PRINTER'S NO. 2722
No. 2006 Session of 2001
INTRODUCED BY L. I. COHEN, BEBKO-JONES, CASORIO, CIVERA,
CREIGHTON, DiGIROLAMO, GEIST, GEORGE, HARHAI, HORSEY, McGILL,
MELIO, R. MILLER, WATSON, YOUNGBLOOD AND CRUZ,
OCTOBER 23, 2001
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 23, 2001
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for driving under the influence
3 of alcohol or controlled substance and for surcharges.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Sections 3731(e)(1)(iv), 3742(b) and
7 6506(a)(7)(iii) and (iv) of Title 75 of the Pennsylvania
8 Consolidated Statutes are amended to read:
9 § 3731. Driving under influence of alcohol or controlled
10 substance.
11 * * *
12 (e) Penalty.--
13 (1) Any person violating any of the provisions of this
14 section is guilty of a misdemeanor of the second degree,
15 except that a person convicted of a third or subsequent
16 offense is guilty of a misdemeanor of the first degree, and
17 the sentencing court shall order the person to pay a fine of
1 not less than [$300] $750 and serve a minimum term of
2 imprisonment of:
3 * * *
4 (iv) Not less than [one year] two years if the
5 person has three times previously been convicted of,
6 adjudicated delinquent or granted a consent decree under
7 the Juvenile Act based on an offense under this section
8 or of an equivalent offense in this or other
9 jurisdictions within the previous seven years.
10 * * *
11 § 3742. Accidents involving death or personal injury.
12 * * *
13 (b) Penalties.--
14 (1) Except as otherwise provided in this section, any
15 person violating this section commits a misdemeanor of the
16 first degree.
17 (2) If the victim suffers serious bodily injury, any
18 person violating subsection (a) commits a felony of the
19 [third] second degree, and the sentencing court shall order
20 the person to serve a minimum term of imprisonment of not
21 less than [90 days] one year and a mandatory minimum fine of
22 [$1,000] $2,500, notwithstanding any other provision of law.
23 (3) If the victim dies, any person violating subsection
24 (a) commits a felony of the [third] second degree, and the
25 sentencing court shall order the person to serve a minimum
26 term of imprisonment of not less than [one year] three years
27 and a mandatory minimum fine of [$2,500] $5,000,
28 notwithstanding any other provision of law.
29 * * *
30 § 6506. Surcharge.
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1 (a) Levy and imposition.--In addition to any fines, fees or
2 penalties levied or imposed as provided by law, under this title
3 or any other statute, a surcharge shall be levied for
4 disposition in accordance with subsection (b) as follows:
5 * * *
6 (7) Upon conviction of offenses under section 3731
7 (relating to driving under influence of alcohol or controlled
8 substance), or upon admission to programs for Accelerated
9 Rehabilitative Disposition for offenses enumerated in section
10 3731, a surcharge, respectively, of:
11 * * *
12 (iii) [$200] $500 for the third offense.
13 (iv) [$300] $750 for the fourth and subsequent
14 offenses.
15 The provisions of this subsection shall not apply to any
16 violation committed by the operator of a motorcycle, motor-
17 driven cycle, pedalcycle, motorized pedalcycle or recreational
18 vehicle not intended for highway use.
19 * * *
20 Section 2. This act shall take effect in 60 days.
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