Share:
House Co-Sponsorship Memoranda
House of Representatives
Session of 2021 - 2022
Regular Session
MEMORANDUM
| Posted: | February 23, 2021 04:21 PM |
|---|---|
| From: | Representative Natalie Mihalek |
| To: | All House members |
| Subject: | ARD as Prior Conviction |
| Last year, the Pennsylvania Superior Court held that the prior acceptance of an Accelerated Rehabilitative Disposition (ARD) for an offense may not be treated as a “prior conviction” for purposes of increasing the criminal penalties for subsequent offenses. ARD, which is a unique diversionary program offered to many first-time offenders, presents a pathway to the dismissal and expungement of all charges arising from a criminal episode. It is a program designed to not only grant second chances for defendants charged with minor offenses, but to also eliminate costly court proceedings and free up District Attorney resources that can be better utilized elsewhere. Prior to this court decision a District Attorney would, in most circumstances, offer ARD to a first-time offender charged with DUI. If this offender was charged with a subsequent DUI, it would be treated as a DUI – Second Offense, which carries a stiffer criminal penalty than a DUI – First Offense. However, as a result of this decision, the acceptance of ARD by an offender charged with DUI now means that a subsequent DUI conviction will be treated as a first offense for that offender. As a result, many prosecutors now refuse to offer ARD to first-time DUI offenders. Accordingly, I intend to introduce legislation in the near future that will ensure that a defendant’s acceptance of ARD will be treated as a prior offense for purposes of determining the grading and penalty of any subsequent offense. Prior to admission into the ARD program, this legislation would require a defendant to admit that the prosecution’s evidence would prove the elements of the offense beyond a reasonable doubt, that this admission constitutes a prior conviction, and that the right to challenge the use of ARD as a prior conviction is knowingly and voluntarily waived. I hope you will join me in cosponsoring this important legislation to better protect our Commonwealth residents. |