Bill Text: PA SB954 | 2011-2012 | Regular Session | Introduced


Bill Title: Further providing for driving under influence of alcohol or controlled substance.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2011-11-01 - Referred to JUDICIARY [SB954 Detail]

Download: Pennsylvania-2011-SB954-Introduced.html

  

 

    

PRINTER'S NO.  1090

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

954

Session of

2011

  

  

INTRODUCED BY EICHELBERGER, STACK, VOGEL, ERICKSON, KASUNIC, ALLOWAY, WOZNIAK, D. WHITE, RAFFERTY, BREWSTER, TARTAGLIONE, FARNESE AND WARD, APRIL 25, 2011

  

  

REFERRED TO TRANSPORTATION, APRIL 25, 2011  

  

  

  

AN ACT

  

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Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

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Statutes, further providing for driving under influence of

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alcohol or controlled substance.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Section 3802(d) of Title 75 of the Pennsylvania

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Consolidated Statutes is amended to read:

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§ 3802.  Driving under influence of alcohol or controlled

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substance.

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* * *

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(d)  Controlled substances.--An individual may not drive,

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operate or be in actual physical control of the movement of a

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vehicle under any of the following circumstances:

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(1)  There is in the individual's blood any amount of a:

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(i)  Schedule I controlled substance, as defined in

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the act of April 14, 1972 (P.L.233, No.64), known as The

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Controlled Substance, Drug, Device and Cosmetic Act;

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(ii)  Schedule II or Schedule III controlled

 


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substance, as defined in The Controlled Substance, Drug,

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Device and Cosmetic Act, which has not been medically

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prescribed for the individual; or

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(iii)  metabolite of a substance under subparagraph

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(i) or (ii).

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(2)  The individual is under the influence of a drug or

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combination of drugs to a degree which impairs the

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individual's ability to safely drive, operate or be in actual

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physical control of the movement of the vehicle.

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(3)  The individual is under the combined influence of

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alcohol and a drug or combination of drugs to a degree which

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impairs the individual's ability to safely drive, operate or

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be in actual physical control of the movement of the vehicle.

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(4)  The individual is under the influence of a solvent

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or noxious substance in violation of 18 Pa.C.S. § 7303 

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(relating to sale or illegal use of certain solvents and

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noxious substances).

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(5)  There is in the individual's blood an amount of

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methadone which exceeds the amount prescribed to the

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individual or there is in the individual's blood any amount

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of methadone in combination with alcohol or other drugs.

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

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