PRINTER'S NO. 2789
No. 2136 Session of 1999
INTRODUCED BY GORDNER, MASLAND, VANCE, SAYLOR, HARHAI, BARRAR,
STERN, SOLOBAY, WOGAN, BEBKO-JONES, E. Z. TAYLOR, READSHAW,
DALLY, LUCYK, STURLA, PLATTS, SAINATO, WILLIAMS, DeLUCA,
HENNESSEY, PISTELLA, McILHATTAN, EGOLF, STEELMAN, HORSEY,
WASHINGTON AND TRUE, DECEMBER 8, 1999
REFERRED TO COMMITTEE ON JUDICIARY, DECEMBER 8, 1999
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)(i) of Title 75 of the
6 Pennsylvania Consolidated Statutes is amended and the section is
7 amended by adding a paragraph to read:
8 § 3731. Driving under influence of alcohol or controlled
9 substance.
10 * * *
11 (e) Penalty.--
12 (1) Any person violating any of the provisions of this
13 section is guilty of a misdemeanor of the second degree,
14 except that a person convicted of a third or subsequent
15 offense is guilty of a misdemeanor of the first degree[, and
16 the]. The sentencing court shall order the person to pay a
1 fine of not less than $600 if the amount of alcohol by weight
2 in the blood of an adult is 0.20% or greater or in the blood
3 of a minor is 0.04% or greater and of not less than $300
4 [and] in all other cases. The court shall order the person to
5 serve a minimum term of imprisonment of:
6 (i) Not less than:
7 (A) seven days if the amount of alcohol by
8 weight in the blood of an adult is 0.20% or greater
9 or in the blood of a minor is 0.04% or greater;
10 (B) 60 days if:
11 (I) the amount of alcohol by weight in the
12 blood of an adult is 0.20% or greater or in the
13 blood of a minor is 0.04% or greater; and
14 (II) the person has previously accepted
15 Accelerated Rehabilitative Disposition or any
16 other form of preliminary disposition, has been
17 convicted of, has been adjudicated delinquent or
18 has been granted a consent decree under 42
19 Pa.C.S. Ch.63 (relating to juvenile matters)
20 based on an offense under this section or of an
21 equivalent offense in another jurisdiction;
22 (C) 150 days if:
23 (I) the amount of alcohol by weight in the
24 blood of an adult is 0.20% or greater or in the
25 blood of a minor is 0.04% or greater; and
26 (II) the person has more than once
27 previously accepted Accelerated Rehabilitative
28 Disposition or any other form of preliminary
29 disposition, has been convicted of, has been
30 adjudicated delinquent or has been granted a
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1 consent decree under 42 Pa.C.S. Ch.63 based on an
2 offense under this section or of an equivalent
3 offense in another jurisdiction; or
4 (D) 48 consecutive hours in all other cases.
5 * * *
6 (1.1) Accelerated Rehabilitative Disposition or any
7 other form of preliminary disposition shall not be available
8 to the following offenders:
9 (i) An adult whose amount of alcohol by weight in
10 the blood was 0.20% or greater.
11 (ii) A minor whose amount of alcohol by weight in
12 the blood was 0.04% or greater.
13 * * *
14 Section 2. The amendment or addition of 75 Pa.C.S. §
15 3731(e)(1)(i) and (1.1) shall apply to offenses committed on or
16 after the effective date of this act.
17 Section 3. This act shall take effect in 60 days.
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