PRINTER'S NO. 879
No. 794 Session of 1995
INTRODUCED BY MAYERNIK, GEIST, LAUGHLIN, LEDERER, McCALL,
E. Z. TAYLOR, DeLUCA AND ROBINSON, FEBRUARY 14, 1995
REFERRED TO COMMITTEE ON TRANSPORTATION, FEBRUARY 14, 1995
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for revocation or suspension of
3 operating privileges and for chemical testing for controlled
4 substances.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 1532(a)(2) and (b)(3) of Title 75 of the
8 Pennsylvania Consolidated Statutes, amended December 27, 1994
9 (P.L. , No.154), are amended to read:
10 § 1532. Revocation or suspension of operating privilege.
11 (a) Revocation.--The department shall revoke the operating
12 privilege of any driver for one year upon receiving a certified
13 record of the driver's conviction of or an adjudication of
14 delinquency based on any of the following offenses:
15 * * *
16 (2) Any violation of section 3735 (relating to homicide
17 by vehicle while driving under influence). If the driver is
18 sentenced to imprisonment as a result of the violation, the
1 one-year period shall not begin until the driver is released
2 from imprisonment.
3 * * *
4 (b) Suspension.--
5 * * *
6 (3) The department shall suspend the operating privilege
7 of any driver for 12 months upon receiving a certified record
8 of the driver's conviction of section 3731 (relating to
9 driving under influence of alcohol or controlled substance)
10 or 3733 (relating to fleeing or attempting to elude police
11 officer) or an adjudication of delinquency based on section
12 3731 or 3733. If the driver is sentenced to imprisonment as a
13 result of the conviction or adjudication, the 12-month period
14 shall not begin until the driver is released from
15 imprisonment. The department shall suspend the operating
16 privilege of any driver for six months upon receiving a
17 certified record of a consent decree granted under 42 Pa.C.S.
18 Ch. 63 (relating to juvenile matters) based on section 3731
19 or 3733.
20 * * *
21 Section 2. Section 1547(b) of Title 75 is amended to read:
22 § 1547. Chemical testing to determine amount of alcohol or
23 controlled substance.
24 * * *
25 (b) Suspension for refusal.--
26 (1) If any person placed under arrest for a violation of
27 section 3731 (relating to driving under influence of alcohol
28 or controlled substance) is requested to submit to chemical
29 testing and refuses to do so, the testing shall not be
30 conducted but upon notice by the police officer, the
19950H0794B0879 - 2 -
1 department shall suspend the operating privilege of the
2 person for a period of 12 months. Any time that the person is
3 imprisoned under a sentence imposed for the violation for
4 which the person was arrested that time shall not be counted
5 as part of the 12-month period.
6 * * *
7 Section 3. The amendments of 75 Pa.C.S. §§ 1532(a)(2) and
8 (b)(3) and 1547(b)(1) shall apply to violations which occur on
9 or after the effective date of this act.
10 Section 4. This act shall take effect in 60 days.
A4L75JLW/19950H0794B0879 - 3 -