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| PRIOR PRINTER'S NO. 1033 | PRINTER'S NO. 3627 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY HOUGHTON, BRIGGS, CREIGHTON, DAY, DONATUCCI, GROVE, HORNAMAN, MILNE, MURPHY, SIPTROTH, STABACK, SWANGER, J. TAYLOR, VULAKOVICH, BOYD, JOHNSON, BARBIN, BOYLE, BRADFORD, DEASY, MATZIE AND MURT, MARCH 12, 2009 |
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| AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF REPRESENTATIVES, AS AMENDED, APRIL 26, 2010 |
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| AN ACT |
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1 | Amending Title 75 (Vehicles) of the Pennsylvania Consolidated |
2 | Statutes, further providing for ignition interlock in driving | <-- |
3 | after imbibing alcohol or utilizing drugs, further providing |
4 | for ignition interlock, for prior offenses and for |
5 | Accelerated Rehabilitative Disposition. |
6 | The General Assembly of the Commonwealth of Pennsylvania |
7 | hereby enacts as follows: |
8 | Section 1. Section 3805(a) introductory paragraph of Title | <-- |
9 | 75 of the Pennsylvania Consolidated Statutes is amended and the |
10 | section is amended by adding a subsection to read: |
11 | § 3805. Ignition interlock. |
12 | (a) General rule.--[If] Except as provided under subsection |
13 | (a.1), if a person violates section 3802 (relating to driving |
14 | under influence of alcohol or controlled substance) and[, within |
15 | the past ten years,] has a prior offense as defined in section |
16 | 3806(a) (relating to prior offenses) or has had their operating |
17 | privileges suspended pursuant to section 1547(b.1) (relating to |
18 | chemical testing to determine amount of alcohol or controlled |
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1 | substance) or 3808(c) (relating to illegally operating a motor |
2 | vehicle not equipped with ignition interlock) and the person |
3 | seeks a restoration of operating privileges, the department |
4 | shall require as a condition of issuing a restricted license |
5 | pursuant to this section that the following occur: |
6 | * * * |
7 | (a.1) Elevated rate of alcohol rule.--If a person violates |
8 | section 3802(b) or (c) and the person seeks a restoration of |
9 | operating privileges, the department shall require as a |
10 | condition of issuing a restricted license under this section |
11 | that the following occur: |
12 | (1) Each motor vehicle owned by the person or registered |
13 | to the person has been equipped with an ignition interlock |
14 | system and remains so for the duration of the restricted |
15 | license period. |
16 | (2) If there are no motor vehicles owned by the person |
17 | or registered to the person, that the person so certify to |
18 | the department. A person so certifying shall be deemed to |
19 | have satisfied the requirement that all motor vehicles owned |
20 | by the person or registered to the person be equipped with an |
21 | ignition interlock system as required by this subsection. |
22 | * * * |
23 | Section 2. This act shall take effect in 60 days. |
24 | Section 1. Sections 3805(a), (b) and (c), 3806 and 3807(d) | <-- |
25 | of Title 75 of the Pennsylvania Consolidated Statutes are |
26 | amended to read: |
27 | § 3805. Ignition interlock. |
28 | (a) General rule.--If a person violates section 3802 |
29 | (relating to driving under influence of alcohol or controlled |
30 | substance) [and, within the past ten years, has a prior offense |
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1 | as defined in section 3806(a) (relating to prior offenses) or |
2 | has had their operating privileges suspended pursuant to section |
3 | 1547(b.1) (relating to chemical testing to determine amount of |
4 | alcohol or controlled substance) or 3808(c) (relating to |
5 | illegally operating a motor vehicle not equipped with ignition |
6 | interlock)] and the person seeks a restoration of operating |
7 | privileges, the department shall require as a condition of |
8 | issuing a restricted license pursuant to this section that the |
9 | following occur: |
10 | (1) Each motor vehicle owned by the person or registered |
11 | to the person has been equipped with an ignition interlock |
12 | system and remains so for the duration of the restricted |
13 | license period. |
14 | (2) If there are no motor vehicles owned by the person |
15 | or registered to the person that the person so certify to the |
16 | department. A person so certifying shall be deemed to have |
17 | satisfied the requirement that all motor vehicles owned by |
18 | the person or registered to the person be equipped with an |
19 | ignition interlock system as required by this subsection. |
20 | (b) Application for a restricted license.--A person subject |
21 | to this section shall apply to the department for an ignition |
22 | interlock restricted license, accompanied by an application fee |
23 | of $100 which shall be in addition to the fee charged under |
24 | section 1951 (relating to driver's license and learner's |
25 | permit), which shall be clearly marked to restrict the person to |
26 | only driving, operating or being in actual physical control of |
27 | the movement of motor vehicles equipped with an ignition |
28 | interlock system. Upon issuance of an ignition interlock |
29 | restricted license to any person, the department shall notify |
30 | the person that until the person obtains an unrestricted license |
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1 | the person may not own, register, drive, operate or be in actual |
2 | physical control of the movement of any motor vehicle which is |
3 | not equipped with an ignition interlock system. |
4 | (c) Issuance of unrestricted license.--[One year from the |
5 | date of issuance of an ignition interlock restricted license |
6 | under this section, if] If otherwise eligible, a person may be |
7 | issued a replacement license under section 1951(d) that does not |
8 | contain the ignition interlock system restriction[.] if: |
9 | (1) Six months have elapsed from the date of issuance of |
10 | an ignition interlock restricted license under this section |
11 | and the person was sentenced under section 3804(b)(1) |
12 | (relating to penalties) or 3804(c)(1). |
13 | (2) Twelve months have elapsed from the date of issuance |
14 | of an ignition interlock restricted license under this |
15 | section and the person was sentenced under section 3804(a) |
16 | (2), 3804(b)(2) or 3804(c)(2). |
17 | (3) Eighteen months have elapsed from the date of |
18 | issuance of an ignition interlock restricted license under |
19 | this section and the person was sentenced for a third offense |
20 | under section 3804(a)(3), 3804(b)(3) or 3804(c)(3). |
21 | (4) Twenty-four months have elapsed from the date of |
22 | issuance of an ignition interlock restricted license under |
23 | this section and the person was sentenced for a fourth or |
24 | subsequent offense under section 3804(a)(3), 3804(b)(4) or |
25 | 3804(c)(3). |
26 | * * * |
27 | § 3806. Prior offenses. |
28 | (a) General rule.--Except as set forth in subsection (b), |
29 | the term "prior offense" as used in this chapter shall mean a |
30 | conviction, adjudication of delinquency, juvenile consent |
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1 | decree, acceptance of Accelerated Rehabilitative Disposition or |
2 | other form of preliminary disposition if the violation occurred |
3 | before the sentencing on the present violation for any of the |
4 | following: |
5 | (1) an offense under section 3802 (relating to driving |
6 | under influence of alcohol or controlled substance); |
7 | (2) an offense under former section 3731; |
8 | (3) an offense substantially similar to an offense under |
9 | paragraph (1) or (2) in another jurisdiction; or |
10 | (4) any combination of the offenses set forth in |
11 | paragraph (1), (2) or (3). |
12 | (b) Repeat offenses within ten years.--The calculation of |
13 | prior offenses for purposes of sections 1553(d.2) (relating to |
14 | occupational limited license), 3803 (relating to grading) and |
15 | 3804 (relating to penalties) shall include any conviction, |
16 | adjudication of delinquency, juvenile consent decree, acceptance |
17 | of Accelerated Rehabilitative Disposition or other form of |
18 | preliminary disposition if the violation occurred within the ten |
19 | years before the present violation occurred for any of the |
20 | following: |
21 | (1) an offense under section 3802; |
22 | (2) an offense under former section 3731; |
23 | (3) an offense substantially similar to an offense under |
24 | paragraph (1) or (2) in another jurisdiction; or |
25 | (4) any combination of the offenses set forth in |
26 | paragraph (1), (2) or (3). |
27 | § 3807. Accelerated Rehabilitative Disposition. |
28 | * * * |
29 | (d) Mandatory suspension of operating privileges.--[As a |
30 | condition of participation in an Accelerated Rehabilitative |
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1 | Disposition program, the court] Upon receiving a certified |
2 | record of the defendant's admission into an Accelerated |
3 | Rehabilitative Disposition program, the department shall [order] |
4 | suspend the defendant's license [suspended] as follows: |
5 | (1) There shall be no license suspension if the |
6 | defendant's blood alcohol concentration at the time of |
7 | testing was less than 0.10%. |
8 | (2) For 30 days if the defendant's blood alcohol |
9 | concentration at the time of testing was at least 0.10% but |
10 | less than 0.16%. |
11 | (3) For 60 days if: |
12 | (i) the defendant's blood alcohol concentration at |
13 | the time of testing was 0.16% or higher; |
14 | (ii) the defendant's blood alcohol concentration is |
15 | not known; |
16 | (iii) an accident which resulted in bodily injury or |
17 | in damage to a vehicle or other property occurred in |
18 | connection with the events surrounding the current |
19 | offense; or |
20 | (iv) the defendant was charged pursuant to section |
21 | 3802(d). |
22 | (4) For 90 days if the defendant was a minor at the time |
23 | of the offense. |
24 | * * * |
25 | Section 2. The amendment of 75 Pa.C.S. § 3806 shall apply to |
26 | persons sentenced on or after the effective date of this |
27 | section. |
28 | Section 3. This act shall take effect in 60 days. |
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