PRINTER'S NO. 683
No. 581 Session of 2003
INTRODUCED BY LEACH, ROONEY, BARRAR, CRAHALLA, DIVEN, HARHAI,
BUNT, COY, DALEY, GERGELY, MANN, MELIO, RUBLEY AND
YOUNGBLOOD, MARCH 3, 2003
REFERRED TO COMMITTEE ON TRANSPORTATION, MARCH 3, 2003
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for driving under the influence.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Section 3731(d) of Title 75 of the Pennsylvania
6 Consolidated Statutes is amended and subsection (e)(1) is
7 amended by adding subparagraphs to read:
8 § 3731. Driving under influence of alcohol or controlled
9 substance.
10 * * *
11 (d) Certain dispositions prohibited.--The attorney for the
12 Commonwealth shall not submit a charge brought under this
13 section for Accelerated Rehabilitative Disposition if:
14 (1) the defendant has been found guilty of or accepted
15 Accelerated Rehabilitative Disposition of a charge brought
16 under this section within seven years of the date of the
17 current offense;
1 (2) the defendant committed any other act in connection
2 with the present offense which, in the judgment of the
3 attorney for the Commonwealth, constitutes a violation of any
4 of the specific offenses enumerated within section 1542
5 (relating to revocation of habitual offender's license); [or]
6 (3) an accident occurred in connection with the events
7 surrounding the current offense and any person, other than
8 the defendant, was killed or seriously injured as a result of
9 the accident; or
10 (4) there was a passenger under 14 years of age in the
11 vehicle the defendant was operating.
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 and
15 the sentencing court shall order the person to pay a fine of
16 not less than $300 and serve a minimum term of imprisonment
17 of:
18 * * *
19 (v) Not less than 60 days if there was a passenger
20 under 14 years of age in the vehicle the person was
21 operating and the conviction is a first offense under
22 this section.
23 (vi) Not less than six months if there was a
24 passenger under 14 years of age in the vehicle the person
25 was operating and the conviction is a second offense
26 under this section.
27 (vii) Not less than one year if there was a
28 passenger under 14 years of age in the vehicle the person
29 was operating and the conviction is a third or subsequent
30 offense under this section.
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1 (viii) The provisions of subparagraph (v), (vi) or
2 (vii) shall not be an element of the crime, and notice
3 thereof to the defendant shall not be required prior to
4 conviction, but reasonable notice of the Commonwealth's
5 intention to proceed under subparagraph (v), (vi) or
6 (vii) shall be provided after conviction and before
7 sentencing. The applicability of subparagraph (v), (vi)
8 or (vii) shall be determined at sentencing. The court
9 shall consider any evidence presented at trial and shall
10 afford the Commonwealth and the defendant an opportunity
11 to present any necessary additional evidence and shall
12 determine, by a preponderance of the evidence, if
13 subparagraph (v), (vi) or (vii) is applicable.
14 * * *
15 Section 2. The addition of 75 Pa.C.S. § 3731(d)(4) and
16 (e)(1)(v), (vi), (vii) and (viii) shall apply to sentencing for
17 offenses which take place on or after the effective date of this
18 act.
19 Section 3. This act shall take effect in 60 days.
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