOUNT OF ALCOHOL BY WEIGHT IN THE BLOOD OF
16 THE PERSON TESTED IS IN EXCESS OF 0.05% BUT LESS THAN [0.10%]
17 0.08%, THIS FACT SHALL NOT GIVE RISE TO ANY PRESUMPTION THAT
18 THE PERSON TESTED WAS OR WAS NOT UNDER THE INFLUENCE OF
19 ALCOHOL, BUT THIS FACT MAY BE CONSIDERED WITH OTHER COMPETENT
20 EVIDENCE IN DETERMINING WHETHER THE PERSON WAS OR WAS NOT
21 UNDER THE INFLUENCE OF ALCOHOL.
22 (3) THAT THE AMOUNT OF ALCOHOL BY WEIGHT IN THE BLOOD OF
23 THE PERSON TESTED IS [0.10%] 0.08% OR MORE, IT SHALL BE
24 PRESUMED THAT THE DEFENDANT WAS UNDER THE INFLUENCE OF
25 ALCOHOL.
26 * * *
27 SECTION 5. SECTIONS 933(A)(1)(II), 1515(A)(5), 1725.3(A),
28 3571(B)(4) AND 3573(B)(3) OF TITLE 42 ARE AMENDED TO READ:
29 § 933. APPEALS FROM GOVERNMENT AGENCIES.
30 (A) GENERAL RULE.--EXCEPT AS OTHERWISE PRESCRIBED BY ANY
20030H0004B2365 - 71 -
1 GENERAL RULE ADOPTED PURSUANT TO SECTION 503 (RELATING TO
2 REASSIGNMENT OF MATTERS), EACH COURT OF COMMON PLEAS SHALL HAVE
3 JURISDICTION OF APPEALS FROM FINAL ORDERS OF GOVERNMENT AGENCIES
4 IN THE FOLLOWING CASES:
5 (1) APPEALS FROM COMMONWEALTH AGENCIES IN THE FOLLOWING
6 CASES:
7 * * *
8 (II) DETERMINATIONS OF THE DEPARTMENT OF
9 TRANSPORTATION APPEALABLE UNDER THE FOLLOWING PROVISIONS
10 OF TITLE 75 (RELATING TO VEHICLES):
11 SECTION 1377 (RELATING TO JUDICIAL REVIEW).
12 SECTION 1550 (RELATING TO JUDICIAL REVIEW).
13 SECTION 4724(B) (RELATING TO JUDICIAL REVIEW).
14 SECTION 7303(B) (RELATING TO JUDICIAL REVIEW).
15 SECTION 7503(B) (RELATING TO JUDICIAL REVIEW).
16 EXCEPT AS OTHERWISE PRESCRIBED BY GENERAL RULES, THE
17 VENUE SHALL BE IN THE COUNTY OF THE PRINCIPAL PLACE OF
18 BUSINESS OF ANY SALVOR OR MESSENGER SERVICE, THE LOCATION
19 OF ANY INSPECTION STATION INVOLVED, THE COUNTY WHERE THE
20 ARREST FOR A VIOLATION OF 75 PA.C.S. § [3731] 3802
21 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR
22 CONTROLLED SUBSTANCE) WAS MADE IN APPEALS INVOLVING THE
23 SUSPENSION OF OPERATING PRIVILEGES UNDER 75 PA.C.S. §
24 1547 (RELATING TO CHEMICAL TESTING TO DETERMINE AMOUNT OF
25 ALCOHOL OR CONTROLLED SUBSTANCE) OR THE RESIDENCE OF ANY
26 INDIVIDUAL APPELLANT WHERE THE VENUE IS NOT OTHERWISE
27 FIXED BY THIS SENTENCE. IN THE CASE OF A NONRESIDENT
28 INDIVIDUAL VENUE, EXCEPT AS OTHERWISE PRESCRIBED BY
29 GENERAL RULES, SHALL BE IN THE COUNTY IN WHICH THE
30 OFFENSE GIVING RISE TO THE RECALL, CANCELLATION,
20030H0004B2365 - 72 -
1 SUSPENSION OR REVOCATION OF OPERATING PRIVILEGES
2 OCCURRED.
3 * * *
4 § 1515. JURISDICTION AND VENUE.
5 (A) JURISDICTION.--EXCEPT AS OTHERWISE PRESCRIBED BY GENERAL
6 RULE ADOPTED PURSUANT TO SECTION 503 (RELATING TO REASSIGNMENT
7 OF MATTERS), DISTRICT JUSTICES SHALL, UNDER PROCEDURES
8 PRESCRIBED BY GENERAL RULE, HAVE JURISDICTION OF ALL OF THE
9 FOLLOWING MATTERS:
10 * * *
11 (5) OFFENSES UNDER 75 PA.C.S. § [3731] 3802 (RELATING TO
12 DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE),
13 IF THE FOLLOWING CRITERIA ARE MET:
14 (I) THE OFFENSE IS THE FIRST OFFENSE BY THE
15 DEFENDANT UNDER SUCH PROVISION IN THIS COMMONWEALTH.
16 (II) NO PERSONAL INJURY (OTHER THAN TO THE DEFENDANT
17 [OR THE IMMEDIATE FAMILY OF THE DEFENDANT]) RESULTED FROM
18 THE OFFENSE.
19 (III) THE DEFENDANT PLEADS GUILTY.
20 (IV) NO PROPERTY DAMAGE IN EXCESS OF $500 OTHER THAN
21 TO THE DEFENDANT'S PROPERTY RESULTED FROM THE VIOLATION.
22 (V) THE DEFENDANT IS NOT SUBJECT TO THE PROVISIONS
23 OF CHAPTER 63 (RELATING TO JUVENILE MATTERS).
24 (VI) THE ARRESTING AUTHORITY SHALL CAUSE TO BE
25 TRANSMITTED A COPY OF THE CHARGE OF ANY VIOLATION OF 75
26 PA.C.S. § [3731] 3802 TO THE OFFICE OF THE CLERK OF THE
27 COURT OF COMMON PLEAS WITHIN FIVE DAYS AFTER THE
28 PRELIMINARY ARRAIGNMENT.
29 IN DETERMINING THAT THE ABOVE CRITERIA ARE MET THE DISTRICT
30 JUSTICE SHALL RELY ON THE CERTIFICATION OF THE ARRESTING
20030H0004B2365 - 73 -
1 AUTHORITY. CERTIFICATION THAT THE CRITERIA ARE MET NEED NOT
2 BE IN WRITING. WITHIN TEN DAYS AFTER THE DISPOSITION, THE
3 DISTRICT JUSTICE SHALL CERTIFY THE DISPOSITION TO THE OFFICE
4 OF THE CLERK OF THE COURT OF COMMON PLEAS IN WRITING.
5 * * *
6 § 1725.3. CRIMINAL LABORATORY USER FEE.
7 (A) IMPOSITION.--A PERSON WHO IS PLACED ON PROBATION WITHOUT
8 VERDICT PURSUANT TO SECTION 17 OF THE ACT OF APRIL 14, 1972
9 (P.L.233, NO.64), KNOWN AS THE CONTROLLED SUBSTANCE, DRUG,
10 DEVICE AND COSMETIC ACT, OR WHO RECEIVES ACCELERATED
11 REHABILITATIVE DISPOSITION OR WHO PLEADS GUILTY TO OR NOLO
12 CONTENDERE TO OR WHO IS CONVICTED OF A CRIME AS DEFINED IN 18
13 PA.C.S. § 106 (RELATING TO CLASSES OF OFFENSES) OR 75 PA.C.S. §
14 [3731] 3802 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR
15 CONTROLLED SUBSTANCE) OR 3735 (RELATING TO HOMICIDE BY VEHICLE
16 WHILE DRIVING UNDER INFLUENCE) OR A VIOLATION OF THE CONTROLLED
17 SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT SHALL, IN ADDITION TO
18 ANY FINES, PENALTIES OR COSTS, IN EVERY CASE WHERE LABORATORY
19 SERVICES WERE REQUIRED TO PROSECUTE THE CRIME OR VIOLATION, BE
20 SENTENCED TO PAY A CRIMINAL LABORATORY USER FEE WHICH SHALL
21 INCLUDE, BUT NOT BE LIMITED TO, THE COST OF SENDING A LABORATORY
22 TECHNICIAN TO COURT PROCEEDINGS.
23 * * *
24 § 3571. COMMONWEALTH PORTION OF FINES, ETC.
25 * * *
26 (B) VEHICLE OFFENSES.--
27 * * *
28 (4) WHEN PROSECUTION UNDER 75 PA.C.S. § [3731] 3802
29 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED
30 SUBSTANCE) IS THE RESULT OF STATE POLICE ACTION, 50% OF ALL
20030H0004B2365 - 74 -
1 FINES, FORFEITED RECOGNIZANCES AND OTHER FORFEITURES IMPOSED,
2 LOST OR FORFEITED SHALL BE PAYABLE TO THE COMMONWEALTH, FOR
3 CREDIT TO THE MOTOR LICENSE FUND, AND 50% SHALL BE PAYABLE TO
4 THE COUNTY WHICH SHALL BE FURTHER DIVIDED AS FOLLOWS:
5 (I) FIFTY PERCENT OF THE MONEYS RECEIVED SHALL BE
6 ALLOCATED TO THE APPROPRIATE COUNTY AUTHORITY WHICH
7 IMPLEMENTS THE COUNTY DRUG AND ALCOHOL PROGRAM TO BE USED
8 SOLELY FOR THE PURPOSES OF AIDING PROGRAMS PROMOTING DRUG
9 ABUSE AND ALCOHOLISM PREVENTION, EDUCATION, TREATMENT AND
10 RESEARCH. [PROGRAMS UNDER THIS SUBPARAGRAPH INCLUDE
11 PROJECT DARE (DRUG AND ALCOHOL RESISTANCE EDUCATION).]
12 (II) FIFTY PERCENT OF THE MONEYS RECEIVED SHALL BE
13 USED FOR EXPENDITURES INCURRED FOR COUNTY JAILS, PRISONS,
14 WORKHOUSES AND DETENTION CENTERS.
15 * * *
16 § 3573. MUNICIPAL CORPORATION PORTION OF FINES, ETC.
17 * * *
18 (B) VEHICLE OFFENSES.--
19 * * *
20 (3) WHEN PROSECUTION UNDER 75 PA.C.S. § [3731] 3802
21 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED
22 SUBSTANCE) IS THE RESULT OF LOCAL POLICE ACTION, 50% OF ALL
23 FINES, FORFEITED RECOGNIZANCES AND OTHER FORFEITURES IMPOSED,
24 LOST OR FORFEITED SHALL BE PAYABLE TO THE MUNICIPAL
25 CORPORATION UNDER WHICH THE LOCAL POLICE ARE ORGANIZED, AND
26 50% SHALL BE PAYABLE TO THE COUNTY WHICH SHALL BE FURTHER
27 DIVIDED AS FOLLOWS:
28 (I) FIFTY PERCENT OF THE MONEYS RECEIVED SHALL BE
29 ALLOCATED TO THE APPROPRIATE COUNTY AUTHORITY WHICH
30 IMPLEMENTS THE COUNTY DRUG AND ALCOHOL PROGRAM TO BE USED
20030H0004B2365 - 75 -
1 SOLELY FOR THE PURPOSES OF AIDING PROGRAMS PROMOTING DRUG
2 ABUSE AND ALCOHOLISM PREVENTION, EDUCATION, TREATMENT AND
3 RESEARCH. PROGRAMS UNDER THIS SUBPARAGRAPH INCLUDE
4 PROJECT DARE (DRUG AND ALCOHOL RESISTANCE EDUCATION).
5 (II) FIFTY PERCENT OF THE MONEYS RECEIVED SHALL BE
6 USED FOR EXPENDITURES INCURRED FOR COUNTY JAILS, PRISONS,
7 WORKHOUSES AND DETENTION CENTERS.
8 * * *
9 SECTION 6. CHAPTER 70 OF TITLE 42 IS REPEALED.
10 SECTION 7. SECTION 9763(C) OF TITLE 42 IS AMENDED TO READ:
11 § 9763. SENTENCE OF INTERMEDIATE PUNISHMENT.
12 * * *
13 (C) RESTRICTION.--
14 (1) A DEFENDANT [CONVICTED UNDER] SUBJECT TO 75 PA.C.S.
15 § [3731(E) (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR
16 CONTROLLED SUBSTANCE)] 3804 (RELATING TO PENALTIES) MAY ONLY
17 BE SENTENCED TO INTERMEDIATE PUNISHMENT:
18 [(1) IN A RESIDENTIAL INPATIENT PROGRAM OR IN A
19 RESIDENTIAL REHABILITATIVE CENTER; OR
20 (2) BY HOUSE ARREST OR ELECTRONIC SURVEILLANCE COMBINED
21 WITH DRUG AND ALCOHOL TREATMENT.]
22 (I) FOR A FIRST, SECOND OR THIRD OFFENSE UNDER 75
23 PA.C.S CH. 38 (RELATING TO DRIVING WHILE IMPAIRED); AND
24 (II) AFTER UNDERGOING AN ASSESSMENT UNDER 75 PA.C.S.
25 § 3814 (RELATING TO DRUG AND ALCOHOL ASSESSMENTS).
26 (2) IF THE DEFENDANT IS DETERMINED TO BE IN NEED OF DRUG
27 AND ALCOHOL TREATMENT, THE DEFENDANT MAY ONLY BE SENTENCED TO
28 INTERMEDIATE PUNISHMENT WHICH INCLUDES PARTICIPATION IN DRUG
29 AND ALCOHOL TREATMENT UNDER 75 PA.C.S. § 3815(C) (RELATING TO
30 MANDATORY SENTENCING). SUCH TREATMENT MAY BE COMBINED WITH
20030H0004B2365 - 76 -
1 HOUSE ARREST WITH ELECTRONIC SURVEILLANCE OR A PARTIAL
2 CONFINEMENT PROGRAM, SUCH AS WORK RELEASE, A WORK CAMP OR A
3 HALFWAY FACILITY.
4 (3) IF THE DEFENDANT IS DETERMINED NOT TO BE IN NEED OF
5 DRUG AND ALCOHOL TREATMENT, THE DEFENDANT MAY ONLY BE
6 SENTENCED TO INTERMEDIATE PUNISHMENT:
7 (I) BY HOUSE ARREST OR ELECTRONIC SURVEILLANCE;
8 (II) PARTIAL CONFINEMENT PROGRAMS, SUCH AS WORK
9 RELEASE, WORK CAMPS AND HALFWAY FACILITIES; OR
10 (III) ANY COMBINATION OF THE PROGRAMS SET FORTH IN
11 THIS SUBSECTION.
12 * * *
13 SECTION 8. SECTION 9804(B)(3) OF TITLE 42 IS AMENDED AND THE
14 SUBSECTION IS AMENDED BY ADDING PARAGRAPHS TO READ:
15 § 9804. COUNTY INTERMEDIATE PUNISHMENT PROGRAMS.
16 * * *
17 (B) ELIGIBILITY.--
18 * * *
19 [(3) ANY PERSON RECEIVING A PENALTY IMPOSED PURSUANT TO
20 75 PA.C.S. § 1543(B) (RELATING TO DRIVING WHILE OPERATING
21 PRIVILEGE IS SUSPENDED OR REVOKED) OR 3731(E) (RELATING TO
22 DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE)
23 MAY ONLY BE SENTENCED TO INTERMEDIATE PUNISHMENT PROGRAM IN:
24 (I) A RESIDENTIAL INPATIENT PROGRAM OR A RESIDENTIAL
25 REHABILITATIVE CENTER;
26 (II) HOUSE ARREST AND ELECTRONIC SURVEILLANCE
27 COMBINED WITH DRUG AND ALCOHOL TREATMENT; OR
28 (III) PARTIAL CONFINEMENT PROGRAMS, SUCH AS WORK
29 RELEASE, WORK CAMPS AND HALFWAY FACILITIES, COMBINED WITH
30 DRUG AND ALCOHOL TREATMENT.]
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1 (4) (I) ANY PERSON RECEIVING A PENALTY IMPOSED PURSUANT
2 TO 75 PA.C.S. § 1543(B) (RELATING TO DRIVING WHILE
3 OPERATING PRIVILEGE IS SUSPENDED OR REVOKED) OR 3804
4 (RELATING TO PENALTIES) SHALL UNDERGO AN ASSESSMENT UNDER
5 75 PA.C.S. § 3814 (RELATING TO DRUG AND ALCOHOL
6 ASSESSMENTS).
7 (II) IF THE DEFENDANT IS DETERMINED TO BE IN NEED OF
8 DRUG AND ALCOHOL TREATMENT, A SENTENCE TO INTERMEDIATE
9 PUNISHMENT SHALL INCLUDE PARTICIPATION IN DRUG AND
10 ALCOHOL TREATMENT UNDER 75 PA.C.S. § 3815(C) (RELATING TO
11 MANDATORY SENTENCING). SUCH TREATMENT MAY BE COMBINED
12 WITH HOUSE ARREST WITH ELECTRONIC SURVEILLANCE OR A
13 PARTIAL CONFINEMENT PROGRAM, SUCH AS WORK RELEASE, A WORK
14 CAMP OR A HALFWAY FACILITY.
15 (III) IF THE DEFENDANT IS DETERMINED NOT TO BE IN
16 NEED OF DRUG AND ALCOHOL TREATMENT, THE DEFENDANT MAY
17 ONLY BE SENTENCED TO INTERMEDIATE PUNISHMENT PROGRAM IN:
18 (A) HOUSE ARREST AND ELECTRONIC SURVEILLANCE;
19 (B) PARTIAL CONFINEMENT PROGRAMS, SUCH AS WORK
20 RELEASE, WORK CAMPS AND HALFWAY FACILITIES; OR
21 (C) ANY COMBINATION OF THE PROGRAMS SET FORTH IN
22 THIS PARAGRAPH.
23 (5) A DEFENDANT SUBJECT TO 75 PA.C.S § 3804 (RELATING TO
24 PENALTIES) MAY ONLY BE SENTENCED TO INTERMEDIATE PUNISHMENT
25 FOR A FIRST, SECOND OR THIRD OFFENSE UNDER 75 PA.C.S. CH. 38
26 (RELATING TO DRIVING WHILE IMPAIRED).
27 SECTION 9. SECTIONS 1516(C) AND (D) AND 1532(B)(3) OF TITLE
28 75 ARE AMENDED TO READ:
29 § 1516. DEPARTMENT RECORDS.
30 * * *
20030H0004B2365 - 78 -
1 (C) DISMISSAL OF CHARGES FOR VIOLATIONS.--IF A CHARGE FOR
2 VIOLATION OF ANY OF THE PROVISIONS OF THIS TITLE AGAINST ANY
3 PERSON IS DISMISSED WHERE THERE HAVE BEEN NO PRIOR CONVICTIONS
4 BY ANY COURT OF COMPETENT JURISDICTION, NO RECORD OF THE CHARGE
5 AND DISMISSAL SHALL BE INCLUDED IN THE DRIVING RECORD OF THE
6 PERSON. IF THE PERSON HAS BEEN PREVIOUSLY CONVICTED OF THE
7 CHARGE AND SUSPENSION WAS IMPOSED BY THE DEPARTMENT, WHICH
8 SUSPENSION WAS EITHER PARTIALLY OR FULLY SERVED, THE DEPARTMENT
9 MAY KEEP A RECORD OF THE OFFENSE FOR THE PURPOSE OF SHOWING THE
10 SUSPENSION WAS IMPOSED AGAINST THE PERSON[.], BUT THE OFFENSE
11 SHALL NOT BE USED FOR THE PURPOSE OF CALCULATING THE REQUISITE
12 NUMBER OF OFFENSES UNDER SECTION 1542 (RELATING TO REVOCATION OF
13 HABITUAL OFFENDER'S LICENSE). IN ADDITION, THE DEPARTMENT MAY
14 KEEP RECORDS OF CHARGES THAT HAVE BEEN FILED WITH THE COURTS IN
15 ORDER TO DETERMINE A PERSON'S ELIGIBILITY FOR A PROBATIONARY
16 LICENSE UNDER THE PROVISIONS OF SECTION 1554(B)(3) (RELATING TO
17 PROBATIONARY LICENSE). ALL RECORDS MAINTAINED PURSUANT TO THIS
18 SUBSECTION SHALL BE MAINTAINED FOR ADMINISTRATIVE AND LAW
19 ENFORCEMENT USE ONLY AND SHALL NOT BE RELEASED FOR ANY OTHER
20 PURPOSE.
21 (D) UPDATING DRIVING RECORD.--DRIVERS WISHING TO HAVE THEIR
22 RECORD REVIEWED BY THE DEPARTMENT MAY MAKE SUCH A REQUEST IN
23 ORDER THAT THE RECORD BE BROUGHT UP TO DATE. IN UPDATING
24 RECORDS, THE DEPARTMENT SHALL INCLUDE RECALCULATION OF
25 SUSPENSION OR REVOCATION SEGMENTS AND THE ASSIGNMENT AND
26 CREDITING OF ANY SUSPENSION OR REVOCATION TIME PREVIOUSLY
27 ASSIGNED OR CREDITED TOWARD A SUSPENSION OR REVOCATION WHICH
28 RESULTED FROM A CONVICTION WHICH HAS BEEN VACATED, OVERTURNED,
29 DISMISSED OR WITHDRAWN. ANY FULLY OR PARTIALLY SERVED SUSPENSION
30 OR REVOCATION TIME MAY ONLY BE REASSIGNED OR CREDITED TOWARD A
20030H0004B2365 - 79 -
1 SUSPENSION OR REVOCATION SEGMENT PROCESSED ON THE DRIVER'S
2 RECORD AS OF THE ACTUAL COMMENCEMENT DATE OF THE FULLY OR
3 PARTIALLY SERVED SUSPENSION OR REVOCATION TIME.
4 § 1532. SUSPENSION OF OPERATING PRIVILEGE.
5 * * *
6 (B) SUSPENSION.--
7 * * *
8 (3) THE DEPARTMENT SHALL SUSPEND THE OPERATING PRIVILEGE
9 OF ANY DRIVER FOR 12 MONTHS UPON RECEIVING A CERTIFIED RECORD
10 OF THE DRIVER'S CONVICTION OF SECTION [3731 (RELATING TO
11 DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE)
12 OR] 3733 (RELATING TO FLEEING OR ATTEMPTING TO ELUDE POLICE
13 OFFICER)[,] OR A SUBSTANTIALLY SIMILAR [OFFENSES] OFFENSE
14 REPORTED TO THE DEPARTMENT UNDER ARTICLE III OF SECTION 1581
15 (RELATING TO DRIVER'S LICENSE COMPACT), OR AN ADJUDICATION OF
16 DELINQUENCY BASED ON SECTION [3731 OR] 3733. THE DEPARTMENT
17 SHALL SUSPEND THE OPERATING PRIVILEGE OF ANY DRIVER FOR SIX
18 MONTHS UPON RECEIVING A CERTIFIED RECORD OF A CONSENT DECREE
19 GRANTED UNDER 42 PA.C.S. CH. 63 (RELATING TO JUVENILE
20 MATTERS) BASED ON SECTION [3731 OR] 3733.
21 * * *
22 SECTION 10. SECTION 1534(B) OF TITLE 75 IS AMENDED AND THE
23 SECTION IS AMENDED BY ADDING SUBSECTIONS TO READ:
24 § 1534. NOTICE OF ACCEPTANCE OF ACCELERATED REHABILITATIVE
25 DISPOSITION.
26 * * *
27 (B) EXCEPTION.--IF A PERSON IS ARRESTED FOR ANY OFFENSE
28 ENUMERATED IN SECTION [3731] 3802 (RELATING TO DRIVING UNDER
29 INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE) AND IS OFFERED AND
30 ACCEPTS ACCELERATED REHABILITATIVE DISPOSITION UNDER GENERAL
20030H0004B2365 - 80 -
1 RULES, THE COURT SHALL PROMPTLY NOTIFY THE DEPARTMENT. THE
2 DEPARTMENT SHALL MAINTAIN A RECORD OF THE ACCEPTANCE OF
3 ACCELERATED REHABILITATIVE DISPOSITION FOR A PERIOD OF [SEVEN]
4 TEN YEARS FROM THE DATE OF NOTIFICATION. THIS RECORD SHALL NOT
5 BE EXPUNGED BY ORDER OF COURT[.] OR PRIOR TO THE EXPIRATION OF
6 THE TEN-YEAR PERIOD.
7 (C) EXPUNGEMENT.--IMMEDIATELY FOLLOWING THE EXPIRATION OF
8 THE TEN-YEAR PERIOD, THE DEPARTMENT SHALL EXPUNGE THE RECORD OF
9 THE ACCEPTANCE OF ACCELERATED REHABILITATIVE DISPOSITION. THE
10 DEPARTMENT SHALL NOT REQUIRE AN ORDER OF COURT TO EXPUNGE THE
11 RECORD.
12 (D) EXCEPTIONS TO EXPUNGEMENT.--THE DEPARTMENT SHALL NOT BE
13 REQUIRED TO EXPUNGE THE RECORD OF ACCEPTANCE OF ACCELERATED
14 REHABILITATIVE DISPOSITION IF:
15 (1) DURING THE TEN-YEAR PERIOD, THE DEPARTMENT REVOKES
16 THE OPERATING PRIVILEGES OF A PERSON PURSUANT TO SECTION 1542
17 (RELATING TO REVOCATION OF HABITUAL OFFENDER'S LICENSE); OR
18 (2) THE PERSON WAS A COMMERCIAL DRIVER AT THE TIME OF
19 THE VIOLATION CAUSING THE DISPOSITION.
20 SECTION 11. SECTIONS 1541(A.1) AND (D), 1542(B), 1543(B),
21 1545, 1547(B)(1) AND (2), (C), (D), (E) AND (I), 1548 AND 1552
22 OF TITLE 75 ARE AMENDED TO READ:
23 § 1541. PERIOD OF DISQUALIFICATION, REVOCATION OR SUSPENSION OF
24 OPERATING PRIVILEGE.
25 * * *
26 (A.1) CREDIT TOWARD SERVING PERIOD OF SUSPENSION FOR CERTAIN
27 VIOLATIONS.--CREDIT TOWARD SERVING THE PERIOD OF SUSPENSION OR
28 REVOCATION IMPOSED FOR SECTIONS [3731 (RELATING TO DRIVING UNDER
29 INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE),] 3732 (RELATING
30 TO HOMICIDE BY VEHICLE), 3735 (RELATING TO HOMICIDE BY VEHICLE
20030H0004B2365 - 81 -
1 WHILE DRIVING UNDER THE INFLUENCE) [AND], 3735.1 (RELATING TO
2 AGGRAVATED ASSAULT BY VEHICLE WHILE DRIVING UNDER THE INFLUENCE)
3 AND 3802 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR
4 CONTROLLED SUBSTANCE) SHALL NOT COMMENCE UNTIL THE DATE OF THE
5 PERSON'S RELEASE FROM PRISON.
6 * * *
7 (D) CONTINUED SUSPENSION OF OPERATING PRIVILEGE.--A
8 DEFENDANT ORDERED BY THE COURT UNDER SECTION [1548] 3816
9 (RELATING TO REQUIREMENTS FOR DRIVING UNDER INFLUENCE
10 OFFENDERS), AS THE RESULT OF A CONVICTION OR ACCELERATED
11 REHABILITATIVE DISPOSITION OF A VIOLATION OF SECTION [3731
12 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED
13 SUBSTANCE)] 3802, TO ATTEND A TREATMENT PROGRAM FOR ALCOHOL OR
14 DRUG ADDICTION MUST SUCCESSFULLY COMPLETE ALL REQUIREMENTS OF
15 THE TREATMENT PROGRAM ORDERED BY THE COURT BEFORE THE
16 DEFENDANT'S OPERATING PRIVILEGE MAY BE RESTORED. SUCCESSFUL
17 COMPLETION OF A TREATMENT PROGRAM INCLUDES THE PAYMENT OF ALL
18 COURT-IMPOSED FINES AND COSTS, AS WELL AS FEES TO BE PAID TO THE
19 TREATMENT PROGRAM BY THE DEFENDANT. IF A DEFENDANT FAILS TO
20 SUCCESSFULLY COMPLETE THE REQUIREMENTS OF A TREATMENT PROGRAM,
21 THE SUSPENSION SHALL REMAIN IN EFFECT UNTIL THE DEFENDANT
22 COMPLETES THE PROGRAM AND IS OTHERWISE ELIGIBLE FOR RESTORATION
23 OF HIS OPERATING PRIVILEGE. THE TREATMENT AGENCY SHALL
24 IMMEDIATELY NOTIFY THE COURT OF SUCCESSFUL COMPLETION OF THE
25 TREATMENT PROGRAM. THE FINAL DECISION AS TO WHETHER A DEFENDANT
26 HAS SUCCESSFULLY COMPLETED THE TREATMENT PROGRAM RESTS WITH THE
27 COURT.
28 § 1542. REVOCATION OF HABITUAL OFFENDER'S LICENSE.
29 * * *
30 (B) OFFENSES ENUMERATED.--THREE CONVICTIONS ARISING FROM
20030H0004B2365 - 82 -
1 SEPARATE ACTS OF ANY ONE OR MORE OF THE FOLLOWING OFFENSES
2 COMMITTED BY ANY PERSON SHALL RESULT IN SUCH PERSON BEING
3 DESIGNATED AS A HABITUAL OFFENDER:
4 (1) ANY VIOLATION OF SUBCHAPTER B OF CHAPTER 37
5 (RELATING TO SERIOUS TRAFFIC OFFENSES).
6 (1.1) ANY VIOLATION OF CHAPTER 38 (RELATING TO DRIVING
7 WHILE IMPAIRED) EXCEPT FOR SECTION 3809 (RELATING TO
8 RESTRICTION ON ALCOHOLIC BEVERAGES).
9 (2) ANY VIOLATION OF SECTION 3367 (RELATING TO RACING ON
10 HIGHWAYS).
11 (3) ANY VIOLATION OF SECTION 3742 (RELATING TO ACCIDENTS
12 INVOLVING DEATH OR PERSONAL INJURY).
13 (3.1) ANY VIOLATION OF SECTION 3742.1 (RELATING TO
14 ACCIDENTS INVOLVING DEATH OR PERSONAL INJURY WHILE NOT
15 PROPERLY LICENSED).
16 (4) ANY VIOLATION OF SECTION 3743 (RELATING TO ACCIDENTS
17 INVOLVING DAMAGE TO ATTENDED VEHICLE OR PROPERTY).
18 * * *
19 § 1543. DRIVING WHILE OPERATING PRIVILEGE IS SUSPENDED OR
20 REVOKED.
21 * * *
22 (B) CERTAIN OFFENSES.--
23 (1) A PERSON WHO DRIVES A MOTOR VEHICLE ON A HIGHWAY OR
24 TRAFFICWAY OF THIS COMMONWEALTH AT A TIME WHEN THE PERSON'S
25 OPERATING PRIVILEGE IS SUSPENDED OR REVOKED AS A CONDITION OF
26 ACCEPTANCE OF ACCELERATED REHABILITATIVE DISPOSITION FOR A
27 VIOLATION OF SECTION [3731] 3802 (RELATING TO DRIVING UNDER
28 INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE) OR BECAUSE OF A
29 VIOLATION OF SECTION 1547(B)(1) (RELATING TO SUSPENSION FOR
30 REFUSAL) OR [3731] 3802 OR IS SUSPENDED UNDER SECTION 1581
20030H0004B2365 - 83 -
1 (RELATING TO DRIVER'S LICENSE COMPACT) FOR AN OFFENSE
2 SUBSTANTIALLY SIMILAR TO A VIOLATION OF SECTION [3731] 3802
3 SHALL, UPON CONVICTION, BE GUILTY OF A SUMMARY OFFENSE AND
4 SHALL BE SENTENCED TO PAY A FINE OF [$1,000] $500 AND TO
5 UNDERGO IMPRISONMENT FOR A PERIOD OF NOT LESS THAN [90] 60
6 DAYS.
7 (1.1) (I) A PERSON WHO HAS AN AMOUNT OF ALCOHOL BY
8 WEIGHT IN HIS BLOOD THAT IS EQUAL TO OR GREATER THAN .02%
9 OR [IS UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE AS
10 DEFINED IN SECTION 1603 (RELATING TO DEFINITIONS)] WHO
11 HAS ANY AMOUNT OF A SCHEDULE I, II OR III CONTROLLED
12 SUBSTANCE, AS DEFINED IN THE ACT OF APRIL 14, 1972
13 (P.L.233, NO.64), KNOWN AS THE CONTROLLED SUBSTANCE,
14 DRUG, DEVICE AND COSMETIC ACT, OR ITS METABOLITE, WHICH
15 HAS NOT BEEN MEDICALLY PRESCRIBED FOR THE INDIVIDUAL AND
16 WHO DRIVES A MOTOR VEHICLE ON ANY HIGHWAY OR TRAFFICWAY
17 OF THIS COMMONWEALTH AT A TIME WHEN THE PERSON'S
18 OPERATING PRIVILEGE IS SUSPENDED OR REVOKED AS A
19 CONDITION OF ACCEPTANCE OF ACCELERATED REHABILITATIVE
20 DISPOSITION FOR A VIOLATION OF SECTION [3731] 3802 OR
21 BECAUSE OF A VIOLATION OF SECTION 1547(B)(1) OR [3731]
22 3802 OR IS SUSPENDED UNDER SECTION 1581 FOR AN OFFENSE
23 SUBSTANTIALLY SIMILAR TO A VIOLATION OF SECTION [3731]
24 3802 SHALL, UPON A FIRST CONVICTION, BE GUILTY OF A
25 SUMMARY OFFENSE AND SHALL BE SENTENCED TO PAY A FINE OF
26 $1,000 AND TO UNDERGO IMPRISONMENT FOR A PERIOD OF NOT
27 LESS THAN 90 DAYS.
28 (II) A SECOND VIOLATION OF THIS PARAGRAPH SHALL
29 CONSTITUTE A MISDEMEANOR OF THE THIRD DEGREE, AND UPON
30 CONVICTION THEREOF THE PERSON SHALL BE SENTENCED TO PAY A
20030H0004B2365 - 84 -
1 FINE OF $2,500 AND TO UNDERGO IMPRISONMENT FOR NOT LESS
2 THAN SIX MONTHS.
3 (III) A THIRD OR SUBSEQUENT VIOLATION OF THIS
4 PARAGRAPH SHALL CONSTITUTE A MISDEMEANOR OF THE FIRST
5 DEGREE, AND UPON CONVICTION THEREOF THE PERSON SHALL BE
6 SENTENCED TO PAY A FINE OF $5,000 AND TO UNDERGO
7 IMPRISONMENT FOR NOT LESS THAN TWO YEARS.
8 (2) THIS SUBSECTION SHALL APPLY TO ANY PERSON AGAINST
9 WHOM ONE OF THESE SUSPENSIONS HAS BEEN IMPOSED WHETHER THE
10 PERSON IS CURRENTLY SERVING THIS SUSPENSION OR WHETHER THE
11 EFFECTIVE DATE OF SUSPENSION HAS BEEN DEFERRED UNDER ANY OF
12 THE PROVISIONS OF SECTION 1544 (RELATING TO ADDITIONAL PERIOD
13 OF REVOCATION OR SUSPENSION). THIS PROVISION SHALL ALSO APPLY
14 UNTIL THE PERSON HAS HAD THE OPERATING PRIVILEGE RESTORED.
15 THIS SUBSECTION SHALL ALSO APPLY TO ANY REVOCATION IMPOSED
16 PURSUANT TO SECTION 1542 (RELATING TO REVOCATION OF HABITUAL
17 OFFENDER'S LICENSE) IF ANY OF THE ENUMERATED OFFENSES WAS FOR
18 A VIOLATION OF SECTION [3731] 3802 OR FOR AN OUT-OF-STATE
19 OFFENSE THAT IS SUBSTANTIALLY SIMILAR TO A VIOLATION OF
20 SECTION [3731] 3802 FOR WHICH A REVOCATION IS IMPOSED UNDER
21 SECTION 1581.
22 * * *
23 § 1545. RESTORATION OF OPERATING PRIVILEGE.
24 UPON THE RESTORATION OF ANY PERSON'S OPERATING PRIVILEGE
25 WHICH HAS BEEN SUSPENDED OR REVOKED PURSUANT TO THIS SUBCHAPTER
26 OR PURSUANT TO CHAPTER 38 (RELATING TO DRIVING WHILE IMPAIRED),
27 SUCH PERSON'S RECORD SHALL SHOW FIVE POINTS, EXCEPT THAT ANY
28 ADDITIONAL POINTS ASSESSED AGAINST THE PERSON SINCE THE DATE OF
29 THE LAST VIOLATION RESULTING IN THE SUSPENSION OR REVOCATION
30 SHALL BE ADDED TO SUCH FIVE POINTS UNLESS THE PERSON HAS SERVED
20030H0004B2365 - 85 -
1 AN ADDITIONAL PERIOD OF SUSPENSION OR REVOCATION PURSUANT TO
2 SECTION 1544(A) (RELATING TO ADDITIONAL PERIOD OF REVOCATION OR
3 SUSPENSION). THIS SECTION SHALL NOT APPLY TO SECTION 1533
4 (RELATING TO SUSPENSION OF OPERATING PRIVILEGE FOR FAILURE TO
5 RESPOND TO CITATION) OR TO 18 PA.C.S. § 6310.4 (RELATING TO
6 RESTRICTION OF OPERATING PRIVILEGES).
7 § 1547. CHEMICAL TESTING TO DETERMINE AMOUNT OF ALCOHOL OR
8 CONTROLLED SUBSTANCE.
9 * * *
10 (B) SUSPENSION FOR REFUSAL.--
11 (1) IF ANY PERSON PLACED UNDER ARREST FOR A VIOLATION OF
12 SECTION [3731] 3802 (RELATING TO DRIVING UNDER INFLUENCE OF
13 ALCOHOL OR CONTROLLED SUBSTANCE) IS REQUESTED TO SUBMIT TO
14 CHEMICAL TESTING AND REFUSES TO DO SO, THE TESTING SHALL NOT
15 BE CONDUCTED BUT UPON NOTICE BY THE POLICE OFFICER, THE
16 DEPARTMENT SHALL SUSPEND THE OPERATING PRIVILEGE OF THE
17 PERSON [FOR A PERIOD OF 12 MONTHS.] AS FOLLOWS:
18 (I) EXCEPT AS SET FORTH IN SUBPARAGRAPH (II), FOR A
19 PERIOD OF 12 MONTHS.
20 (II) FOR A PERIOD OF 24 MONTHS IF ANY OF THE
21 FOLLOWING APPLY:
22 (A) THE PERSON'S OPERATING PRIVILEGES HAVE
23 PREVIOUSLY BEEN SUSPENDED UNDER THIS SUBSECTION.
24 (B) THE PERSON HAS, PRIOR TO THE REFUSAL UNDER
25 THIS PARAGRAPH, BEEN SENTENCED FOR:
26 (I) AN OFFENSE UNDER FORMER SECTION 3731;
27 (II) AN OFFENSE UNDER SECTION 3802 (RELATING
28 TO DRIVING UNDER INFLUENCE OF ALCOHOL OR
29 CONTROLLED SUBSTANCE);
30 (III) AN OFFENSE EQUIVALENT TO AN OFFENSE
20030H0004B2365 - 86 -
1 UNDER SUBCLAUSE (I) OR (II); OR
2 (IV) A COMBINATION OF THE OFFENSES SET FORTH
3 IN THIS CLAUSE.
4 (2) IT SHALL BE THE DUTY OF THE POLICE OFFICER TO INFORM
5 THE PERSON THAT:
6 (I) THE PERSON'S OPERATING PRIVILEGE WILL BE
7 SUSPENDED UPON REFUSAL TO SUBMIT TO CHEMICAL TESTING[.];
8 AND
9 (II) UPON CONVICTION, PLEA OR ADJUDICATION OF
10 DELINQUENCY FOR VIOLATING SECTION 3802(A), THE PERSON
11 WILL BE SUBJECT TO THE PENALTIES PROVIDED IN SECTION
12 3804(C) (RELATING TO PENALTIES).
13 * * *
14 (C) TEST RESULTS ADMISSIBLE IN EVIDENCE.--IN ANY SUMMARY
15 PROCEEDING OR CRIMINAL PROCEEDING IN WHICH THE DEFENDANT IS
16 CHARGED WITH A VIOLATION OF SECTION [3731] 3802 OR ANY OTHER
17 VIOLATION OF THIS TITLE ARISING OUT OF THE SAME ACTION, THE
18 AMOUNT OF ALCOHOL OR CONTROLLED SUBSTANCE IN THE DEFENDANT'S
19 BLOOD, AS SHOWN BY CHEMICAL TESTING OF THE PERSON'S BREATH,
20 BLOOD OR URINE, WHICH TESTS WERE CONDUCTED BY QUALIFIED PERSONS
21 USING APPROVED EQUIPMENT, SHALL BE ADMISSIBLE IN EVIDENCE.
22 (1) CHEMICAL TESTS OF BREATH SHALL BE PERFORMED ON
23 DEVICES APPROVED BY THE DEPARTMENT OF HEALTH USING PROCEDURES
24 PRESCRIBED JOINTLY BY REGULATIONS OF THE DEPARTMENTS OF
25 HEALTH AND TRANSPORTATION. DEVICES SHALL HAVE BEEN CALIBRATED
26 AND TESTED FOR ACCURACY WITHIN A PERIOD OF TIME AND IN A
27 MANNER SPECIFIED BY REGULATIONS OF THE DEPARTMENTS OF HEALTH
28 AND TRANSPORTATION. FOR PURPOSES OF BREATH TESTING, A
29 QUALIFIED PERSON MEANS A PERSON WHO HAS FULFILLED THE
30 TRAINING REQUIREMENT IN THE USE OF THE EQUIPMENT IN A
20030H0004B2365 - 87 -
1 TRAINING PROGRAM APPROVED BY THE DEPARTMENTS OF HEALTH AND
2 TRANSPORTATION. A CERTIFICATE OR LOG SHOWING THAT A DEVICE
3 WAS CALIBRATED AND TESTED FOR ACCURACY AND THAT THE DEVICE
4 WAS ACCURATE SHALL BE PRESUMPTIVE EVIDENCE OF THOSE FACTS IN
5 EVERY PROCEEDING IN WHICH A VIOLATION OF THIS TITLE IS
6 CHARGED.
7 (2) CHEMICAL TESTS OF BLOOD OR URINE, IF CONDUCTED BY A
8 FACILITY LOCATED IN THIS COMMONWEALTH, SHALL BE PERFORMED BY
9 A CLINICAL LABORATORY LICENSED AND APPROVED BY THE DEPARTMENT
10 OF HEALTH FOR THIS PURPOSE USING PROCEDURES AND EQUIPMENT
11 PRESCRIBED BY THE DEPARTMENT OF HEALTH OR BY A PENNSYLVANIA
12 STATE POLICE CRIMINAL LABORATORY. FOR PURPOSES OF BLOOD AND
13 URINE TESTING, QUALIFIED PERSON MEANS AN INDIVIDUAL WHO IS
14 AUTHORIZED TO PERFORM THOSE CHEMICAL TESTS UNDER THE ACT OF
15 SEPTEMBER 26, 1951 (P.L.1539, NO.389), KNOWN AS THE CLINICAL
16 LABORATORY ACT.
17 (3) CHEMICAL TESTS OF BLOOD OR URINE, IF CONDUCTED BY A
18 FACILITY LOCATED OUTSIDE THIS COMMONWEALTH, SHALL BE
19 PERFORMED:
20 (I) BY A FACILITY LICENSED BY THE DEPARTMENT OF
21 HEALTH; OR
22 (II) BY A FACILITY LICENSED TO CONDUCT THE TESTS BY
23 THE STATE IN WHICH THE FACILITY IS LOCATED AND LICENSED
24 PURSUANT TO THE CLINICAL LABORATORY IMPROVEMENT
25 AMENDMENTS OF 1988 (PUBLIC LAW 100-578, 102 STAT. 2903).
26 [(D) PRESUMPTIONS FROM AMOUNT OF ALCOHOL.--IF CHEMICAL
27 TESTING OF A PERSON'S BREATH, BLOOD OR URINE SHOWS:
28 (1) THAT THE AMOUNT OF ALCOHOL BY WEIGHT IN THE BLOOD OF
29 AN ADULT IS 0.05% OR LESS, IT SHALL BE PRESUMED THAT THE
30 ADULT WAS NOT UNDER THE INFLUENCE OF ALCOHOL AND THE ADULT
20030H0004B2365 - 88 -
1 SHALL NOT BE CHARGED WITH ANY VIOLATION UNDER SECTION
2 3731(A)(1), (4) OR (5) (RELATING TO DRIVING UNDER INFLUENCE
3 OF ALCOHOL OR CONTROLLED SUBSTANCE), OR, IF THE ADULT WAS SO
4 CHARGED PRIOR TO THE TEST, THE CHARGE SHALL BE VOID AB
5 INITIO. THIS FACT SHALL NOT GIVE RISE TO ANY PRESUMPTION
6 CONCERNING A VIOLATION OF SECTION 3731(A)(2) OR (3) OR (I).
7 (2) THAT THE AMOUNT OF ALCOHOL BY WEIGHT IN THE BLOOD OF
8 AN ADULT IS IN EXCESS OF 0.05% BUT LESS THAN 0.10%, THIS FACT
9 SHALL NOT GIVE RISE TO ANY PRESUMPTION THAT THE ADULT WAS OR
10 WAS NOT UNDER THE INFLUENCE OF ALCOHOL, BUT THIS FACT MAY BE
11 CONSIDERED WITH OTHER COMPETENT EVIDENCE IN DETERMINING
12 WHETHER THE ADULT WAS OR WAS NOT UNDER THE INFLUENCE OF
13 ALCOHOL. THIS PROVISION SHALL NOT NEGATE THE PROVISIONS OF
14 SECTION 3731(I).
15 (3) THAT THE AMOUNT OF ALCOHOL BY WEIGHT IN THE BLOOD
16 OF:
17 (I) AN ADULT IS 0.10% OR MORE; OR
18 (II) A MINOR IS 0.02% OR MORE,
19 THIS FACT MAY BE INTRODUCED INTO EVIDENCE IF THE PERSON IS
20 CHARGED WITH VIOLATING SECTION 3731.]
21 (E) REFUSAL ADMISSIBLE IN EVIDENCE.--IN ANY SUMMARY
22 PROCEEDING OR CRIMINAL PROCEEDING IN WHICH THE DEFENDANT IS
23 CHARGED WITH A VIOLATION OF SECTION [3731] 3802 OR ANY OTHER
24 VIOLATION OF THIS TITLE ARISING OUT OF THE SAME ACTION, THE FACT
25 THAT THE DEFENDANT REFUSED TO SUBMIT TO CHEMICAL TESTING AS
26 REQUIRED BY SUBSECTION (A) MAY BE INTRODUCED IN EVIDENCE ALONG
27 WITH OTHER TESTIMONY CONCERNING THE CIRCUMSTANCES OF THE
28 REFUSAL. NO PRESUMPTIONS SHALL ARISE FROM THIS EVIDENCE BUT IT
29 MAY BE CONSIDERED ALONG WITH OTHER FACTORS CONCERNING THE
30 CHARGE.
20030H0004B2365 - 89 -
1 * * *
2 (I) REQUEST BY DRIVER FOR TEST.--ANY PERSON INVOLVED IN AN
3 ACCIDENT OR PLACED UNDER ARREST FOR A VIOLATION OF SECTION
4 [3731] 3802 MAY REQUEST A CHEMICAL TEST OF HIS BREATH, BLOOD OR
5 URINE. SUCH REQUESTS SHALL BE HONORED WHEN IT IS REASONABLY
6 PRACTICABLE TO DO SO.
7 * * *
8 § 1548. REQUIREMENTS FOR DRIVING UNDER INFLUENCE OFFENDERS.
9 [(A) EVALUATION USING COURT REPORTING NETWORK.--IN ADDITION
10 TO ANY OTHER REQUIREMENTS OF THE COURT, EVERY PERSON CONVICTED
11 OF A VIOLATION OF SECTION 3731 (RELATING TO DRIVING UNDER
12 INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE) AND EVERY PERSON
13 OFFERED ACCELERATED REHABILITATIVE DISPOSITION AS A RESULT OF A
14 CHARGE OF A VIOLATION OF SECTION 3731 SHALL, PRIOR TO SENTENCING
15 OR RECEIVING ACCELERATED REHABILITATIVE DISPOSITION OR OTHER
16 PRELIMINARY DISPOSITION, BE EVALUATED USING COURT REPORTING
17 NETWORK INSTRUMENTS ISSUED BY THE DEPARTMENT AND ANY OTHER
18 ADDITIONAL EVALUATION TECHNIQUES DEEMED APPROPRIATE BY THE COURT
19 TO DETERMINE THE EXTENT OF THE PERSON'S INVOLVEMENT WITH ALCOHOL
20 OR CONTROLLED SUBSTANCES AND TO ASSIST THE COURT IN DETERMINING
21 WHAT SENTENCING, PROBATION OR CONDITIONS OF ACCELERATED
22 REHABILITATIVE DISPOSITION WOULD BENEFIT THE PERSON OR THE
23 PUBLIC.
24 (B) ATTENDANCE AT ALCOHOL HIGHWAY SAFETY SCHOOL.--IN
25 ADDITION TO ANY OTHER REQUIREMENTS OF THE COURT, EVERY PERSON
26 CONVICTED OF A FIRST OFFENSE UNDER SECTION 3731 AND EVERY PERSON
27 PLACED ON ACCELERATED REHABILITATIVE DISPOSITION OR OTHER
28 PRELIMINARY DISPOSITION AS A RESULT OF A CHARGE OF A VIOLATION
29 OF SECTION 3731 SHALL, AS A PART OF SENTENCING OR AS A CONDITION
30 OF PAROLE, PROBATION OR ACCELERATED REHABILITATIVE DISPOSITION,
20030H0004B2365 - 90 -
1 BE REQUIRED TO ATTEND AND SUCCESSFULLY COMPLETE AN APPROVED
2 ALCOHOL HIGHWAY SAFETY SCHOOL ESTABLISHED PURSUANT TO SECTION
3 1549 (RELATING TO ESTABLISHMENT OF SCHOOLS). ALL PERSONS
4 REQUIRED TO PARTICIPATE IN THIS PROGRAM SHALL BE GIVEN BOTH ORAL
5 AND WRITTEN NOTICE OF THE PROVISIONS OF SECTION 1543(B)
6 (RELATING TO DRIVING WHILE OPERATING PRIVILEGE IS SUSPENDED OR
7 REVOKED). PERSONS CONVICTED OF A SECOND OR SUBSEQUENT OFFENSE
8 UNDER SECTION 3731 SHALL BE REQUIRED BY THE COURT TO BE TREATED
9 FOR ALCOHOL OR DRUG ADDICTION PURSUANT TO SUBSECTION (D).]
10 (C) RESULTS OF EVALUATION.--
11 (1) THIS SUBSECTION SHALL APPLY AS FOLLOWS:
12 (I) TO OFFENDERS SENTENCED UNDER SECTION 3804(A)(3),
13 (B)(2) AND (C)(1) (RELATING TO PENALTIES) AFTER SEPTEMBER
14 29, 2003, AND BEFORE JULY 1, 2006.
15 (II) TO OFFENDERS SENTENCED UNDER SECTION 3804(A)(1)
16 AND (2) AND (B)(1) AFTER SEPTEMBER 29, 2003, AND BEFORE
17 JULY 1, 2009.
18 (2) BASED ON THE RESULTS OF EVALUATION AND ANY
19 ADDITIONAL INFORMATION AND EVIDENCE, THE COURT MAY IN
20 ADDITION TO ANY OTHER REQUIREMENTS OF THE COURT OR THIS TITLE
21 DETERMINE AND REQUIRE, AS PART OF SENTENCING OR CONDITION OF
22 PAROLE, PROBATION OR ACCELERATED REHABILITATIVE DISPOSITION
23 OR OTHER PRELIMINARY DISPOSITION, THAT THE PERSON
24 SUCCESSFULLY COMPLETE A PRESCRIBED PROGRAM OF INDIVIDUAL OR
25 GROUP INTERVENTION OR SUPERVISED INPATIENT OR OUTPATIENT
26 TREATMENT OR ANY COMBINATION OF THESE PROGRAMS OR TREATMENTS
27 FOR A PERIOD OF UP TO TWO YEARS IN DURATION. ANY PROGRAM OF
28 INDIVIDUAL OR GROUP INTERVENTION OR SUPERVISED INPATIENT OR
29 OUTPATIENT TREATMENT SHALL BE OF A TYPE APPROVED BY THE
30 DEPARTMENT OF HEALTH OR OPERATED BY A FACILITY OR HOSPITAL
20030H0004B2365 - 91 -
1 THAT IS UNDER THE AUTHORITY OF THE UNITED STATES ARMED FORCES
2 OR THE DEPARTMENT OF VETERANS AFFAIRS. BASED ON PERIODIC
3 REVIEWS OF THE PERSON'S PROGRESS, THE COURT MAY ALTER, MODIFY
4 OR SHORTEN OR EXTEND THE DURATION OF THE REQUIREMENTS.
5 (3) THIS SUBSECTION SHALL EXPIRE JULY 1, 2009.
6 (D) ORDER FOR ALCOHOL OR DRUG COMMITMENT.--
7 (1) THIS SUBSECTION SHALL APPLY AS FOLLOWS:
8 (I) TO OFFENDERS SENTENCED UNDER SECTION 3804(A)(3),
9 (B)(2) AND (C)(1) AFTER SEPTEMBER 29, 2003, AND BEFORE
10 JULY 1, 2006.
11 (II) TO OFFENDERS SENTENCED UNDER SECTION 3804(A)(1)
12 AND (2) AND (B)(1) AFTER SEPTEMBER 29, 2003, AND BEFORE
13 JULY 1, 2009.
14 (2) IF AFTER EVALUATION AND FURTHER EXAMINATION AND
15 HEARING IT IS DETERMINED THAT A DEFENDANT IS AN ALLEGED
16 CHRONIC ABUSER OF ALCOHOL OR CONTROLLED SUBSTANCES OR THAT
17 THE PERSON IS A SEVERELY DEBILITATED CONTROLLED SUBSTANCE OR
18 ALCOHOL ABUSER WHO REPRESENTS A DEMONSTRATED AND SERIOUS
19 THREAT, THE COURT MAY ORDER THE PERSON COMMITTED FOR
20 TREATMENT AT A FACILITY OR INSTITUTION APPROVED BY THE
21 DEPARTMENT OF HEALTH OR OPERATED BY A FACILITY OR HOSPITAL
22 THAT IS UNDER THE AUTHORITY OF THE UNITED STATES ARMED FORCES
23 OR THE DEPARTMENT OF VETERANS AFFAIRS. IF THE DEFENDANT HAS
24 BEEN CONVICTED OF A PREVIOUS VIOLATION OF SECTION 3731, THE
25 COURT SHALL ORDER THE PERSON COMMITTED TO A DRUG AND ALCOHOL
26 TREATMENT PROGRAM LICENSED BY THE OFFICE OF DRUG AND ALCOHOL
27 PROGRAMS OF THE DEPARTMENT OF HEALTH OR OPERATED BY A
28 FACILITY OR HOSPITAL THAT IS UNDER THE AUTHORITY OF THE
29 UNITED STATES ARMED FORCES OR THE DEPARTMENT OF VETERANS
30 AFFAIRS:
20030H0004B2365 - 92 -
1 [(1)] (I) ANY PERSON SUBJECT TO THIS SUBSECTION MAY BE
2 EXAMINED BY AN APPROPRIATE PHYSICIAN OF THE PERSON'S CHOOSING
3 AND THE RESULT OF THE EXAMINATION SHALL BE CONSIDERED BY THE
4 COURT.
5 [(2)] (II) UPON MOTION DULY MADE BY THE COMMITTED
6 PERSON, AN ATTORNEY OR AN ATTENDING PHYSICIAN, THE COURT AT
7 ANY TIME AFTER AN ORDER OF COMMITMENT MAY REVIEW THE ORDER.
8 AFTER DETERMINING THE PROGRESS OF TREATMENT, THE COURT MAY
9 ORDER ITS CONTINUATION, THE PERSON'S RELEASE OR SUPERVISED
10 TREATMENT ON AN OUTPATIENT BASIS.
11 [(3)] (III) ANY PERSON ORDERED BY THE COURT TO RECEIVE
12 TREATMENT AFTER A FIRST OFFENSE, AND ANY PERSON REQUIRED TO
13 RECEIVE TREATMENT AFTER A SECOND OFFENSE UNDER SECTION 3731
14 MUST DEMONSTRATE TO THE COURT THAT THE DEFENDANT HAS
15 SUCCESSFULLY COMPLETED TREATMENT ACCORDING TO ALL GUIDELINES
16 REQUIRED BY THE PROGRAM BEFORE THE PERSON'S OPERATING
17 PRIVILEGE MAY BE RESTORED.
18 (3) THIS SUBSECTION SHALL EXPIRE JULY 1, 2009.
19 (E) COSTS.--COSTS OF ANY AND ALL REQUIREMENTS APPLIED UNDER
20 THIS SECTION SHALL BE IN ADDITION TO ANY OTHER PENALTY REQUIRED
21 OR ALLOWED BY LAW AND SHALL BE THE RESPONSIBILITY OF THE PERSON
22 UPON WHOM THE REQUIREMENTS ARE PLACED. THIS SUBSECTION SHALL
23 EXPIRE JULY 1, 2009.
24 (F) COURT-ORDERED INTERVENTION OR TREATMENT.--
25 (1) THIS SUBSECTION SHALL APPLY AS FOLLOWS:
26 (I) TO OFFENDERS SENTENCED UNDER SECTION 3804(A)(3),
27 (B)(2) AND (C)(1) AFTER SEPTEMBER 29, 2003, AND BEFORE
28 JULY 1, 2006.
29 (II) TO OFFENDERS SENTENCED UNDER SECTION 3804(A)(1)
30 AND (2) AND (B)(1) AFTER SEPTEMBER 29, 2003, AND BEFORE
20030H0004B2365 - 93 -
1 JULY 1, 2009.
2 (2) A RECORD SHALL BE SUBMITTED TO THE DEPARTMENT AS TO
3 WHETHER THE COURT DID OR DID NOT ORDER A DEFENDANT TO ATTEND
4 A PROGRAM OF SUPERVISED INDIVIDUAL OR GROUP COUNSELING
5 TREATMENT OR SUPERVISED INPATIENT OR OUTPATIENT TREATMENT. IF
6 THE COURT ORDERS TREATMENT, A REPORT SHALL BE FORWARDED TO
7 THE DEPARTMENT AS TO WHETHER THE DEFENDANT SUCCESSFULLY
8 COMPLETED THE PROGRAM. IF A DEFENDANT FAILS TO SUCCESSFULLY
9 COMPLETE A PROGRAM OF TREATMENT AS ORDERED BY THE COURT, THE
10 SUSPENSION SHALL REMAIN IN EFFECT UNTIL THE DEPARTMENT IS
11 NOTIFIED BY THE COURT THAT THE DEFENDANT HAS SUCCESSFULLY
12 COMPLETED TREATMENT AND THE DEFENDANT IS OTHERWISE ELIGIBLE
13 FOR RESTORATION OF HIS OPERATING PRIVILEGE. IN ORDER TO
14 IMPLEMENT THE RECORDKEEPING REQUIREMENTS OF THIS SECTION, THE
15 DEPARTMENT AND THE COURT SHALL WORK TOGETHER TO EXCHANGE
16 PERTINENT INFORMATION ABOUT A DEFENDANT'S CASE, INCLUDING
17 ATTENDANCE AND COMPLETION OF TREATMENT OR FAILURE TO COMPLETE
18 TREATMENT.
19 (3) THIS SUBSECTION SHALL EXPIRE JULY 1, 2009.
20 § 1552. ACCELERATED REHABILITATIVE DISPOSITION.
21 THE COURT OF COMMON PLEAS IN EACH JUDICIAL DISTRICT AND THE
22 MUNICIPAL COURT OF PHILADELPHIA SHALL ESTABLISH AND IMPLEMENT A
23 PROGRAM FOR ACCELERATED REHABILITATIVE DISPOSITION FOR PERSONS
24 CHARGED WITH A VIOLATION OF SECTION [3731] 3802 (RELATING TO
25 DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE) IN
26 ACCORDANCE WITH THE PROVISIONS OF THIS CHAPTER AND RULES ADOPTED
27 BY THE SUPREME COURT.
28 SECTION 12. SECTION 1553(D)(6), (8), (9) AND (16), (E) AND
29 (F)(1) OF TITLE 75 ARE AMENDED AND THE SECTION IS AMENDED BY
30 ADDING SUBSECTIONS TO READ:
20030H0004B2365 - 94 -
1 § 1553. OCCUPATIONAL LIMITED LICENSE.
2 * * *
3 (D) UNAUTHORIZED ISSUANCE.--THE DEPARTMENT SHALL PROHIBIT
4 ISSUANCE OF AN OCCUPATIONAL LIMITED LICENSE TO:
5 * * *
6 (6) [ ANY] EXCEPT AS SET FORTH IN SUBSECTION (D.1) OR
7 (D.2) ANY PERSON WHO HAS BEEN ADJUDICATED DELINQUENT OR
8 CONVICTED OF DRIVING UNDER THE INFLUENCE OF ALCOHOL OR
9 CONTROLLED SUBSTANCE UNLESS THE SUSPENSION OR REVOCATION
10 IMPOSED FOR THAT CONVICTION HAS BEEN FULLY SERVED.
11 * * *
12 (8) [ANY] EXCEPT AS SET FORTH IN SUBSECTIONS (D.1) AND
13 (D.2), ANY PERSON WHO HAS BEEN GRANTED A CONSENT DECREE OR
14 ACCELERATED REHABILITATIVE DISPOSITION FOR DRIVING UNDER THE
15 INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE AND WHOSE
16 LICENSE HAS BEEN SUSPENDED BY THE DEPARTMENT UNLESS THE
17 SUSPENSION IMPOSED HAS BEEN FULLY SERVED.
18 (9) [ANY] EXCEPT AS SET FORTH IN SUBSECTION (D.4), ANY
19 PERSON WHOSE OPERATING PRIVILEGE HAS BEEN SUSPENDED FOR A
20 VIOLATION OF 18 PA.C.S. § 6308 (RELATING TO PURCHASE,
21 CONSUMPTION, POSSESSION OR TRANSPORTATION OF LIQUOR OR MALT
22 OR BREWED BEVERAGES) UNLESS THE SUSPENSION IMPOSED HAS BEEN
23 FULLY SERVED.
24 * * *
25 (16) [ANY] EXCEPT AS SET FORTH IN SUBSECTION (D.3), ANY
26 PERSON WHOSE OPERATING PRIVILEGE HAS BEEN SUSPENDED UNDER AN
27 INTERJURISDICTIONAL AGREEMENT AS PROVIDED FOR IN SECTION 6146
28 AS THE RESULT OF A CONVICTION OR ADJUDICATION IF THE
29 CONVICTION OR ADJUDICATION FOR AN EQUIVALENT OFFENSE IN THIS
30 COMMONWEALTH WOULD HAVE PROHIBITED THE ISSUANCE OF AN
20030H0004B2365 - 95 -
1 OCCUPATIONAL LIMITED LICENSE.
2 * * *
3 (D.1) ADJUDICATION ELIGIBILITY.--AN INDIVIDUAL WHO HAS BEEN
4 ADJUDICATED DELINQUENT, CONVICTED, GRANTED A CONSENT DECREE OR
5 GRANTED ACCELERATED REHABILITATION DISPOSITION FOR DRIVING UNDER
6 THE INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE AND DOES NOT
7 HAVE A PRIOR OFFENSE AS DEFINED IN SECTION 3806(A) (RELATING TO
8 PRIOR OFFENSES) SHALL BE ELIGIBLE FOR AN OCCUPATIONAL LIMITED
9 LICENSE.
10 (D.2) SUSPENSION ELIGIBILITY.--
11 (1) AN INDIVIDUAL WHOSE LICENSE HAS BEEN SUSPENDED FOR A
12 PERIOD OF 24 MONTHS UNDER SECTION 1547(B)(1)(II) (RELATING TO
13 CHEMICAL TESTING TO DETERMINE AMOUNT OF ALCOHOL OR CONTROLLED
14 SUBSTANCE) OR 3804(E)(2)(II) (RELATING TO PENALTIES) SHALL
15 NOT BE PROHIBITED FROM OBTAINING AN OCCUPATIONAL LIMITED
16 LICENSE UNDER THIS SECTION IF THE INDIVIDUAL:
17 (I) IS OTHERWISE ELIGIBLE FOR RESTORATION;
18 (II) HAS SERVED AT LEAST 12 MONTHS OF THE LICENSE
19 SUSPENSION;
20 (III) ONLY OPERATES A MOTOR VEHICLE EQUIPPED WITH AN
21 IGNITION INTERLOCK SYSTEM AS DEFINED IN SECTION 3801
22 (RELATING TO DEFINITIONS); AND
23 (IV) HAS CERTIFIED TO THE DEPARTMENT UNDER PARAGRAPH
24 (3).
25 (2) A PERIOD OF IGNITION INTERLOCK ACCEPTED UNDER THIS
26 SUBSECTION SHALL NOT COUNT TOWARDS THE ONE-YEAR MANDATORY
27 PERIOD OF IGNITION INTERLOCK IMPOSED UNDER SECTION 3805
28 (RELATING TO IGNITION INTERLOCK).
29 (3) IF AN INDIVIDUAL SEEKS AN OCCUPATIONAL LIMITED
30 LICENSE UNDER THIS SUBSECTION, THE DEPARTMENT SHALL REQUIRE
20030H0004B2365 - 96 -
1 THAT EACH MOTOR VEHICLE OWNED OR REGISTERED TO THE PERSON HAS
2 BEEN EQUIPPED WITH AN APPROVED IGNITION INTERLOCK SYSTEM AS A
3 CONDITION OF ISSUING AN OCCUPATIONAL LIMITED LICENSE WITH AN
4 IGNITION INTERLOCK RESTRICTION.
5 (D.3) INTERJURISDICTIONAL SUSPENSIONS.--AN INDIVIDUAL WHOSE
6 OPERATING PRIVILEGE HAS BEEN SUSPENDED PURSUANT TO AN
7 INTERJURISDICTIONAL AGREEMENT UNDER SECTION 6146 AS THE RESULT
8 OF AN ADJUDICATION OR CONVICTION FOR DRIVING UNDER THE INFLUENCE
9 OF ALCOHOL OR CONTROLLED SUBSTANCE AND DOES NOT HAVE A PRIOR
10 OFFENSE AS DEFINED IN SECTION 3806(A) SHALL BE ELIGIBLE FOR AN
11 OCCUPATIONAL LIMITED LICENSE.
12 (D.4) SUSPENSION ELIGIBILITY RELATED TO TITLE 18
13 VIOLATION.--AN INDIVIDUAL WHOSE OPERATING PRIVILEGE HAS BEEN
14 SUSPENDED FOR VIOLATION OF 18 PA.C.S. § 6308 SHALL BE ELIGIBLE
15 FOR AN OCCUPATIONAL LIMITED LICENSE UNLESS THE INDIVIDUAL HAS
16 PREVIOUSLY VIOLATED 18 PA.C.S. § 6308.
17 (E) OFFENSES COMMITTED DURING A PERIOD FOR WHICH AN
18 OCCUPATIONAL LIMITED LICENSE HAS BEEN ISSUED.--ANY DRIVER WHO
19 HAS BEEN ISSUED AN OCCUPATIONAL LIMITED LICENSE AND AS TO WHOM
20 THE DEPARTMENT RECEIVES A REPORT OF CONVICTION OF AN OFFENSE FOR
21 WHICH THE PENALTY IS A CANCELLATION, DISQUALIFICATION, RECALL,
22 SUSPENSION OR REVOCATION OF OPERATING PRIVILEGES OR A REPORT
23 UNDER SECTION 3815(C)(4) (RELATING TO MANDATORY SENTENCING)
24 SHALL HAVE THE OCCUPATIONAL LIMITED LICENSE RECALLED, AND THE
25 DRIVER SHALL SURRENDER THE LIMITED LICENSE TO THE DEPARTMENT OR
26 ITS AGENTS DESIGNATED UNDER THE AUTHORITY OF SECTION 1540.
27 (F) RESTRICTIONS.--A DRIVER WHO HAS BEEN ISSUED AN
28 OCCUPATIONAL LIMITED LICENSE SHALL OBSERVE THE FOLLOWING:
29 (1) THE DRIVER SHALL OPERATE A DESIGNATED VEHICLE ONLY
30 [BETWEEN]:
20030H0004B2365 - 97 -
1 (I) BETWEEN THE DRIVER'S PLACE OF RESIDENCE AND
2 PLACE OF EMPLOYMENT OR STUDY AND AS NECESSARY IN THE
3 COURSE OF EMPLOYMENT OR CONDUCTING A BUSINESS OR PURSUING
4 A COURSE OF STUDY WHERE THE OPERATION OF A MOTOR VEHICLE
5 IS A REQUIREMENT OF EMPLOYMENT OR OF CONDUCTING A
6 BUSINESS OR OF PURSUING A COURSE OF STUDY.
7 (II) TO AND FROM A PLACE FOR SCHEDULED OR EMERGENCY
8 MEDICAL EXAMINATION OR TREATMENT. THIS SUBPARAGRAPH
9 INCLUDES TREATMENT REQUIRED UNDER CHAPTER 38 (RELATING TO
10 DRIVING WHILE IMPAIRED).
11 * * *
12 SECTION 13. SECTIONS 1554(F)(8), 1575(B), 1586, 1611(A)(1),
13 3101(B), 3326(C), 3327(E) AND 3716(A) OF TITLE 75 ARE AMENDED TO
14 READ:
15 § 1554. PROBATIONARY LICENSE.
16 * * *
17 (F) UNAUTHORIZED ISSUANCE.--THE DEPARTMENT SHALL NOT ISSUE A
18 PROBATIONARY LICENSE TO:
19 * * *
20 (8) A PERSON WHO HAS BEEN CONVICTED OF A VIOLATION OF
21 SECTION [3731] 3802 (RELATING TO DRIVING UNDER INFLUENCE OF
22 ALCOHOL OR CONTROLLED SUBSTANCE) WITHIN THE PRECEDING SEVEN
23 YEARS.
24 * * *
25 § 1575. PERMITTING VIOLATION OF TITLE.
26 * * *
27 (B) PENALTY.--ANY PERSON VIOLATING THE PROVISIONS OF
28 SUBSECTION (A) IS GUILTY OF A SUMMARY OFFENSE AND IS SUBJECT TO
29 THE SAME FINE AS THE DRIVER OF THE VEHICLE. IF THE DRIVER IS
30 CONVICTED UNDER SECTION [3731 (RELATING TO DRIVING UNDER
20030H0004B2365 - 98 -
1 INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE) OR] 3735 (RELATING
2 TO HOMICIDE BY VEHICLE WHILE DRIVING UNDER INFLUENCE) OR 3802
3 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED
4 SUBSTANCE), THE PERSON VIOLATING SUBSECTION (A) SHALL ALSO BE
5 SUBJECT TO SUSPENSION OR REVOCATION, AS APPLICABLE, UNDER
6 SECTIONS 1532 (RELATING TO REVOCATION OR SUSPENSION OF OPERATING
7 PRIVILEGE) [AND], 1542 (RELATING TO REVOCATION OF HABITUAL
8 OFFENDER'S LICENSE) AND 3804(E) (RELATING TO PENALTIES).
9 * * *
10 § 1586. DUTIES OF DEPARTMENT.
11 THE DEPARTMENT SHALL, FOR PURPOSES OF IMPOSING A SUSPENSION
12 OR REVOCATION UNDER ARTICLE IV OF THE COMPACT, TREAT REPORTS OF
13 CONVICTIONS RECEIVED FROM PARTY STATES THAT RELATE TO DRIVING,
14 OPERATING OR BEING IN ACTUAL PHYSICAL CONTROL OF A VEHICLE WHILE
15 IMPAIRED BY OR UNDER THE INFLUENCE OF ALCOHOL, INTOXICATING
16 LIQUOR, DRUGS, NARCOTICS, CONTROLLED SUBSTANCES OR OTHER
17 IMPAIRING OR INTOXICATING SUBSTANCE AS BEING SUBSTANTIALLY
18 SIMILAR TO SECTION [3731] 3802 (RELATING TO DRIVING UNDER THE
19 INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE). THE FACT THAT THE
20 OFFENSE REPORTED TO THE DEPARTMENT BY A PARTY STATE MAY REQUIRE
21 A DIFFERENT DEGREE OF IMPAIRMENT OF A PERSON'S ABILITY TO
22 OPERATE, DRIVE OR CONTROL A VEHICLE THAN THAT REQUIRED TO
23 SUPPORT A CONVICTION FOR A VIOLATION OF SECTION [3731] 3802
24 SHALL NOT BE A BASIS FOR DETERMINING THAT THE PARTY STATE'S
25 OFFENSE IS NOT SUBSTANTIALLY SIMILAR TO SECTION [3731] 3802 FOR
26 PURPOSES OF ARTICLE IV OF THE COMPACT.
27 § 1611. DISQUALIFICATION.
28 (A) DISQUALIFICATION FOR FIRST VIOLATION OF CERTAIN
29 OFFENSES.--UPON RECEIPT OF A CERTIFIED COPY OF CONVICTION, THE
30 DEPARTMENT SHALL, IN ADDITION TO ANY OTHER PENALTIES IMPOSED
20030H0004B2365 - 99 -
1 UNDER THIS TITLE, DISQUALIFY ANY PERSON FROM DRIVING A
2 COMMERCIAL MOTOR VEHICLE OR SCHOOL VEHICLE FOR A PERIOD OF ONE
3 YEAR FOR THE FIRST VIOLATION OF:
4 (1) SECTION [3731] 3802 (RELATING TO DRIVING UNDER THE
5 INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE), WHERE THE
6 VIOLATION OCCURRED WHILE THE PERSON WAS OPERATING A
7 COMMERCIAL MOTOR VEHICLE OR SCHOOL VEHICLE;
8 * * *
9 § 3101. APPLICATION OF PART.
10 * * *
11 (B) SERIOUS TRAFFIC OFFENSES.--THE PROVISIONS OF SECTION
12 3345 (RELATING TO MEETING OR OVERTAKING SCHOOL BUS) [AND],
13 SUBCHAPTER B OF CHAPTER 37 (RELATING TO SERIOUS TRAFFIC
14 OFFENSES) AND CHAPTER 38 (RELATING TO DRIVING WHILE IMPAIRED)
15 SHALL APPLY UPON HIGHWAYS AND TRAFFICWAYS THROUGHOUT THIS
16 COMMONWEALTH.
17 § 3326. DUTY OF DRIVER IN CONSTRUCTION AND MAINTENANCE AREAS OR
18 ON HIGHWAY SAFETY CORRIDORS.
19 * * *
20 (C) FINES TO BE DOUBLED.-- FOR ANY OF THE FOLLOWING
21 VIOLATIONS, WHEN COMMITTED IN AN ACTIVE WORK ZONE MANNED BY
22 WORKERS ACTING IN THEIR OFFICIAL CAPACITY OR ON A HIGHWAY SAFETY
23 CORRIDOR DESIGNATED UNDER SECTION 6105.1 (RELATING TO
24 DESIGNATION OF HIGHWAY SAFETY CORRIDORS), THE FINE SHALL BE
25 DOUBLE THE USUAL AMOUNT:
26 SECTION 3102 (RELATING TO OBEDIENCE TO AUTHORIZED
27 PERSONS DIRECTING TRAFFIC).
28 SECTION 3111 (RELATING TO OBEDIENCE TO TRAFFIC-
29 CONTROL DEVICES).
30 SECTION 3112 (RELATING TO TRAFFIC-CONTROL SIGNALS).
20030H0004B2365 - 100 -
1 SECTION 3114 (RELATING TO FLASHING SIGNALS).
2 SECTION 3302 (RELATING TO MEETING VEHICLE PROCEEDING
3 IN OPPOSITE DIRECTION).
4 SECTION 3303 (RELATING TO OVERTAKING VEHICLE ON THE
5 LEFT).
6 SECTION 3304 (RELATING TO OVERTAKING VEHICLE ON THE
7 RIGHT).
8 SECTION 3305 (RELATING TO LIMITATIONS ON OVERTAKING
9 ON THE LEFT).
10 SECTION 3306 (RELATING TO LIMITATIONS ON DRIVING ON
11 LEFT SIDE OF ROADWAY).
12 SECTION 3307 (RELATING TO NO-PASSING ZONES).
13 SECTION 3309 (RELATING TO DRIVING ON ROADWAYS LANED
14 FOR TRAFFIC).
15 SECTION 3310 (RELATING TO FOLLOWING TOO CLOSELY).
16 SECTION 3323 (RELATING TO STOP SIGNS AND YIELD
17 SIGNS).
18 SECTION 3326 (RELATING TO DUTY OF DRIVER IN
19 CONSTRUCTION AND MAINTENANCE AREAS).
20 SECTION 3361 (RELATING TO DRIVING VEHICLE AT SAFE
21 SPEED).
22 SECTION 3362 (RELATING TO MAXIMUM SPEED LIMITS).
23 SECTION 3702 (RELATING TO LIMITATIONS ON BACKING).
24 SECTION 3714 (RELATING TO CARELESS DRIVING).
25 SECTION 3715 (RELATING TO RESTRICTION ON ALCOHOLIC
26 BEVERAGES).
27 [SECTION 3731 (RELATING TO DRIVING UNDER INFLUENCE OF
28 ALCOHOL OR CONTROLLED SUBSTANCE).]
29 SECTION 3736 (RELATING TO RECKLESS DRIVING).
30 SECTION 3802 (RELATING TO DRIVING UNDER INFLUENCE OF
20030H0004B2365 - 101 -
1 ALCOHOL OR CONTROLLED SUBSTANCE).
2 * * *
3 § 3327. DUTY OF DRIVER IN EMERGENCY RESPONSE AREAS.
4 * * *
5 (E) FINES TO BE DOUBLED.--IN ADDITION TO ANY PENALTY AS
6 PROVIDED IN SUBSECTION (B), THE FINE FOR ANY OF THE FOLLOWING
7 VIOLATIONS WHEN COMMITTED IN AN EMERGENCY RESPONSE AREA MANNED
8 BY EMERGENCY SERVICE RESPONDERS SHALL BE DOUBLE THE USUAL
9 AMOUNT:
10 SECTION 3102 (RELATING TO OBEDIENCE TO AUTHORIZED PERSONS
11 DIRECTING TRAFFIC).
12 SECTION 3111 (RELATING TO OBEDIENCE TO TRAFFIC-CONTROL
13 DEVICES).
14 SECTION 3114 (RELATING TO FLASHING SIGNALS).
15 SECTION 3302 (RELATING TO MEETING VEHICLE PROCEEDING IN
16 OPPOSITE DIRECTION).
17 SECTION 3303 (RELATING TO OVERTAKING VEHICLE ON THE
18 LEFT).
19 SECTION 3304 (RELATING TO OVERTAKING VEHICLE ON THE
20 RIGHT).
21 SECTION 3305 (RELATING TO LIMITATIONS ON OVERTAKING ON
22 THE LEFT).
23 SECTION 3306 (RELATING TO LIMITATIONS ON DRIVING ON LEFT
24 SIDE OF ROADWAY).
25 SECTION 3307 (RELATING TO NO-PASSING ZONES).
26 SECTION 3310 (RELATING TO FOLLOWING TOO CLOSELY).
27 SECTION 3312 (RELATING TO LIMITED ACCESS HIGHWAY
28 ENTRANCES AND EXITS).
29 SECTION 3323 (RELATING TO STOP SIGNS AND YIELD SIGNS).
30 SECTION 3325 (RELATING TO DUTY OF DRIVER ON APPROACH OF
20030H0004B2365 - 102 -
1 EMERGENCY VEHICLE).
2 SECTION 3361 (RELATING TO DRIVING VEHICLE AT SAFE SPEED).
3 SECTION 3707 (RELATING TO DRIVING OR STOPPING CLOSE TO
4 FIRE APPARATUS).
5 SECTION 3710 (RELATING TO STOPPING AT INTERSECTION OR
6 CROSSING TO PREVENT OBSTRUCTION).
7 SECTION 3714 (RELATING TO CARELESS DRIVING).
8 SECTION 3715.1 (RELATING TO RESTRICTION ON ALCOHOLIC
9 BEVERAGES).
10 [SECTION 3731 (RELATING TO DRIVING UNDER INFLUENCE OF
11 ALCOHOL OR CONTROLLED SUBSTANCE).]
12 SECTION 3736 (RELATING TO RECKLESS DRIVING).
13 SECTION 3802 (RELATING TO DRIVING UNDER INFLUENCE OF
14 ALCOHOL OR CONTROLLED SUBSTANCE).
15 * * *
16 § 3716. ACCIDENTS INVOLVING OVERTURNED VEHICLES.
17 (A) SPEEDING, CARELESS DRIVING, ETC.--IF A COMMERCIAL MOTOR
18 VEHICLE OVERTURNS IN AN ACCIDENT RESULTING FROM A VIOLATION OF
19 SECTION 3361 (RELATING TO DRIVING VEHICLE AT SAFE SPEED), 3362
20 (RELATING TO MAXIMUM SPEED LIMITS), 3714 (RELATING TO CARELESS
21 DRIVING) OR [3731] 3802 (RELATING TO DRIVING UNDER INFLUENCE OF
22 ALCOHOL OR CONTROLLED SUBSTANCE), THE OPERATOR OF THE VEHICLE
23 SHALL, UPON CONVICTION OF ANY OF THE AFOREMENTIONED OFFENSES, BE
24 SENTENCED TO PAY A FINE OF $2,000, IN ADDITION TO ANY OTHER
25 PENALTY AUTHORIZED BY LAW.
26 * * *
27 SECTION 14. SECTION 3731 OF TITLE 75 IS REPEALED.
28 SECTION 15. SECTIONS 3732(A), 3735(A), 3735.1(A) AND 3755(A)
29 OF TITLE 75 ARE AMENDED TO READ:
30 § 3732. HOMICIDE BY VEHICLE.
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1 (A) OFFENSE.--ANY PERSON WHO RECKLESSLY OR WITH GROSS
2 NEGLIGENCE CAUSES THE DEATH OF ANOTHER PERSON WHILE ENGAGED IN
3 THE VIOLATION OF ANY LAW OF THIS COMMONWEALTH OR MUNICIPAL
4 ORDINANCE APPLYING TO THE OPERATION OR USE OF A VEHICLE OR TO
5 THE REGULATION OF TRAFFIC EXCEPT SECTION [3731] 3802 (RELATING
6 TO DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE)
7 IS GUILTY OF HOMICIDE BY VEHICLE, A FELONY OF THE THIRD DEGREE,
8 WHEN THE VIOLATION IS THE CAUSE OF DEATH.
9 * * *
10 § 3735. HOMICIDE BY VEHICLE WHILE DRIVING UNDER INFLUENCE.
11 (A) OFFENSE DEFINED.--ANY PERSON WHO UNINTENTIONALLY CAUSES
12 THE DEATH OF ANOTHER PERSON AS THE RESULT OF A VIOLATION OF
13 SECTION [3731] 3802 (RELATING TO DRIVING UNDER INFLUENCE OF
14 ALCOHOL OR CONTROLLED SUBSTANCE) AND WHO IS CONVICTED OF
15 VIOLATING SECTION [3731] 3802 IS GUILTY OF A FELONY OF THE
16 SECOND DEGREE WHEN THE VIOLATION IS THE CAUSE OF DEATH AND THE
17 SENTENCING COURT SHALL ORDER THE PERSON TO SERVE A MINIMUM TERM
18 OF IMPRISONMENT OF NOT LESS THAN THREE YEARS. A CONSECUTIVE
19 THREE-YEAR TERM OF IMPRISONMENT SHALL BE IMPOSED FOR EACH VICTIM
20 WHOSE DEATH IS THE RESULT OF THE VIOLATION OF SECTION [3731]
21 3802.
22 * * *
23 § 3735.1. AGGRAVATED ASSAULT BY VEHICLE WHILE DRIVING UNDER THE
24 INFLUENCE.
25 (A) OFFENSE DEFINED.--ANY PERSON WHO NEGLIGENTLY CAUSES
26 SERIOUS BODILY INJURY TO ANOTHER PERSON AS THE RESULT OF A
27 VIOLATION OF SECTION [3731] 3802 (RELATING TO DRIVING UNDER
28 INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE) AND WHO IS
29 CONVICTED OF VIOLATING SECTION [3731] 3802 COMMITS A FELONY OF
30 THE SECOND DEGREE WHEN THE VIOLATION IS THE CAUSE OF THE INJURY.
20030H0004B2365 - 104 -
1 * * *
2 § 3755. REPORTS BY EMERGENCY ROOM PERSONNEL.
3 (A) GENERAL RULE.--IF, AS A RESULT OF A MOTOR VEHICLE
4 ACCIDENT, THE PERSON WHO DROVE, OPERATED OR WAS IN ACTUAL
5 PHYSICAL CONTROL OF THE MOVEMENT OF ANY INVOLVED MOTOR VEHICLE
6 REQUIRES MEDICAL TREATMENT IN AN EMERGENCY ROOM OF A HOSPITAL
7 AND IF PROBABLE CAUSE EXISTS TO BELIEVE A VIOLATION OF SECTION
8 [3731] 3802 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR
9 CONTROLLED SUBSTANCE) WAS INVOLVED, THE EMERGENCY ROOM PHYSICIAN
10 OR HIS DESIGNEE SHALL PROMPTLY TAKE BLOOD SAMPLES FROM THOSE
11 PERSONS AND TRANSMIT THEM WITHIN 24 HOURS FOR TESTING TO THE
12 DEPARTMENT OF HEALTH OR A CLINICAL LABORATORY LICENSED AND
13 APPROVED BY THE DEPARTMENT OF HEALTH AND SPECIFICALLY DESIGNATED
14 FOR THIS PURPOSE. THIS SECTION SHALL BE APPLICABLE TO ALL
15 INJURED OCCUPANTS WHO WERE CAPABLE OF MOTOR VEHICLE OPERATION IF
16 THE OPERATOR OR PERSON IN ACTUAL PHYSICAL CONTROL OF THE
17 MOVEMENT OF THE MOTOR VEHICLE CANNOT BE DETERMINED. TEST RESULTS
18 SHALL BE RELEASED UPON REQUEST OF THE PERSON TESTED, HIS
19 ATTORNEY, HIS PHYSICIAN OR GOVERNMENTAL OFFICIALS OR AGENCIES.
20 * * *
21 SECTION 16. TITLE 75 IS AMENDED BY ADDING A CHAPTER TO READ:
22 CHAPTER 38
23 DRIVING WHILE IMPAIRED
24 SEC.
25 3801. DEFINITIONS.
26 3802. DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED
27 SUBSTANCE.
28 3803. GRADING.
29 3804. PENALTIES.
30 3805. IGNITION INTERLOCK.
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1 3806. PRIOR OFFENSES.
2 3807. ACCELERATED REHABILITATIVE DISPOSITION.
3 3808. ILLEGALLY OPERATING A MOTOR VEHICLE NOT EQUIPPED WITH
4 IGNITION INTERLOCK.
5 3809. RESTRICTION ON ALCOHOLIC BEVERAGES.
6 3810. AUTHORIZED USE NOT A DEFENSE.
7 3811. CERTAIN ARRESTS AUTHORIZED.
8 3812. PRELIMINARY HEARING OR ARRAIGNMENT.
9 3813. WORK RELEASE.
10 3814. DRUG AND ALCOHOL ASSESSMENTS.
11 3815. MANDATORY SENTENCING.
12 3816. REQUIREMENTS FOR DRIVING UNDER INFLUENCE OFFENDERS.
13 3817. REPORTING REQUIREMENTS FOR OFFENSES.
14 § 3801. DEFINITIONS.
15 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
16 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
17 CONTEXT CLEARLY INDICATES OTHERWISE:
18 "ADULT." AN INDIVIDUAL WHO IS AT LEAST 21 YEARS OF AGE.
19 "IGNITION INTERLOCK SYSTEM." A SYSTEM APPROVED BY THE
20 DEPARTMENT WHICH PREVENTS A VEHICLE FROM BEING STARTED OR
21 OPERATED UNLESS THE OPERATOR FIRST PROVIDES A BREATH SAMPLE
22 INDICATING THAT THE OPERATOR HAS AN ALCOHOL LEVEL LESS THAN
23 .025%.
24 "MINOR." AN INDIVIDUAL WHO IS UNDER 21 YEARS OF AGE.
25 § 3802. DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED
26 SUBSTANCE.
27 (A) GENERAL IMPAIRMENT.--
28 (1) AN INDIVIDUAL MAY NOT DRIVE, OPERATE OR BE IN ACTUAL
29 PHYSICAL CONTROL OF THE MOVEMENT OF A VEHICLE AFTER IMBIBING
30 A SUFFICIENT AMOUNT OF ALCOHOL SUCH THAT THE INDIVIDUAL WAS
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1 INCAPABLE OF SAFELY DRIVING, OPERATING OR BEING IN ACTUAL
2 PHYSICAL CONTROL OF THE MOVEMENT OF THE VEHICLE.
3 (2) AN INDIVIDUAL MAY NOT DRIVE, OPERATE OR BE IN ACTUAL
4 PHYSICAL CONTROL OF THE MOVEMENT OF A VEHICLE AFTER IMBIBING
5 A SUFFICIENT AMOUNT OF ALCOHOL SUCH THAT THE ALCOHOL
6 CONCENTRATION IN THE INDIVIDUAL'S BLOOD OR BREATH IS AT LEAST
7 .08% BUT LESS THAN .10% WITHIN THREE HOURS AFTER THE
8 INDIVIDUAL HAS DRIVEN, OPERATED OR BEEN IN ACTUAL PHYSICAL
9 CONTROL OF THE MOVEMENT OF THE VEHICLE.
10 (B) HIGH RATE OF ALCOHOL.--AN INDIVIDUAL MAY NOT DRIVE,
11 OPERATE OR BE IN ACTUAL PHYSICAL CONTROL OF THE MOVEMENT OF A
12 VEHICLE AFTER IMBIBING A SUFFICIENT AMOUNT OF ALCOHOL SUCH THAT
13 THE ALCOHOL CONCENTRATION IN THE INDIVIDUAL'S BLOOD OR BREATH IS
14 AT LEAST .10% BUT LESS THAN .16% WITHIN THREE HOURS AFTER THE
15 INDIVIDUAL HAS DRIVEN, OPERATED OR BEEN IN ACTUAL PHYSICAL
16 CONTROL OF THE MOVEMENT OF THE VEHICLE.
17 (C) HIGHEST RATE OF ALCOHOL.--AN INDIVIDUAL MAY NOT DRIVE,
18 OPERATE OR BE IN ACTUAL PHYSICAL CONTROL OF THE MOVEMENT OF A
19 VEHICLE AFTER IMBIBING A SUFFICIENT AMOUNT OF ALCOHOL SUCH THAT
20 THE ALCOHOL CONCENTRATION IN THE INDIVIDUAL'S BLOOD OR BREATH IS
21 .16% OR HIGHER WITHIN THREE HOURS AFTER THE INDIVIDUAL HAS
22 DRIVEN, OPERATED OR BEEN IN ACTUAL PHYSICAL CONTROL OF THE
23 MOVEMENT OF THE VEHICLE.
24 (D) CONTROLLED SUBSTANCES.--AN INDIVIDUAL MAY NOT DRIVE,
25 OPERATE OR BE IN ACTUAL PHYSICAL CONTROL OF THE MOVEMENT OF A
26 VEHICLE UNDER ANY OF THE FOLLOWING CIRCUMSTANCES:
27 (1) THERE IS IN THE INDIVIDUAL'S BLOOD ANY AMOUNT OF A:
28 (I) SCHEDULE I CONTROLLED SUBSTANCE, AS DEFINED IN
29 THE ACT OF APRIL 14, 1972 (P.L.233, NO.64), KNOWN AS THE
30 CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT;
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1 (II) SCHEDULE II OR SCHEDULE III CONTROLLED
2 SUBSTANCE, AS DEFINED IN THE CONTROLLED SUBSTANCE, DRUG,
3 DEVICE AND COSMETIC ACT, WHICH HAS NOT BEEN MEDICALLY
4 PRESCRIBED FOR THE INDIVIDUAL; OR
5 (III) METABOLITE OF A SUBSTANCE UNDER SUBPARAGRAPH
6 (I) OR (II).
7 (2) THE INDIVIDUAL IS UNDER THE INFLUENCE OF A DRUG OR
8 COMBINATION OF DRUGS TO A DEGREE WHICH IMPAIRS THE
9 INDIVIDUAL'S ABILITY TO SAFELY DRIVE, OPERATE OR BE IN ACTUAL
10 PHYSICAL CONTROL OF THE MOVEMENT OF THE VEHICLE.
11 (3) THE INDIVIDUAL IS UNDER THE COMBINED INFLUENCE OF
12 ALCOHOL AND A DRUG OR COMBINATION OF DRUGS TO A DEGREE WHICH
13 IMPAIRS THE INDIVIDUAL'S ABILITY TO SAFELY DRIVE, OPERATE OR
14 BE IN ACTUAL PHYSICAL CONTROL OF THE MOVEMENT OF THE VEHICLE.
15 (4) THE INDIVIDUAL IS UNDER THE INFLUENCE OF A SOLVENT
16 OR NOXIOUS SUBSTANCE IN VIOLATION OF 18 PA.C.S. § 7303
17 (RELATING TO SALE OR ILLEGAL USE OF CERTAIN SOLVENTS AND
18 NOXIOUS SUBSTANCES).
19 (E) MINORS.--A MINOR MAY NOT DRIVE, OPERATE OR BE IN ACTUAL
20 PHYSICAL CONTROL OF THE MOVEMENT OF A VEHICLE AFTER IMBIBING A
21 SUFFICIENT AMOUNT OF ALCOHOL SUCH THAT THE ALCOHOL CONCENTRATION
22 IN THE MINOR'S BLOOD OR BREATH IS .02% OR HIGHER WITHIN THREE
23 HOURS AFTER THE MINOR HAS DRIVEN, OPERATED OR BEEN IN ACTUAL
24 PHYSICAL CONTROL OF THE MOVEMENT OF THE VEHICLE.
25 (F) COMMERCIAL SCHOOL VEHICLES.--AN INDIVIDUAL MAY NOT
26 DRIVE, OPERATE OR BE IN ACTUAL PHYSICAL CONTROL OF THE MOVEMENT
27 OF A COMMERCIAL VEHICLE OR SCHOOL VEHICLE IN ANY OF THE
28 FOLLOWING CIRCUMSTANCES:
29 (1) AFTER THE INDIVIDUAL HAS IMBIBED A SUFFICIENT AMOUNT
30 OF ALCOHOL SUCH THAT THE ALCOHOL CONCENTRATION IN THE
20030H0004B2365 - 108 -
1 INDIVIDUAL'S BLOOD OR BREATH IS:
2 (I) .04% OR GREATER WITHIN THREE HOURS AFTER THE
3 INDIVIDUAL HAS DRIVEN, OPERATED OR BEEN IN ACTUAL
4 PHYSICAL CONTROL OF THE MOVEMENT OF A COMMERCIAL VEHICLE
5 OTHER THAN A SCHOOL BUS OR A SCHOOL VEHICLE.
6 (II) .02% OR GREATER WITHIN THREE HOURS AFTER THE
7 INDIVIDUAL HAS DRIVEN, OPERATED OR BEEN IN ACTUAL
8 PHYSICAL CONTROL OF THE MOVEMENT OF A SCHOOL BUS OR A
9 SCHOOL VEHICLE.
10 (2) AFTER THE INDIVIDUAL HAS IMBIBED A SUFFICIENT AMOUNT
11 OF ALCOHOL SUCH THAT THE INDIVIDUAL WAS INCAPABLE OF SAFELY
12 DRIVING, OPERATING OR BEING IN ACTUAL PHYSICAL CONTROL OF THE
13 MOVEMENT OF A COMMERCIAL VEHICLE.
14 (3) WHILE THE INDIVIDUAL IS UNDER THE INFLUENCE OF A
15 CONTROLLED SUBSTANCE OR COMBINATION OF CONTROLLED SUBSTANCES,
16 AS DEFINED IN SECTION 1603 (RELATING TO DEFINITIONS).
17 (4) WHILE THE INDIVIDUAL IS UNDER THE COMBINED INFLUENCE
18 OF ALCOHOL AND A CONTROLLED SUBSTANCE OR COMBINATION OF
19 CONTROLLED SUBSTANCES, AS DEFINED IN SECTION 1603.
20 (G) EXCEPTION TO THREE-HOUR RULE.--NOTWITHSTANDING THE
21 PROVISIONS OF SUBSECTION (A), (B), (C), (E) OR (F), WHERE
22 ALCOHOL CONCENTRATION IN AN INDIVIDUAL'S BLOOD OR BREATH IS AN
23 ELEMENT OF THE OFFENSE, EVIDENCE OF SUCH ALCOHOL CONCENTRATION
24 MORE THAN THREE HOURS AFTER THE INDIVIDUAL HAS DRIVEN, OPERATED
25 OR BEEN IN ACTUAL PHYSICAL CONTROL OF THE MOVEMENT OF THE
26 VEHICLE IS SUFFICIENT TO ESTABLISH THAT ELEMENT OF THE OFFENSE
27 UNDER THE FOLLOWING CIRCUMSTANCES:
28 (1) WHERE THE COMMONWEALTH SHOWS GOOD CAUSE EXPLAINING
29 WHY THE CHEMICAL TEST COULD NOT BE PERFORMED WITHIN THREE
30 HOURS; AND
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1 (2) WHERE THE COMMONWEALTH ESTABLISHES THAT THE
2 INDIVIDUAL DID NOT IMBIBE ANY ALCOHOL BETWEEN THE TIME THE
3 INDIVIDUAL WAS ARRESTED AND THE TIME THE TEST WAS PERFORMED.
4 § 3803. GRADING.
5 (A) BASIC OFFENSES.--
6 (1) AN INDIVIDUAL WHO VIOLATES SECTION 3802(A) (RELATING
7 TO DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED
8 SUBSTANCE) AND HAS NO MORE THAN ONE PRIOR OFFENSE COMMITS A
9 MISDEMEANOR FOR WHICH THE INDIVIDUAL MAY BE SENTENCED TO A
10 TERM OF IMPRISONMENT OF NOT MORE THAN SIX MONTHS AND TO PAY A
11 FINE UNDER SECTION 3804 (RELATING TO PENALTIES).
12 (2) AN INDIVIDUAL WHO VIOLATES SECTION 3802(A) AND HAS
13 MORE THAN ONE PRIOR OFFENSE COMMITS A MISDEMEANOR OF THE
14 SECOND DEGREE.
15 (B) OTHER OFFENSES.--
16 (1) AN INDIVIDUAL WHO VIOLATES SECTION 3802(B), (E) OR
17 (F) AND WHO HAS NO MORE THAN ONE PRIOR OFFENSE COMMITS A
18 MISDEMEANOR FOR WHICH THE INDIVIDUAL MAY BE SENTENCED TO A
19 TERM OF IMPRISONMENT OF NOT MORE THAN SIX MONTHS AND TO PAY A
20 FINE UNDER SECTION 3804.
21 (2) AN INDIVIDUAL WHO VIOLATES SECTION 3802(C) OR (D)
22 AND WHO HAS NO PRIOR OFFENSES COMMITS A MISDEMEANOR FOR WHICH
23 THE INDIVIDUAL MAY BE SENTENCED TO A TERM OF IMPRISONMENT OF
24 NOT MORE THAN SIX MONTHS AND TO PAY A FINE UNDER SECTION
25 3804.
26 (3) AN INDIVIDUAL WHO VIOLATES SECTION 3802(B), (E) OR
27 (F) AND WHO HAS MORE THAN ONE PRIOR OFFENSE COMMITS A
28 MISDEMEANOR OF THE FIRST DEGREE.
29 (4) AN INDIVIDUAL WHO VIOLATES SECTION 3802(C) OR (D)
30 AND WHO HAS ONE OR MORE PRIOR OFFENSES COMMITS A MISDEMEANOR
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1 OF THE FIRST DEGREE.
2 § 3804. PENALTIES.
3 (A) GENERAL IMPAIRMENT.--AN INDIVIDUAL WHO VIOLATES SECTION
4 3802(A) (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR
5 CONTROLLED SUBSTANCE) SHALL BE SENTENCED AS FOLLOWS:
6 (1) FOR A FIRST OFFENSE, TO:
7 (I) UNDERGO A PERIOD OF PROBATION NOT TO EXCEED SIX
8 MONTHS;
9 (II) PAY A FINE OF $300;
10 (III) ATTEND AN ALCOHOL HIGHWAY SAFETY SCHOOL
11 APPROVED BY THE DEPARTMENT; AND
12 (IV) COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT
13 REQUIREMENTS IMPOSED UNDER SECTION 3814 (RELATING TO DRUG
14 AND ALCOHOL ASSESSMENTS) AND SECTION 3815 (RELATING TO
15 MANDATORY SENTENCING).
16 (2) FOR A SECOND OFFENSE, TO:
17 (I) UNDERGO IMPRISONMENT FOR NOT LESS THAN FIVE DAYS
18 NOR MORE THAN SIX MONTHS;
19 (II) PAY A FINE OF NOT LESS THAN $300 NOR MORE THAN
20 $2,500;
21 (III) ATTEND AN ALCOHOL HIGHWAY SAFETY SCHOOL
22 APPROVED BY THE DEPARTMENT; AND
23 (IV) COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT
24 REQUIREMENTS IMPOSED UNDER SECTIONS 3814 AND 3815.
25 (3) FOR A THIRD OR SUBSEQUENT OFFENSE, TO:
26 (I) UNDERGO IMPRISONMENT OF NOT LESS THAN TEN DAYS
27 NOR MORE THAN TWO YEARS;
28 (II) PAY A FINE OF NOT LESS THAN $500 NOR MORE THAN
29 $5,000; AND
30 (III) COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT
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1 REQUIREMENTS IMPOSED UNDER SECTIONS 3814 AND 3815.
2 (B) HIGH RATE OF BLOOD ALCOHOL; MINORS; COMMERCIAL VEHICLES
3 AND SCHOOL BUSES AND SCHOOL VEHICLES; ACCIDENTS.--EXCEPT AS SET
4 FORTH IN SUBSECTION (C), AN INDIVIDUAL WHO VIOLATES SECTION
5 3802(A)(1) WHERE THERE WAS AN ACCIDENT RESULTING IN BODILY
6 INJURY, SERIOUS BODILY INJURY OR DEATH OF ANY PERSON OR IN
7 DAMAGE TO A VEHICLE OR OTHER PROPERTY OR WHO VIOLATES SECTION
8 3802(B), (E) OR (F) SHALL BE SENTENCED AS FOLLOWS:
9 (1) FOR A FIRST OFFENSE, TO:
10 (I) UNDERGO IMPRISONMENT OF NOT LESS THAN 72
11 CONSECUTIVE HOURS NOR MORE THAN SIX MONTHS;
12 (II) PAY A FINE OF NOT LESS THAN $500 NOR MORE THAN
13 $5,000;
14 (III) ATTEND AN ALCOHOL HIGHWAY SAFETY SCHOOL
15 APPROVED BY THE DEPARTMENT; AND
16 (IV) COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT
17 REQUIREMENTS IMPOSED UNDER SECTIONS 3814 AND 3815.
18 (2) FOR A SECOND OFFENSE, TO:
19 (I) UNDERGO IMPRISONMENT OF NOT LESS THAN 30 DAYS
20 NOR MORE THAN SIX MONTHS;
21 (II) PAY A FINE OF NOT LESS THAN $750 NOR MORE THAN
22 $5,000;
23 (III) ATTEND AN ALCOHOL HIGHWAY SAFETY SCHOOL
24 APPROVED BY THE DEPARTMENT; AND
25 (IV) COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT
26 REQUIREMENTS IMPOSED UNDER SECTIONS 3814 AND 3815.
27 (3) FOR A THIRD OFFENSE, TO:
28 (I) UNDERGO IMPRISONMENT OF NOT LESS THAN 120 DAYS
29 NOR MORE THAN FIVE YEARS;
30 (II) PAY A FINE OF NOT LESS THAN $1,500 NOR MORE
20030H0004B2365 - 112 -
1 THAN $10,000; AND
2 (III) COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT
3 REQUIREMENTS IMPOSED UNDER SECTIONS 3814 AND 3815.
4 (4) FOR A FOURTH OR SUBSEQUENT OFFENSE, TO:
5 (I) UNDERGO IMPRISONMENT OF NOT LESS THAN ONE YEAR
6 NOR MORE THAN FIVE YEARS;
7 (II) PAY A FINE OF NOT LESS THAN $1,500 NOR MORE
8 THAN $10,000; AND
9 (III) COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT
10 REQUIREMENTS IMPOSED UNDER SECTIONS 3814 AND 3815.
11 (C) INCAPACITY; HIGHEST BLOOD ALCOHOL; CONTROLLED
12 SUBSTANCES.--AN INDIVIDUAL WHO VIOLATES SECTION 3802(A)(1) AFTER
13 HAVING REFUSED TESTING OF BLOOD OR BREATH OR WHO VIOLATES
14 SECTION 3802(C) OR (D) SHALL BE SENTENCED AS FOLLOWS:
15 (1) FOR A FIRST OFFENSE, TO:
16 (I) UNDERGO IMPRISONMENT OF NOT LESS THAN FIVE
17 CONSECUTIVE DAYS NOR MORE THAN SIX MONTHS;
18 (II) PAY A FINE OF NOT LESS THAN $1,000 NOR MORE
19 THAN $5,000;
20 (III) ATTEND AN ALCOHOL HIGHWAY SAFETY SCHOOL
21 APPROVED BY THE DEPARTMENT; AND
22 (IV) COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT
23 REQUIREMENTS IMPOSED UNDER SECTIONS 3814 AND 3815.
24 (2) FOR A SECOND OFFENSE, TO:
25 (I) UNDERGO IMPRISONMENT OF NOT LESS THAN 90 DAYS
26 NOR MORE THAN FIVE YEARS;
27 (II) PAY A FINE OF NOT LESS THAN $1,500;
28 (III) ATTEND AN ALCOHOL HIGHWAY SAFETY SCHOOL
29 APPROVED BY THE DEPARTMENT; AND
30 (IV) COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT
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1 REQUIREMENTS IMPOSED UNDER SECTIONS 3814 AND 3815.
2 (3) FOR A THIRD OR SUBSEQUENT OFFENSE, TO:
3 (I) UNDERGO IMPRISONMENT OF NOT LESS THAN ONE YEAR
4 NOR MORE THAN FIVE YEARS;
5 (II) PAY A FINE OF NOT LESS THAN $2,500; AND
6 (III) COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT
7 REQUIREMENTS IMPOSED UNDER SECTIONS 3814 AND 3815.
8 (D) EXTENDED SUPERVISION OF COURT.--WHERE A PERSON IS
9 SENTENCED PURSUANT TO THIS CHAPTER AND FOLLOWING THE INITIAL
10 ASSESSMENT REQUIRED BY SECTION 3814(1), THE PERSON IS DETERMINED
11 TO BE IN NEED OF ADDITIONAL TREATMENT PURSUANT TO SECTION
12 3814(2), THE JUDGE SHALL IMPOSE A MINIMUM SENTENCE AS PROVIDED
13 BY LAW AND A MAXIMUM SENTENCE EQUAL TO THE STATUTORILY AVAILABLE
14 MAXIMUM.
15 (E) SUSPENSION OF OPERATING PRIVILEGES UPON CONVICTION.--
16 (1) THE DEPARTMENT SHALL SUSPEND THE OPERATING PRIVILEGE
17 OF AN INDIVIDUAL UNDER PARAGRAPH (2) UPON RECEIVING A
18 CERTIFIED RECORD OF THE INDIVIDUAL'S CONVICTION OF OR AN
19 ADJUDICATION OF DELINQUENCY FOR:
20 (I) AN OFFENSE UNDER SECTION 3802; OR
21 (II) A SUBSTANTIALLY SIMILAR OFFENSE REPORTED TO THE
22 DEPARTMENT UNDER ARTICLE III OF THE COMPACT IN SECTION
23 1581 (RELATING TO DRIVER'S LICENSE COMPACT).
24 (2) SUSPENSION UNDER PARAGRAPH (1)(I) SHALL BE IN
25 ACCORDANCE WITH THE FOLLOWING:
26 (I) EXCEPT AS PROVIDED FOR IN SUBPARAGRAPH (III), 12
27 MONTHS FOR AN UNGRADED MISDEMEANOR OR MISDEMEANOR OF THE
28 SECOND DEGREE UNDER THIS CHAPTER.
29 (II) 24 MONTHS FOR A MISDEMEANOR OF THE FIRST DEGREE
30 UNDER THIS CHAPTER.
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1 (III) THERE SHALL BE NO SUSPENSION FOR AN UNGRADED
2 MISDEMEANOR UNDER SECTION 3802(A) WHERE THE PERSON IS
3 SUBJECT TO THE PENALTIES PROVIDED IN SUBSECTION (A) AND
4 THE PERSON HAS NO PRIOR OFFENSE.
5 (3) NOTWITHSTANDING ANY PROVISION OF LAW OR ENFORCEMENT
6 AGREEMENT TO THE CONTRARY, SUSPENSION IMPOSED UNDER PARAGRAPH
7 (1)(II) SHALL BE IN ACCORDANCE WITH CHAPTER 15, SUBCHAPTER D
8 (RELATING TO THE DRIVER'S LICENSE COMPACT). IN CALCULATING
9 THE TERM OF A SUSPENSION FOR AN OFFENSE THAT IS SUBSTANTIALLY
10 SIMILAR TO AN OFFENSE ENUMERATED IN SECTION 3802, THE
11 DEPARTMENT SHALL PRESUME THAT IF THE CONDUCT REPORTED HAD
12 OCCURRED IN THIS COMMONWEALTH THEN THE PERSON WOULD HAVE BEEN
13 CONVICTED UNDER SECTION 3802(A)(2). THE DEPARTMENT SHALL
14 SUSPEND THE OPERATING PRIVILEGE OF A DRIVER FOR SIX MONTHS
15 UPON RECEIVING A CERTIFIED RECORD OF A CONSENT DECREE GRANTED
16 UNDER 42 PA.C.S. CH. 63 (RELATING TO JUVENILE MATTERS) BASED
17 ON SECTION 3802.
18 (F) COMMUNITY SERVICE ASSIGNMENTS.--IN ADDITION TO THE
19 PENALTIES SET FORTH IN THIS SECTION, THE SENTENCING JUDGE MAY
20 IMPOSE UP TO 150 HOURS OF COMMUNITY SERVICE. WHERE THE
21 INDIVIDUAL HAS BEEN ORDERED TO DRUG AND ALCOHOL TREATMENT
22 PURSUANT TO SECTIONS 3814 AND 3815, THE COMMUNITY SERVICE SHALL
23 BE CERTIFIED BY THE DRUG AND ALCOHOL TREATMENT PROGRAM AS
24 CONSISTENT WITH ANY DRUG AND ALCOHOL TREATMENT REQUIREMENTS
25 IMPOSED UNDER SECTIONS 3814 AND 3815.
26 (G) COURT-ORDERED IGNITION INTERLOCK.--IF THE PERSON HAS A
27 PRIOR OFFENSE AS DEFINED IN SECTION 3806(A), THE COURT SHALL
28 ORDER THE DEPARTMENT TO REQUIRE AN IGNITION INTERLOCK SYSTEM
29 UNDER SECTION 3805 (RELATING TO IGNITION INTERLOCK).
30 (H) SENTENCING GUIDELINES.--THE SENTENCING GUIDELINES
20030H0004B2365 - 115 -
1 PROMULGATED BY THE PENNSYLVANIA COMMISSION ON SENTENCING SHALL
2 NOT SUPERSEDE THE MANDATORY PENALTIES OF THIS SECTION.
3 (I) APPEAL.--THE COMMONWEALTH HAS THE RIGHT TO APPEAL
4 DIRECTLY TO THE SUPERIOR COURT ANY ORDER OF COURT WHICH IMPOSES
5 A SENTENCE FOR VIOLATION OF THIS SECTION WHICH DOES NOT MEET THE
6 REQUIREMENTS OF THIS SECTION. THE SUPERIOR COURT SHALL REMAND
7 THE CASE TO THE SENTENCING COURT FOR IMPOSITION OF A SENTENCE IN
8 ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.
9 (J) FIRST CLASS CITIES.--NOTWITHSTANDING THE PROVISION FOR
10 DIRECT APPEAL TO THE SUPERIOR COURT, IF, IN A CITY OF THE FIRST
11 CLASS, A PERSON APPEALS FROM A JUDGMENT OF SENTENCE UNDER THIS
12 SECTION FROM THE MUNICIPAL COURT TO THE COMMON PLEAS COURT FOR A
13 TRIAL DE NOVO, THE COMMONWEALTH SHALL HAVE THE RIGHT TO APPEAL
14 DIRECTLY TO THE SUPERIOR COURT FROM THE ORDER OF THE COMMON
15 PLEAS COURT IF THE SENTENCE IMPOSED IS IN VIOLATION OF THIS
16 SECTION. IF, IN A CITY OF THE FIRST CLASS, A PERSON APPEALS TO
17 THE COURT OF COMMON PLEAS AFTER CONVICTION OF A VIOLATION OF
18 THIS SECTION IN THE MUNICIPAL COURT AND THEREAFTER WITHDRAWS HIS
19 APPEAL TO THE COMMON PLEAS COURT, THEREBY REINSTATING THE
20 JUDGMENT OF SENTENCE OF THE MUNICIPAL COURT, THE COMMONWEALTH
21 SHALL HAVE 30 DAYS FROM THE DATE OF THE WITHDRAWAL TO APPEAL TO
22 THE SUPERIOR COURT IF THE SENTENCE IS IN VIOLATION OF THIS
23 SECTION.
24 (K) ADDITIONAL CONDITIONS.--IN ADDITION TO ANY OTHER PENALTY
25 IMPOSED UNDER LAW, THE COURT MAY SENTENCE A PERSON WHO VIOLATES
26 SECTION 3802 TO ANY OTHER REQUIREMENT OR CONDITION CONSISTENT
27 WITH THE TREATMENT NEEDS OF THE PERSON, THE RESTORATION OF THE
28 VICTIM TO PRE-OFFENSE STATUS OR THE PROTECTION OF THE PUBLIC.
29 § 3805. IGNITION INTERLOCK.
30 (A) GENERAL RULE.--NOTWITHSTANDING SECTION 3804(G) (RELATING
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1 TO PENALTIES), IF A PERSON VIOLATES SECTION 3802 (RELATING TO
2 DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE) AND
3 HAS A PRIOR OFFENSE AS DEFINED IN SECTION 3806(A) (RELATING TO
4 PRIOR OFFENSES) AND THE PERSON SEEKS A RESTORATION OF OPERATING
5 PRIVILEGES, THE DEPARTMENT SHALL REQUIRE AS A CONDITION OF
6 ISSUING A RESTRICTED LICENSE PURSUANT TO THIS SECTION THAT ANY
7 OF THE FOLLOWING OCCUR:
8 (1) EACH MOTOR VEHICLE OWNED BY THE PERSON OR REGISTERED
9 TO THE PERSON HAS BEEN EQUIPPED WITH AN APPROVED IGNITION
10 INTERLOCK SYSTEM AND REMAINS SO FOR THE DURATION OF THE
11 RESTRICTED LICENSE PERIOD.
12 (2) IF THERE ARE NO VEHICLES OWNED BY THE PERSON OR
13 REGISTERED TO THE PERSON THAT THE PERSON SO CERTIFY TO THE
14 DEPARTMENT. A PERSON SO CERTIFYING SHALL BE DEEMED TO HAVE
15 SATISFIED THE REQUIREMENT THAT ALL VEHICLES OWNED BY THE
16 PERSON OR REGISTERED TO THE PERSON BE EQUIPPED WITH AN
17 IGNITION INTERLOCK SYSTEM AS REQUIRED BY THIS SUBSECTION.
18 (B) APPLICATION FOR A RESTRICTED LICENSE.--A PERSON SUBJECT
19 TO THIS SECTION SHALL APPLY TO THE DEPARTMENT FOR AN IGNITION
20 INTERLOCK RESTRICTED LICENSE UNDER SECTION 1951 (RELATING TO
21 DRIVER'S LICENSE AND LEARNER'S PERMIT), WHICH SHALL BE CLEARLY
22 MARKED TO RESTRICT THE PERSON TO OPERATING ONLY MOTOR VEHICLES
23 EQUIPPED WITH AN APPROVED IGNITION INTERLOCK SYSTEM. UPON
24 ISSUANCE OF AN IGNITION INTERLOCK RESTRICTED LICENSE TO ANY
25 PERSON, THE DEPARTMENT SHALL NOTIFY THE PERSON THAT UNTIL THE
26 PERSON OBTAINS AN UNRESTRICTED LICENSE THE PERSON MAY NOT OWN,
27 REGISTER OR OPERATE ANY VEHICLE WHICH IS NOT EQUIPPED WITH AN
28 APPROVED IGNITION INTERLOCK SYSTEM.
29 (C) ISSUANCE OF UNRESTRICTED LICENSE.--ONE YEAR FROM THE
30 DATE OF ISSUANCE OF AN IGNITION INTERLOCK RESTRICTED LICENSE
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1 UNDER THIS SECTION, IF OTHERWISE ELIGIBLE, A PERSON MAY APPLY
2 FOR A REPLACEMENT LICENSE UNDER SECTION 1951(D) THAT DOES NOT
3 CONTAIN THE IGNITION INTERLOCK SYSTEM RESTRICTION.
4 (D) PROHIBITION.--UNTIL THE PERSON OBTAINS AN UNRESTRICTED
5 LICENSE, THE PERSON MAY NOT OWN, REGISTER OR OPERATE ANY MOTOR
6 VEHICLE ON A HIGHWAY WITHIN THIS COMMONWEALTH UNLESS THE MOTOR
7 VEHICLE IS EQUIPPED WITH AN APPROVED IGNITION INTERLOCK SYSTEM.
8 (E) ECONOMIC HARDSHIP EXEMPTION.--A PERSON SUBJECT TO THE
9 REQUIREMENTS OF SUBSECTION (A) MAY APPLY TO THE DEPARTMENT FOR A
10 HARDSHIP EXEMPTION TO THE REQUIREMENT THAT AN IGNITION INTERLOCK
11 SYSTEM MUST BE INSTALLED IN EACH OF THE PERSON'S MOTOR VEHICLES.
12 WHERE THE DEPARTMENT DETERMINES THAT THE APPLICANT ESTABLISHES
13 THAT SUCH A REQUIREMENT WOULD RESULT IN UNDUE FINANCIAL
14 HARDSHIP, THE DEPARTMENT MAY PERMIT THE APPLICANT TO INSTALL AN
15 IGNITION INTERLOCK SYSTEM ON ONLY ONE OF THE APPLICANT'S
16 VEHICLES. HOWEVER, THE APPLICANT IN ACCORDANCE WITH SECTION 3808
17 (RELATING TO ILLEGALLY OPERATING A MOTOR VEHICLE NOT EQUIPPED
18 WITH IGNITION INTERLOCK) SHALL BE PROHIBITED FROM DRIVING ANY
19 VEHICLE, INCLUDING ANY OF THE APPLICANT'S VEHICLES, WITHOUT AN
20 IGNITION INTERLOCK SYSTEM.
21 (F) EMPLOYMENT EXEMPTION.--IF A PERSON WITH A RESTRICTED
22 LICENSE IS REQUIRED IN THE COURSE AND SCOPE OF EMPLOYMENT TO
23 OPERATE A MOTOR VEHICLE OWNED BY THE PERSON'S EMPLOYER, THE
24 FOLLOWING APPLY:
25 (1) EXCEPT AS SET FORTH IN PARAGRAPH (2), THE PERSON MAY
26 OPERATE THAT MOTOR VEHICLE IN THE COURSE AND SCOPE OF
27 EMPLOYMENT WITHOUT INSTALLATION OF AN IGNITION INTERLOCK
28 SYSTEM IF:
29 (I) THE EMPLOYER HAS BEEN NOTIFIED THAT THE EMPLOYEE
30 IS RESTRICTED; AND
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1 (II) THE EMPLOYEE HAS PROOF OF THE NOTIFICATION IN
2 THE EMPLOYEE'S POSSESSION WHILE OPERATING THE EMPLOYER'S
3 MOTOR VEHICLE.
4 (2) PARAGRAPH (1) DOES NOT APPLY IN ANY OF THE FOLLOWING
5 CIRCUMSTANCES:
6 (I) TO THE EXTENT THAT AN EMPLOYER-OWNED MOTOR
7 VEHICLE IS MADE AVAILABLE TO THE EMPLOYEE FOR PERSONAL
8 USE.
9 (II) IF THE EMPLOYER-OWNED MOTOR VEHICLE IS OWNED BY
10 AN ENTITY WHICH IS WHOLLY OR PARTIALLY OWNED BY THE
11 PERSON SUBJECT TO THIS SECTION.
12 § 3806. PRIOR OFFENSES.
13 (A) GENERAL RULE.--EXCEPT AS SET FORTH IN SUBSECTION (B),
14 THE TERM "PRIOR OFFENSE" AS USED IN THIS CHAPTER SHALL MEAN A
15 CONVICTION, ADJUDICATION OF DELINQUENCY, JUVENILE CONSENT
16 DECREE, ACCEPTANCE OF ACCELERATED REHABILITATIVE DISPOSITION OR
17 OTHER FORM OF PRELIMINARY DISPOSITION BEFORE THE SENTENCING ON
18 THE PRESENT VIOLATION FOR ANY OF THE FOLLOWING:
19 (1) AN OFFENSE UNDER FORMER SECTION 3731 (RELATING TO
20 DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE);
21 (2) AN OFFENSE UNDER SECTION 3802 (RELATING TO DRIVING
22 UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE);
23 (3) AN OFFENSE SUBSTANTIALLY SIMILAR TO AN OFFENSE UNDER
24 PARAGRAPHS (1) OR (2) IN ANOTHER JURISDICTION; OR
25 (4) ANY COMBINATION OF THE OFFENSES SET FORTH IN
26 PARAGRAPHS (1), (2) OR (3).
27 (B) EXCEPTIONS.--FOR PURPOSES OF SECTION 3804 (RELATING TO
28 PENALTIES), THE CALCULATION OF PRIOR AND SUBSEQUENT OFFENSES
29 SHALL INCLUDE ANY CONVICTION, ADJUDICATION OF DELINQUENCY,
30 JUVENILE CONSENT DECREE, ACCEPTANCE OF ACCELERATED
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1 REHABILITATIVE DISPOSITION OR OTHER FORM OF PRELIMINARY
2 DISPOSITION WITHIN THE TEN YEARS BEFORE THE PRESENT VIOLATION
3 OCCURRED FOR ANY OF THE FOLLOWING:
4 (1) AN OFFENSE UNDER FORMER SECTION 3731;
5 (2) AN OFFENSE UNDER SECTION 3802;
6 (3) AN OFFENSE SUBSTANTIALLY SIMILAR TO AN OFFENSE UNDER
7 PARAGRAPH (1) OR (2) IN ANOTHER JURISDICTION; OR
8 (4) ANY COMBINATION OF THE OFFENSES SET FORTH IN
9 PARAGRAPH (1), (2) OR (3).
10 § 3807. ACCELERATED REHABILITATIVE DISPOSITION.
11 (A) ELIGIBILITY.--
12 (1) EXCEPT AS SET FORTH IN PARAGRAPH (2), A DEFENDANT
13 CHARGED WITH A VIOLATION OF SECTION 3802 (RELATING TO DRIVING
14 UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE) MAY BE
15 CONSIDERED BY THE ATTORNEY FOR THE COMMONWEALTH FOR
16 PARTICIPATION IN AN ACCELERATED REHABILITATIVE DISPOSITION
17 PROGRAM IN A COUNTY IF THE PROGRAM INCLUDES THE MINIMUM
18 REQUIREMENTS CONTAINED IN THIS SECTION.
19 (2) THE ATTORNEY FOR THE COMMONWEALTH SHALL NOT SUBMIT A
20 CHARGE BROUGHT UNDER THIS CHAPTER FOR ACCELERATED
21 REHABILITATIVE DISPOSITION IF ANY OF THE FOLLOWING APPLY:
22 (I) THE DEFENDANT HAS BEEN FOUND GUILTY OF OR
23 ACCEPTED ACCELERATED REHABILITATIVE DISPOSITION OF A
24 CHARGE BROUGHT UNDER SECTION 3802 WITHIN TEN YEARS OF THE
25 DATE OF THE CURRENT OFFENSE UNLESS THE CHARGE WAS FOR AN
26 UNGRADED MISDEMEANOR UNDER SECTION 3802(A)(2) AND WAS THE
27 DEFENDANT'S FIRST OFFENSE UNDER SECTION 3802.
28 (II) AN ACCIDENT OCCURRED IN CONNECTION WITH THE
29 EVENTS SURROUNDING THE CURRENT OFFENSE AND AN INDIVIDUAL
30 OTHER THAN THE DEFENDANT WAS KILLED OR SUFFERED SERIOUS
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1 BODILY INJURY AS A RESULT OF THE ACCIDENT.
2 (III) THERE WAS A PASSENGER UNDER 14 YEARS OF AGE IN
3 THE VEHICLE THE DEFENDANT WAS OPERATING.
4 (B) EVALUATION AND TREATMENT.--
5 (1) A DEFENDANT OFFERED ACCELERATED REHABILITATIVE
6 DISPOSITION FOR A VIOLATION OF SECTION 3802 IS, AS A
7 CONDITION OF PARTICIPATION IN THE PROGRAM, SUBJECT TO THE
8 FOLLOWING REQUIREMENTS IN ADDITION TO ANY OTHER CONDITIONS OF
9 PARTICIPATION IMPOSED BY THE COURT:
10 (I) THE DEFENDANT MUST ATTEND AND SUCCESSFULLY
11 COMPLETE AN ALCOHOL HIGHWAY SAFETY SCHOOL ESTABLISHED
12 UNDER SECTION 1549 (RELATING TO ESTABLISHMENT OF
13 SCHOOLS). A PARTICIPATING DEFENDANT SHALL BE GIVEN BOTH
14 ORAL AND WRITTEN NOTICE OF THE PROVISIONS OF SECTION
15 1543(B) (RELATING TO DRIVING WHILE OPERATING PRIVILEGE IS
16 SUSPENDED OR REVOKED).
17 (II) PRIOR TO RECEIVING ACCELERATED REHABILITATIVE
18 DISPOSITION OR OTHER PRELIMINARY DISPOSITION, THE
19 DEFENDANT MUST BE EVALUATED UNDER SECTION 3816(A)
20 (RELATING TO REQUIREMENTS FOR DRIVING UNDER INFLUENCE
21 OFFENDERS) TO DETERMINE THE EXTENT OF THE DEFENDANT'S
22 INVOLVEMENT WITH ALCOHOL OR OTHER DRUG AND TO ASSIST THE
23 COURT IN DETERMINING WHAT CONDITIONS OF ACCELERATED
24 REHABILITATIVE DISPOSITION WOULD BENEFIT THE DEFENDANT
25 AND THE PUBLIC. IF THE EVALUATION INDICATES THERE IS A
26 NEED FOR COUNSELING OR TREATMENT, THE DEFENDANT SHALL BE
27 SUBJECT TO A FULL ASSESSMENT FOR ALCOHOL AND DRUG
28 ADDICTION IN ACCORDANCE WITH THE PROVISIONS OF SECTION
29 3814(3) AND (4) (RELATING TO DRUG AND ALCOHOL
30 ASSESSMENTS).
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1 (III) IF THE DEFENDANT IS ASSESSED UNDER
2 SUBPARAGRAPH (II) TO BE IN NEED OF TREATMENT, THE
3 DEFENDANT MUST PARTICIPATE AND COOPERATE WITH A LICENSED
4 ALCOHOL OR DRUG ADDICTION TREATMENT PROGRAM. THE LEVEL
5 AND DURATION OF TREATMENT SHALL BE IN ACCORDANCE WITH THE
6 RECOMMENDATIONS WITH THE FULL ASSESSMENT. NOTHING IN THIS
7 SUBPARAGRAPH SHALL PREVENT A TREATMENT PROGRAM FROM
8 REFUSING TO ACCEPT A DEFENDANT IF THE PROGRAM
9 ADMINISTRATOR DEEMS THE DEFENDANT TO BE INAPPROPRIATE FOR
10 ADMISSION TO THE PROGRAM. A TREATMENT PROGRAM SHALL
11 RETAIN THE RIGHT TO IMMEDIATELY DISCHARGE INTO THE
12 CUSTODY OF THE PROBATION OFFICER AN OFFENDER WHO FAILS TO
13 COMPLY WITH PROGRAM RULES AND TREATMENT EXPECTATIONS OR
14 REFUSES TO CONSTRUCTIVELY ENGAGE IN THE TREATMENT
15 PROCESS.
16 (IV) THE DEFENDANT MUST REMAIN SUBJECT TO COURT
17 SUPERVISION FOR SIX MONTHS.
18 (V) THE DEFENDANT MUST MAKE RESTITUTION TO ANY
19 PERSON THAT INCURRED DETERMINABLE FINANCIAL LOSS AS A
20 RESULT OF THE DEFENDANT'S ACTIONS WHICH RESULTED IN THE
21 OFFENSE. RESTITUTION MUST BE SUBJECT TO COURT
22 SUPERVISION.
23 (VI) THE DEFENDANT MUST PAY THE REASONABLE COSTS OF
24 A MUNICIPAL CORPORATION IN CONNECTION WITH THE OFFENSE.
25 FEES IMPOSED UNDER THIS SUBPARAGRAPH SHALL BE DISTRIBUTED
26 TO THE AFFECTED MUNICIPAL CORPORATION.
27 (VII) THE DEFENDANT MUST PAY ANY OTHER FEE,
28 SURCHARGE OR COST REQUIRED BY LAW. EXCEPT AS SET FORTH IN
29 SUBPARAGRAPH (VI) OR (VIII), A FEE OR FINANCIAL CONDITION
30 IMPOSED BY A JUDGE AS A CONDITION OF ACCELERATED
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1 REHABILITATIVE DISPOSITION OR ANY OTHER PRELIMINARY
2 DISPOSITION OF ANY CHARGE UNDER THIS CHAPTER SHALL BE
3 DISTRIBUTED AS PROVIDED FOR IN 42 PA.C.S. §§ 3571
4 (RELATING TO COMMONWEALTH PORTION OF FINES, ETC.) AND
5 3573 (RELATING TO MUNICIPAL CORPORATION PORTION OF FINES,
6 ETC.).
7 (VIII) THE DEFENDANT MUST PAY THE COSTS OF
8 COMPLIANCE WITH SUBPARAGRAPHS (I), (II) AND (III).
9 (2) THE DEFENDANT SHALL BE SUBJECT TO A FULL ASSESSMENT
10 FOR ALCOHOL AND DRUG ADDICTION IF ANY OF THE FOLLOWING APPLY:
11 (I) THE EVALUATION UNDER PARAGRAPH (1)(II) INDICATES
12 A LIKELIHOOD THAT THE DEFENDANT IS ADDICTED TO ALCOHOL OR
13 OTHER DRUGS.
14 (II) THE DEFENDANT'S BLOOD ALCOHOL CONTENT AT THE
15 TIME OF THE OFFENSE WAS AT LEAST .16%.
16 (3) THE ASSESSMENT UNDER PARAGRAPH (2) SHALL BE
17 CONDUCTED BY ONE OF THE FOLLOWING:
18 (I) THE DEPARTMENT OF HEALTH OR ITS DESIGNEE.
19 (II) THE COUNTY AGENCY WITH RESPONSIBILITY FOR
20 COUNTY DRUG AND ALCOHOL PROGRAMS OR ITS DESIGNEE.
21 (III) THE CLINICAL PERSONNEL OF A FACILITY LICENSED
22 BY THE DEPARTMENT OF HEALTH FOR THE CONDUCT OF DRUG AND
23 ALCOHOL ADDICTION TREATMENT PROGRAMS.
24 (4) THE ASSESSMENT UNDER PARAGRAPH (2) SHALL CONSIDER
25 ISSUES OF PUBLIC SAFETY AND SHALL INCLUDE RECOMMENDATIONS FOR
26 ALL OF THE FOLLOWING:
27 (I) LENGTH OF STAY.
28 (II) LEVELS OF CARE.
29 (III) FOLLOW-UP CARE AND MONITORING.
30 (C) INSURANCE.--
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1 (1) THIS SUBSECTION SHALL ONLY APPLY TO A HEALTH
2 INSURANCE, HEALTH MAINTENANCE ORGANIZATION OR OTHER HEALTH
3 PLAN REQUIRED TO PROVIDE BENEFITS UNDER SECTION 602-A OF THE
4 ACT OF MAY 17, 1921 (P.L.682, NO.284), KNOWN AS THE INSURANCE
5 COMPANY LAW OF 1921.
6 (2) IF AN INDIVIDUAL WHO IS A SUBSCRIBER TO A HEALTH
7 INSURANCE, HEALTH MAINTENANCE ORGANIZATION OR OTHER HEALTH
8 PLAN THAT IS DOING BUSINESS IN THIS COMMONWEALTH, THE
9 INDIVIDUAL MAY NOT BE DEPRIVED OF ALCOHOL AND OTHER DRUG
10 ABUSE AND ADDICTION TREATMENT OR COVERAGE WITHIN THE SCOPE OF
11 THAT PLAN DUE TO THE IDENTIFICATION OF AN ALCOHOL OR OTHER
12 DRUG PROBLEM WHICH OCCURS AS A RESULT OF AN ASSESSMENT UNDER
13 THIS SECTION.
14 (D) MANDATORY SUSPENSION OF OPERATING PRIVILEGES.--AS A
15 CONDITION OF PARTICIPATION IN AN ACCELERATED REHABILITATIVE
16 DISPOSITION PROGRAM, THE COURT SHALL ORDER THE DEFENDANT'S
17 LICENSE SUSPENDED AS FOLLOWS:
18 (1) THERE SHALL BE NO LICENSE SUSPENSION IF THE
19 DEFENDANT'S BLOOD ALCOHOL CONCENTRATION AT THE TIME OF
20 TESTING WAS LESS THAN .10%.
21 (2) FOR 30 DAYS, IF THE DEFENDANT'S BLOOD ALCOHOL
22 CONCENTRATION AT THE TIME OF TESTING WAS AT LEAST .10% BUT
23 LESS THAN .16%.
24 (3) FOR 60 DAYS, IF:
25 (I) THE DEFENDANT'S BLOOD ALCOHOL CONCENTRATION AT
26 THE TIME OF TESTING WAS .16% OR HIGHER;
27 (II) THE DEFENDANT'S BLOOD ALCOHOL CONCENTRATION IS
28 NOT KNOWN; OR
29 (III) AN ACCIDENT WHICH RESULTED IN BODILY INJURY OR
30 IN DAMAGE TO A VEHICLE OR OTHER PROPERTY OCCURRED IN
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1 CONNECTION WITH THE EVENTS SURROUNDING THE CURRENT
2 OFFENSE.
3 (E) FAILURE TO COMPLY.--
4 (1) A DEFENDANT WHO FAILS TO COMPLETE ANY OF THE
5 CONDITIONS OF PARTICIPATION CONTAINED IN THIS SECTION SHALL
6 BE DEEMED TO HAVE UNSUCCESSFULLY PARTICIPATED IN AN
7 ACCELERATED REHABILITATIVE DISPOSITION PROGRAM, AND THE
8 CRIMINAL RECORD UNDERLYING PARTICIPATION IN THE PROGRAM SHALL
9 NOT BE EXPUNGED.
10 (2) THE COURT SHALL DIRECT THE ATTORNEY FOR THE
11 COMMONWEALTH TO PROCEED ON THE CHARGES AS PRESCRIBED IN THE
12 RULES OF CRIMINAL PROCEDURE IF THE DEFENDANT:
13 (I) FAILS TO MEET ANY OF THE REQUIREMENTS OF THIS
14 SECTION;
15 (II) IS CHARGED WITH OR COMMITS AN OFFENSE UNDER 18
16 PA.C.S (RELATING TO CRIMES AND OFFENSES); OR
17 (III) VIOLATES ANY OTHER CONDITION IMPOSED BY THE
18 COURT.
19 § 3808. ILLEGALLY OPERATING A MOTOR VEHICLE NOT EQUIPPED WITH
20 IGNITION INTERLOCK.
21 (A) OFFENSE DEFINED.--
22 (1) AN INDIVIDUAL REQUIRED TO OPERATE ONLY A MOTOR
23 VEHICLE EQUIPPED WITH AN APPROVED IGNITION INTERLOCK SYSTEM
24 UNDER SECTION 1553(D.2) (RELATING TO OCCUPATIONAL LIMITED
25 LICENSE) OR 3805 (RELATING TO IGNITION INTERLOCK) WHO
26 OPERATES A MOTOR VEHICLE ON A HIGHWAY OF THIS COMMONWEALTH
27 WITHOUT SUCH A SYSTEM COMMITS A SUMMARY OFFENSE AND SHALL,
28 UPON CONVICTION, BE SENTENCED TO PAY A FINE OF NOT LESS THAN
29 $300 AND NOT MORE THAN $1,000 AND TO IMPRISONMENT FOR NOT
30 MORE THAN 90 DAYS.
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1 (2) AN INDIVIDUAL REQUIRED TO OPERATE ONLY A MOTOR
2 VEHICLE EQUIPPED WITH AN IGNITION INTERLOCK SYSTEM UNDER
3 SECTION 1553(D.2) OR 3805 WHO OPERATES A MOTOR VEHICLE ON A
4 HIGHWAY OF THIS COMMONWEALTH WITHOUT SUCH A SYSTEM AND WHO
5 HAS AN AMOUNT OF ALCOHOL BY WEIGHT IN HIS BLOOD THAT IS EQUAL
6 TO OR GREATER THAN .02% OR WHO HAS ANY AMOUNT OF A SCHEDULE
7 I, II OR III CONTROLLED SUBSTANCE, AS DEFINED IN THE IN THE
8 ACT OF APRIL 14, 1972 (P.L.233, NO.64), KNOWN AS THE
9 CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT, OR ITS
10 METABOLITE, WHICH HAS NOT BEEN MEDICALLY PRESCRIBED FOR THE
11 INDIVIDUAL COMMITS A SUMMARY OFFENSE AND SHALL, UPON
12 CONVICTION, BE SENTENCED TO PAY A FINE OF $1,000 AND TO
13 UNDERGO IMPRISONMENT FOR A PERIOD OF NOT LESS THAN 90 DAYS.
14 (B) TAMPERING WITH AN INTERLOCK SYSTEM.--A PERSON THAT
15 TAMPERS WITH AN IGNITION INTERLOCK SYSTEM REQUIRED BY LAW
16 COMMITS A SUMMARY OFFENSE AND SHALL, UPON CONVICTION, BE
17 SENTENCED TO PAY A FINE OF NOT LESS THAN $300 NOR MORE THAN
18 $1,000 AND TO UNDERGO IMPRISONMENT FOR NOT MORE THAN 90 DAYS.
19 THE TERM "TAMPERING" IN ADDITION TO ANY PHYSICAL ACT WHICH IS
20 INTENDED TO ALTER OR INTERFERE WITH THE PROPER FUNCTIONING OF AN
21 IGNITION INTERLOCK DEVICE REQUIRED BY LAW SHALL INCLUDE
22 ATTEMPTING TO CIRCUMVENT OR BYPASS OR CIRCUMVENTING OR BYPASSING
23 AN IGNITION INTERLOCK DEVICE BY:
24 (1) MEANS OF USING ANOTHER INDIVIDUAL TO PROVIDE A
25 BREATH SAMPLE; OR
26 (2) PROVIDING A BREATH SAMPLE FOR THE PURPOSE OF
27 BYPASSING AN IGNITION INTERLOCK DEVICE REQUIRED BY LAW.
28 (C) REVOCATION OF OPERATING PRIVILEGE.--UPON RECEIVING A
29 CERTIFIED RECORD OF THE CONVICTION OF AN INDIVIDUAL UNDER THIS
30 SECTION, THE DEPARTMENT SHALL REVOKE THE INDIVIDUAL'S OPERATING
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1 PRIVILEGE FOR A PERIOD OF ONE YEAR.
2 § 3809. RESTRICTION ON ALCOHOLIC BEVERAGES.
3 (A) GENERAL RULE.--EXCEPT AS SET FORTH IN SUBSECTION (B), AN
4 INDIVIDUAL WHO IS AN OPERATOR OR AN OCCUPANT IN A MOTOR VEHICLE
5 MAY NOT BE IN POSSESSION OF AN OPEN ALCOHOLIC BEVERAGE CONTAINER
6 OR CONSUME A CONTROLLED SUBSTANCE AS DEFINED IN THE ACT OF APRIL
7 14, 1972 (P.L.233, NO.64), KNOWN AS THE CONTROLLED SUBSTANCE,
8 DRUG, DEVICE AND COSMETIC ACT, OR AN ALCOHOLIC BEVERAGE IN A
9 MOTOR VEHICLE WHILE THE MOTOR VEHICLE IS LOCATED ON A HIGHWAY IN
10 THIS COMMONWEALTH.
11 (B) EXCEPTION.--THIS SECTION DOES NOT PROHIBIT POSSESSION OR
12 CONSUMPTION BY ANY OF THE FOLLOWING:
13 (1) A PASSENGER IN THE PASSENGER AREA OF A MOTOR VEHICLE
14 DESIGNED, MAINTAINED OR USED PRIMARILY FOR THE LAWFUL
15 TRANSPORTATION OF PERSONS FOR COMPENSATION. THIS PARAGRAPH
16 INCLUDES BUSES, TAXIS AND LIMOUSINES.
17 (2) AN INDIVIDUAL IN THE LIVING QUARTERS OF A HOUSE
18 COACH OR HOUSE TRAILER.
19 (C) PENALTY.--AN INDIVIDUAL WHO VIOLATES THIS SECTION
20 COMMITS A SUMMARY OFFENSE.
21 § 3810. AUTHORIZED USE NOT A DEFENSE.
22 THE FACT THAT A PERSON CHARGED WITH VIOLATING THIS CHAPTER IS
23 OR HAS BEEN LEGALLY ENTITLED TO USE ALCOHOL OR CONTROLLED
24 SUBSTANCES IS NOT A DEFENSE TO A CHARGE OF VIOLATING THIS
25 CHAPTER.
26 § 3811. CERTAIN ARRESTS AUTHORIZED.
27 (A) WARRANT NOT REQUIRED.--IN ADDITION TO ANY OTHER POWERS
28 OF ARREST, A POLICE OFFICER IS AUTHORIZED TO ARREST AN
29 INDIVIDUAL WITHOUT A WARRANT IF THE OFFICER HAS PROBABLE CAUSE
30 TO BELIEVE THAT THE INDIVIDUAL HAS VIOLATED SECTION 3802
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1 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED
2 SUBSTANCE), REGARDLESS OF WHETHER THE ALLEGED VIOLATION WAS
3 COMMITTED IN THE PRESENCE OF THE POLICE OFFICER.
4 (B) TERRITORY.--THE AUTHORITY UNDER SUBSECTION (A) EXTENDS
5 TO ANY HOSPITAL OR OTHER MEDICAL TREATMENT FACILITY LOCATED
6 BEYOND THE TERRITORIAL LIMITS OF THE POLICE OFFICER'S POLITICAL
7 SUBDIVISION AT WHICH AN INDIVIDUAL TO BE ARRESTED IS FOUND OR
8 WAS TAKEN OR REMOVED FOR PURPOSES OF EMERGENCY TREATMENT,
9 EXAMINATION OR EVALUATION AS LONG AS THERE IS PROBABLE CAUSE TO
10 BELIEVE THAT THE VIOLATION OF SECTION 3802 OCCURRED WITHIN THE
11 POLICE OFFICER'S POLITICAL SUBDIVISION.
12 § 3812. PRELIMINARY HEARING OR ARRAIGNMENT.
13 THE PRESIDING JUDICIAL OFFICER AT THE PRELIMINARY HEARING OR
14 PRELIMINARY ARRAIGNMENT RELATING TO A CHARGE OF A VIOLATION OF
15 SECTION 3802 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR
16 CONTROLLED SUBSTANCE) SHALL NOT REDUCE OR MODIFY THE ORIGINAL
17 CHARGES WITHOUT THE CONSENT OF THE ATTORNEY FOR THE
18 COMMONWEALTH.
19 § 3813. WORK RELEASE.
20 IN ANY CASE IN WHICH AN INDIVIDUAL IS SENTENCED TO A PERIOD
21 OF IMPRISONMENT AS A RESULT OF A CONVICTION FOR VIOLATING A
22 PROVISION OF THIS CHAPTER, THE JUDICIAL OFFICER IMPOSING THE
23 SENTENCE SHALL CONSIDER ASSIGNING THAT INDIVIDUAL TO A DAYTIME
24 WORK RELEASE PROGRAM. ANY WORK RELEASE PROGRAM PERMITTED UNDER
25 THIS SECTION SHALL BE CERTIFIED BY THE DRUG AND ALCOHOL
26 TREATMENT PROGRAM ADMINISTRATION AS BEING CONSISTENT WITH ANY
27 DRUG AND ALCOHOL TREATMENT REQUIREMENTS IMPOSED UNDER SECTION
28 3814 (RELATING TO DRUG AND ALCOHOL ASSESSMENTS).
29 § 3814. DRUG AND ALCOHOL ASSESSMENTS.
30 IF A DEFENDANT IS CONVICTED OR PLEADS GUILTY OR NO CONTEST TO
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1 A VIOLATION OF SECTION 3802 (RELATING TO DRIVING UNDER INFLUENCE
2 OF ALCOHOL OR CONTROLLED SUBSTANCE), THE FOLLOWING APPLY PRIOR
3 TO SENTENCING:
4 (1) THE DEFENDANT SHALL BE EVALUATED UNDER SECTION
5 3816(A) (RELATING TO REQUIREMENTS FOR DRIVING UNDER INFLUENCE
6 OFFENDERS) AND ANY OTHER ADDITIONAL EVALUATION TECHNIQUES
7 DEEMED APPROPRIATE BY THE COURT TO DETERMINE THE EXTENT OF
8 THE DEFENDANT'S INVOLVEMENT WITH ALCOHOL OR OTHER DRUG AND TO
9 ASSIST THE COURT IN DETERMINING WHAT TYPE OF SENTENCE WOULD
10 BENEFIT THE DEFENDANT AND THE PUBLIC.
11 (2) THE DEFENDANT SHALL BE SUBJECT TO A FULL ASSESSMENT
12 FOR ALCOHOL AND DRUG ADDICTION IF ANY OF THE FOLLOWING
13 SUBPARAGRAPHS APPLY:
14 (I) THE DEFENDANT, WITHIN TEN YEARS PRIOR TO THE
15 OFFENSE FOR WHICH SENTENCE IS BEING IMPOSED, HAS BEEN
16 SENTENCED FOR AN OFFENSE UNDER:
17 (A) FORMER SECTION 3731 (RELATING TO DRIVING
18 UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE);
19 (B) SECTION 3802; OR
20 (C) AN EQUIVALENT OFFENSE IN ANOTHER
21 JURISDICTION.
22 (II) EITHER:
23 (A) THE EVALUATION UNDER PARAGRAPH (1) INDICATES
24 THERE IS A NEED FOR COUNSELING OR TREATMENT; OR
25 (B) THE DEFENDANT'S BLOOD ALCOHOL CONTENT AT THE
26 TIME OF THE OFFENSE WAS AT LEAST .16%.
27 (3) THE ASSESSMENT UNDER PARAGRAPH (2) SHALL BE
28 CONDUCTED BY ONE OF THE FOLLOWING:
29 (I) THE DEPARTMENT OF HEALTH OR ITS DESIGNEE.
30 (II) THE COUNTY AGENCY WITH RESPONSIBILITY FOR
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1 COUNTY DRUG AND ALCOHOL PROGRAMS OR ITS DESIGNEE.
2 (III) THE CLINICAL PERSONNEL OF A FACILITY LICENSED
3 BY THE DEPARTMENT OF HEALTH FOR THE CONDUCT OF DRUG AND
4 ALCOHOL ADDICTION TREATMENT PROGRAMS.
5 (4) THE ASSESSMENT UNDER PARAGRAPH (2) SHALL CONSIDER
6 ISSUES OF PUBLIC SAFETY AND SHALL INCLUDE RECOMMENDATIONS FOR
7 ALL OF THE FOLLOWING:
8 (I) LENGTH OF STAY.
9 (II) LEVELS OF CARE.
10 (III) FOLLOW-UP CARE AND MONITORING.
11 § 3815. MANDATORY SENTENCING.
12 (A) COUNTY SUPERVISION.--NOTWITHSTANDING THE LENGTH OF ANY
13 MAXIMUM TERM OF IMPRISONMENT REQUIRED BY SECTION 3804 (RELATING
14 TO PENALTIES), THE SENTENCING JUDGE MAY SUBJECT THE OFFENDER TO
15 THE SUPERVISION OF THE COUNTY PAROLE SYSTEM.
16 (B) PAROLE.--
17 (1) AN OFFENDER WHO IS DETERMINED PURSUANT TO SECTION
18 3814 (RELATING TO DRUG AND ALCOHOL ASSESSMENTS) TO BE IN NEED
19 OF DRUG AND ALCOHOL TREATMENT SHALL BE ELIGIBLE FOR PAROLE IN
20 ACCORDANCE WITH THE TERMS AND CONDITIONS PRESCRIBED IN THIS
21 SECTION FOLLOWING THE EXPIRATION OF THE OFFENDER'S MANDATORY
22 MINIMUM TERM OF IMPRISONMENT.
23 (2) THE FOLLOWING SHALL BE CONDITIONS OF PAROLE:
24 (I) IF THE OFFENDER IS NOT DETERMINED UNDER THE
25 PROCEDURES SET FORTH IN SECTION 3814 TO BE ADDICTED TO
26 ALCOHOL OR ANOTHER SUBSTANCE, THE OFFENDER MUST REFRAIN
27 FROM:
28 (A) THE USE OF ILLEGAL CONTROLLED SUBSTANCES;
29 AND
30 (B) THE ABUSE OF PRESCRIPTION DRUGS, OVER-THE-
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1 COUNTER DRUGS OR ANY OTHER SUBSTANCES.
2 (II) IF THE OFFENDER IS DETERMINED UNDER THE
3 PROCEDURES SET FORTH IN SECTION 3814 TO BE ADDICTED TO
4 ALCOHOL OR ANOTHER SUBSTANCE, THE OFFENDER MUST DO ALL OF
5 THE FOLLOWING:
6 (A) REFRAIN FROM:
7 (I) THE USE OF ALCOHOL OR ILLEGAL CONTROLLED
8 SUBSTANCES; AND
9 (II) THE ABUSE OF PRESCRIPTION DRUGS, OVER-
10 THE-COUNTER DRUGS OR ANY OTHER SUBSTANCES.
11 (B) PARTICIPATE IN AND COOPERATE WITH DRUG AND
12 ALCOHOL ADDICTION TREATMENT UNDER SUBSECTION (C).
13 (C) TREATMENT.--
14 (1) TREATMENT MUST CONFORM TO ASSESSMENT RECOMMENDATIONS
15 MADE UNDER SECTION 3814.
16 (2) TREATMENT MUST BE CONDUCTED BY A DRUG AND ALCOHOL
17 ADDICTION TREATMENT PROGRAM LICENSED BY THE DEPARTMENT OF
18 HEALTH.
19 (3) THE TREATMENT PROGRAM SHALL REPORT PERIODICALLY TO
20 THE ASSIGNED PAROLE OFFICER ON THE OFFENDER'S PROGRESS IN THE
21 TREATMENT PROGRAM. THE TREATMENT PROGRAM SHALL PROMPTLY
22 NOTIFY THE PAROLE OFFICER IF THE OFFENDER:
23 (I) FAILS TO COMPLY WITH PROGRAM RULES AND TREATMENT
24 EXPECTATIONS;
25 (II) REFUSES TO CONSTRUCTIVELY ENGAGE IN THE
26 TREATMENT PROCESS; OR
27 (III) WITHOUT AUTHORIZATION TERMINATES PARTICIPATION
28 IN THE TREATMENT PROGRAM.
29 (4) UPON NOTIFICATION UNDER PARAGRAPH (3), THE PAROLE
30 OFFICER SHALL REPORT THE OFFENDER'S ACTIONS TO THE PAROLE
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1 AUTHORITY AND TO THE DEPARTMENT FOR COMPLIANCE WITH SECTION
2 1553(E) (RELATING TO OCCUPATIONAL LIMITED LICENSE). THE
3 PAROLE AUTHORITY SHALL SCHEDULE A REVOCATION HEARING TO
4 CONSIDER RECOMMENDATIONS OF THE PAROLE OFFICER AND THE
5 TREATMENT PROGRAM.
6 (5) NOTHING IN THIS SUBSECTION SHALL PREVENT A TREATMENT
7 PROGRAM FROM REFUSING TO ACCEPT AN OFFENDER IF THE PROGRAM
8 ADMINISTRATOR DEEMS THE OFFENDER TO BE INAPPROPRIATE FOR
9 ADMISSION TO THE PROGRAM. A TREATMENT PROGRAM SHALL RETAIN
10 THE RIGHT TO IMMEDIATELY DISCHARGE INTO THE CUSTODY OF THE
11 ASSIGNED PAROLE OFFICER AN OFFENDER WHO FAILS TO COMPLY WITH
12 PROGRAM RULES AND TREATMENT EXPECTATIONS OR REFUSES TO
13 CONSTRUCTIVELY ENGAGE IN THE TREATMENT PROCESS.
14 (D) ENFORCEMENT.--
15 (1) THIS SUBSECTION APPLIES TO AN OFFENDER ORDERED TO
16 PARTICIPATE IN A TREATMENT PROGRAM UNDER SUBSECTION
17 (B)(2)(II) WHO:
18 (I) FAILS TO COMPLY WITH PROGRAM RULES AND TREATMENT
19 EXPECTATIONS;
20 (II) REFUSES TO CONSTRUCTIVELY ENGAGE IN THE
21 TREATMENT PROCESS; OR
22 (III) TERMINATES PARTICIPATION IN THE TREATMENT
23 PROGRAM WITHOUT AUTHORIZATION.
24 (2) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ALL OF
25 THE FOLLOWING APPLY TO AN OFFENDER UNDER PARAGRAPH (1):
26 (I) THE OFFENDER'S PAROLE, PRERELEASE, WORK RELEASE
27 OR ANY OTHER RELEASE STATUS SHALL BE REVOKED.
28 (II) THE OFFENDER SHALL BE INELIGIBLE FOR PAROLE,
29 PRERELEASE, WORK RELEASE OR ANY OTHER RELEASE FROM THE
30 CORRECTIONAL FACILITY PRIOR TO THE EXPIRATION OF THE
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1 OFFENDER'S MAXIMUM TERM UNLESS THE OFFENDER IS PERMITTED
2 TO BE READMITTED TO A TREATMENT PROGRAM.
3 (3) NOTHING IN THIS SUBSECTION SHALL BE CONSTRUED TO
4 GRANT A LEGAL RIGHT TO PAROLE TO AN OFFENDER PREVIOUSLY
5 INELIGIBLE FOR PAROLE, ON THE GROUNDS THAT THE OFFENDER IS
6 CURRENTLY PREPARED TO PARTICIPATE IN, COMPLY WITH AND
7 CONSTRUCTIVELY ENGAGE IN THE TREATMENT PROCESS. UNDER SUCH
8 CIRCUMSTANCES, PAROLE OR REPAROLE OF THE OFFENDER SHALL BE AT
9 THE PAROLE AUTHORITY'S DISCRETION.
10 (E) FOLLOW-UP.--AFTER AN OFFENDER HAS COMPLETED THE
11 TREATMENT PROGRAM UNDER SUBSECTION (C), THE PAROLE OFFICER SHALL
12 TAKE REASONABLE STEPS TO ENSURE THAT THE OFFENDER DOES NOT ABUSE
13 ALCOHOL, USE ILLEGAL CONTROLLED SUBSTANCES OR ABUSE PRESCRIPTION
14 DRUGS, OVER-THE-COUNTER DRUGS OR ANY OTHER SUCH SUBSTANCES.
15 THESE REASONABLE STEPS INCLUDE REQUIRING CHEMICAL TESTING AND
16 PERIODIC REASSESSMENT OF THE OFFENDER BY THE TREATMENT PROGRAM.
17 (F) FEES.--
18 (1) EXCEPT AS SET FORTH IN PARAGRAPH (2), THE PAROLE
19 AUTHORITY SHALL IMPOSE UPON AN OFFENDER SUBJECT TO THIS
20 SECTION REASONABLE FEES TO COVER THE COST OF ANY OF THE
21 FOLLOWING:
22 (I) CHEMICAL TESTING OF THE OFFENDER REQUIRED UNDER
23 THIS SECTION.
24 (II) AN ASSESSMENT OF THE OFFENDER REQUIRED UNDER
25 THIS SECTION.
26 (III) DRUG OR ALCOHOL TREATMENT PROVIDED IN
27 ACCORDANCE WITH THE ASSESSMENT.
28 (2) IF THE PAROLE AUTHORITY FINDS THE OFFENDER TO BE
29 UNABLE TO PAY THE FULL AMOUNT OF THE FEES REQUIRED BY
30 PARAGRAPH (1) AND SECTION 1541(D) (RELATING TO PERIOD OF
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1 DISQUALIFICATION, REVOCATION OR SUSPENSION OF OPERATING
2 PRIVILEGE), IT SHALL REQUIRE THE OFFENDER TO PAY AS MUCH OF
3 THE FEE AS IS CONSISTENT WITH THE OFFENDER'S ABILITY TO PAY
4 AND SHALL DIRECT THE ASSIGNED PAROLE OFFICER TO ESTABLISH A
5 REASONABLE PAYMENT SCHEDULE FOR THE OFFENDER TO PAY AS MUCH
6 OF THE REMAINING FEES AS IS CONSISTENT WITH THE OFFENDER'S
7 ABILITY TO PAY.
8 (G) INSURANCE.--
9 (1) THIS SUBSECTION SHALL ONLY APPLY TO A HEALTH
10 INSURANCE, HEALTH MAINTENANCE ORGANIZATION OR OTHER HEALTH
11 PLAN REQUIRED TO PROVIDE BENEFITS UNDER SECTION 602-A OF THE
12 ACT OF MAY 17, 1921 (P.L.682, NO.284), KNOWN AS THE INSURANCE
13 COMPANY LAW OF 1921.
14 (2) IF AN INDIVIDUAL WHO IS A SUBSCRIBER TO A HEALTH
15 INSURANCE, HEALTH MAINTENANCE ORGANIZATION OR OTHER HEALTH
16 PLAN THAT IS DOING BUSINESS IN THIS COMMONWEALTH, THE
17 INDIVIDUAL MAY NOT BE DEPRIVED OF ALCOHOL AND OTHER DRUG
18 ABUSE AND ADDICTION TREATMENT OR COVERAGE WITHIN THE SCOPE OF
19 THAT PLAN DUE TO THE IDENTIFICATION OF AN ALCOHOL OR OTHER
20 DRUG PROBLEM WHICH OCCURS AS A RESULT OF AN ASSESSMENT UNDER
21 THIS SECTION.
22 (H) ADDITIONAL FUNDING.--IN ORDER TO SUPPORT AND AUGMENT THE
23 DIAGNOSTIC ASSESSMENT AND TREATMENT SERVICES PROVIDED UNDER THIS
24 SECTION, THE DEPARTMENT OF HEALTH, THE DEPARTMENT AND THE
25 PENNSYLVANIA COMMISSION ON CRIME AND DELINQUENCY SHALL SEEK ALL
26 AVAILABLE FEDERAL FUNDING, INCLUDING FUNDS AVAILABLE THROUGH THE
27 UNITED STATES NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION AND
28 THE DEPARTMENT OF HEALTH AND HUMAN SERVICES.
29 § 3816. REQUIREMENTS FOR DRIVING UNDER INFLUENCE OFFENDERS.
30 (A) EVALUATION USING COURT REPORTING NETWORK.--IN ADDITION
20030H0004B2365 - 134 -
1 TO ANY OTHER REQUIREMENTS OF THE COURT, EVERY PERSON CONVICTED
2 OF A VIOLATION OF SECTION 3802 (RELATING TO DRIVING UNDER
3 INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE) AND EVERY PERSON
4 OFFERED ACCELERATED REHABILITATIVE DISPOSITION AS A RESULT OF A
5 CHARGE OF A VIOLATION OF SECTION 3802 SHALL, PRIOR TO SENTENCING
6 OR RECEIVING ACCELERATED REHABILITATIVE DISPOSITION OR OTHER
7 PRELIMINARY DISPOSITION, BE EVALUATED USING COURT REPORTING
8 NETWORK INSTRUMENTS ISSUED BY THE DEPARTMENT AND ANY OTHER
9 ADDITIONAL EVALUATION TECHNIQUES DEEMED APPROPRIATE BY THE COURT
10 TO DETERMINE THE EXTENT OF THE PERSON'S INVOLVEMENT WITH ALCOHOL
11 OR CONTROLLED SUBSTANCES AND TO ASSIST THE COURT IN DETERMINING
12 WHAT SENTENCING, PROBATION OR CONDITIONS OF ACCELERATED
13 REHABILITATIVE DISPOSITION WOULD BENEFIT THE PERSON OR THE
14 PUBLIC.
15 (B) COURT-ORDERED INTERVENTION OR TREATMENT.--A RECORD SHALL
16 BE SUBMITTED TO THE DEPARTMENT AS TO WHETHER THE COURT DID OR
17 DID NOT ORDER A DEFENDANT TO ATTEND DRUG AND ALCOHOL TREATMENT
18 PURSUANT TO THE REQUIREMENTS OF SECTIONS 3804 (RELATING TO
19 PENALTIES), 3814 (RELATING TO DRUG AND ALCOHOL ASSESSMENTS) AND
20 3815 (RELATING TO MANDATORY SENTENCING). IF THE COURT ORDERS
21 TREATMENT, A REPORT SHALL BE FORWARDED TO THE DEPARTMENT AS TO
22 WHETHER THE DEFENDANT SUCCESSFULLY COMPLETED THE PROGRAM. IF A
23 DEFENDANT FAILS TO SUCCESSFULLY COMPLETE A PROGRAM OF TREATMENT
24 AS ORDERED BY THE COURT, THE SUSPENSION SHALL REMAIN IN EFFECT
25 UNTIL THE DEPARTMENT IS NOTIFIED BY THE COURT THAT THE DEFENDANT
26 HAS SUCCESSFULLY COMPLETED TREATMENT AND THE DEFENDANT IS
27 OTHERWISE ELIGIBLE FOR RESTORATION OF HIS OPERATING PRIVILEGE.
28 IN ORDER TO IMPLEMENT THE RECORDKEEPING REQUIREMENTS OF THIS
29 SECTION, THE DEPARTMENT AND THE COURT SHALL WORK TOGETHER TO
30 EXCHANGE PERTINENT INFORMATION ABOUT A DEFENDANT'S CASE,
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1 INCLUDING ATTENDANCE AND COMPLETION OF TREATMENT OR FAILURE TO
2 COMPLETE TREATMENT.
3 § 3817. REPORTING REQUIREMENTS FOR OFFENSES.
4 (A) REQUIREMENT.--THE DEPARTMENT SHALL MAKE AN ANNUAL REPORT
5 ON THE ADMINISTRATION OF THIS CHAPTER. THE DEPARTMENT, THE
6 COURTS AND THE PENNSYLVANIA SENTENCING COMMISSION SHALL WORK
7 TOGETHER TO EXCHANGE PERTINENT INFORMATION NECESSARY TO COMPLETE
8 THIS REPORT.
9 (B) CONTENTS.--THE REPORT SHALL INCLUDE:
10 (1) THE NUMBER OF OFFENDERS.
11 (2) THE NUMBER OF OFFENDERS SUBJECT TO SECTION 3815
12 (RELATING TO MANDATORY SENTENCING).
13 (3) THE NUMBER OF OFFENDERS SENT TO TREATMENT FOR
14 ALCOHOL AND DRUG PROBLEMS AND ADDICTION.
15 (4) THE NAMES OF THE TREATMENT FACILITIES PROVIDING
16 TREATMENT AND THE LEVEL OF CARE AND LENGTH OF STAY IN
17 TREATMENT.
18 (5) THE NUMBER OF OFFENDERS SUCCESSFULLY COMPLETING
19 TREATMENT.
20 (6) THE NUMBER OF SUSPENDED LICENSES RETURNED AFTER
21 COMPLETION OF TREATMENT.
22 (7) THE NUMBER OF FIRST, SECOND, THIRD AND SUBSEQUENT
23 OFFENDERS.
24 (C) RECIPIENTS.--THE ANNUAL REPORT SHALL BE SUBMITTED TO THE
25 JUDICIARY COMMITTEE, PUBLIC HEALTH AND WELFARE COMMITTEE AND
26 TRANSPORTATION COMMITTEE OF THE SENATE; THE HEALTH AND HUMAN
27 SERVICES COMMITTEE, JUDICIARY COMMITTEE AND TRANSPORTATION
28 COMMITTEE OF THE HOUSE OF REPRESENTATIVES; AND THE BUREAU OF
29 DRUG AND ALCOHOL PROGRAMS. THE REPORT SHALL BE MADE AVAILABLE TO
30 THE PUBLIC.
20030H0004B2365 - 136 -
1 SECTION 17. SECTIONS 6308(B) AND 6506(A)(7) OF TITLE 75 ARE
2 AMENDED TO READ:
3 § 6308. INVESTIGATION BY POLICE OFFICERS.
4 * * *
5 (B) AUTHORITY OF POLICE OFFICER.--WHENEVER A POLICE OFFICER
6 IS ENGAGED IN A SYSTEMATIC PROGRAM OF CHECKING VEHICLES OR
7 DRIVERS OR HAS [ARTICULABLE AND REASONABLE GROUNDS TO SUSPECT A
8 VIOLATION OF THIS TITLE,] REASONABLE SUSPICION THAT A VIOLATION
9 OF THIS TITLE IS OCCURRING OR HAS OCCURRED, HE MAY STOP A
10 VEHICLE, UPON REQUEST OR SIGNAL, FOR THE PURPOSE OF CHECKING THE
11 VEHICLE'S REGISTRATION, PROOF OF FINANCIAL RESPONSIBILITY,
12 VEHICLE IDENTIFICATION NUMBER OR ENGINE NUMBER OR THE DRIVER'S
13 LICENSE, OR TO SECURE SUCH OTHER INFORMATION AS THE OFFICER MAY
14 REASONABLY BELIEVE TO BE NECESSARY TO ENFORCE THE PROVISIONS OF
15 THIS TITLE.
16 * * *
17 § 6506. SURCHARGE.
18 (A) LEVY AND IMPOSITION.--IN ADDITION TO ANY FINES, FEES OR
19 PENALTIES LEVIED OR IMPOSED AS PROVIDED BY LAW, UNDER THIS TITLE
20 OR ANY OTHER STATUTE, A SURCHARGE SHALL BE LEVIED FOR
21 DISPOSITION IN ACCORDANCE WITH SUBSECTION (B) AS FOLLOWS:
22 * * *
23 (7) UPON CONVICTION OF OFFENSES UNDER SECTION [3731]
24 3802 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR
25 CONTROLLED SUBSTANCE), OR UPON ADMISSION TO PROGRAMS FOR
26 ACCELERATED REHABILITATIVE DISPOSITION FOR OFFENSES
27 ENUMERATED IN SECTION [3731] 3802, A SURCHARGE, RESPECTIVELY,
28 OF:
29 (I) $50 FOR THE FIRST OFFENSE.
30 (II) $100 FOR THE SECOND OFFENSE.
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1 (III) $200 FOR THE THIRD OFFENSE.
2 (IV) $300 FOR THE FOURTH AND SUBSEQUENT OFFENSES.
3 THE PROVISIONS OF THIS SUBSECTION SHALL NOT APPLY TO ANY
4 VIOLATION COMMITTED BY THE OPERATOR OF A MOTORCYCLE, MOTOR-
5 DRIVEN CYCLE, PEDALCYCLE, MOTORIZED PEDALCYCLE OR RECREATIONAL
6 VEHICLE NOT INTENDED FOR HIGHWAY USE.
7 SECTION 18. THE ADDITION OF 75 PA.C.S. §§ 3814 AND 3815
8 SHALL APPLY AS FOLLOWS:
9 (1) EXCEPT AS SET FORTH IN PARAGRAPH (2) OR (3), AFTER
10 JUNE 30, 2009, FOR AN OFFENDER SENTENCED UNDER THIS CHAPTER.
11 (2) ON AND AFTER THE EFFECTIVE DATE OF THIS SECTION, FOR
12 AN OFFENDER SENTENCED FOR A MISDEMEANOR OF THE FIRST DEGREE.
13 (3) AFTER JUNE 30, 2006, FOR AN OFFENDER SENTENCED
14 PURSUANT TO SECTION 3804(A)(3), (B)(2) AND (C)(1).
15 SECTION 19. THE DEPARTMENT OF TRANSPORTATION HAS THE
16 FOLLOWING DUTIES:
17 (1) IN ORDER TO IMPLEMENT THE ADDITION OF 75 PA.C.S. §
18 3805, THE FOLLOWING SHALL APPLY:
19 (I) THE DEPARTMENT SHALL ADOPT AND USE GUIDELINES,
20 WHICH SHALL BE PUBLISHED IN THE PENNSYLVANIA BULLETIN.
21 THE GUIDELINES SHALL NOT BE SUBJECT TO REVIEW UNDER
22 SECTION 205 OF THE ACT OF JULY 31, 1968 (P.L.769,
23 NO.240), REFERRED TO AS THE COMMONWEALTH DOCUMENTS LAW,
24 AND THE ACT OF JUNE 25, 1982 (P.L.633, NO.181), KNOWN AS
25 THE REGULATORY REVIEW ACT.
26 (II) BY SEPTEMBER 30, 2004, THE DEPARTMENT SHALL, IN
27 ACCORDANCE WITH LAW, PROMULGATE REGULATIONS TO REPLACE
28 THE GUIDELINES UNDER SUBPARAGRAPH (I).
29 (III) THE GUIDELINES UNDER SUBPARAGRAPH (I) SHALL:
30 (A) TAKE EFFECT SEPTEMBER 30, 2003, OR
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1 IMMEDIATELY, WHICHEVER IS LATER; AND
2 (B) EXPIRE ON THE EARLIER OF:
3 (I) THE EFFECTIVE DATE OF REGULATIONS UNDER
4 SUBPARAGRAPH (II); OR
5 (II) SEPTEMBER 30, 2005.
6 (2) BY OCTOBER 1, 2004, THE DEPARTMENT SHALL PROMULGATE
7 REGULATIONS TO IMPLEMENT 75 PA.C.S. § 1549(B).
8 SECTION 20. THE ADDITION OF 75 PA.C.S CH. 38 IS A
9 CONTINUATION OF FORMER 75 PA.C.S. § 3731. THE REPEAL OF 75
10 PA.C.S. § 3731 SHALL NOT AFFECT OFFENSES COMMITTED PRIOR TO THE
11 EFFECTIVE DATE OF THIS SECTION OR CIVIL AND ADMINISTRATIVE
12 PENALTIES IMPOSED AS A RESULT OF THOSE OFFENSES.
13 SECTION 21. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
14 (1) THE FOLLOWING PROVISIONS SHALL TAKE EFFECT
15 IMMEDIATELY:
16 (I) SECTION 19 OF THIS ACT.
17 (II) THIS SECTION.
18 (2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT
19 SEPTEMBER 30, 2003, OR IMMEDIATELY, WHICHEVER IS LATER.
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