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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY HOUGHTON, BRIGGS, CREIGHTON, DAY, DONATUCCI, GROVE, HORNAMAN, MILNE, MURPHY, SIPTROTH, STABACK, SWANGER, J. TAYLOR AND VULAKOVICH, MARCH 12, 2009 |
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| REFERRED TO COMMITTEE ON TRANSPORTATION, MARCH 12, 2009 |
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| AN ACT |
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1 | Amending Title 75 (Vehicles) of the Pennsylvania Consolidated |
2 | Statutes, further providing for ignition interlock. |
3 | The General Assembly of the Commonwealth of Pennsylvania |
4 | hereby enacts as follows: |
5 | Section 1. Section 3805(a) introductory paragraph of Title |
6 | 75 of the Pennsylvania Consolidated Statutes is amended and the |
7 | section is amended by adding a subsection to read: |
8 | § 3805. Ignition interlock. |
9 | (a) General rule.--[If] Except as provided under subsection |
10 | (a.1), if a person violates section 3802 (relating to driving |
11 | under influence of alcohol or controlled substance) and[, within |
12 | the past ten years,] has a prior offense as defined in section |
13 | 3806(a) (relating to prior offenses) or has had their operating |
14 | privileges suspended pursuant to section 1547(b.1) (relating to |
15 | chemical testing to determine amount of alcohol or controlled |
16 | substance) or 3808(c) (relating to illegally operating a motor |
17 | vehicle not equipped with ignition interlock) and the person |
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1 | seeks a restoration of operating privileges, the department |
2 | shall require as a condition of issuing a restricted license |
3 | pursuant to this section that the following occur: |
4 | * * * |
5 | (a.1) Elevated rate of alcohol rule.--If a person violates |
6 | section 3802(b) or (c) and the person seeks a restoration of |
7 | operating privileges, the department shall require as a |
8 | condition of issuing a restricted license under this section |
9 | that the following occur: |
10 | (1) Each motor vehicle owned by the person or registered |
11 | to the person has been equipped with an ignition interlock |
12 | system and remains so for the duration of the restricted |
13 | license period. |
14 | (2) If there are no motor vehicles owned by the person |
15 | or registered to the person, that the person so certify to |
16 | the department. A person so certifying shall be deemed to |
17 | have satisfied the requirement that all motor vehicles owned |
18 | by the person or registered to the person be equipped with an |
19 | ignition interlock system as required by this subsection. |
20 | * * * |
21 | Section 2. This act shall take effect in 60 days. |
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