PRINTER'S NO. 2349
No. 1561 Session of 2008
INTRODUCED BY FONTANA, RAFFERTY, COSTA, ORIE, PUNT, WOZNIAK, O'PAKE, ERICKSON, WAUGH, LOGAN, TARTAGLIONE, BAKER, WASHINGTON, C. WILLIAMS, WONDERLING, STACK AND VANCE, SEPTEMBER 12, 2008
REFERRED TO TRANSPORTATION, SEPTEMBER 12, 2008
AN ACT 1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated 2 Statutes, further providing for driving while operating 3 privilege is suspended or revoked. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Section 1543(b)(1.1) of Title 75 of the 7 Pennsylvania Consolidated Statutes is amended and the subsection 8 is amended by adding a paragraph to read: 9 § 1543. Driving while operating privilege is suspended or 10 revoked. 11 * * * 12 (b) Certain offenses.-- 13 * * * 14 (1.1) Except as set forth in paragraph (1.2), the 15 following apply: 16 (i) A person who has an amount of alcohol by weight 17 in his blood that is equal to or greater than .02% at the
1 time of testing or who at the time of testing has in his 2 blood any amount of a Schedule I or nonprescribed 3 Schedule II or III controlled substance, as defined in 4 the act of April 14, 1972 (P.L.233, No.64), known as The 5 Controlled Substance, Drug, Device and Cosmetic Act, or 6 its metabolite and who drives a motor vehicle on any 7 highway or trafficway of this Commonwealth at a time when 8 the person's operating privilege is suspended or revoked 9 as a condition of acceptance of Accelerated 10 Rehabilitative Disposition for a violation of section 11 3802 or former section 3731 or because of a violation of 12 section 1547(b)(1) or 3802 or former section 3731 or is 13 suspended under section 1581 for an offense substantially 14 similar to a violation of section 3802 or former section 15 3731 shall, upon a first conviction, be guilty of a 16 summary offense and shall be sentenced to pay a fine of 17 $1,000 and to undergo imprisonment for a period of not 18 less than 90 days. 19 (ii) A second violation of this paragraph shall 20 constitute a misdemeanor of the third degree, and upon 21 conviction thereof the person shall be sentenced to pay a 22 fine of $2,500 and to undergo imprisonment for not less 23 than six months. 24 (iii) A third or subsequent violation of this 25 paragraph shall constitute a misdemeanor of the first 26 degree, and upon conviction thereof the person shall be 27 sentenced to pay a fine of $5,000 and to undergo 28 imprisonment for not less than two years. 29 (1.2) Notwithstanding paragraph (1.1), the following 30 apply: 20080S1561B2349 - 2 -
1 (i) A person who, at a time when the person's 2 operating privilege is suspended or revoked as a 3 condition of acceptance of Accelerated Rehabilitative 4 Disposition for a violation of section 3802 or former 5 section 3731 or because of a violation of section 6 1547(b)(1) or section 3802 or former section 3731 or is 7 suspended under section 1581 for an offense substantially 8 similar to a violation of section 3802 or former section 9 3731, drives a motor vehicle on any highway or trafficway 10 of this Commonwealth in violation of section 3802 or with 11 any amount of a Schedule I or nonprescribed Schedule II 12 or III controlled substance, as defined in The Controlled 13 Substance, Drug, Device and Cosmetic Act, or its 14 metabolite, in the person's blood shall, upon a first 15 conviction, be guilty of a summary offense and shall be 16 sentenced to pay a fine of $1,000 and to undergo 17 imprisonment for a period of not 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 a 21 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 2. This act shall take effect in 60 days. I9L75SFL/20080S1561B2349 - 3 -