PRINTER'S NO.  1475

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

1242

Session of

2009

  

  

INTRODUCED BY PAYNE, D. COSTA, CREIGHTON, GILLESPIE, GROVE, KAUFFMAN, MAJOR, MILNE, MOUL, PYLE, READSHAW, ROCK, SCAVELLO, SIPTROTH, K. SMITH, SOLOBAY, SWANGER, TRUE AND VULAKOVICH, APRIL 8, 2009

  

  

REFERRED TO COMMITTEE ON TRANSPORTATION, APRIL 8, 2009  

  

  

  

AN ACT

  

1

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

2

Statutes, further providing, in driving after imbibing

3

alcohol or utilizing drugs, for grading, for penalties and

4

for ignition interlock.

5

The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Sections 3803, 3804 and 3805 of Title 75 of the

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Pennsylvania Consolidated Statutes are amended to read:

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§ 3803.  Grading.

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(a)  Basic offenses.--Notwithstanding the provisions of

11

subsection (b):

12

(1)  An individual who violates section 3802(a) (relating

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to driving under influence of alcohol or controlled

14

substance) and has no more than one prior offense commits a

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misdemeanor for which the individual may be sentenced to a

16

term of imprisonment of not more than six months and to pay a

17

fine under section 3804 (relating to penalties).

18

(2)  An individual who violates section 3802(a) and has

 


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more than one prior offense commits a misdemeanor of the

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second degree.

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(b)  Other offenses.--

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(1)  An individual who violates section 3802(a)(1) where

5

there was an accident resulting in bodily injury, serious

6

bodily injury or death of any person or in damage to a

7

vehicle or other property, or who violates section 3802(b),

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(e) or (f) and who has no more than one prior offense commits

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a misdemeanor for which the individual may be sentenced to a

10

term of imprisonment of not more than six months and to pay a

11

fine under section 3804.

12

(2)  An individual who violates section 3802(a)(1) where

13

the individual refused testing of blood or breath, or who

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violates section 3802(c) or (d) and who has no prior offenses

15

commits a misdemeanor for which the individual may be

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sentenced to a term of imprisonment of not more than six

17

months and to pay a fine under section 3804.

18

(3)  An individual who violates section 3802(a)(1) where

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there was an accident resulting in bodily injury, serious

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bodily injury or death of any person or in damage to a

21

vehicle or other property, or who violates section 3802(b),

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(e) or (f) and who has more than one prior offense commits a

23

misdemeanor of the first degree.

24

(4)  An individual who violates section 3802(a)(1) where

25

the individual refused testing of blood or breath, or who

26

violates section 3802(c) or (d) and who has one or more prior

27

offenses commits a misdemeanor of the first degree, except as

28

provided under paragraph (5).

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(5)  An individual who violates section 3802(b) for the

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fourth or subsequent time or who violates section 3802(c) for

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the third or subsequent time commits a felony of the third

2

degree.

3

(6)  An individual who violates section 3802(c) for a

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fourth or subsequent time commits a felony of the second

5

degree.

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§ 3804.  Penalties.

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(a)  General impairment.--Except as set forth in subsection

8

(b) or (c), an individual who violates section 3802(a) (relating

9

to driving under influence of alcohol or controlled substance)

10

shall be sentenced as follows:

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(1)  For a first offense, to:

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(i)  undergo a mandatory minimum term of six months'

13

probation;

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(ii)  pay a fine of $300;

15

(iii)  attend an alcohol highway safety school

16

approved by the department; and

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(iv)  comply with all drug and alcohol treatment

18

requirements imposed under sections 3814 (relating to

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drug and alcohol assessments) and 3815 (relating to

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mandatory sentencing).

21

(2)  For a second offense, to:

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(i)  undergo imprisonment for not less than five

23

days;

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(ii)  pay a fine of not less than $300 nor more than

25

$2,500;

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(iii)  attend an alcohol highway safety school

27

approved by the department; and

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(iv)  comply with all drug and alcohol treatment

29

requirements imposed under sections 3814 and 3815.

30

(3)  For a third or subsequent offense, to:

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(i)  undergo imprisonment of not less than ten days;

2

(ii)  pay a fine of not less than $500 nor more than

3

$5,000; and

4

(iii)  comply with all drug and alcohol treatment

5

requirements imposed under sections 3814 and 3815.

6

(b)  High rate of blood alcohol; minors; commercial vehicles

7

and school buses and school vehicles; accidents.--Except as set

8

forth in subsection (c), an individual who violates section

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3802(a)(1) where there was an accident resulting in bodily

10

injury, serious bodily injury or death of any person or damage

11

to a vehicle or other property or who violates section 3802(b),

12

(e) or (f) shall be sentenced as follows:

13

(1)  For a first offense, to:

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(i)  undergo imprisonment of not less than 48

15

consecutive hours;

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(ii)  pay a fine of not less than $500 nor more than

17

$5,000;

18

(iii)  attend an alcohol highway safety school

19

approved by the department; and

20

(iv)  comply with all drug and alcohol treatment

21

requirements imposed under sections 3814 and 3815.

22

(2)  For a second offense, to:

23

(i)  undergo imprisonment of not less than 30 days;

24

(ii)  pay a fine of not less than $750 nor more than

25

$5,000;

26

(iii)  attend an alcohol highway safety school

27

approved by the department; and

28

(iv)  comply with all drug and alcohol treatment

29

requirements imposed under sections 3814 and 3815.

30

(3)  For a third offense, to:

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(i)  undergo imprisonment of not less than 90 days;

2

(ii)  pay a fine of not less than [$1,500] $5,000 nor

3

more than $10,000; and

4

(iii)  comply with all drug and alcohol treatment

5

requirements imposed under sections 3814 and 3815.

6

(4)  For a fourth or subsequent offense, to:

7

(i)  undergo imprisonment of not less than one year;

8

(ii)  pay a fine of not less than [$1,500] $10,000 

9

nor more than [$10,000] $15,000; and

10

(iii)  comply with all drug and alcohol treatment

11

requirements imposed under sections 3814 and 3815.

12

(c)  Incapacity; highest blood alcohol; controlled

13

substances.--An individual who violates section 3802(a)(1) and

14

refused testing of blood or breath or an individual who violates

15

section 3802(c) or (d) shall be sentenced as follows:

16

(1)  For a first offense, to:

17

(i)  undergo imprisonment of not less than 72

18

consecutive hours;

19

(ii)  pay a fine of not less than $1,000 nor more

20

than $5,000;

21

(iii)  attend an alcohol highway safety school

22

approved by the department; and

23

(iv)  comply with all drug and alcohol treatment

24

requirements imposed under sections 3814 and 3815.

25

(2)  For a second offense, to:

26

(i)  undergo imprisonment of not less than 90 days;

27

(ii)  pay a fine of not less than [$1,500] $5,000 and

28

not more than $10,000;

29

(iii)  attend an alcohol highway safety school

30

approved by the department; and

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(iv)  comply with all drug and alcohol treatment

2

requirements imposed under sections 3814 and 3815.

3

(3)  For a third [or subsequent] offense, to:

4

(i)  undergo imprisonment of not less than one year;

5

(ii)  pay a fine of not less than [$2,500] $10,000

6

and not more than $15,000; and

7

(iii)  comply with all drug and alcohol treatment

8

requirements imposed under sections 3814 and 3815.

9

(4)  For a fourth or subsequent offense, to:

10

(i)  undergo imprisonment for not less than two

11

years;

12

(ii)  pay a fine of not less than $15,000 and not

13

more than $20,000;

14

(iii)  comply with all drug and alcohol treatment

15

requirements imposed under sections 3814 and 3815; and

16

(iv)  undergo a Court Reporting Network evaluation.

17

(d)  Extended supervision of court.--If a person is sentenced

18

pursuant to this chapter and, after the initial assessment

19

required by section 3814(1), the person is determined to be in

20

need of additional treatment pursuant to section 3814(2), the

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judge shall impose a minimum sentence as provided by law and a

22

maximum sentence equal to the statutorily available maximum. A

23

sentence to the statutorily available maximum imposed pursuant

24

to this subsection may, in the discretion of the sentencing

25

court, be ordered to be served in a county prison,

26

notwithstanding the provisions of 42 Pa.C.S. § 9762 (relating to

27

sentencing proceeding; place of confinement).

28

(e)  Suspension of operating privileges upon conviction.--

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(1)  The department shall suspend the operating privilege

30

of an individual under paragraph (2) upon receiving a

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certified record of the individual's conviction of or an

2

adjudication of delinquency for:

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(i)  an offense under section 3802; or

4

(ii)  an offense which is substantially similar to an

5

offense enumerated in section 3802 reported to the

6

department under Article III of the compact in section

7

1581 (relating to Driver's License Compact).

8

(2)  Suspension under paragraph (1) shall be in

9

accordance with the following:

10

(i)  Except as provided for in subparagraph (iii), 12

11

months for an ungraded misdemeanor or misdemeanor of the

12

second degree under this chapter.

13

(ii)  18 months for a misdemeanor of the first degree

14

under this chapter.

15

(ii.1)  24 months for a felony of the third degree

16

under this chapter.

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(ii.2)  36 months for a felony of the second degree

18

under this chapter.

19

(iii)  There shall be no suspension for an ungraded

20

misdemeanor under section 3802(a) where the person is

21

subject to the penalties provided in subsection (a) and

22

the person has no prior offense.

23

(iv)  For suspensions imposed under paragraph (1)

24

(ii), notwithstanding any provision of law or enforcement

25

agreement to the contrary, all of the following apply:

26

(A)  Suspensions shall be in accordance with

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Subchapter D of Chapter 15 (relating to the Driver's

28

License Compact).

29

(B)  In calculating the term of a suspension for

30

an offense that is substantially similar to an

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offense enumerated in section 3802, the department

2

shall presume that if the conduct reported had

3

occurred in this Commonwealth then the person would

4

have been convicted under section 3802(a)(2).

5

(v)  Notwithstanding any other provision of law or

6

enforcement agreement to the contrary, the department

7

shall suspend the operating privilege of a driver for six

8

months upon receiving a certified record of a consent

9

decree granted under 42 Pa.C.S. Ch. 63 (relating to

10

juvenile matters) based on section 3802.

11

(f)  Community service assignments.--In addition to the

12

penalties set forth in this section, the sentencing judge may

13

impose up to 150 hours of community service. Where the

14

individual has been ordered to drug and alcohol treatment

15

pursuant to sections 3814 and 3815, the community service shall

16

be certified by the drug and alcohol treatment program as

17

consistent with any drug and alcohol treatment requirements

18

imposed under sections 3814 and 3815.

19

(f.1)  Victim impact panels.--

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(1)  In addition to any other penalty imposed under this

21

section, the court may order a person who violates section

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3802 to attend a victim impact panel program.

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(2)  A victim impact panel program shall provide a

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nonconfrontational forum for driving under the influence

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crash victims, their family members, their friends or other

26

pertinent persons to speak to driving under the influence

27

offenders about the impact of the crash on victims' lives and

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on the lives of families, friends and neighbors.

29

(3)  A victim impact panel shall be administrated through

30

the local office of probation and parole or other office as

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the court shall determine and shall be operated in

2

consultation with the Mothers Against Drunk Driving -

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Pennsylvania State Organization.

4

(4)  A victim impact panel program may assess a

5

reasonable participation fee to achieve program self-

6

sufficiency but may not operate for profit. The department

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shall establish an acceptable range of fees.

8

(5)  The department shall develop standards and

9

incentives to encourage counties to establish victim impact

10

panel programs. In developing these standards, the department

11

shall establish and chair a coordinating committee among

12

pertinent agencies and organizations, including the

13

Department of Health, the Pennsylvania Commission on Crime

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and Delinquency, the Office of Victim Advocate, the

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Administrative Office of Pennsylvania Courts, county

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officials, the Mothers Against Drunk Driving - Pennsylvania

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State Organization and the Pennsylvania DUI Association. The

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standards shall address items including all of the following:

19

(i)  Prototype design and structure standards for

20

victim impact panels.

21

(ii)  Training standards and curricula for

22

presenters, facilitators and administrators.

23

(iii)  Operations policy and guidelines manual.

24

(iv)  Evaluation standards, design and structure

25

allowing for the tracking and analysis of recidivism

26

data.

27

(v)  Standards for counseling and debriefing

28

activities for victim presenters.

29

(vi)  Standards for reimbursing reasonable costs to

30

victims for participation in panels.

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(vii)  Assistance to counties through coordinating

2

potential Federal and State funding streams to carry out

3

this subsection and to assist counties as may be needed.

4

(g)  Sentencing guidelines.--The sentencing guidelines

5

promulgated by the Pennsylvania Commission on Sentencing shall

6

not supersede the mandatory penalties of this section.

7

(h)  Appeal.--The Commonwealth has the right to appeal

8

directly to the Superior Court any order of court which imposes

9

a sentence for violation of this section which does not meet the

10

requirements of this section. The Superior Court shall remand

11

the case to the sentencing court for imposition of a sentence in

12

accordance with the provisions of this section.

13

(i)  First class cities.--Notwithstanding the provision for

14

direct appeal to the Superior Court, if, in a city of the first

15

class, a person appeals from a judgment of sentence under this

16

section from the municipal court to the common pleas court for a

17

trial de novo, the Commonwealth shall have the right to appeal

18

directly to the Superior Court from the order of the common

19

pleas court if the sentence imposed is in violation of this

20

section. If, in a city of the first class, a person appeals to

21

the court of common pleas after conviction of a violation of

22

this section in the municipal court and thereafter withdraws his

23

appeal to the common pleas court, thereby reinstating the

24

judgment of sentence of the municipal court, the Commonwealth

25

shall have 30 days from the date of the withdrawal to appeal to

26

the Superior Court if the sentence is in violation of this

27

section.

28

(j)  Additional conditions.--In addition to any other penalty

29

imposed under law, the court may sentence a person who violates

30

section 3802 to any other requirement or condition consistent

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with the treatment needs of the person, the restoration of the

2

victim to preoffense status or the protection of the public.

3

(k)  Nonapplicability.--Except for subsection (e), this

4

section shall not apply to dispositions resulting from

5

proceedings under 42 Pa.C.S. Ch. 63 (relating to juvenile

6

matters).

7

§ 3805.  Ignition interlock.

8

(a)  General rule.--If a person violates section 3802

9

(relating to driving under influence of alcohol or controlled

10

substance) and either is convicted under section 3802(c) for a

11

first offense or, within the past ten years, has a prior offense

12

as defined in section 3806(a) (relating to prior offenses) or

13

has had their operating privileges suspended pursuant to section

14

1547(b.1) (relating to chemical testing to determine amount of

15

alcohol or controlled substance) or 3808(c) (relating to

16

illegally operating a motor vehicle not equipped with ignition

17

interlock) and the person seeks a restoration of operating

18

privileges, the department shall require as a condition of

19

issuing a restricted license pursuant to this section that the

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following occur:

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(1)  Each motor vehicle owned by the person or registered

22

to the person has been equipped with an ignition interlock

23

system and remains so for the duration of the restricted

24

license period.

25

(2)  If there are no motor vehicles owned by the person

26

or registered to the person that the person so certify to the

27

department. A person so certifying shall be deemed to have

28

satisfied the requirement that all motor vehicles owned by

29

the person or registered to the person be equipped with an

30

ignition interlock system as required by this subsection.

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(b)  Application for a restricted license.--A person subject

2

to this section shall apply to the department for an ignition

3

interlock restricted license under section 1951 (relating to

4

driver's license and learner's permit), which shall be clearly

5

marked to restrict the person to only driving, operating or

6

being in actual physical control of the movement of motor

7

vehicles equipped with an ignition interlock system. Upon

8

issuance of an ignition interlock restricted license to any

9

person, the department shall notify the person that until the

10

person obtains an unrestricted license the person may not own,

11

register, drive, operate or be in actual physical control of the

12

movement of any motor vehicle which is not equipped with an

13

ignition interlock system.

14

(c)  Issuance of unrestricted license.--[One]

15

(1)  Except as provided under paragraphs (2), (3) and

16

(4), one year from the date of issuance of an ignition

17

interlock restricted license under this section, if otherwise

18

eligible, a person may be issued a replacement license under

19

section 1951(d) that does not contain the ignition interlock

20

system restriction.

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(2)  For the third violation of section 3802(b) and for

22

the second violation of 3802(c), the restricted license

23

period shall be two years.

24

(3)  For the fourth violation of section 3802(b) and for

25

the third violation of section 3802(c), the restricted

26

license period shall be five years.

27

(4)  For the fourth violation of section 3802(c), the

28

restricted license period shall never expire.

29

(d)  Prohibition.--Except as set forth in subsections (e) and

30

(f), until the person obtains an unrestricted license, the

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person may not own, register, drive, operate or be in actual

2

physical control of the movement of any motor vehicle within

3

this Commonwealth unless the motor vehicle is equipped with an

4

ignition interlock system.

5

(e)  Economic hardship exemption.--A person subject to the

6

requirements of subsection (a) may apply to the department for a

7

hardship exemption to the requirement that an ignition interlock

8

system must be installed in each of the person's motor vehicles.

9

Where the department determines that the applicant establishes

10

that such a requirement would result in undue financial

11

hardship, the department may permit the applicant to install an

12

ignition interlock system on only one of the applicant's motor

13

vehicles. However, the applicant in accordance with section 3808

14

(relating to illegally operating a motor vehicle not equipped

15

with ignition interlock) shall be prohibited from driving,

16

operating or being in actual physical control of the movement of

17

any motor vehicle, including any of the applicant's motor

18

vehicles, which is not equipped with an ignition interlock

19

system.

20

(f)  Employment exemption.--If a person with a restricted

21

license is required in the course and scope of employment to

22

drive, operate or be in actual physical control of the movement

23

of a motor vehicle owned by the person's employer, the following

24

apply:

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(1)  Except as set forth in paragraph (2), the person may

26

drive, operate or be in actual physical control of the

27

movement of that motor vehicle in the course and scope of

28

employment without installation of an ignition interlock

29

system if:

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(i)  the employer has been notified that the employee

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is restricted; and

2

(ii)  the employee has proof of the notification in

3

the employee's possession while driving, operating or

4

being in actual physical control of the movement of the

5

employer's motor vehicle. Proof of the notification may

6

be established only by the notarized signature of the

7

employer acknowledging notification on a form which shall

8

be provided by the department for this purpose and shall

9

include a contact telephone number of the employer.

10

(2)  Paragraph (1) does not apply in any of the following

11

circumstances:

12

(i)  To the extent that an employer-owned motor

13

vehicle is made available to the employee for personal

14

use.

15

(ii)  If the employer-owned motor vehicle is owned by

16

an entity which is wholly or partially owned by the

17

person subject to this section.

18

(iii)  If the employer-owned motor vehicle is a

19

school bus; a school vehicle; or a vehicle designed to

20

transport more than 15 passengers, including the driver.

21

(g)  Prohibition of authorization.--This section shall not

22

give the department authorization to impose an ignition

23

interlock requirement on a person that has committed an offense

24

under former section 3731 prior to October 1, 2003, without the

25

issuance of a court order.

26

(h)  Department approval.--An ignition interlock system

27

required to be installed under this title must be a system which

28

has been approved by the department. The department's approval

29

of ignition interlock systems shall be published in the

30

Pennsylvania Bulletin. Systems approved for use under former 42

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Pa.C.S. § 7002(d) (relating to ignition interlock systems for

2

driving under the influence) and any contracts for the

3

installation, maintenance and inspection of the systems in

4

effect as of the effective date of this section shall continue

5

to be approved and in effect until the department again

6

publishes approval of ignition interlock systems in the

7

Pennsylvania Bulletin and enters into new contracts in support

8

of the systems.

9

(h.1)  Mobile installation services.--

10

(1)  Approved service providers of department-certified

11

manufacturers of ignition interlock systems shall be

12

permitted to provide mobile installation of ignition

13

interlock systems within this Commonwealth.

14

(2)  Mobile installation of ignition interlock systems

15

shall be held to the same security and procedural standards

16

as provided in specifications of the department.

17

(3)  Approved service providers of mobile installation of

18

ignition interlock systems shall not permit the program

19

participant or any unauthorized personnel to witness the

20

installation of the ignition interlock system.

21

(4)  Regular maintenance of ignition interlocks after

22

mobile installation shall be performed according to the

23

specifications established by the department.

24

(i)  Offenses committed during a period for which an ignition

25

interlock restricted license has been issued.--Except as

26

provided in sections 1547(b.1) and 3808(c) (relating to

27

illegally operating a motor vehicle not equipped with ignition

28

interlock), any driver who has been issued an ignition interlock

29

restricted license and as to whom the department receives a

30

certified record of a conviction of an offense for which the

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1

penalty is a cancellation, disqualification, recall, suspension

2

or revocation of operating privileges shall have the ignition

3

interlock restricted license recalled, and the driver shall

4

surrender the ignition interlock restricted license to the

5

department or its agents designated under the authority of

6

section 1540 (relating to surrender of license). Following the

7

completion of the cancellation, disqualification, recall,

8

suspension or revocation which resulted in the recall of the

9

ignition interlock restricted license, the department shall

10

require that the person complete the balance of the ignition

11

interlock restricted license period previously imposed prior to

12

the issuance of a replacement license under section 1951(d) that

13

does not contain an ignition interlock restriction.

14

Section 2.  This act shall take effect in 60 days.

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