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                                                      PRINTER'S NO. 2349

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

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.

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