PRINTER'S NO. 582
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
37
Session of
2023
INTRODUCED BY BROWN, LANGERHOLC, FLYNN, STEFANO, SCHWANK,
SANTARSIERO AND CULVER, APRIL 10, 2023
REFERRED TO TRANSPORTATION, APRIL 10, 2023
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in general provisions, further providing for
definitions; in licensing of drivers, further providing for
learners' permits and for examination of applicant for
driver's license; in rules of the road in general, further
providing for prohibiting text-based communications and
providing for prohibiting use of interactive wireless
communications devices; in miscellaneous provisions relating
to serious traffic offenses, further providing for the
offense of homicide by vehicle and for the offense of
aggravated assault by vehicle; and imposing penalties.
This act may be referred to as Paul Miller's Law.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "interactive wireless
communications device" in section 102 of Title 75 of the
Pennsylvania Consolidated Statutes is amended to read:
§ 102. Definitions.
Subject to additional definitions contained in subsequent
provisions of this title which are applicable to specific
provisions of this title, the following words and phrases when
used in this title shall have, unless the context clearly
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indicates otherwise, the meanings given to them in this section:
* * *
"Interactive wireless communications device." A wireless
telephone, personal digital assistant, smart phone, portable or
mobile computer or similar device which can be used for voice
communication, texting, [e-mailing] emailing, browsing the
Internet [or], instant messaging[.], playing games, taking or
transmitting images, recording or broadcasting videos, creating
or sharing social media or otherwise sending or receiving
electronic data. The term does not include any of the following:
(1) a device being used exclusively as a global
positioning or navigation system;
(2) a system or device that is physically or
electronically integrated into the vehicle[; or], except
being connected to the vehicle solely for the purpose of
charging the system or device;
(3) a [communications] device that is affixed to a mass
transit vehicle, bus or school bus[.];
(4) a mobile or handheld radio being used by a person
with an amateur radio station license issued by the Federal
Communications Commission;
(5) a device being used exclusively for emergency
notification purposes;
(6) a device being used exclusively by an emergency
service responder while operating an emergency vehicle and
engaged in the performance of duties; or
(7) a device being used exclusively by a commercial
driver who within the scope of the individual's employment
uses a device if the use is permitted under regulations
promulgated under 49 U.S.C. § 31136 (relating to United
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States Government regulations).
* * *
Section 2. Section 1505(e)(2) of Title 75 is amended to
read:
§ 1505. Learners' permits.
* * *
(e) Authorization to test for driver's license and junior
driver's license.--A person with a learner's permit is
authorized to take the examination for a regular or junior
driver's license for the class of vehicle for which a permit is
held. Before a person under the age of 18 years may take the
examination for a junior driver's license, including a Class M
license to operate a motorcycle, the minor must:
* * *
(2) Present to the department a certification form
signed by the father, mother, guardian, person in loco
parentis or spouse of a married minor stating that the minor
applicant has:
(i) completed 65 hours of practical driving
experience accompanied as required under subsection (b);
[and]
(ii) except for a Class M license to operate a
motorcycle, the 65 hours included no less than ten hours
of nighttime driving and five hours of inclement weather
driving[.]; and
(iii) viewed educational materials provided on the
department's publicly accessible Internet website on the
dangers of distracted driving, which may include, but are
not limited to, written, electronic or video materials.
* * *
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Section 3. Section 1508 of Title 75 is amended by adding a
subsection to read:
§ 1508. Examination of applicant for driver's license.
* * *
(c.1) Distracted driving awareness.--The portion of the
examination on traffic laws shall contain at least one question
on distracted driving relating to the driver's ability to
understand the effects of distracted driving. The driver's
manual shall include a section relating to distracted driving,
along with related penalties .
* * *
Section 4. Section 3316(a) and (d) of Title 75 are amended
to read:
§ 3316. Prohibiting text-based communications.
(a) Prohibition.--[No driver shall operate a motor vehicle
on a highway or trafficway in this Commonwealth while using an
interactive wireless communications device to send, read or
write a text-based communication while the vehicle is in motion.
A person does not send, read or write a text-based communication
when the person reads, selects or enters a telephone number or
name in an interactive wireless communications device for the
purpose of activating or deactivating a voice communication or a
telephone call.] No driver shall operate a motor vehicle on a
highway or trafficway in this Commonwealth while physically
using an interactive wireless communications device to send,
read or write a text-based communication. A person does not
send, read or write a text-based communication when:
(1) the driver reads, selects or enters a telephone
number or name in an interactive wireless communications
device for the purposes of activating or deactivating a voice
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communication or a telephone call; or
(2) the driver sends or receives the text-based
communication through a hands-free accessory or other system
or device integrated into the vehicle that allows for the
sending or receiving of text-based communications without the
need for the driver to touch the interactive wireless
communications device or read the text-based communication.
* * *
(d) Penalty.--[A person who violates subsection (a) commits
a summary offense and shall, upon conviction, be sentenced to
pay a fine of $50.] A person who violates subsection (a) commits
a summary offense and shall, upon conviction, be sentenced to
pay a fine of $100. The following shall apply:
(1) No points shall be added to the record of a driver
on account of a violation of this section.
(2) No costs or surcharges imposed under section 6506
(relating to surcharge) or 42 Pa.C.S. § 1725.1 (relating to
costs) shall be assessed or imposed on a conviction under
this section.
* * *
Section 5. Title 75 is amended by adding a section to read:
§ 3316.1. Prohibiting use of interactive wireless
communications devices.
(a) Prohibition.--No driver shall operate a motor vehicle on
a highway or trafficway in this Commonwealth while physically
holding or supporting with their body an interactive wireless
communications device, unless the motor vehicle is parked on the
side or shoulder of a highway or trafficway in this Commonwealth
where the motor vehicle is safely able to remain stationary.
(b) Seizure.--The provisions of this section shall not be
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construed as authorizing the seizure or forfeiture of an
interactive wireless communications device unless otherwise
provided by law.
(c) Penalties.--
(1) Except as provided for in paragraph (2) and
subsection (f), a person who violates this section commits a
summary offense. The following shall apply:
(i) For a first conviction with no conviction of and
no plea of no contest accepted to a charge of violating
this section within the previous 24-month period, as
measured from the dates any previous convictions were
obtained or pleas of no contest were accepted to the date
the current conviction is obtained or plea of no contest
is accepted, a fine of not more than $150 shall be
imposed.
(ii) For a second conviction within a 24-month
period of time, as measured from the dates any previous
convictions were obtained or pleas of no contest were
accepted to the date the current conviction is obtained
or plea of no contest is accepted, a fine of not more
than $250 and two points shall be imposed.
(iii) For a third or subsequent conviction within a
24-month period of time, as measured from the dates any
previous convictions were obtained or pleas of no contest
were accepted to the date the current conviction is
obtained or plea of no contest is accepted, a fine of not
more than $500, three points and, at the court's
discretion, suspension of the offender's driver's license
for a period of 60 days shall be imposed.
(2) A person appearing before a court for a first charge
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of violating this section who produces in court a device or
proof of purchase of the device that would allow the person
to comply with this section in the future shall not be guilty
of the offense. The court shall require the person to affirm
that they have not previously utilized the privilege under
this section.
(3) A person convicted of a violation of any law or
ordinance pertaining to speed when the offender was also
distracted, as described in this section, shall have points
imposed as follows:
(i) When the speed exceeds the lawful speed limit by
30 miles per hour or more, four points.
(ii) When the speed exceeds the lawful speed limit
of 55 miles per hour or more by more than 10 miles per
hour, three points.
(iii) When the speed exceeds the lawful speed limit
of less than 55 miles per hour by more than five miles
per hour, three points.
(4) A person who causes physical harm to property as the
proximate result of committing a violation of this section
commits a misdemeanor of the first degree. In addition to any
other authorized penalty, the court shall impose upon the
offender a fine of not less than $500 and not more than
$1,000 and three points.
(5) A person who causes serious physical harm to another
person as the proximate result of committing a violation of
this section commits aggravated assault by vehicle and shall
be subject to the sentencing provisions under section 3732.1
(relating to aggravated assault by vehicle).
(6) A person who causes the death of another person as
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the proximate result of committing a violation of this
section commits homicide by vehicle and shall be subject to
the sentencing provisions under section 3732 (relating to
homicide by vehicle).
(d) Preemption of local ordinances.--In accordance with
section 6101 (relating to applicability and uniformity of
title), this section supersedes and preempts all ordinances of
any municipality with regard to the use of an interactive
wireless communications device by a driver of a motor vehicle.
(e) Law enforcement education.--The department, in
consultation with the Pennsylvania State Police, shall develop
and electronically distribute education materials for law
enforcement on how to effectively detect distracted drivers,
regardless of age, sex, race or ethnicity, who violate this
section.
(f) Warning period.--For the first six months after the
effective date of this subsection, a driver who violates
subsection (a) may only be issued a written warning for a
violation.
(g) Prohibition on similar citations.--No person may be
charged with a violation of section 3316 (relating to
prohibiting text-based communications) concurrently with a
violation of subsection (a) for an offense committed at the same
time and place.
(h) Reporting.--
(1) When a law enforcement officer employed by a police
department with at least 100 officers issues a citation for a
violation of this section, the law enforcement officer must
record the following:
(i) the reason for the stop;
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(ii) the date, time and street address or
approximate location of the stop;
(iii) the perceived race and ethnicity of the driver
subject to the stop;
(iv) the perceived gender and age of the driver
subject to the stop;
(v) whether a search was initiated, including a
search of a vehicle or the vehicle operator and, if a
search was initiated, whether the search was conducted
with the consent of the operator;
(vi) the results of any search;
(vii) whether the stop or subsequent search resulted
in a warning, citation, arrest or other action; and
(viii) the badge number of the police officer
initiating the stop.
(2) All law enforcement agencies with at least 100
officers must maintain and report the information under
paragraph (1) to the Administrative Office of Pennsylvania
Courts in a form and manner determined by the Administrative
Office of Pennsylvania Courts.
Section 6. Sections 3732(b)(1.1) and (3) and 3732.1(b)(2)
and (4) of Title 75 are amended to read:
§ 3732. Homicide by vehicle.
* * *
(b) Sentencing.--
* * *
(1.1) In addition to any other penalty provided by law,
a person convicted of a violation of subsection (a) who is
also convicted of a violation of section 1501 (relating to
drivers required to be licensed), 1543 (relating to driving
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while operating privilege is suspended or revoked), 3316
(relating to prohibiting text-based communications), 3316.1
(relating to prohibiting use of interactive wireless
communications devices), 3325 (relating to duty of driver on
approach of emergency vehicle) or 3327 (relating to duty of
driver in emergency response areas and in relation to
disabled vehicles) may be sentenced to an additional term not
to exceed five years' confinement.
* * *
(3) The Pennsylvania Commission on Sentencing, pursuant
to 42 Pa.C.S. § 2154 (relating to adoption of guidelines for
sentencing), shall provide for a sentencing enhancement for
an offense under this section when the violation occurred in
an active work zone or the individual was also convicted of a
violation of section 1501, 1543, 3316, 3316.1, 3325 or 3327.
§ 3732.1. Aggravated assault by vehicle.
* * *
(b) Sentencing.--
* * *
(2) In addition to any other penalty provided by law, a
person convicted of a violation of subsection (a) who is also
convicted of a violation of section 1501 (relating to drivers
required to be licensed), 1543 (relating to driving while
operating privilege is suspended or revoked), 3316 (relating
to prohibiting text-based communications), 3316.1 (relating
to prohibiting use of interactive wireless communications
devices), 3325 (relating to duty of driver on approach of
emergency vehicle) or 3327 (relating to duty of driver in
emergency response areas and in relation to disabled
vehicles) may be sentenced to an additional term not to
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exceed two years' confinement.
* * *
(4) The Pennsylvania Commission on Sentencing, under 42
Pa.C.S. § 2154 (relating to adoption of guidelines for
sentencing), shall provide for a sentencing enhancement for
an offense under this section when the violation occurred in
an active work zone or the individual was also convicted of a
violation of section 1501, 1543, 3316, 3316.1, 3325 or 3327.
Section 7. This act shall take effect in 180 days.
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