Regular Session 2023-2024 Senate Bill 0037 P.N. 1588

CORRECTIVE REPRINT

PRIOR PRINTER'S NOS. 582, 737, 939,

1458, 1583

PRINTER'S NO. 1588

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

Session of

2023

INTRODUCED BY BROWN, LANGERHOLC, FLYNN, STEFANO, SCHWANK,

SANTARSIERO AND CULVER, APRIL 10, 2023

AMENDMENTS TO HOUSE AMENDMENTS, IN SENATE, MAY 6, 2024

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, in general provisions, further providing for

definitions; in licensing of drivers, further providing for

learners' permits and for examination of applicant for

driver's license ; in rules of the road in general, further

providing for prohibiting text-based communications and

providing for prohibiting use of interactive mobile device;

in miscellaneous provisions relating to serious traffic

offenses, further providing for the offense of homicide by

vehicle and for the offense of aggravated assault by vehicle;

in enforcement, providing for data collection and reporting

relating to traffic stops; and imposing penalties.

This act may be referred to as Paul Miller's Law.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The definition of "interactive wireless

communications device" in section 102 of Title 75 of the

Pennsylvania Consolidated Statutes is amended to read:

§ 102. Definitions.

Subject to additional definitions contained in subsequent

provisions of this title which are applicable to specific

provisions of this title, the following words and phrases when

used in this title shall have, unless the context clearly

indicates otherwise, the meanings given to them in this section:

* * *

"Interactive [wireless communications] mobile device." A

handheld wireless telephone, personal digital assistant, smart

phone, portable or mobile computer or similar device which can

be used for voice communication, texting, [e-mailing] emailing,

browsing the Internet [or], instant messaging[.], playing games,

taking or transmitting images, recording or broadcasting videos,

creating or sharing social media or otherwise sending or

receiving electronic data. The term does not include any of the

following:

(1) a device being used exclusively as a global

positioning or navigation system;

(2) a [system or] device that is being used in a hands-

free manner or with a hands-free accessory or system,

including one that is physically or electronically integrated

into the vehicle; [or]

(3) a [communications] device that is affixed to a mass

transit vehicle, bus or school bus[.];

(4) A MOBILE OR HANDHELD RADIO BEING USED BY A PERSON

WITH AN AMATEUR RADIO STATION LICENSE ISSUED BY THE FEDERAL

COMMUNICATIONS COMMISSION;

(4) (5) a device being used exclusively for emergency

notification purposes;

(5) (6) a device being used exclusively by an emergency

service responder while operating an emergency vehicle and

engaged in the performance of duties; or

(6) (7) a device being used exclusively by a commercial

driver who within the scope of the individual's employment

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uses a device if the use is permitted under regulations

promulgated under 49 U.S.C. § 31136 (relating to United

States Government regulations).

* * *

Section 2. Section 1505(e)(2) of Title 75 is amended to

read:

§ 1505. Learners' permits.

* * *

(e) Authorization to test for driver's license and junior

driver's license.--A person with a learner's permit is

authorized to take the examination for a regular or junior

driver's license for the class of vehicle for which a permit is

held. Before a person under the age of 18 years may take the

examination for a junior driver's license, including a Class M

license to operate a motorcycle, the minor must:

* * *

(2) Present to the department a certification form

signed by the father, mother, guardian, person in loco

parentis or spouse of a married minor stating that the minor

applicant has:

(i) completed 65 hours of practical driving

experience accompanied as required under subsection (b);

[and]

(ii) except for a Class M license to operate a

motorcycle, the 65 hours included no less than ten hours

of nighttime driving and five hours of inclement weather

driving[.]; and

(iii) printed, at the department's discretion, or

viewed educational materials provided on the department's

publicly accessible Internet website on the dangers of

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distracted driving, which may include, but are not

limited to, written, electronic or video materials.

* * *

Section 3. Section 1508 of Title 75 is amended by adding a

subsection to read:

§ 1508. Examination of applicant for driver's license.

* * *

(c.1) Distracted driving awareness.--The portion of the

examination on traffic laws shall contain at least one question

on distracted driving relating to the driver's ability to

understand the effects of distracted driving. The driver's

manual shall include a section relating to distracted driving,

along with related penalties .

* * *

Section 4. Section 3316 of Title 75 is amended to read:

§ 3316. Prohibiting text-based communications.

(a) Prohibition.--No driver shall operate a motor vehicle on

a highway or trafficway in this Commonwealth while using an

interactive [wireless communications] mobile device to send,

read or write a text-based communication while the vehicle is in

motion. A person does not send, read or write a text-based

communication when the person reads, selects or enters a

telephone number or name in an interactive [wireless

communications] mobile device for the purpose of activating or

deactivating a voice communication or a telephone call.

(b) [(Reserved).] Emergency use exception.--Texting while

driving shall be permissible by a driver of a motor vehicle if

necessary to communicate with a law enforcement official or

other emergency services to prevent injury to persons or

property.

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construed as authorizing the seizure or forfeiture of an

interactive [wireless communications] mobile device, unless

otherwise provided by law.

(d) Penalty.--A person who violates subsection (a) commits a

summary offense and shall, upon conviction, be sentenced to pay

a fine of $50.

(d.1) Prohibition on similar citations.--A person may not be

charged with a violation of section 3316.1 (relating to

prohibiting use of interactive mobile device) concurrently with

a violation of subsection (a) for an offense committed at the

same time and place.

(e) Preemption of local ordinances.--In accordance with

section 6101 (relating to applicability and uniformity of

title), this section supersedes and preempts all ordinances of

any municipality with regard to the use of an interactive

[wireless communications] mobile device by the driver of a motor

vehicle.

(f) Definition.--As used in this section, the term "text-

based communication" means a text message, instant message,

electronic mail or other written communication composed or

received on an interactive [wireless communications] mobile

device.

Section 5. Title 75 is amended by adding a section to read:

§ 3316.1. Prohibiting use of interactive mobile device.

(a) Motor vehicle.--Except as provided under subsection (b),

no driver shall use an interactive mobile device while driving a

motor vehicle.

(b) Emergency use exception.--Using an interactive mobile

device shall be permissible by a driver of a motor vehicle if

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necessary to communicate with a law enforcement official or

other emergency services to prevent injury to persons or

property.

person who violates this section commits a summary offense and

shall, upon conviction, be sentenced to pay a fine of $50 .

(d) Preemption of local ordinances.--In accordance with

section 6101 (relating to applicability and uniformity of

title), this section supersedes and preempts all ordinances of

any municipality with regard to the use of an interactive mobile

device by a driver of a motor vehicle.

(e) Seizure.--Nothing in this section shall be construed to

authorize the seizure or forfeiture of an interactive mobile

device, unless otherwise provided by law.

(f) Law enforcement education.--The department, in

consultation with the Pennsylvania State Police, shall develop

and electronically distribute education materials for law

enforcement on how to effectively detect distracted drivers,

regardless of age, sex, race or ethnicity, who violate this

section.

(g) Warning period.--For the first 12 months after the

effective date of this subsection, a driver who violates

subsection (a) may only be issued a written warning for a

violation.

(h) Prohibition on similar citations.-- A person may not be

charged with a violation of section 3316 (relating to

prohibiting text-based communications) concurrently with a

violation of subsection (a) for an offense committed at the same

time and place.

(i) Definitions.--As used in this section, the following

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words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Driving." Operating a motor vehicle on a highway, including

while the motor vehicle is temporarily stationary because of

traffic, a traffic control device or other momentary delay. The

term does not include operating a motor vehicle if the driver

moved the vehicle to the side of or off of a highway and halted

in a location where the vehicle can safely remain stationary.

"Use an interactive mobile device." As follows:

(1) Using at least one hand to hold, or supporting with

another part of the body, an interactive mobile device .

(2) Dialing or answering an interactive mobile device by

pressing more than a single button.

(3) Reaching for an interactive mobile device in a

manner that requires a driver to maneuver so that the driver

is no longer in a seated driving position, restrained by a

seat belt that is installed in accordance with 49 CFR 393.93

(relating to seats, seat belt assemblies, and seat belt

assembly anchorages) and adjusted in accordance with the

vehicle manufacturer's instructions.

Section 6. Sections 3732(b)(1.1) and (3) and 3732.1(b)(2)

and (4) of Title 75 are amended to read:

§ 3732. Homicide by vehicle.

* * *

(b) Sentencing.--

* * *

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

a person convicted of a violation of subsection (a) who is

also convicted of a violation of section 1501 (relating to

drivers required to be licensed), 1543 (relating to driving

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while operating privilege is suspended or revoked), 3316

(relating to prohibiting text-based communications), 3316.1

(relating to prohibiting use of interactive mobile device),

3325 (relating to duty of driver on approach of emergency

vehicle) or 3327 (relating to duty of driver in emergency

response areas and in relation to disabled vehicles) may be

sentenced to an additional term not to exceed five years'

confinement.

* * *

(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 the individual was also convicted of a

violation of section 1501, 1543, 3316, 3316.1, 3325 or 3327.

§ 3732.1. Aggravated assault by vehicle.

* * *

(b) Sentencing.--

* * *

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

person convicted of a violation of subsection (a) who is also

convicted of a violation of section 1501 (relating to drivers

required to be licensed), 1543 (relating to driving while

operating privilege is suspended or revoked), 3316 (relating

to prohibiting text-based communications), 3316.1 (relating

to prohibiting use of interactive mobile device), 3325

(relating to duty of driver on approach of emergency vehicle)

or 3327 (relating to duty of driver in emergency response

areas and in relation to disabled vehicles) may be sentenced

to an additional term not to exceed two years' confinement.

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* * *

(4) The Pennsylvania Commission on Sentencing, under 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 the individual was also convicted of a

violation of section 1501, 1543, 3316, 3316.1, 3325 or 3327.

Section 7. Title 75 is amended by adding a section to read:

§ 6329. Data collection and reporting relating to traffic

stops.

(a) Data collection.--Notwithstanding any law to the

contrary, a Pennsylvania State Police officer or a local police

officer shall collect, in a form and manner determined by the

Pennsylvania State Police, the following information for any

self-initiated traffic stop made under this title as authorized

under section 6308 (relating to investigation by police

officers):

(1) The reason for the traffic stop.

(2) The perceived race and ethnicity of the driver

subject to the traffic stop.

(3) The gender and age of the driver subject to the

traffic stop.

(4) Whether a search was initiated, including a search

of a vehicle or the vehicle operator or passengers, and, if a

search was initiated, whether the search was conducted with

the consent of the operator or passengers.

(5) The results of a search.

(6) Whether the traffic stop or subsequent search

resulted in a warning, citation, arrest or other action.

(7) Any additional information the Pennsylvania State

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Police deems necessary.

(b) Effect of failure to collect data.--The failure of a

member of the Pennsylvania State Police or a local police

officer to collect the data under subsection (a) shall not

affect the validity of the underlying traffic stop.

a local police department shall transmit the data collected

under subsection (a) by the local police officers employed by

the local police department to the Pennsylvania State Police, or

a third party designated by the Pennsylvania State Police with

experience in the analysis of such data, for the preparation of

an annual analysis and report based on the data. Upon receipt of

the data, the Pennsylvania State Police or the third party shall

immediately make the annual analysis and report, including any

aggregate analysis of the data, publicly available by posting

the annual analysis and report on a publicly accessible Internet

website and transmit a copy of the annual analysis and report to

all of the following:

(1) The chair and minority chair of the Transportation

Committee of the Senate.

(2) The chair and minority chair of the Transportation

committee of the House of Representatives.

(3) The Pennsylvania Commission on Crime and

Delinquency.

(4) The Pennsylvania Human Relations Commission.

(d) Guidance and directives.--The Pennsylvania State Police

shall issue guidance to all of the following:

(1) If applicable, a third party designated by the

Pennsylvania State Police on the organization and appearance

of an analysis and report required under subsection (c).

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(2) Each local police department on the required method,

manner and schedule for transmitting the data collected under

subsection (a) to the Pennsylvania State Police or a third

party designated by the Pennsylvania State Police under

subsection (c).

(e) Interdepartmental cooperation.--Local police departments

may enter into agreements and jointly cooperate for the purpose

of developing, sharing or implementing a system that satisfies

this section.

(f) Applicability.--

(1) The requirements under this section do not apply to

a local police department that, on the effective date of this

paragraph, is collecting the data specified in subsection

(a), providing the data to a third party for analysis and

making the results available to the public.

(2) If a local police department stops collecting the

data under subsection (a), providing the data to a third

party for analysis or making the results available to the

public, the local police department shall be subject to the

requirements under this section.

(g) Construction.--Nothing in this section shall be

construed to prohibit data collected under this section from

being shared with organizations that compile national data

statistics. Data collected under subsection (a) shall not be

accessible under the act of February 14, 2008 (P.L.6, No.3),

known as the Right-to-Know Law.

(h) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Local police department." A police department that is:

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(1) a regional police department that provides police

services to more than one municipality pursuant to an

agreement or contract and serves a total population of more

than 5,000 according to the 2020 Federal decennial census; or

(2) a municipal police department for a municipality

with a population of more than 5,000 according to the 2020

Federal decennial census.

"Local police officer." An employee of a local police

department who is empowered to:

(1) Enforce 18 Pa.C.S. (relating to crimes and offenses)

and this title.

(2) Make traffic stops under section 6308.

"Self-initiated traffic stop." A traffic stop, regardless of

the outcome, that was initiated as a result of a reasonable

suspicion or probable cause of a violation of traffic or

criminal law.

Section 8. This act shall take effect as follows:

(1) This section shall take effect immediately.

(2) The addition of 75 Pa.C.S. § 6329 shall take effect

in 18 months.

(3) The remainder of this act shall take effect in 12

months.

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