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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| 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 |
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| REFERRED TO COMMITTEE ON TRANSPORTATION, APRIL 8, 2009 |
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| AN ACT |
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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 |
6 | hereby enacts as follows: |
7 | Section 1. Sections 3803, 3804 and 3805 of Title 75 of the |
8 | Pennsylvania Consolidated Statutes are amended to read: |
9 | § 3803. Grading. |
10 | (a) Basic offenses.--Notwithstanding the provisions of |
11 | subsection (b): |
12 | (1) An individual who violates section 3802(a) (relating |
13 | to driving under influence of alcohol or controlled |
14 | substance) and has no more than one prior offense commits a |
15 | 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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1 | more than one prior offense commits a misdemeanor of the |
2 | second degree. |
3 | (b) Other offenses.-- |
4 | (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), |
8 | (e) or (f) and who has no more than one prior offense commits |
9 | 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 |
14 | violates section 3802(c) or (d) and who has no prior offenses |
15 | commits a misdemeanor for which the individual may be |
16 | 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 |
19 | there was an accident resulting in bodily injury, serious |
20 | bodily injury or death of any person or in damage to a |
21 | vehicle or other property, or who violates section 3802(b), |
22 | (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). |
29 | (5) An individual who violates section 3802(b) for the |
30 | fourth or subsequent time or who violates section 3802(c) for |
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1 | the third or subsequent time commits a felony of the third |
2 | degree. |
3 | (6) An individual who violates section 3802(c) for a |
4 | fourth or subsequent time commits a felony of the second |
5 | degree. |
6 | § 3804. Penalties. |
7 | (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: |
11 | (1) For a first offense, to: |
12 | (i) undergo a mandatory minimum term of six months' |
13 | probation; |
14 | (ii) pay a fine of $300; |
15 | (iii) attend an alcohol highway safety school |
16 | approved by the department; and |
17 | (iv) comply with all drug and alcohol treatment |
18 | requirements imposed under sections 3814 (relating to |
19 | drug and alcohol assessments) and 3815 (relating to |
20 | mandatory sentencing). |
21 | (2) For a second offense, to: |
22 | (i) undergo imprisonment for not less than five |
23 | days; |
24 | (ii) pay a fine of not less than $300 nor more than |
25 | $2,500; |
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 or subsequent offense, to: |
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1 | (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 |
9 | 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: |
14 | (i) undergo imprisonment of not less than 48 |
15 | consecutive hours; |
16 | (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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1 | (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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1 | (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 |
21 | 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.-- |
29 | (1) The department shall suspend the operating privilege |
30 | of an individual under paragraph (2) upon receiving a |
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1 | certified record of the individual's conviction of or an |
2 | adjudication of delinquency for: |
3 | (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. |
17 | (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 |
27 | 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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1 | 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.-- |
20 | (1) In addition to any other penalty imposed under this |
21 | section, the court may order a person who violates section |
22 | 3802 to attend a victim impact panel program. |
23 | (2) A victim impact panel program shall provide a |
24 | nonconfrontational forum for driving under the influence |
25 | 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 |
28 | 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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1 | the court shall determine and shall be operated in |
2 | consultation with the Mothers Against Drunk Driving - |
3 | 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 |
7 | 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 |
14 | and Delinquency, the Office of Victim Advocate, the |
15 | Administrative Office of Pennsylvania Courts, county |
16 | officials, the Mothers Against Drunk Driving - Pennsylvania |
17 | State Organization and the Pennsylvania DUI Association. The |
18 | 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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1 | (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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1 | 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 |
20 | following occur: |
21 | (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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1 | (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. |
21 | (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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1 | 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: |
25 | (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: |
30 | (i) the employer has been notified that the employee |
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1 | 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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1 | 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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