PRINTER'S NO. 1525
No. 1241 Session of 2003
INTRODUCED BY MELIO, BEBKO-JONES, CASORIO, HARHAI, HORSEY,
LaGROTTA, LEWIS, PRESTON, TANGRETTI, TIGUE, KIRKLAND,
LESCOVITZ, McCALL, SHANER, J. TAYLOR AND WASHINGTON,
APRIL 29, 2003
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 29, 2003
AN ACT
1 Amending Titles 42 (Judiciary and Judicial Procedure) and 75
2 (Vehicles) of the Pennsylvania Consolidated Statutes,
3 integrating criminal and administrative penalties on driving
4 with a suspended or revoked license and driving under the
5 influence of alcohol or a controlled substance.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. The definition of "eligible offender" in section
9 9802 of Title 42 of the Pennsylvania Consolidated Statutes is
10 amended to read:
11 § 9802. Definitions.
12 The following words and phrases when used in this chapter
13 shall have the meanings given to them in this section unless the
14 context clearly indicates otherwise:
15 * * *
16 "Eligible offender." Subject to section 9721(a.1) (relating
17 to sentencing generally), a person convicted of an offense who
18 would otherwise be sentenced to a county correctional facility,
1 who does not demonstrate a present or past pattern of violent
2 behavior and who would otherwise be sentenced to partial
3 confinement pursuant to section 9724 (relating to partial
4 confinement) or total confinement pursuant to section 9725
5 (relating to total confinement). The term does not include an
6 offender convicted of any of the following offenses:
7 18 Pa.C.S. § 2502 (relating to murder).
8 18 Pa.C.S. § 2503 (relating to voluntary manslaughter).
9 18 Pa.C.S. § 2702 (relating to aggravated assault).
10 18 Pa.C.S. § 2703 (relating to assault by prisoner).
11 18 Pa.C.S. § 2704 (relating to assault by life prisoner).
12 18 Pa.C.S. § 2901 (relating to kidnapping).
13 18 Pa.C.S. § 3121 (relating to rape).
14 18 Pa.C.S. § 3122.1 (relating to statutory sexual
15 assault).
16 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual
17 intercourse).
18 18 Pa.C.S. § 3124.1 (relating to sexual assault).
19 18 Pa.C.S. § 3125 (relating to aggravated indecent
20 assault).
21 18 Pa.C.S. § 3126 (relating to indecent assault).
22 18 Pa.C.S. § 3301 (relating to arson and related
23 offenses).
24 18 Pa.C.S. § 3502 (relating to burglary) when graded as a
25 felony of the first degree.
26 18 Pa.C.S. § 3701 (relating to robbery).
27 18 Pa.C.S. § 3923 (relating to theft by extortion).
28 18 Pa.C.S. § 4302 (relating to incest).
29 18 Pa.C.S. § 5121 (relating to escape).
30 75 Pa.C.S. § 1543 (b)(1) (relating to driving while
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1 operating privilege is suspended or revoked).
2 75 Pa.C.S. § 3731 (relating to driving under influence of
3 alcohol or controlled substance).
4 * * *
5 Section 2. Section 1543(a) and (b)(1) of Title 75, amended
6 October 4, 2002 (P.L.845, No.123), are amended to read:
7 § 1543. Driving while operating privilege is suspended or
8 revoked.
9 (a) Offense defined.--Except as provided in subsection (b),
10 any person who drives a motor vehicle on any highway or
11 trafficway of this Commonwealth after the commencement of a
12 suspension, revocation or cancellation of the operating
13 privilege and before the operating privilege has been restored
14 is guilty of a summary offense and shall, upon conviction, be
15 sentenced to pay a fine of [$200] $1,000.
16 (b) Certain offenses.--
17 (1) A person who drives a motor vehicle on a highway or
18 trafficway of this Commonwealth at a time when the person's
19 operating privilege is suspended or revoked as a condition of
20 acceptance of Accelerated Rehabilitative Disposition for a
21 violation of section 3731 (relating to driving under
22 influence of alcohol or controlled substance) or because of a
23 violation of section 1547(b)(1) (relating to suspension for
24 refusal) or 3731 or is suspended under section 1581 (relating
25 to Driver's License Compact) for an offense substantially
26 similar to a violation of section 3731 shall, upon
27 conviction, be guilty of a [summary offense] misdemeanor of
28 the third degree and shall be sentenced to pay a fine of
29 [$1,000] $2,000 and to undergo imprisonment for a period of
30 not less than 90 days.
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1 (1.1) (i) A person who has an amount of alcohol by
2 weight in his blood that is equal to or greater than .02%
3 or is under the influence of a controlled substance as
4 defined in section 1603 (relating to definitions) and who
5 drives a motor vehicle on any highway or trafficway of
6 this Commonwealth at a time when the person's operating
7 privilege is suspended or revoked as a condition of
8 acceptance of Accelerated Rehabilitative Disposition for
9 a violation of section 3731 or because of a violation of
10 section 1547(b)(1) or 3731 or is suspended under section
11 1581 for an offense substantially similar to a violation
12 of section 3731 shall, upon a first conviction, be guilty
13 of a [summary offense and shall be sentenced to pay a
14 fine of $1,000] misdemeanor of the third degree and
15 shall, upon conviction, be sentenced to pay a fine of
16 $2,000 and to undergo imprisonment for a period of not
17 less than 90 days.
18 (ii) A second violation of this paragraph shall
19 constitute a misdemeanor of the third degree and, upon
20 conviction thereof, the person shall be sentenced to pay
21 a fine of $2,500 and to undergo imprisonment for not less
22 than six months.
23 (iii) A third or subsequent violation of this
24 paragraph shall constitute a misdemeanor of the first
25 degree and, upon conviction thereof, the person shall be
26 sentenced to pay a fine of $5,000 and to undergo
27 imprisonment for not less than two years.
28 * * *
29 Section 3. This act shall apply to offenses committed on or
30 after the effective date of this act.
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1 Section 4. This act shall take effect in 60 days.
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