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PRINTER'S NO. 3825
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2528
Session of
2018
INTRODUCED BY GREINER, CORBIN, MACKENZIE, WATSON, D. COSTA,
JAMES, MILLARD, FEE, GILLESPIE, PHILLIPS-HILL, MOUL,
SCHLOSSBERG, GROVE, HICKERNELL, GILLEN, ZIMMERMAN, CUTLER,
B. MILLER, DeLUCA AND KEEFER, JUNE 25, 2018
REFERRED TO COMMITTEE ON TRANSPORTATION, JUNE 25, 2018
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in licensing of drivers, further providing for
notice of acceptance of Accelerated Rehabilitative
Disposition; and, in driving after imbibing alcohol or
utilizing drugs, further providing for grading, for penalties
and for prior offenses.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1534(b), (c) and (d) of Title 75 of the
Pennsylvania Consolidated Statutes are amended to read:
ยง 1534. Notice of acceptance of Accelerated Rehabilitative
Disposition.
* * *
(b) Exception.--If a person is arrested for any offense
enumerated in section 3802 (relating to driving under influence
of alcohol or controlled substance) and is offered and accepts
Accelerated Rehabilitative Disposition under general rules, the
court shall promptly notify the department. The department shall
maintain a record of the acceptance of Accelerated
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Rehabilitative Disposition [for a period of ten years from the
date of notification]. This record shall not be expunged by
order of court [or prior to the expiration of the ten-year
period].
[(c) Expungement.--Immediately following the expiration of
the ten-year period, the department shall expunge the record of
the acceptance of Accelerated Rehabilitative Disposition. The
department shall not require an order of court to expunge the
record.
(d) Exceptions to expungement.--The department shall not be
required to expunge the record of acceptance of Accelerated
Rehabilitative Disposition if:
(1) during the ten-year period, the department revokes
the operating privileges of a person pursuant to section 1542
(relating to revocation of habitual offender's license); or
(2) the person was a commercial driver at the time of
the violation causing the disposition.]
Section 2. Section 3803 of Title 75, declared
unconstitutional in part, 155 A.3d 635 (Pa. Super. Ct. 2017), is
reenacted and amended to read:
ยง 3803. Grading.
(a) Basic offenses.--Except as provided in subsection (b):
(1) An individual who violates section 3802(a) (relating
to driving under influence of alcohol or controlled
substance) and has no more than one prior offense within the
past 10 years as specified in section 3806(b) (relating to
prior offenses) commits a misdemeanor for which the
individual may be sentenced to a term of imprisonment of not
more than six months and to pay a fine under section 3804
(relating to penalties).
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(2) An individual who violates section 3802(a) and has
no more than [one prior offense] two prior offenses as
specified in section 3806(a) commits a misdemeanor of the
second degree.
(3) An individual who violates section 3802(a) and has
no more than two prior offenses within the past 10 years as
specified in section 3806(b) commits a felony of the third
degree.
(4) An individual who violates section 3802(a) and has
three or more prior offenses as specified in section 3806(a)
commits a felony of the third degree.
(b) Other offenses.--
(1) An individual who violates section 3802(a)(1) where
there was an accident resulting in bodily injury, serious
bodily injury or death of any person or in damage to a
vehicle or other property, or who violates section 3802(b),
(e) or (f) and who has no more than one prior offense within
the past 10 years as specified in section 3806(b) commits a
misdemeanor for which the individual may be sentenced to a
term of imprisonment of not more than six months and to pay a
fine under section 3804.
(2) An individual who violates section 3802(a) where
another individual under 18 years of age was an occupant of
the vehicle when the violation occurred, section 3802(a)(1)
or (f)(2), (3) or (4) where the individual refused testing of
blood or breath, or who violates section 3802(c) or (d) and
who has no prior offenses commits a misdemeanor for which the
individual may be sentenced to a term of imprisonment of not
more than six months and to pay a fine under section 3804.
(3) An individual who violates section 3802(a)(1) where
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there was an accident resulting in bodily injury, serious
bodily injury or death of any person or in damage to a
vehicle or other property, or who violates section 3802(b),
(e) or (f) and who has [more than one prior offense commits a
misdemeanor of the first degree.] no more than two prior
offenses as specified in section 3806(a) commits a
misdemeanor of the first degree.
(3.1) An individual who violates section 3802(a)(1)
where there was an accident resulting in bodily injury,
serious bodily injury or death of an individual or in damage
to a vehicle or other property, or who violates section
3802(b), (e) or (f) and who has no more than two prior
offenses within the past 10 years as specified in section
3806(b) commits a felony of the third degree.
(3.2) An individual who violates section 3802(a)(1)
where there was an accident resulting in bodily injury,
serious bodily harm or death of an individual or in damage to
a vehicle or other property, or who violates section 3802(b),
(e) or (f) and who has more than two prior offenses as
specified in section 3806(a) commits a felony of the third
degree.
(4) An individual who violates section 3802(a) where
another individual under 18 years of age was an occupant of
the vehicle when the violation occurred, section 3802(a)(1)
or (f)(2), (3) or (4) where the individual refused testing of
blood or breath, or who violates section 3802(c) or (d) and
who has [one or more prior offenses] no more than one prior
offense within the past 10 years as specified in section
3806(b) commits a misdemeanor of the first degree.
(4.1) An individual who violates section 3802(a) where
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another individual under 18 years of age was an occupant of
the vehicle when the violation occurred, section 3802(a)(1)
or (f)(2), (3) or (4) where the individual refused testing of
blood or breath, or who violates section 3802(c) or (d) and
who has no more than two prior offenses as specified in
section 3806(a) commits a misdemeanor of the first degree.
(4.2) An individual who violates section 3802(a) where
another individual under 18 years of age was an occupant of
the vehicle when the violation occurred, section 3802(a)(1)
or (f)(2), (3) or (4) where the individual refused testing of
blood or breath, or who violates section 3802(c) or (d) and
who has no more than two prior offenses within the past 10
years as specified in section 3806(b) commits a felony of the
third degree.
(4.3) An individual who violates section 3802(a) where
another individual under 18 years of age was an occupant of
the vehicle when the violation occurred, section 3802(a)(1)
or (f)(2), (3) or (4) where the individual refused testing of
blood or breath, or who violates section 3802(c) or (d) and
who has more than two prior offenses as specified in section
3806(a) commits a felony of the third degree.
(5) An individual who violates section 3802 where a
minor under 18 years of age was an occupant in the vehicle
when the violation occurred commits a misdemeanor of the
first degree.
Section 3. Sections 3804(a), (b), (c), (c.1) and (e) and
3806(b) of Title 75 are amended to read:
ยง 3804. Penalties.
(a) General impairment.--Except as set forth in subsection
(b) or (c), an individual who violates section 3802(a) (relating
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to driving under influence of alcohol or controlled substance)
shall be sentenced as follows:
(1) For a first offense, to:
(i) undergo a mandatory minimum term of six months'
probation;
(ii) pay a fine of $300;
(iii) attend an alcohol highway safety school
approved by the department; and
(iv) comply with all drug and alcohol treatment
requirements imposed under sections 3814 (relating to
drug and alcohol assessments) and 3815 (relating to
mandatory sentencing).
(2) For a second offense, to:
(i) undergo imprisonment for not less than five
days;
(ii) pay a fine of not less than $300 nor more than
$2,500;
(iii) attend an alcohol highway safety school
approved by the department; and
(iv) comply with all drug and alcohol treatment
requirements imposed under sections 3814 and 3815.
(3) For a third [or subsequent] offense graded as a
misdemeanor under section 3803 (relating to grading), to:
(i) undergo imprisonment of not less than ten days;
(ii) pay a fine of not less than $500 nor more than
$5,000; and
(iii) comply with all drug and alcohol treatment
requirements imposed under sections 3814 and 3815.
(4) For a third offense graded as a felony of the third
degree under section 3803, to:
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(i) undergo imprisonment for not less than 90 days;
(ii) pay a fine of not less than $1,500 nor more
than $15,000; and
(iii) comply with all drug and alcohol treatment
requirements imposed under sections 3814 and 3815.
(5) For a fourth or subsequent offense graded as a
felony of the third degree under section 3803, to:
(i) undergo imprisonment for not less than six
months;
(ii) pay a fine of not less than $2,500 nor more
than $15,000; and
(iii) comply with all drug and alcohol treatment
requirements imposed under sections 3814 and 3815.
(b) High rate of blood alcohol; minors; commercial vehicles
and school buses and school vehicles; accidents.--Except as set
forth in subsection (c), an individual who violates section
3802(a)(1) where there was an accident resulting in bodily
injury, serious bodily injury or death of any person or damage
to a vehicle or other property or who violates section 3802(b),
(e) or (f) shall be sentenced as follows:
(1) For a first offense, to:
(i) undergo imprisonment of not less than 48
consecutive hours;
(ii) pay a fine of not less than $500 nor more than
$5,000;
(iii) attend an alcohol highway safety school
approved by the department; and
(iv) comply with all drug and alcohol treatment
requirements imposed under sections 3814 and 3815.
(2) For a second offense, to:
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(i) undergo imprisonment of not less than 30 days;
(ii) pay a fine of not less than $750 nor more than
$5,000;
(iii) attend an alcohol highway safety school
approved by the department; and
(iv) comply with all drug and alcohol treatment
requirements imposed under sections 3814 and 3815.
(3) For a third offense graded as a misdemeanor under
section 3803, to:
(i) undergo imprisonment of not less than 90 days;
(ii) pay a fine of not less than $1,500 nor more
than $10,000; and
(iii) comply with all drug and alcohol treatment
requirements imposed under sections 3814 and 3815.
(3.1) For a third offense graded as a felony of the
third degree under section 3803, to:
(i) undergo imprisonment of not less than six
months;
(ii) pay a fine of not less than $2,500 nor more
than $15,000; and
(iii) comply with all drug and alcohol treatment
requirements imposed under sections 3814 and 3815.
(4) For a fourth or subsequent offense graded as an
offense of the third degree under section 3803, to:
(i) undergo imprisonment of not less than one year;
(ii) pay a fine of not less than [$1,500] $5,000 nor
more than [$10,000] $15,000; and
(iii) comply with all drug and alcohol treatment
requirements imposed under sections 3814 and 3815.
(c) Incapacity; highest blood alcohol; controlled
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substances.--An individual who violates section 3802 where
another individual under 18 years of age was an occupant of the
vehicle when the violation occurred, section 3802(a)(1) or (f)
(2), (3) or (4) and refused testing of breath under section 1547
(relating to chemical testing to determine amount of alcohol or
controlled substance) or testing of blood pursuant to a valid
search warrant or an individual who violates section 3802(c) or
(d) shall be sentenced as follows:
(1) For a first offense, to:
(i) undergo imprisonment of not less than 72
consecutive hours;
(ii) pay a fine of not less than $1,000 nor more
than $5,000;
(iii) attend an alcohol highway safety school
approved by the department; and
(iv) comply with all drug and alcohol treatment
requirements imposed under sections 3814 and 3815.
(2) For a second offense, to:
(i) undergo imprisonment of not less than 90 days;
(ii) pay a fine of not less than $1,500;
(iii) attend an alcohol highway safety school
approved by the department; and
(iv) comply with all drug and alcohol treatment
requirements imposed under sections 3814 and 3815.
(3) For a third [or subsequent] offense graded as a
misdemeanor under section 3803, to:
(i) undergo imprisonment of not less than one year;
(ii) pay a fine of not less than $2,500; and
(iii) comply with all drug and alcohol treatment
requirements imposed under sections 3814 and 3815.
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* * *
(4) For a third offense graded as a felony under section
3803, to:
(i) undergo imprisonment for not less than 18
months;
(ii) pay a fine of not less than $5,000 nor more
than $15,000; and
(iii) comply with all drug and alcohol treatment
requirements imposed under sections 3814 and 3815.
(5) For a fourth or subsequent offense graded as a
felony under section 3803, to:
(i) undergo imprisonment for not less than two
years;
(ii) pay a fine of not less than $7,500 nor more
than $15,000; and
(iii) comply with all drug and alcohol treatment
requirements imposed under sections 3814 and 3815.
[(c.1) Violation involving minor occupant.--An individual
who violates section 3803(b)(5) (relating to grading), in
addition to any penalty imposed in this chapter, shall be
sentenced as follows:
(1) For a first offense, to:
(i) pay a fine of not less than $1,000; and
(ii) complete 100 hours of community service.
(2) For a second offense, to:
(i) pay a fine of not less than $2,500; and
(ii) undergo imprisonment of not less than one month
nor more than six months.
(3) For a third or subsequent offense, undergo
imprisonment of not less than six months nor more than two
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years.]
* * *
(e) Suspension of operating privileges upon conviction.--
(1) The department shall suspend the operating privilege
of an individual under paragraph (2) upon receiving a
certified record of the individual's conviction of or an
adjudication of delinquency for:
(i) an offense under section 3802; or
(ii) an offense which is substantially similar to an
offense enumerated in section 3802 reported to the
department under Article III of the compact in section
1581 (relating to Driver's License Compact).
(2) Suspension under paragraph (1) shall be in
accordance with the following:
(i) Except as provided for in subparagraph (iii), 12
months for an ungraded misdemeanor or misdemeanor of the
second degree under this chapter.
(ii) 18 months for a misdemeanor of the first degree
under this chapter.
(ii.1) 24 months for a third offense graded as a
felony under this chapter.
(ii.2) 36 months for a fourth or subsequent offense
under this chapter.
(iii) There shall be no suspension for an ungraded
misdemeanor under section 3802(a) where the person is
subject to the penalties provided in subsection (a) and
the person has no prior offense.
(iv) For suspensions imposed under paragraph (1)
(ii), notwithstanding any provision of law or enforcement
agreement to the contrary, all of the following apply:
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(A) Suspensions shall be in accordance with
Subchapter D of Chapter 15 (relating to the Driver's
License Compact).
(B) In calculating the term of a suspension for
an offense that is substantially similar to an
offense enumerated in section 3802, the department
shall presume that if the conduct reported had
occurred in this Commonwealth then the person would
have been convicted under section 3802(a)(2).
(v) Notwithstanding any other provision of law or
enforcement agreement to the contrary, the department
shall suspend the operating privilege of a driver for six
months upon receiving a certified record of a consent
decree granted under 42 Pa.C.S. Ch. 63 (relating to
juvenile matters) based on section 3802.
* * *
ยง 3806. Prior offenses.
* * *
(b) Timing.--
(1) For purposes of sections 1553(d.2) (relating to
occupational limited license), 1556 (relating to ignition
interlock limited license), 3803 (relating to grading)[, 3804
(relating to penalties)] and 3805 (relating to ignition
interlock), the prior offense must have occurred:
(i) within 10 years prior to the date of the offense
for which the defendant is being sentenced; or
(ii) on or after the date of the offense for which
the defendant is being sentenced.
(2) The court shall calculate the number of prior
offenses, if any, at the time of sentencing.
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(3) If the defendant is sentenced for two or more
offenses in the same day, the offenses shall be considered
prior offenses within the meaning of this subsection.
Section 4. This act shall take effect in 60 days.
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