PRINTER'S NO. 2073
No. 1685 Session of 2001
INTRODUCED BY GORDNER, GEIST, ARMSTRONG, BEBKO-JONES, BELARDI,
COLEMAN, COSTA, CRUZ, DONATUCCI, EGOLF, HARHAI, HORSEY,
LEDERER, MARKOSEK, McILHATTAN, MELIO, PISTELLA, PRESTON,
READSHAW, SAINATO, SATHER, SOLOBAY, STEELMAN, STURLA,
E. Z. TAYLOR, J. TAYLOR, TIGUE, VANCE, WASHINGTON, WATERS,
C. WILLIAMS, WILT AND YOUNGBLOOD, JUNE 4, 2001
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 4, 2001
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for driving under the influence.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Section 3731(e)(1)introductory paragraph and (i)
6 of Title 75 of the Pennsylvania Consolidated Statutes are
7 amended and the section is amended by adding a paragraph to
8 read:
9 § 3731. Driving under influence of alcohol or controlled
10 substance.
11 * * *
12 (e) Penalty.--
13 (1) Any person violating any of the provisions of this
14 section is guilty of a misdemeanor of the second degree,
15 except that a person convicted of a third or subsequent
16 offense is guilty of a misdemeanor of the first degree[, and
1 the]. The sentencing court shall order the person to pay a
2 fine of not less than $600 if the amount of alcohol by weight
3 in the blood of an adult is 0.20% or greater or in the blood
4 of a minor is 0.04% or greater and of not less than $300
5 [and] in all other cases. The court shall order the person to
6 serve a minimum term of imprisonment of:
7 (i) Not less than:
8 (A) seven days if the amount of alcohol by
9 weight in the blood of an adult is 0.20% or greater
10 or in the blood of a minor is 0.04% or greater;
11 (B) 60 days if:
12 (I) the amount of alcohol by weight in the
13 blood of an adult is 0.20% or greater or in the
14 blood of a minor is 0.04% or greater; and
15 (II) the person has previously accepted
16 Accelerated Rehabilitative Disposition or any
17 other form of preliminary disposition, has been
18 convicted of, has been adjudicated delinquent or
19 has been granted a consent decree under 42
20 Pa.C.S. Ch.63 (relating to juvenile matters)
21 based on an offense under this section or of an
22 equivalent offense in another jurisdiction;
23 (C) 150 days if:
24 (I) the amount of alcohol by weight in the
25 blood of an adult is 0.20% or greater or in the
26 blood of a minor is 0.04% or greater; and
27 (II) the person has more than once
28 previously accepted Accelerated Rehabilitative
29 Disposition or any other form of preliminary
30 disposition, has been convicted of, has been
20010H1685B2073 - 2 -
1 adjudicated delinquent or has been granted a
2 consent decree under 42 Pa.C.S. Ch.63 based on an
3 offense under this section or of an equivalent
4 offense in another jurisdiction; or
5 (D) 48 consecutive hours in all other cases.
6 * * *
7 (1.1) Accelerated Rehabilitative Disposition or any
8 other form of preliminary disposition shall not be available
9 to the following offenders:
10 (i) An adult whose amount of alcohol by weight in
11 the blood was 0.20% or greater.
12 (ii) A minor whose amount of alcohol by weight in
13 the blood was 0.04% or greater.
14 * * *
15 Section 2. The amendment or addition of 75 Pa.C.S. §
16 3731(e)(1) introductory paragraph and (i) and (1.1) shall apply
17 to offenses committed on or after the effective date of this
18 act.
19 Section 3. This act shall take effect in 60 days.
B22L75DMS/20010H1685B2073 - 3 -