1Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2Statutes, in offenses in general, further providing for
3leaving an unattended child in a motor vehicle; and, in
4driving after imbibing alcohol or utilizing drugs, further
5providing for penalties.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

8Section 1. Sections 3701.1 and 3804(b) and (e)(2) of Title
975 of the Pennsylvania Consolidated Statutes are amended to
10read:

11§ 3701.1. Leaving an unattended child in a motor vehicle.

12(a) General rule.--A person driving or in charge of a motor
13vehicle may not permit a child under six years of age to remain
14unattended in the vehicle when the motor vehicle is out of the
15person's sight and under circumstances which endanger the
16health, safety or welfare of the child.

17[(a.1) Applicability.--This section shall apply to the 
18highways and trafficways of this Commonwealth and, for the 
19purposes of this section only, the term "trafficways" shall 

1include, but not be limited to, parking lots.

2(b) Penalty.--A person who violates this section commits a
3summary offense. It is a separate offense for each child left
4unattended.]

5(c) School bus or school vehicle.---

6(1) A driver of a school bus, school vehicle or any
7other motor vehicle who either is employed by a school
8district or transports pupils under a contract with the
9school district commits an offense if he intentionally,
10knowingly, recklessly or negligently leaves a pupil
11unattended in a school bus, school vehicle or other vehicle
12when the school bus, school vehicle or other vehicle is out
13of the driver's sight and under circumstances which endanger
14the health, safety or welfare of the pupil.

15(2) Failure of the driver to strictly comply with all
16regulations promulgated by the State Board of Education
17governing the transportation of school pupils shall be prima
18facie evidence of a violation of this subsection.

19(d) Suspension of operating privilege.---

20(1) The department shall suspend the school bus driver
21endorsement of a driver held by the driver pursuant to
22section 1509 (relating to qualifications for school bus
23driver endorsement) upon receiving a certified record of the
24driver's conviction under subsection (c).

25(2) The suspension shall be as follows:

26(i) For a first offense, 30 days.

27(ii) For a second offense, 60 days.

28(e) Revocation of school bus driver endorsement.---The
29department shall permanently revoke any school bus driver
30endorsement held by a driver pursuant to section 1509 upon

1receiving a certified record of the driver's third conviction
2under subsection (c).

3(f) Applicability.--This section shall apply to the highways
4and trafficways of this Commonwealth and, for the purposes of
5this section only, the term "trafficways" shall include, but not
6be limited to, parking lots.

7(g) Penalties.---

8(1) A person who violates subsection (a) commits a
9summary offense. It is a separate offense for each child left
10unattended.

11(2) A person who violates subsection (c) commits a
12summary offense and shall be subject to:

13(i) A fine not to exceed $300 for a first offense.

14(ii) A fine of not less than $300 nor more than
15$1,000 for a second offense.

16(iii) A fine of not less than $1,000 nor more than
17$1,500 for a third offense.

18§ 3804. Penalties.

19* * *

20(b) High rate of blood alcohol; minors; commercial vehicles
21and school buses and school vehicles; accidents.--Except as set
22forth in subsection (c), an individual who violates section
233802(a)(1) where there was an accident resulting in bodily
24injury, serious bodily injury or death of any person or damage
25to a vehicle or other property or who violates section 3802(b),
26(e) or (f) shall be sentenced as follows:

27(1) For a first offense, to:

28(i) undergo imprisonment of not less than 48
29consecutive hours or not less than 30 days for a 
30violation of section 3802(f) involving a school bus or 

1school vehicle;

2(ii) pay a fine of not less than $500 nor more than
3$5,000 or not less than $5,000 nor more than $10,000 for 
4a violation of section 3802(f) involving a school bus or 
5school vehicle;

6(iii) attend an alcohol highway safety school
7approved by the department; and

8(iv) comply with all drug and alcohol treatment
9requirements imposed under sections 3814 and 3815.

10(2) For a second offense, to:

11(i) undergo imprisonment of not less than 30 days or 
12not less than 90 days for a violation of section 3802(f) 
13involving a school bus or school vehicle;

14(ii) pay a fine of not less than $750 nor more than
15$5,000 or not less than $7,500 nor more than $15,000 for 
16a violation of section 3802(f) involving a school bus or 
17school vehicle;

18(iii) attend an alcohol highway safety school
19approved by the department; and

20(iv) comply with all drug and alcohol treatment
21requirements imposed under sections 3814 and 3815.

22(3) For a third offense, to:

23(i) undergo imprisonment of not less than 90 days or 
24not less than one year for a violation of section 3802(f) 
25involving a school bus or school vehicle;

26(ii) pay a fine of not less than $1,500 nor more
27than $10,000 or not less than $10,000 nor more than 
28$20,000 for a violation of section 3802(f) involving a 
29school bus or school vehicle; and

30(iii) comply with all drug and alcohol treatment

1requirements imposed under sections 3814 and 3815.

2(4) For a fourth or subsequent offense, to:

3(i) undergo imprisonment of not less than one year
4or not less than five years for a violation of section 
53802(f) involving a school bus or school vehicle;

6(ii) pay a fine of not less than $1,500 nor more
7than $10,000 or not less than $15,000 nor more than 
8$25,000 for a violation of section 3802(f) involving a 
9school bus or school vehicle; and

10(iii) comply with all drug and alcohol treatment
11requirements imposed under sections 3814 and 3815.

12* * *

13(e) Suspension of operating privileges upon conviction.--

14* * *

15(2) Suspension under paragraph (1) shall be in
16accordance with the following:

17(i) Except as provided for in subparagraph (iii), 12
18months for an ungraded misdemeanor or misdemeanor of the
19second degree under this chapter.

20(ii) 18 months for a misdemeanor of the first degree
21under this chapter.

22(ii.1) 24 months for violation of section 3802(f)
23involving a school bus or school vehicle.

24(iii) There shall be no suspension for an ungraded
25misdemeanor under section 3802(a) where the person is
26subject to the penalties provided in subsection (a) and
27the person has no prior offense.

28(iv) For suspensions imposed under paragraph (1)
29(ii), notwithstanding any provision of law or enforcement
30agreement to the contrary, all of the following apply:

1(A) Suspensions shall be in accordance with
2Subchapter D of Chapter 15 (relating to the Driver's
3License Compact).

4(B) In calculating the term of a suspension for
5an offense that is substantially similar to an
6offense enumerated in section 3802, the department
7shall presume that if the conduct reported had
8occurred in this Commonwealth then the person would
9have been convicted under section 3802(a)(2).

10(v) Notwithstanding any other provision of law or 
11enforcement agreement to the contrary, the department 
12shall suspend the operating privilege of a driver for six 
13months upon receiving a certified record of a consent 
14decree granted under 42 Pa.C.S. Ch. 63 (relating to 
15juvenile matters) based on section 3802.

16* * *

17Section 2. This act shall take effect in 60 days.