1Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2Statutes, further providing for revocation of habitual
3offender's license, for driving while operating privilege is
4suspended or revoked, for permitting violation of title, for
5homicide by vehicle and for habitual offenders.

6This act shall be referred to as Alex's Law.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. Section 1542 of Title 75 of the Pennsylvania
10Consolidated Statutes is amended to read:

11§ 1542. Revocation of habitual offender's license.

12(a) General rule.--The department shall revoke the operating
13privilege of any person found to be a habitual offender pursuant
14to the provisions of this section. A "habitual offender" shall
15be any person whose driving record, as maintained in the
16department, shows that such person has accumulated the requisite
17number of convictions for the separate and distinct offenses
18described and enumerated in subsection (b) committed after the
19effective date of this title and within any period of five years

1thereafter.

2(b) Offenses enumerated.--Three convictions arising from
3separate acts of any one or more of the following offenses
4committed by any person shall result in such person being
5designated as a habitual offender:

6(1) Any violation of Subchapter B of Chapter 37
7(relating to serious traffic offenses).

8(1.1) Any violation of Chapter 38 (relating to driving
9after imbibing alcohol or utilizing drugs) except for
10sections 3808(a)(1) and (b) (relating to illegally operating
11a motor vehicle not equipped with ignition interlock) and
123809 (relating to restriction on alcoholic beverages).

13(1.2) Any violation of section [1543(b)(1.1)] 1543(b)
14(relating to driving while operating privilege is suspended
15or revoked).

16(2) Any violation of section 3367 (relating to racing on
17highways).

18(3) Any violation of section 3742 (relating to accidents
19involving death or personal injury).

20(3.1) Any violation of section 3742.1 (relating to
21accidents involving death or personal injury while not
22properly licensed).

23(4) Any violation of section 3743 (relating to accidents
24involving damage to attended vehicle or property).

25(c) Accelerative Rehabilitative Disposition as an offense.--
26Acceptance of Accelerative Rehabilitative Disposition for any
27offense enumerated in subsection (b) shall be considered an
28offense for the purposes of this section.

29(d) Period of revocation.--The operating privilege of any
30person found to be a habitual offender under the provisions of

1this section shall be revoked by the department for a period of
2five years.

3(e) Additional offenses.--Each additional offense committed
4within a period of five years, as measured from the date of any
5previous offense, shall result in a revocation for an additional
6period of two years.

7Section 2. Section 1543(b) of Title 75, amended July 5, 2012
8(P.L.914, No.93), is amended to read:

9§ 1543. Driving while operating privilege is suspended or
10revoked.

11* * *

12(b) Certain offenses.--

13(1) A person who drives a motor vehicle on a highway or
14trafficway of this Commonwealth at a time when the person's
15operating privilege is suspended or revoked as a condition of
16acceptance of Accelerated Rehabilitative Disposition for a
17violation of section 3802 (relating to driving under
18influence of alcohol or controlled substance) or the former
19section 3731 (relating to driving under influence of alcohol 
20or controlled substance), because of a violation of section
211547(b)(1) (relating to [suspension for refusal] chemical 
22testing to determine amount of alcohol or controlled 
23substance) or 3802 or former section 3731 or is suspended
24under section 1581 (relating to Driver's License Compact) for
25an offense substantially similar to a violation of section
263802 or former section 3731 shall, upon conviction, be guilty
27of a summary offense and shall be sentenced to pay a fine of
28$500 and to undergo imprisonment for a period of not less
29than 60 days nor more than 90 days.

30(1.1) (i) A person who has an amount of alcohol by 

1weight in his blood that is equal to or greater than .02% 
2at the time of testing or who at the time of testing has 
3in his blood any amount of a Schedule I or nonprescribed 
4Schedule II or III controlled substance, as defined in 
5the act of April 14, 1972 (P.L.233, No.64), known as The 
6Controlled Substance, Drug, Device and Cosmetic Act, or 
7its metabolite or who refuses testing of blood or breath 
8and who drives a motor vehicle on any highway or 
9trafficway of this Commonwealth at a time when the 
10person's operating privilege is suspended or revoked as a 
11condition of acceptance of Accelerated Rehabilitative 
12Disposition for a violation of section 3802 or former 
13section 3731 or because of a violation of section 1547(b)
14(1) or 3802 or former section 3731 or is suspended under 
15section 1581 for an offense substantially similar to a 
16violation of section 3802 or former section 3731 shall, 
17upon a first conviction, be guilty of a summary offense 
18and shall be sentenced to pay a fine of $1,000 and to 
19undergo imprisonment for a period of not less than 90 
20days.

21(ii) A second violation of this paragraph shall
22constitute a misdemeanor of the third degree, and upon
23conviction thereof the person shall be sentenced to pay a
24fine of $2,500 and to undergo imprisonment for not less
25than six months.

26(iii) A third or subsequent violation of this
27paragraph shall constitute a misdemeanor of the first
28degree, and upon conviction thereof the person shall be
29sentenced to pay a fine of $5,000 and to undergo
30imprisonment for not less than two years.

1(2) This subsection shall apply to any person against
2whom one of these suspensions has been imposed whether the
3person is currently serving this suspension or whether the
4effective date of suspension has been deferred under any of
5the provisions of section 1544 (relating to additional period
6of revocation or suspension). This provision shall also apply
7until the person has had the operating privilege restored.
8This subsection shall also apply to any revocation imposed
9pursuant to section 1542 (relating to revocation of habitual
10offender's license) if any of the enumerated offenses was for
11a violation of section 3802 or former section 3731 or for an
12out-of-State offense that is substantially similar to a
13violation of section 3802 or former section 3731, for which a
14revocation is imposed under section 1581.

15(3) Notwithstanding any other provision of law to the
16contrary, if the police suspect that a driver may be charged
17under this subsection, chemical testing shall be administered
18under section 1547.

19* * *

20Section 3. Sections 1575, 3732 and 6503.1 of Title 75 are
21amended to read:

22§ 1575. Permitting violation of title.

23(a) General rule.--No person shall authorize or knowingly
24permit a motor vehicle owned by him or under his control to be
25driven in violation of any of the provisions of this title.

26(b) Penalty.--Any person violating the provisions of
27subsection (a) is guilty of a summary offense and is subject to
28the same fine as the driver of the vehicle. If the driver is
29convicted under section 1543 (relating to driving while 
30operating privilege is suspended or revoked), section 3735

1(relating to homicide by vehicle while driving under influence)
2or 3802 (relating to driving under influence of alcohol or
3controlled substance), the person violating subsection (a) shall
4also be subject to suspension or revocation, as applicable,
5under sections 1532 (relating to [revocation or] suspension of
6operating privilege), 1542 (relating to revocation of habitual
7offender's license) and 3804(e) (relating to penalties).

8(c) Indemnification.--In cases where a driver of a motor
9vehicle is required to conduct a pretrip safety inspection
10pursuant to department regulations and is subsequently convicted
11of one or more equipment violations under this title, the owner
12of the vehicle shall indemnify the driver for any fines and
13costs paid if the specific equipment violation was listed on the
14driver's pretrip inspection report and acknowledged in writing
15by the owner.

16(d) Impound of vehicle.--A motor vehicle used in violation 
17of section 1543(b) may be impounded for a period of 90 days if 
18the Commonwealth proves that the registered owner knowingly 
19permitted an individual to operate the vehicle in violation of 
20section 1543.

21§ 3732. Homicide by vehicle.

22(a) Offense.--Any person who recklessly or with gross
23negligence causes the death of another person while engaged in
24the violation of any law of this Commonwealth or municipal
25ordinance applying to the operation or use of a vehicle or to
26the regulation of traffic except section 3802 (relating to
27driving under influence of alcohol or controlled substance) is
28guilty of homicide by vehicle, a felony of the third degree,
29when the violation is the cause of death.

30(b) Sentencing.--

1(1) In addition to any other penalty provided by law, a
2person convicted of a violation of subsection (a) may be
3sentenced to an additional term not to exceed five years'
4confinement if at trial the prosecution proves beyond a
5reasonable doubt that the offense occurred in an active work
6zone.

7(1.1) In addition to any other penalty provided by law,
8a person convicted of a violation of subsection (a) as the
9result of a violation of section 3325 (relating to duty of
10driver on approach of emergency vehicle) or 3327 (relating to
11duty of driver in emergency response areas) and who is
12convicted of violating section 3325 or 3327 may be sentenced
13to an additional term not to exceed five years' confinement
14when the violation resulted in death.

15(1.2) In addition to any other penalty provided by law,
16a person convicted of a violation of subsection (a) may be
17sentenced to an additional term not to exceed five years'
18imprisonment if at trial the prosecution proves beyond a
19reasonable doubt that the offense occurred while the driver's
20operating privilege was suspended or revoked for a violation
21of section 3802 or the former section 3731 (relating to
22driving under influence of alcohol or controlled substance).

23(2) The prosecution must indicate intent to proceed
24under this section in the indictment or information which
25commences the prosecution.

26(3) The Pennsylvania Commission on Sentencing, pursuant
27to 42 Pa.C.S. § 2154 (relating to adoption of guidelines for
28sentencing), shall provide for a sentencing enhancement for
29an offense under this section when the violation occurred in
30an active work zone or was the result of a violation of 

1section 3325 or 3327.

2§ 6503.1. Habitual offenders.

3(a) General rule.--A habitual offender under section 1542
4(relating to revocation of habitual offender's license) who
5drives a motor vehicle on any highway or trafficway of this
6Commonwealth while the habitual offender's operating privilege
7is suspended, revoked or canceled commits a misdemeanor of the
8second degree.

9(b) Impound of vehicle.--When an officer has probable cause 
10to believe a person has violated subsection (a), the officer 
11shall not permit the suspected offender to drive the involved 
12vehicle. The officer may permit the registered owner to remove 
13the vehicle from the place of the traffic stop so long as the 
14registered owner is properly licensed to drive the vehicle and
15the officer does not have probable cause to issue a citation to 
16the registered owner for a violation of section 1575 (relating 
17to permitting violation of title). Otherwise, the officer shall 
18impound the vehicle.

19(c) Forfeiture of vehicle.--A motor vehicle used in
20violation of this section shall be forfeited to the Commonwealth
21if, upon hearing, the Commonwealth shows by a preponderance of
22the evidence that the registered owner operated the vehicle in
23violation of this section.

24Section 4. This act shall take effect in 60 days.