HOUSE AMENDED
PRIOR PRINTER'S NOS. 256, 819, 859, PRINTER'S NO. 1434
900, 1219, 900
No. 133 Session of 2003
INTRODUCED BY PRIME SPONSOR WITHDREW, COSTA, LAVALLE, DENT AND
LOGAN, FEBRUARY 10, 2003
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
MARCH 16, 2004
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated <--
2 Statutes, further providing for definitions, for revocation
3 of habitual offenders' licenses and for requirements for
4 driving under influence offenders; providing for violations
5 of ignition interlock system provisions; further providing
6 for occupational limited license and for penalties for
7 driving under the influence of alcohol or controlled
8 substances; and making repeals.
9 AMENDING TITLES 42 (JUDICIARY AND JUDICIAL PROCEDURE) AND 75 <--
10 (VEHICLES) OF THE PENNSYLVANIA CONSOLIDATED STATUTES, FURTHER
11 PROVIDING FOR JURISDICTION AND VENUE, FOR SENTENCE OF
12 INTERMEDIATE PUNISHMENT, FOR COUNTY INTERMEDIATE PUNISHMENT
13 PROGRAMS, FOR CHEMICAL TESTING TO DETERMINE AMOUNT OF ALCOHOL
14 OR CONTROLLED SUBSTANCE, FOR ACCELERATED REHABILITATIVE
15 DISPOSITION, FOR GRADING, FOR PENALTIES, FOR PRIOR OFFENSES,
16 FOR ILLEGALLY OPERATING A MOTOR VEHICLE NOT EQUIPPED WITH
17 IGNITION INTERLOCK, FOR MANDATORY SENTENCING AND FOR RIGHTS
18 AND LIABILITIES OF MINORS.
19 The General Assembly of the Commonwealth of Pennsylvania
20 hereby enacts as follows:
21 Section 1. Section 102 of Title 75 of the Pennsylvania <--
22 Consolidated Statutes is amended by adding a definition to read:
23 § 102. Definitions.
24 Subject to additional definitions contained in subsequent
1 provisions of this title which are applicable to specific
2 provisions of this title, the following words and phrases when
3 used in this title shall have, unless the context clearly
4 indicates otherwise, the meanings given to them in this section:
5 * * *
6 "Ignition interlock system." A system approved by the
7 department that prevents a vehicle from being started or
8 operated unless the operator first provides a breath sample
9 indicating that the operator has an alcohol level of less than
10 .025%.
11 * * *
12 Section 2. Section 1542(a), (d) and (e) of Title 75 are
13 amended to read:
14 § 1542. Revocation of habitual offender's license.
15 (a) General rule.--The department shall revoke the operating
16 privilege of any person found to be a habitual offender pursuant
17 to the provisions of this section. A "habitual offender" shall
18 be any person whose driving record, as maintained in the
19 department, shows that such person has accumulated the requisite
20 number of convictions for the separate and distinct offenses
21 described and enumerated in subsection (b) committed after the
22 effective date of this title and within any period of [five]
23 seven years thereafter.
24 * * *
25 (d) Period of revocation.--[The]
26 (1) Except as otherwise provided in paragraph (2), the
27 operating privilege of any person found to be a habitual
28 offender under the provisions of this section shall be
29 revoked by the department for a period of five years.
30 (2) If a person is found to be a habitual offender under
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1 this section and the three convictions are for offenses under
2 section 3731 (relating to driving under influence of alcohol
3 or controlled substance) or one of the three convictions is
4 for an offense under section 3735 (relating to homicide by
5 vehicle while driving under influence) or 3735.1 (relating to
6 aggravated assault by vehicle while driving under the
7 influence), the operating privilege of the person shall be
8 revoked by the department for ten years.
9 (e) Additional offenses.--Each additional offense committed
10 within a period of [five] seven years, as measured from the date
11 of any previous offense, shall result in a revocation for an
12 additional period of two years.
13 Section 3. Section 1548 of Title 75 is amended by adding a
14 subsection to read:
15 § 1548. Requirements for driving under influence offenders.
16 * * *
17 (g) Ignition interlock system.--
18 (1) Where a person's operating privileges are suspended
19 for a second or subsequent violation of section 3731 or a
20 similar out-of-State offense and the person seeks a
21 restoration of operating privileges, the ignition interlock
22 provider shall certify to the department that each currently
23 registered motor vehicle owned or leased by the person has
24 been equipped with an approved ignition interlock system.
25 (2) A person seeking restoration of operating privileges
26 who is subject to an ignition interlock system order pursuant
27 to section 3731(e)(10) shall apply to the department for an
28 ignition interlock restricted license under section 1951(d)
29 (relating to driver's license and learner's permit) which
30 will be clearly marked to restrict the person to operating
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1 only motor vehicles equipped with an approved ignition
2 interlock system.
3 (3) During the year immediately following the
4 restoration of the person's operating privilege and
5 thereafter until the person obtains an unrestricted license,
6 the person shall not operate any motor vehicle on a highway
7 within this Commonwealth unless the motor vehicle is equipped
8 with an approved ignition interlock system.
9 (4) Except as provided in paragraph (5), a person may
10 apply for an additional replacement license under section
11 1951(d) that does not contain the ignition interlock system
12 restriction one year from the date of issuance of an ignition
13 interlock restricted license under this section, if otherwise
14 eligible.
15 (5) A person whose operating privilege is suspended for
16 a second or subsequent violation of section 3731 or a similar
17 out-of-State offense who does not apply for an ignition
18 interlock restricted license shall not be eligible to apply
19 for the restoration of operating privileges for an additional
20 year after otherwise being eligible for restoration under
21 paragraph (1).
22 (6) The department shall be immediately notified of any
23 removal of an ignition interlock system required under this
24 subsection. Upon notification, the department shall reinstate
25 the suspension or revocation for a period of an additional
26 year.
27 (7) Whenever an ignition interlock system has been
28 installed or has been certified as installed under this
29 subsection, the ignition interlock system shall remain
30 installed on the vehicle for the entire period the ignition
20030S0133B1434 - 4 -
1 interlock system is required to be installed.
2 Section 4. Title 75 is amended by adding a section to read:
3 § 1548.1. Violation of ignition interlock system provisions.
4 (a) Operation without interlock system.--A person required
5 to operate only motor vehicles equipped with an approved
6 ignition interlock system who operates a motor vehicle on the
7 highways of this Commonwealth without an approved ignition
8 interlock system commits a felony of the third degree.
9 (b) Excess blood alcohol level.--A person required to
10 operate only motor vehicles equipped with an approved ignition
11 interlock system who, while operating the vehicle, provides a
12 breath sample to the ignition interlock system indicating that
13 he has an alcohol level of 0.025% or more shall be ineligible to
14 apply for an unrestricted license for a period of one year
15 beginning on the date that the breath sample was provided to the
16 ignition interlock system.
17 (c) Bypassing an ignition interlock system.--The following
18 shall apply:
19 (1) A person required to operate only motor vehicles
20 equipped with an approved ignition interlock system who
21 attempts to or operates a motor vehicle by using another
22 person to provide a breath sample to the ignition interlock
23 system commits a misdemeanor of the third degree.
24 (2) A person who provides a breath sample to an ignition
25 interlock system under paragraph (1) commits a summary
26 offense.
27 (d) Tampering with ignition interlock system.--A person who
28 tampers with an ignition interlock system required by law
29 commits a misdemeanor of the first degree.
30 (e) Suspension or revocation.--Upon receiving a certified
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1 record of conviction of any person under subsection (a), (c) or
2 (d), the department shall suspend or revoke the person's
3 operating privilege for a period of one year.
4 Section 5. Section 1553(d) of Title 75 is amended by adding
5 a paragraph to read:
6 § 1553. Occupational limited license.
7 * * *
8 (d) Unauthorized issuance.--The department shall prohibit
9 issuance of an occupational limited license to:
10 * * *
11 (19) Any person who has had the suspension of an
12 operating privilege reinstated under the provisions of
13 section 1548.1 (relating to violation of ignition interlock
14 system provisions).
15 * * *
16 Section 6. Section 3731(e)(1) of Title 75 is amended and the
17 subsection is amended by adding a paragraph to read:
18 § 3731. Driving under influence of alcohol or controlled
19 substance.
20 * * *
21 (e) Penalty.--
22 (1) Any person violating any of the provisions of this
23 section [is guilty of] commits a misdemeanor of the second
24 degree, except that a person convicted of a third [or
25 subsequent] offense [is guilty of a misdemeanor] commits a
26 misdemeanor of the first degree [, and the]. Any person
27 convicted of a fourth or subsequent offense or any person who
28 has previously been convicted of an offense under section
29 3735 (relating to homicide by vehicle while driving under
30 influence) or 3735.1 (relating to aggravated assault by
20030S0133B1434 - 6 -
1 vehicle while driving under the influence) regardless of the
2 number of prior convictions under this section within the
3 previous seven years commits a felony of the third degree.
4 The sentencing court shall order the person to pay a fine of
5 not less than $300 and serve a minimum term of imprisonment
6 of:
7 (i) Not less than 48 consecutive hours.
8 (ii) Not less than 30 days if the person has
9 previously accepted Accelerated Rehabilitative
10 Disposition or any other form of preliminary disposition,
11 been convicted of, adjudicated delinquent or granted a
12 consent decree under the Juvenile Act (42 Pa.C.S. § 6301
13 et seq.) based on an offense under this section or of an
14 equivalent offense in this or other jurisdictions within
15 the previous seven years.
16 (iii) Not less than 90 days if the person has twice
17 previously been convicted of, adjudicated delinquent or
18 granted a consent decree under the Juvenile Act based on
19 an offense under this section or of an equivalent offense
20 in this or other jurisdictions within the previous seven
21 years.
22 (iv) Not less than one year if the person has three
23 times previously been convicted of, adjudicated
24 delinquent or granted a consent decree under the Juvenile
25 Act based on an offense under this section or of an
26 equivalent offense in this or other jurisdictions or if
27 the person has previously been convicted of an offense
28 under section 3735 or 3735.1 within the previous seven
29 years.
30 * * *
20030S0133B1434 - 7 -
1 (10) The following shall apply:
2 (i) In addition to any other requirements imposed by
3 the court, where a person has been convicted for a first
4 offense under this section, the court may order the
5 installation of an approved ignition interlock system on
6 each currently registered motor vehicle owned or leased
7 by the person to be effective upon the restoration of
8 operating privileges by the department. A record shall be
9 submitted to the department when the court has ordered
10 the installation of an approved ignition interlock
11 device. Before the department may restore the person's
12 operating privilege, the department must receive a
13 certification from the ignition interlock provider that
14 the ignition interlock system has been installed.
15 (ii) In addition to any other requirements imposed
16 by the court, where a person has been convicted of a
17 second or subsequent violation of this section or a
18 similar out-of-State offense, the court shall order the
19 installation of an approved ignition interlock system on
20 each currently registered motor vehicle owned or leased
21 by the person to be effective upon the restoration of
22 operating privileges by the department. A record shall be
23 submitted to the department when the court has ordered
24 the installation of an approved ignition interlock
25 device. Before the department may restore the person's
26 operating privilege, the department must receive
27 certification from the ignition interlock provider that
28 the ignition interlock system has been installed.
29 (iii) For the purposes of this section, acceptance
30 of Accelerated Rehabilitative Disposition, an
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1 adjudication of delinquency or a consent decree upon 42
2 Pa.C.S Ch. 63 (relating to juvenile matters) or any other
3 form of preliminary disposition of any charge brought
4 under this section shall be considered a first
5 conviction.
6 (iv) An ignition interlock system required to be
7 installed under this section must be a system which has
8 been approved by the department. The department's
9 approval of ignition interlock systems shall be published
10 in the Pennsylvania Bulletin.
11 (v) An ignition interlock service provider shall
12 provide reports to the department and the court, if
13 requested, for each ignition interlock system.
14 (vi) The department shall develop training programs
15 for law enforcement, court officials and probation and
16 parole offices on ignition interlock systems including
17 the proper use, identification, technology and
18 limitations of an ignition interlock system.
19 * * *
20 Section 7. Sections 3735(a) and 3735.1(a) of Title 75 are
21 amended to read:
22 § 3735. Homicide by vehicle while driving under influence.
23 (a) Offense defined.--
24 (1) Any person who unintentionally causes the death of
25 another person as the result of a violation of section 3731
26 (relating to driving under influence of alcohol or controlled
27 substance) and who is convicted of violating section 3731 [is
28 guilty of] commits a felony of the second degree when the
29 violation is the cause of death and the sentencing court
30 shall order the person to serve a minimum term of
20030S0133B1434 - 9 -
1 imprisonment of not less than three years. A consecutive
2 three-year term of imprisonment shall be imposed for each
3 victim whose death is the result of the violation of section
4 3731.
5 (2) Any person who commits an offense under paragraph
6 (1) and who has been convicted of an offense under section
7 3731 two times within the previous seven years commits a
8 felony of the first degree.
9 * * *
10 § 3735.1. Aggravated assault by vehicle while driving under the
11 influence.
12 (a) Offense defined.--
13 (1) Any person who negligently causes serious bodily
14 injury to another person as the result of a violation of
15 section 3731 (relating to driving under influence of alcohol
16 or controlled substance) and who is convicted of violating
17 section 3731 commits a felony of the second degree when the
18 violation is the cause of the injury.
19 (2) Any person who commits an offense under paragraph
20 (1) and who has been convicted of an offense under section
21 3731 two times within the previous seven years commits a
22 felony of the first degree.
23 * * *
24 Section 8. The following acts and parts of acts are
25 repealed:
26 18 Pa.C.S. § 7514.
27 42 Pa.C.S. Ch. 70.
28 Section 9. The addition of 75 Pa.C.S. § 3731(e)(10) shall be
29 deemed a continuation of 18 Pa.C.S. § 7514 and 42 Pa.C.S. Ch.
30 70:
20030S0133B1434 - 10 -
1 (1) The repeal of 18 Pa.C.S. § 7514 and 42 Pa.C.S. Ch.
2 70 shall have no effect on the legality of actions committed
3 prior to the effective date of the repeal of 18 Pa.C.S. §
4 7514 and 42 Pa.C.S. Ch. 70.
5 (2) A prosecution for violation of 18 Pa.C.S. § 7514
6 which occurred prior to the effective date of the repeal of
7 18 Pa.C.S. § 7514 and 42 Pa.C.S. Ch. 70 may proceed
8 notwithstanding the repeal.
9 (3) Actions committed on or after the effective date of
10 the addition of 75 Pa.C.S. § 3731(e)(10) shall be subject to
11 75 Pa.C.S. § 3731(e)(10).
12 Section 10. This act shall take effect immediately.
13 SECTION 1. SECTION 1515(A) OF TITLE 42 OF THE PENNSYLVANIA <--
14 CONSOLIDATED STATUTES IS AMENDED BY ADDING A PARAGRAPH TO READ:
15 § 1515. JURISDICTION AND VENUE.
16 (A) JURISDICTION.--EXCEPT AS OTHERWISE PRESCRIBED BY GENERAL
17 RULE ADOPTED PURSUANT TO SECTION 503 (RELATING TO REASSIGNMENT
18 OF MATTERS), DISTRICT JUSTICES SHALL, UNDER PROCEDURES
19 PRESCRIBED BY GENERAL RULE, HAVE JURISDICTION OF ALL OF THE
20 FOLLOWING MATTERS:
21 * * *
22 (5.1) OFFENSES UNDER 75 PA.C.S. § 3808 (RELATING TO
23 ILLEGALLY OPERATING A MOTOR VEHICLE NOT EQUIPPED WITH
24 IGNITION INTERLOCK).
25 * * *
26 SECTION 2. SECTIONS 9763 HEADING, (A) AND (C) AND 9804(B) OF
27 TITLE 42, AMENDED SEPTEMBER 30, 2003 (P.L.120, NO.24), ARE
28 AMENDED TO READ:
29 § 9763. SENTENCE OF COUNTY INTERMEDIATE PUNISHMENT.
30 (A) GENERAL RULE.--IN IMPOSING A SENTENCE OF COUNTY
20030S0133B1434 - 11 -
1 INTERMEDIATE PUNISHMENT, THE COURT SHALL SPECIFY AT THE TIME OF
2 SENTENCING THE LENGTH OF THE TERM FOR WHICH THE DEFENDANT IS TO
3 BE IN [AN] A COUNTY INTERMEDIATE PUNISHMENT PROGRAM ESTABLISHED
4 UNDER CHAPTER 98 (RELATING TO COUNTY INTERMEDIATE PUNISHMENT) OR
5 A COMBINATION OF INTERMEDIATE PUNISHMENT PROGRAMS. THE TERM MAY
6 NOT EXCEED THE MAXIMUM TERM FOR WHICH THE DEFENDANT COULD BE
7 CONFINED AND THE PROGRAM TO WHICH THE DEFENDANT IS SENTENCED.
8 THE COURT MAY ORDER A DEFENDANT TO SERVE A PORTION OF THE
9 SENTENCE UNDER SECTION 9755 (RELATING TO SENTENCE OF PARTIAL
10 CONFINEMENT) OR 9756 (RELATING TO SENTENCE OF TOTAL CONFINEMENT)
11 AND TO SERVE A PORTION IN [AN] A COUNTY INTERMEDIATE PUNISHMENT
12 PROGRAM OR A COMBINATION OF COUNTY INTERMEDIATE PUNISHMENT
13 PROGRAMS.
14 * * *
15 (C) RESTRICTION.--
16 (1) [A DEFENDANT SUBJECT TO] ANY PERSON RECEIVING A
17 PENALTY IMPOSED PURSUANT TO 75 PA.C.S. § 1543(B) (RELATING TO
18 DRIVING WHILE OPERATING PRIVILEGE IS SUSPENDED OR REVOKED),
19 FORMER 75 PA.C.S. § 3731 (RELATING TO DRIVING UNDER THE
20 INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE) OR 75 PA.C.S. §
21 3804 (RELATING TO PENALTIES) FOR A FIRST, SECOND OR THIRD
22 OFFENSE MAY ONLY BE SENTENCED TO INTERMEDIATE PUNISHMENT[:
23 (I) FOR A FIRST, SECOND OR THIRD OFFENSE UNDER 75
24 PA.C.S. CH. 38 (RELATING TO DRIVING AFTER IMBIBING
25 ALCOHOL OR UTILIZING DRUGS); AND
26 (II)] AFTER UNDERGOING AN ASSESSMENT UNDER 75
27 PA.C.S. § 3814 (RELATING TO DRUG AND ALCOHOL
28 ASSESSMENTS).
29 (2) IF THE DEFENDANT IS DETERMINED TO BE IN NEED OF DRUG
30 AND ALCOHOL TREATMENT, THE DEFENDANT MAY ONLY BE SENTENCED TO
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1 COUNTY INTERMEDIATE PUNISHMENT WHICH INCLUDES PARTICIPATION
2 IN DRUG AND ALCOHOL TREATMENT UNDER 75 PA.C.S. § 3815(C)
3 (RELATING TO MANDATORY SENTENCING). [SUCH TREATMENT MAY BE
4 COMBINED WITH HOUSE ARREST WITH ELECTRONIC SURVEILLANCE OR A
5 PARTIAL CONFINEMENT PROGRAM SUCH AS WORK RELEASE, A WORK CAMP
6 OR A HALFWAY FACILITY.] THE DEFENDANT MAY ONLY BE SENTENCED
7 TO COUNTY INTERMEDIATE PUNISHMENT IN:
8 (I) A RESIDENTIAL INPATIENT PROGRAM OR A RESIDENTIAL
9 REHABILITATIVE CENTER;
10 (II) HOUSE ARREST AND ELECTRONIC SURVEILLANCE;
11 (III) PARTIAL CONFINEMENT PROGRAMS, SUCH AS WORK
12 RELEASE, WORK CAMPS AND HALFWAY FACILITIES; OR
13 (IV) ANY COMBINATION OF THE PROGRAMS SET FORTH IN
14 THIS SUBSECTION.
15 (3) IF THE DEFENDANT IS DETERMINED NOT TO BE IN NEED OF
16 DRUG AND ALCOHOL TREATMENT, THE DEFENDANT MAY ONLY BE
17 SENTENCED TO COUNTY INTERMEDIATE PUNISHMENT [BY] IN:
18 (I) HOUSE ARREST [OR] AND ELECTRONIC SURVEILLANCE;
19 (II) PARTIAL CONFINEMENT PROGRAMS SUCH AS WORK
20 RELEASE, WORK CAMPS AND HALFWAY FACILITIES; OR
21 (III) ANY COMBINATION OF THE PROGRAMS SET FORTH IN
22 THIS SUBSECTION.
23 * * *
24 § 9804. COUNTY INTERMEDIATE PUNISHMENT PROGRAMS.
25 * * *
26 (B) ELIGIBILITY.--
27 (1) NO PERSON OTHER THAN THE ELIGIBLE OFFENDER SHALL BE
28 SENTENCED TO A COUNTY INTERMEDIATE PUNISHMENT PROGRAM.
29 (2) THE PENNSYLVANIA COMMISSION ON SENTENCING SHALL
30 EMPLOY THE TERM "ELIGIBLE OFFENDER" TO FURTHER IDENTIFY
20030S0133B1434 - 13 -
1 OFFENDERS WHO WOULD BE APPROPRIATE FOR PARTICIPATION IN
2 COUNTY INTERMEDIATE PUNISHMENT PROGRAMS. IN DEVELOPING THE
3 GUIDELINES, THE COMMISSION SHALL GIVE PRIMARY CONSIDERATION
4 TO PROTECTION OF THE PUBLIC SAFETY.
5 (4) (I) ANY PERSON RECEIVING A PENALTY IMPOSED PURSUANT
6 TO 75 PA.C.S. § 1543(B) (RELATING TO DRIVING WHILE
7 OPERATING PRIVILEGE IS SUSPENDED OR REVOKED), 3804
8 (RELATING TO PENALTIES) OR 3808(A)(2) (RELATING TO
9 ILLEGALLY OPERATING A MOTOR VEHICLE NOT EQUIPPED WITH
10 IGNITION INTERLOCK) SHALL UNDERGO AN ASSESSMENT UNDER 75
11 PA.C.S. § 3814 (RELATING TO DRUG AND ALCOHOL
12 ASSESSMENTS).
13 (II) IF THE DEFENDANT IS DETERMINED TO BE IN NEED OF
14 DRUG AND ALCOHOL TREATMENT, A SENTENCE TO COUNTY
15 INTERMEDIATE PUNISHMENT SHALL INCLUDE PARTICIPATION IN
16 DRUG AND ALCOHOL TREATMENT UNDER 75 PA.C.S. § 3815(C)
17 (RELATING TO MANDATORY SENTENCING). [SUCH TREATMENT MAY
18 BE COMBINED WITH HOUSE ARREST WITH ELECTRONIC
19 SURVEILLANCE OR A PARTIAL CONFINEMENT PROGRAM SUCH AS
20 WORK RELEASE, A WORK CAMP OR A HALFWAY FACILITY.] THE
21 DEFENDANT MAY ONLY BE SENTENCED TO COUNTY INTERMEDIATE
22 PUNISHMENT IN:
23 (A) A RESIDENTIAL INPATIENT PROGRAM OR A
24 RESIDENTIAL REHABILITATIVE CENTER;
25 (B) HOUSE ARREST AND ELECTRONIC SURVEILLANCE;
26 (C) PARTIAL CONFINEMENT PROGRAMS SUCH AS WORK
27 RELEASE, WORK CAMPS AND HALFWAY FACILITIES; OR
28 (D) ANY COMBINATION OF THE PROGRAMS SET FORTH IN
29 THIS SUBPARAGRAPH.
30 (III) IF THE DEFENDANT IS DETERMINED NOT TO BE IN
20030S0133B1434 - 14 -
1 NEED OF DRUG AND ALCOHOL TREATMENT, THE DEFENDANT MAY
2 ONLY BE SENTENCED TO COUNTY INTERMEDIATE PUNISHMENT
3 PROGRAM IN:
4 (A) HOUSE ARREST AND ELECTRONIC SURVEILLANCE;
5 (B) PARTIAL CONFINEMENT PROGRAMS SUCH AS WORK
6 RELEASE, WORK CAMPS AND HALFWAY FACILITIES; OR
7 (C) ANY COMBINATION OF THE PROGRAMS SET FORTH IN
8 THIS [PARAGRAPH] SUBPARAGRAPH.
9 (5) A DEFENDANT SUBJECT TO 75 PA.C.S § 3804 (RELATING TO
10 PENALTIES) MAY ONLY BE SENTENCED TO COUNTY INTERMEDIATE
11 PUNISHMENT FOR A FIRST, SECOND OR THIRD OFFENSE UNDER 75
12 PA.C.S. CH. 38 (RELATING TO DRIVING AFTER IMBIBING ALCOHOL OR
13 UTILIZING DRUGS).
14 SECTION 3. SECTIONS 1547(B)(2), 1552 AND 3803 OF TITLE 75,
15 AMENDED OR ADDED SEPTEMBER 30, 2003 (P.L.120, NO.24), ARE
16 AMENDED TO READ:
17 § 1547. CHEMICAL TESTING TO DETERMINE AMOUNT OF ALCOHOL OR
18 CONTROLLED SUBSTANCE.
19 * * *
20 (B) SUSPENSION FOR REFUSAL.--
21 * * *
22 (2) IT SHALL BE THE DUTY OF THE POLICE OFFICER TO INFORM
23 THE PERSON THAT:
24 (I) THE PERSON'S OPERATING PRIVILEGE WILL BE
25 SUSPENDED UPON REFUSAL TO SUBMIT TO CHEMICAL TESTING; AND
26 (II) IF THE PERSON REFUSES TO SUBMIT TO CHEMICAL
27 TESTING, UPON CONVICTION[, PLEA OR ADJUDICATION OF
28 DELINQUENCY] OR PLEA FOR VIOLATING SECTION [3802(A)]
29 3802(A)(1), THE PERSON WILL BE SUBJECT TO THE PENALTIES
30 PROVIDED IN SECTION 3804(C) (RELATING TO PENALTIES).
20030S0133B1434 - 15 -
1 * * *
2 § 1552. ACCELERATED REHABILITATIVE DISPOSITION.
3 THE COURT OF COMMON PLEAS IN EACH JUDICIAL DISTRICT AND THE
4 MUNICIPAL COURT OF PHILADELPHIA SHALL ESTABLISH AND IMPLEMENT A
5 PROGRAM FOR ACCELERATED REHABILITATIVE DISPOSITION FOR PERSONS
6 CHARGED WITH A VIOLATION OF SECTION 3802 (RELATING TO DRIVING
7 UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE) IN
8 ACCORDANCE WITH THE PROVISIONS OF THIS CHAPTER, CHAPTER 38
9 (RELATING TO DRIVING AFTER IMBIBING ALCOHOL OR UTILIZING DRUGS)
10 AND RULES ADOPTED BY THE SUPREME COURT.
11 § 3803. GRADING.
12 (A) BASIC OFFENSES.--NOTWITHSTANDING THE PROVISIONS OF
13 SUBSECTION (B):
14 (1) AN INDIVIDUAL WHO VIOLATES SECTION 3802(A) (RELATING
15 TO DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED
16 SUBSTANCE) AND HAS NO MORE THAN ONE PRIOR OFFENSE COMMITS A
17 MISDEMEANOR FOR WHICH THE INDIVIDUAL MAY BE SENTENCED TO A
18 TERM OF IMPRISONMENT OF NOT MORE THAN SIX MONTHS AND TO PAY A
19 FINE UNDER SECTION 3804 (RELATING TO PENALTIES).
20 (2) AN INDIVIDUAL WHO VIOLATES SECTION 3802(A) AND HAS
21 MORE THAN ONE PRIOR OFFENSE COMMITS A MISDEMEANOR OF THE
22 SECOND DEGREE.
23 (B) OTHER OFFENSES.--
24 (1) AN INDIVIDUAL WHO VIOLATES SECTION [3802(B)]
25 3802(A)(1) WHERE THERE WAS AN ACCIDENT RESULTING IN BODILY
26 INJURY, SERIOUS BODILY INJURY OR DEATH OF ANY PERSON OR IN
27 DAMAGE TO A VEHICLE OR OTHER PROPERTY, OR WHO VIOLATES
28 SECTION 3802(B), (E) OR (F) AND WHO HAS NO MORE THAN ONE
29 PRIOR OFFENSE COMMITS A MISDEMEANOR FOR WHICH THE INDIVIDUAL
30 MAY BE SENTENCED TO A TERM OF IMPRISONMENT OF NOT MORE THAN
20030S0133B1434 - 16 -
1 SIX MONTHS AND TO PAY A FINE UNDER SECTION 3804.
2 (2) AN INDIVIDUAL WHO VIOLATES SECTION [3802(C)]
3 3802(A)(1) WHERE THE INDIVIDUAL REFUSED TESTING OF BLOOD OR
4 BREATH, OR WHO VIOLATES SECTION 3802(C) OR (D) AND WHO HAS NO
5 PRIOR OFFENSES COMMITS A MISDEMEANOR FOR WHICH THE INDIVIDUAL
6 MAY BE SENTENCED TO A TERM OF IMPRISONMENT OF NOT MORE THAN
7 SIX MONTHS AND TO PAY A FINE UNDER SECTION 3804.
8 (3) AN INDIVIDUAL WHO VIOLATES SECTION [3802(B)]
9 3802(A)(1) WHERE THERE WAS AN ACCIDENT RESULTING IN BODILY
10 INJURY, SERIOUS BODILY INJURY OR DEATH OF ANY PERSON OR IN
11 DAMAGE TO A VEHICLE OR OTHER PROPERTY, OR WHO VIOLATES
12 SECTION 3802(B), (E) OR (F) AND WHO HAS MORE THAN ONE PRIOR
13 OFFENSE COMMITS A MISDEMEANOR OF THE FIRST DEGREE.
14 (4) AN INDIVIDUAL WHO VIOLATES SECTION [3802(C)]
15 3802(A)(1) WHERE THE INDIVIDUAL REFUSED TESTING OF BLOOD OR
16 BREATH, OR WHO VIOLATES SECTION 3802(C) OR (D) AND WHO HAS
17 ONE OR MORE PRIOR OFFENSES COMMITS A MISDEMEANOR OF THE FIRST
18 DEGREE.
19 SECTION 4. SECTION 3804(A), (B) AND (C) OF TITLE 75, ADDED
20 SEPTEMBER 30, 2003 (P.L.120, NO.24), ARE AMENDED AND THE SECTION
21 IS AMENDED BY ADDING A SUBSECTION TO READ:
22 § 3804. PENALTIES.
23 (A) GENERAL IMPAIRMENT.--[AN] EXCEPT AS SET FORTH IN
24 SUBSECTION (B) OR (C), AN INDIVIDUAL WHO VIOLATES SECTION
25 3802(A) (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR
26 CONTROLLED SUBSTANCE) SHALL BE SENTENCED AS FOLLOWS:
27 (1) FOR A FIRST OFFENSE, TO:
28 (I) UNDERGO A PERIOD OF SUPERVISION, LIMITED TO
29 PROBATION NOT TO EXCEED SIX MONTHS;
30 (II) PAY A FINE OF $300;
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1 (III) ATTEND AN ALCOHOL HIGHWAY SAFETY SCHOOL
2 APPROVED BY THE DEPARTMENT; AND
3 (IV) COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT
4 REQUIREMENTS IMPOSED UNDER SECTIONS 3814 (RELATING TO
5 DRUG AND ALCOHOL ASSESSMENTS) AND 3815 (RELATING TO
6 MANDATORY SENTENCING).
7 (2) FOR A SECOND OFFENSE, TO:
8 (I) UNDERGO IMPRISONMENT FOR NOT LESS THAN FIVE DAYS
9 [NOR MORE THAN SIX MONTHS];
10 (II) PAY A FINE OF NOT LESS THAN $300 NOR MORE THAN
11 $2,500;
12 (III) ATTEND AN ALCOHOL HIGHWAY SAFETY SCHOOL
13 APPROVED BY THE DEPARTMENT; AND
14 (IV) COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT
15 REQUIREMENTS IMPOSED UNDER SECTIONS 3814 AND 3815.
16 (3) FOR A THIRD OR SUBSEQUENT OFFENSE, TO:
17 (I) UNDERGO IMPRISONMENT OF NOT LESS THAN TEN DAYS
18 [NOR MORE THAN TWO YEARS];
19 (II) PAY A FINE OF NOT LESS THAN $500 NOR MORE THAN
20 $5,000; AND
21 (III) COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT
22 REQUIREMENTS IMPOSED UNDER SECTIONS 3814 AND 3815.
23 (B) HIGH RATE OF BLOOD ALCOHOL; MINORS; COMMERCIAL VEHICLES
24 AND SCHOOL BUSES AND SCHOOL VEHICLES; ACCIDENTS.--EXCEPT AS SET
25 FORTH IN SUBSECTION (C), AN INDIVIDUAL WHO VIOLATES SECTION
26 3802(A)(1) WHERE THERE WAS AN ACCIDENT RESULTING IN BODILY
27 INJURY, SERIOUS BODILY INJURY OR DEATH OF ANY PERSON OR DAMAGE
28 TO A VEHICLE OR OTHER PROPERTY OR WHO VIOLATES SECTION 3802(B),
29 (E) OR (F) SHALL BE SENTENCED AS FOLLOWS:
30 (1) FOR A FIRST OFFENSE, TO:
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1 (I) UNDERGO IMPRISONMENT OF NOT LESS THAN 48
2 CONSECUTIVE HOURS [NOR MORE THAN SIX MONTHS];
3 (II) PAY A FINE OF NOT LESS THAN $500 NOR MORE THAN
4 $5,000;
5 (III) ATTEND AN ALCOHOL HIGHWAY SAFETY SCHOOL
6 APPROVED BY THE DEPARTMENT; AND
7 (IV) COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT
8 REQUIREMENTS IMPOSED UNDER SECTIONS 3814 AND 3815.
9 (2) FOR A SECOND OFFENSE, TO:
10 (I) UNDERGO IMPRISONMENT OF NOT LESS THAN 30 DAYS
11 [NOR MORE THAN SIX MONTHS];
12 (II) PAY A FINE OF NOT LESS THAN $750 NOR MORE THAN
13 $5,000;
14 (III) ATTEND AN ALCOHOL HIGHWAY SAFETY SCHOOL
15 APPROVED BY THE DEPARTMENT; AND
16 (IV) COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT
17 REQUIREMENTS IMPOSED UNDER SECTIONS 3814 AND 3815.
18 (3) FOR A THIRD OFFENSE, TO:
19 (I) UNDERGO IMPRISONMENT OF NOT LESS THAN 90 DAYS
20 [NOR MORE THAN FIVE YEARS];
21 (II) PAY A FINE OF NOT LESS THAN $1,500 NOR MORE
22 THAN $10,000; AND
23 (III) COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT
24 REQUIREMENTS IMPOSED UNDER SECTIONS 3814 AND 3815.
25 (4) FOR A FOURTH OR SUBSEQUENT OFFENSE, TO:
26 (I) UNDERGO IMPRISONMENT OF NOT LESS THAN ONE YEAR
27 [NOR MORE THAN FIVE YEARS];
28 (II) PAY A FINE OF NOT LESS THAN $1,500 NOR MORE
29 THAN $10,000; AND
30 (III) COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT
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1 REQUIREMENTS IMPOSED UNDER SECTIONS 3814 AND 3815.
2 (C) INCAPACITY; HIGHEST BLOOD ALCOHOL; CONTROLLED
3 SUBSTANCES.--AN INDIVIDUAL WHO VIOLATES SECTION 3802(A)(1) AND
4 REFUSED TESTING OF BLOOD OR BREATH OR AN INDIVIDUAL WHO VIOLATES
5 SECTION 3802(C) OR (D) SHALL BE SENTENCED AS FOLLOWS:
6 (1) FOR A FIRST OFFENSE, TO:
7 (I) UNDERGO IMPRISONMENT OF NOT LESS THAN 72
8 CONSECUTIVE HOURS [NOR MORE THAN SIX MONTHS];
9 (II) PAY A FINE OF NOT LESS THAN $1,000 NOR MORE
10 THAN $5,000;
11 (III) ATTEND AN ALCOHOL HIGHWAY SAFETY SCHOOL
12 APPROVED BY THE DEPARTMENT; AND
13 (IV) COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT
14 REQUIREMENTS IMPOSED UNDER SECTIONS 3814 AND 3815.
15 (2) FOR A SECOND OFFENSE, TO:
16 (I) UNDERGO IMPRISONMENT OF NOT LESS THAN 90 DAYS
17 [NOR MORE THAN FIVE YEARS];
18 (II) PAY A FINE OF NOT LESS THAN $1,500;
19 (III) ATTEND AN ALCOHOL HIGHWAY SAFETY SCHOOL
20 APPROVED BY THE DEPARTMENT; AND
21 (IV) COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT
22 REQUIREMENTS IMPOSED UNDER SECTIONS 3814 AND 3815.
23 (3) FOR A THIRD OR SUBSEQUENT OFFENSE, TO:
24 (I) UNDERGO IMPRISONMENT OF NOT LESS THAN ONE YEAR
25 [NOR MORE THAN FIVE YEARS];
26 (II) PAY A FINE OF NOT LESS THAN $2,500; AND
27 (III) COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT
28 REQUIREMENTS IMPOSED UNDER SECTIONS 3814 AND 3815.
29 * * *
30 (K) NONAPPLICABILITY.--EXCEPT FOR SUBSECTION (E), THIS
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1 SECTION SHALL NOT APPLY TO DISPOSITIONS RESULTING FROM
2 PROCEEDINGS UNDER 42 PA.C.S. CH. 63 (RELATING TO JUVENILE
3 MATTERS).
4 SECTION 5. SECTIONS 3806, 3807(B)(1)(IV) AND (D), 3808(A)(1)
5 AND (B) AND 3815(A) OF TITLE 75, ADDED SEPTEMBER 30, 2003
6 (P.L.120, NO.24), ARE AMENDED TO READ:
7 § 3806. PRIOR OFFENSES.
8 (A) GENERAL RULE.--EXCEPT AS SET FORTH IN SUBSECTION (B),
9 THE TERM "PRIOR OFFENSE" AS USED IN THIS CHAPTER SHALL MEAN A
10 CONVICTION, ADJUDICATION OF DELINQUENCY, JUVENILE CONSENT
11 DECREE, ACCEPTANCE OF ACCELERATED REHABILITATIVE DISPOSITION OR
12 OTHER FORM OF PRELIMINARY DISPOSITION BEFORE THE SENTENCING ON
13 THE PRESENT VIOLATION FOR ANY OF THE FOLLOWING:
14 (1) AN OFFENSE UNDER SECTION 3802 (RELATING TO DRIVING
15 UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE);
16 (2) AN OFFENSE UNDER FORMER SECTION 3731;
17 (3) AN OFFENSE SUBSTANTIALLY SIMILAR TO AN OFFENSE UNDER
18 [PARAGRAPHS] PARAGRAPH (1) OR (2) IN ANOTHER JURISDICTION; OR
19 (4) ANY COMBINATION OF THE OFFENSES SET FORTH IN
20 [PARAGRAPHS] PARAGRAPH (1), (2) OR (3).
21 (B) REPEAT OFFENSES WITHIN TEN YEARS.--THE CALCULATION OF
22 PRIOR OFFENSES FOR PURPOSES OF SECTIONS 1553(D.2) (RELATING TO
23 OCCUPATIONAL LIMITED LICENSE), SECTION 3803 (RELATING TO
24 GRADING) AND 3804 (RELATING TO PENALTIES) SHALL INCLUDE ANY
25 CONVICTION, ADJUDICATION OF DELINQUENCY, JUVENILE CONSENT
26 DECREE, ACCEPTANCE OF ACCELERATED REHABILITATIVE DISPOSITION OR
27 OTHER FORM OF PRELIMINARY DISPOSITION WITHIN THE TEN YEARS
28 BEFORE THE PRESENT VIOLATION OCCURRED FOR ANY OF THE FOLLOWING:
29 (1) AN OFFENSE UNDER SECTION 3802;
30 (2) AN OFFENSE UNDER FORMER SECTION 3731;
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1 (3) AN OFFENSE SUBSTANTIALLY SIMILAR TO AN OFFENSE UNDER
2 PARAGRAPH (1) OR (2) IN ANOTHER JURISDICTION; OR
3 (4) ANY COMBINATION OF THE OFFENSES SET FORTH IN
4 PARAGRAPH (1), (2) OR (3).
5 § 3807. ACCELERATED REHABILITATIVE DISPOSITION.
6 * * *
7 (B) EVALUATION AND TREATMENT.--
8 (1) A DEFENDANT OFFERED ACCELERATED REHABILITATIVE
9 DISPOSITION FOR A VIOLATION OF SECTION 3802 IS, AS A
10 CONDITION OF PARTICIPATION IN THE PROGRAM, SUBJECT TO THE
11 FOLLOWING REQUIREMENTS IN ADDITION TO ANY OTHER CONDITIONS OF
12 PARTICIPATION IMPOSED BY THE COURT:
13 * * *
14 (IV) THE DEFENDANT MUST REMAIN SUBJECT TO COURT
15 SUPERVISION FOR AT LEAST SIX MONTHS, BUT NOT MORE THAN 12
16 MONTHS.
17 * * *
18 (D) MANDATORY SUSPENSION OF OPERATING PRIVILEGES.--AS A
19 CONDITION OF PARTICIPATION IN AN ACCELERATED REHABILITATIVE
20 DISPOSITION PROGRAM, THE COURT SHALL ORDER THE DEFENDANT'S
21 LICENSE SUSPENDED AS FOLLOWS:
22 (1) THERE SHALL BE NO LICENSE SUSPENSION IF THE
23 DEFENDANT'S BLOOD ALCOHOL CONCENTRATION AT THE TIME OF
24 TESTING WAS LESS THAN 0.10%.
25 (2) FOR 30 DAYS IF THE DEFENDANT'S BLOOD ALCOHOL
26 CONCENTRATION AT THE TIME OF TESTING WAS AT LEAST 0.10% BUT
27 LESS THAN 0.16%.
28 (3) FOR 60 DAYS IF:
29 (I) THE DEFENDANT'S BLOOD ALCOHOL CONCENTRATION AT
30 THE TIME OF TESTING WAS 0.16% OR HIGHER;
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1 (II) THE DEFENDANT'S BLOOD ALCOHOL CONCENTRATION IS
2 NOT KNOWN; [OR]
3 (III) AN ACCIDENT WHICH RESULTED IN BODILY INJURY OR
4 IN DAMAGE TO A VEHICLE OR OTHER PROPERTY OCCURRED IN
5 CONNECTION WITH THE EVENTS SURROUNDING THE CURRENT
6 OFFENSE[.]; OR
7 (IV) THE DEFENDANT WAS CHARGED PURSUANT TO SECTION
8 3802(D).
9 (4) FOR 90 DAYS IF THE DEFENDANT WAS A MINOR AT THE TIME
10 OF THE OFFENSE.
11 * * *
12 § 3808. ILLEGALLY OPERATING A MOTOR VEHICLE NOT EQUIPPED WITH
13 IGNITION INTERLOCK.
14 (A) OFFENSE DEFINED.--
15 (1) AN INDIVIDUAL REQUIRED TO ONLY DRIVE, OPERATE OR BE
16 IN ACTUAL PHYSICAL CONTROL OF THE MOVEMENT OF A MOTOR VEHICLE
17 EQUIPPED WITH AN IGNITION INTERLOCK SYSTEM UNDER SECTION
18 1553(D.2) (RELATING TO OCCUPATIONAL LIMITED LICENSE) OR 3805
19 (RELATING TO IGNITION INTERLOCK) WHO DRIVES, OPERATES OR IS
20 IN ACTUAL PHYSICAL CONTROL OF THE MOVEMENT OF A MOTOR VEHICLE
21 WITHIN THIS COMMONWEALTH WITHOUT SUCH A SYSTEM COMMITS A
22 [SUMMARY OFFENSE] MISDEMEANOR AND SHALL, UPON CONVICTION, BE
23 SENTENCED TO PAY A FINE OF NOT LESS THAN $300 AND NOT MORE
24 THAN $1,000 AND TO IMPRISONMENT FOR NOT MORE THAN 90 DAYS.
25 * * *
26 (B) TAMPERING WITH AN IGNITION INTERLOCK SYSTEM.--A PERSON
27 THAT TAMPERS WITH AN IGNITION INTERLOCK SYSTEM REQUIRED BY LAW
28 COMMITS A MISDEMEANOR [OF THE THIRD DEGREE] AND SHALL, UPON
29 CONVICTION, BE SENTENCED TO PAY A FINE OF NOT LESS THAN $300 NOR
30 MORE THAN $1,000 AND TO UNDERGO IMPRISONMENT FOR NOT MORE THAN
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1 90 DAYS. THE TERM "TAMPERING," IN ADDITION TO ANY PHYSICAL ACT
2 WHICH IS INTENDED TO ALTER OR INTERFERE WITH THE PROPER
3 FUNCTIONING OF AN IGNITION INTERLOCK SYSTEM REQUIRED BY LAW,
4 SHALL INCLUDE ATTEMPTING TO CIRCUMVENT OR BYPASS OR
5 CIRCUMVENTING OR BYPASSING AN IGNITION INTERLOCK SYSTEM BY:
6 (1) MEANS OF USING ANOTHER INDIVIDUAL TO PROVIDE A
7 BREATH SAMPLE; OR
8 (2) PROVIDING A BREATH SAMPLE FOR THE PURPOSE OF
9 BYPASSING AN IGNITION INTERLOCK SYSTEM REQUIRED BY LAW.
10 * * *
11 § 3815. MANDATORY SENTENCING.
12 (A) COUNTY SUPERVISION.--NOTWITHSTANDING THE LENGTH OF ANY
13 MAXIMUM TERM OF IMPRISONMENT IMPOSED PURSUANT TO SECTIONS 3803
14 (RELATING TO GRADING) AND 3804 (RELATING TO PENALTIES), AND
15 NOTWITHSTANDING THE PROVISIONS OF SECTION 17 OF THE ACT OF
16 AUGUST 6, 1941 (P.L.861, NO.323), REFERRED TO AS THE
17 PENNSYLVANIA BOARD OF PROBATION AND PAROLE LAW, THE SENTENCING
18 JUDGE MAY GRANT PAROLE UNDER THE SUPERVISION OF THE COUNTY
19 PAROLE SYSTEM TO ANY OFFENDER SERVING A SENTENCE FOR A VIOLATION
20 OF SECTION 3802 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL
21 OR CONTROLLED SUBSTANCE) AND, IF APPLICABLE, SERVING ANY
22 CONCURRENT SENTENCE OF IMPRISONMENT FOR ANY MISDEMEANOR OFFENSE
23 ARISING FROM THE SAME CRIMINAL EPISODE AS THE VIOLATION OF
24 SECTION 3802. THE POWER OF THE SENTENCING JUDGE TO GRANT PAROLE
25 SHALL APPLY ONLY TO THOSE OFFENDERS WHOSE SENTENCES ARE BEING
26 SERVED IN A COUNTY PRISON PURSUANT TO 42 PA.C.S. § 9762
27 (RELATING TO SENTENCING PROCEEDING; PLACE OF CONFINEMENT) OR
28 SECTION 3804(D). THE SENTENCING JUDGE SHALL DECLARE HIS
29 INTENTION TO RETAIN PAROLE AUTHORITY AND SUPERVISION AT THE TIME
30 OF SENTENCING IN CASES IN WHICH HE WOULD NOT OTHERWISE HAVE
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1 PAROLE AUTHORITY AND SUPERVISION.
2 * * *
3 SECTION 6. SECTION 6303 OF TITLE 75 IS AMENDED TO READ:
4 § 6303. RIGHTS AND LIABILITIES OF MINORS.
5 [ANY] (A) GENERAL RULE.--EXCEPT AS PROVIDED IN SUBSECTION
6 (B), ANY PERSON OVER THE AGE OF 16 YEARS CHARGED WITH THE
7 VIOLATION OF ANY PROVISIONS OF THIS TITLE CONSTITUTING A SUMMARY
8 OFFENSE SHALL HAVE ALL THE RIGHTS OF AN ADULT AND MAY BE
9 PROSECUTED UNDER THE PROVISIONS OF THIS TITLE IN THE SAME MANNER
10 AS AN ADULT.
11 (B) EXCEPTION.--NO PERSON SHALL BE SENTENCED TO A TERM OF
12 IMPRISONMENT FOR A VIOLATION OF ANY PROVISIONS OF THIS TITLE
13 CONSTITUTING A SUMMARY OFFENSE COMMITTED WHILE THE PERSON WAS
14 UNDER THE AGE OF 18 YEARS.
15 SECTION 7. THE FOLLOWING PROVISIONS SHALL APPLY TO SENTENCES
16 IMPOSED ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION:
17 (1) THE AMENDMENT OF:
18 (I) 42 PA.C.S. § 9763 HEADING, (A) AND (C); AND
19 (II) 42 PA.C.S. § 9804(B).
20 (2) THE AMENDMENT OF:
21 (I) 75 PA.C.S. § 3806;
22 (II) 75 PA.C.S. § 3815(A); AND
23 (III) 75 PA.C.S. § 6303.
24 SECTION 8. THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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