THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY SOLOBAY, WOZNIAK, COSTA, BOSCOLA, ERICKSON, FONTANA, HUGHES, KASUNIC, TARTAGLIONE, WAUGH AND PIPPY, FEBRUARY 18, 2011

REFERRED TO TRANSPORTATION, FEBRUARY 18, 2011  

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, further providing for revocation of habitual

offender's license, for driving while operating privilege is

suspended or revoked, for permitting violation of title, for

homicide by vehicle and for habitual offenders.

This act shall be referred to as Alex's Law.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 1542, 1543 and 1575 of Title 75 of the

Pennsylvania Consolidated Statutes are amended to read:

§ 1542.  Revocation of habitual offender's license.

(a)  General rule.--The department shall revoke the operating

privilege of any person found to be a habitual offender pursuant

to the provisions of this section. A "habitual offender" shall

be any person whose driving record, as maintained in the

department, shows that such person has accumulated the requisite

number of convictions for the separate and distinct offenses

described and enumerated in subsection (b) committed after the

effective date of this title and within any period of five years

thereafter.

(b)  Offenses enumerated.--Three convictions arising from

separate acts of any one or more of the following offenses

committed by any person shall result in such person being

designated as a habitual offender:

(1)  Any violation of Subchapter B of Chapter 37

(relating to serious traffic offenses).

(1.1)  Any violation of Chapter 38 (relating to driving

after imbibing alcohol or utilizing drugs) except for

sections 3808(a)(1) and (b) (relating to illegally operating

a motor vehicle not equipped with ignition interlock) and

3809 (relating to restriction on alcoholic beverages).

(1.2)  Any violation of section [1543(b)(1.1)] 1543(b)

(relating to driving while operating privilege is suspended

or revoked).

(2)  Any violation of section 3367 (relating to racing on

highways).

(3)  Any violation of section 3742 (relating to accidents

involving death or personal injury).

(3.1)  Any violation of section 3742.1 (relating to

accidents involving death or personal injury while not

properly licensed).

(4)  Any violation of section 3743 (relating to accidents

involving damage to attended vehicle or property).

(c)  Accelerative Rehabilitative Disposition as an offense.--

Acceptance of Accelerative Rehabilitative Disposition for any

offense enumerated in subsection (b) shall be considered an

offense for the purposes of this section.

(d)  Period of revocation.--The operating privilege of any

person found to be a habitual offender under the provisions of

this section shall be revoked by the department for a period of

five years.

(e)  Additional offenses.--Each additional offense committed

within a period of five years, as measured from the date of any

previous offense, shall result in a revocation for an additional

period of two years.

§ 1543.  Driving while operating privilege is suspended or

revoked.

(a)  Offense defined.--Except as provided in subsection (b),

any person who drives a motor vehicle on any highway or

trafficway of this Commonwealth after the commencement of a

suspension, revocation or cancellation of the operating

privilege and before the operating privilege has been restored

is guilty of a summary offense and shall, upon conviction, be

sentenced to pay a fine of $200.

(b)  Certain offenses.--

(1)  A person who drives a motor vehicle on a highway or

trafficway of this Commonwealth at a time when the person's

operating privilege is suspended or revoked as a condition of

acceptance of Accelerated Rehabilitative Disposition for a

violation of section 3802 (relating to driving under

influence of alcohol or controlled substance) or the former

section 3731 (relating to driving under influence of alcohol

or controlled substance), because of a violation of section

1547(b)(1) (relating to [suspension for refusal] chemical

testing to determine amount of alcohol or controlled

substance) or 3802 or former section 3731 or is suspended

under section 1581 (relating to Driver's License Compact) for

an offense substantially similar to a violation of section

3802 or former section 3731 shall, upon conviction, be guilty

of a summary offense and shall be sentenced to pay a fine of

$500 and to undergo imprisonment for a period of not less

than 60 days nor more than 90 days.

(1.1)  (i)  A person who has an amount of alcohol by

weight in his blood that is equal to or greater than .02%

at the time of testing or who at the time of testing has

in his blood any amount of a Schedule I or nonprescribed

Schedule II or III controlled substance, as defined in

the act of April 14, 1972 (P.L.233, No.64), known as The

Controlled Substance, Drug, Device and Cosmetic Act, or

its metabolite and who drives a motor vehicle on any

highway or trafficway of this Commonwealth at a time when

the person's operating privilege is suspended or revoked

as a condition of acceptance of Accelerated

Rehabilitative Disposition for a violation of section

3802 or former section 3731 or because of a violation of

section 1547(b)(1) or 3802 or former section 3731 or is

suspended under section 1581 for an offense substantially

similar to a violation of section 3802 or former section

3731 shall, upon a first conviction, be guilty of a

summary offense and shall be sentenced to pay a fine of

$1,000 and to undergo imprisonment for a period of not

less than 90 days.

(ii)  A second violation of this paragraph shall

constitute a misdemeanor of the third degree, and upon

conviction thereof the person shall be sentenced to pay a

fine of $2,500 and to undergo imprisonment for not less

than six months.

(iii)  A third or subsequent violation of this

paragraph shall constitute a misdemeanor of the first

degree, and upon conviction thereof the person shall be

sentenced to pay a fine of $5,000 and to undergo

imprisonment for not less than two years.

(2)  This subsection shall apply to any person against

whom one of these suspensions has been imposed whether the

person is currently serving this suspension or whether the

effective date of suspension has been deferred under any of

the provisions of section 1544 (relating to additional period

of revocation or suspension). This provision shall also apply

until the person has had the operating privilege restored.

This subsection shall also apply to any revocation imposed

pursuant to section 1542 (relating to revocation of habitual

offender's license) if any of the enumerated offenses was for

a violation of section 3802 or former section 3731 or for an

out-of-State offense that is substantially similar to a

violation of section 3802 or former section 3731, for which a

revocation is imposed under section 1581.

(3)  Notwithstanding any other provision of law to the

contrary, if the police suspect that a driver may be charged

under this subsection, chemical testing shall be administered

under section 1547.

(c)  Suspension or revocation of operating privilege.--Upon

receiving a certified record of the conviction of any person

under this section, the department shall suspend or revoke that

person's operating privilege as follows:

(1)  If the department's records show that the person was

under suspension, recall or cancellation on the date of

violation, and had not been restored, the department shall

suspend the person's operating privilege for an additional

one-year period.

(2)  If the department's records show that the person was

under revocation on the date of violation, and had not been

restored, the department shall revoke the person's operating

privilege for an additional two-year period.

(d)  Citation of appropriate subsection.--Prior to filing a

citation for a violation of this section with the issuing

authority named in the citation, the police officer shall verify

the basis for the suspension with the department. Upon receiving

the verification, the officer shall cite the appropriate

subsection of this section on the citation.

§ 1575.  Permitting violation of title.

(a)  General rule.--No person shall authorize or knowingly

permit a motor vehicle owned by him or under his control to be

driven in violation of any of the provisions of this title.

(b)  Penalty.--Any person violating the provisions of

subsection (a) is guilty of a summary offense and is subject to

the same fine as the driver of the vehicle. If the driver is

convicted under section 1543 (relating to driving while

operating privilege is suspended or revoked), section 3735

(relating to homicide by vehicle while driving under influence)

or 3802 (relating to driving under influence of alcohol or

controlled substance), the person violating subsection (a) shall

also be subject to suspension or revocation, as applicable,

under sections 1532 (relating to [revocation or] suspension of

operating privilege), 1542 (relating to revocation of habitual

offender's license) and 3804(e) (relating to penalties).

(c)  Indemnification.--In cases where a driver of a motor

vehicle is required to conduct a pretrip safety inspection

pursuant to department regulations and is subsequently convicted

of one or more equipment violations under this title, the owner

of the vehicle shall indemnify the driver for any fines and

costs paid if the specific equipment violation was listed on the

driver's pretrip inspection report and acknowledged in writing

by the owner.

(d)  Impound of vehicle.--Any motor vehicle used in violation

of section 1543(b) may be impounded for a period of 90 days if

the Commonwealth proves that the registered owner knowingly

permitted an individual to operate the vehicle in violation of

section 1543.

Section 2.  Section 3732 of Title 75, amended October 19,

2010 (P.L.557, No.81), is amended to read:

§ 3732.  Homicide by vehicle.

(a)  Offense.--Any person who recklessly or with gross

negligence causes the death of another person while engaged in

the violation of any law of this Commonwealth or municipal

ordinance applying to the operation or use of a vehicle or to

the regulation of traffic except section 3802 (relating to

driving under influence of alcohol or controlled substance) is

guilty of homicide by vehicle, a felony of the third degree,

when the violation is the cause of death.

(b)  Sentencing.--

(1)  In addition to any other penalty provided by law, a

person convicted of a violation of subsection (a) may be

sentenced to an additional term not to exceed five years'

confinement if at trial the prosecution proves beyond a

reasonable doubt that the offense occurred in an active work

zone.

(1.1)  In addition to any other penalty provided by law,

a person convicted of a violation of subsection (a) as the

result of a violation of section 3325 (relating to duty of

driver on approach of emergency vehicle) or 3327 (relating to

duty of driver in emergency response areas) and who is

convicted of violating section 3325 or 3327 may be sentenced

to an additional term not to exceed five years' confinement

when the violation resulted in death.

(1.2)  In addition to any other penalty provided by law,

a person convicted of a violation of subsection (a) may be

sentenced to an additional term not to exceed five years'

imprisonment if at trial the prosecution proves beyond a

reasonable doubt that the offense occurred while the driver's

operating privilege was suspended or revoked for a violation

of section 3802 or the former section 3731 (relating to

driving under influence of alcohol or controlled substance).

(2)  The prosecution must indicate intent to proceed

under this section in the indictment or information which

commences the prosecution.

(3)  The Pennsylvania Commission on Sentencing, pursuant

to 42 Pa.C.S. § 2154 (relating to adoption of guidelines for

sentencing), shall provide for a sentencing enhancement for

an offense under this section when the violation occurred in

an active work zone or was the result of a violation of

section 3325 or 3327.

Section 3.  Section 6503.1 of Title 75 is amended to read:

§ 6503.1.  Habitual offenders.

(a)  General rule.--A habitual offender under section 1542

(relating to revocation of habitual offender's license) who

drives a motor vehicle on any highway or trafficway of this

Commonwealth while the habitual offender's operating privilege

is suspended, revoked or canceled commits a misdemeanor of the

second degree.

(b)  Impound of vehicle.--When an officer has probable cause

to believe a person has violated subsection (a), the officer

shall not permit the suspected offender to drive the involved

vehicle. The officer may permit the registered owner to remove

the vehicle from the place of the traffic stop so long as the

registered owner is properly licensed to drive the vehicle and  

the officer does not have probable cause to issue a citation to 

the registered owner for a violation of section 1575 (relating

to permitting violation of title). Otherwise, the officer shall

impound the vehicle.

(c)  Forfeiture of vehicle.--Any motor vehicle used in

violation of this section shall be forfeited to the Commonwealth

if, upon hearing, the Commonwealth shows by a preponderance of

the evidence that the registered owner operated the vehicle in

violation of this section.

Section 4.  This act shall take effect in 60 days.