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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY RAFFERTY, ORIE, FONTANA, ERICKSON, KASUNIC, BRUBAKER, BREWSTER, FARNESE AND WOZNIAK, FEBRUARY 14, 2011 |
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| REFERRED TO TRANSPORTATION, FEBRUARY 14, 2011 |
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| AN ACT |
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1 | Amending Title 75 (Vehicles) of the Pennsylvania Consolidated |
2 | Statutes, in driving after imbibing alcohol or utilizing |
3 | drugs, further providing for grading and for penalties. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Sections 3803(b) of Title 75 of the Pennsylvania |
7 | Consolidated Statutes is amended to read: |
8 | § 3803. Grading. |
9 | * * * |
10 | (b) Other offenses.-- |
11 | (1) An individual who violates section 3802(a)(1) where |
12 | there was an accident resulting in bodily injury, serious |
13 | bodily injury or death of any person or in damage to a |
14 | vehicle or other property, or who violates section 3802(b), |
15 | (e) or (f) and who has no more than one prior offense commits |
16 | a misdemeanor for which the individual may be sentenced to a |
17 | term of imprisonment of not more than six months and to pay a |
18 | fine under section 3804. |
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1 | (2) An individual who violates section 3802(a)(1) where |
2 | the individual refused testing of blood or breath, or who |
3 | violates section 3802(c) or (d) and who has no prior offenses |
4 | commits a misdemeanor for which the individual may be |
5 | sentenced to a term of imprisonment of not more than six |
6 | months and to pay a fine under section 3804. |
7 | (3) An individual who violates section 3802(a)(1) where |
8 | there was an accident resulting in bodily injury, serious |
9 | bodily injury or death of any person or in damage to a |
10 | vehicle or other property, or who violates section 3802(b), |
11 | (e) or (f) and who has more than one prior offense commits a |
12 | misdemeanor of the first degree. |
13 | (4) An individual who violates section 3802(a)(1) where |
14 | the individual refused testing of blood or breath, or who |
15 | violates section 3802(c) or (d) and who has one or more prior |
16 | offenses commits a misdemeanor of the first degree. |
17 | (5) An individual who violates section 3802 where a |
18 | minor under 18 years of age was an occupant in the vehicle |
19 | when the violation occurred commits a misdemeanor of the |
20 | first degree. |
21 | Section 2. Section 3804(k) of Title 75 is amended and the |
22 | section is amended by adding a subsection to read: |
23 | § 3804. Penalties. |
24 | * * * |
25 | (c.1) Violation involving minor occupant.--An individual who |
26 | violates section 3803(b)(5) (relating to grading), in addition |
27 | to any penalty imposed in this chapter, shall be sentenced as |
28 | follows: |
29 | (1) For a first offense, to: |
30 | (i) pay a fine of not less than $1,000; and |
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1 | (ii) complete 100 hours of community service. |
2 | (2) For a second offense, to: |
3 | (i) pay a fine of not less than $2,500; and |
4 | (ii) undergo imprisonment of not less than one month |
5 | nor more than six months. |
6 | (3) For a third or subsequent offense, undergo |
7 | imprisonment of not less than six months nor more than two |
8 | years. |
9 | * * * |
10 | (k) Nonapplicability.--Except for subsection (e), this |
11 | section shall not apply to dispositions resulting from |
12 | proceedings under 42 Pa.C.S. Ch. 63 [(relating to juvenile |
13 | matters)]. |
14 | Section 3. This act shall take effect in 60 days. |
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