Share:
House Co-Sponsorship Memoranda
House of Representatives
Session of 2017 - 2018
Regular Session
MEMORANDUM
| Posted: | December 1, 2016 02:14 PM |
|---|---|
| From: | Representative Keith J. Greiner |
| To: | All House members |
| Subject: | Felony Grading for Repeat DUI Offenses- Previous House Bill 2318 |
| Many of us have constituents who have been the victim of someone who caused a crash while driving under the influence of alcohol or drugs. Many of these are the surviving family members of innocent lives taken by an impaired driver. Every day, we read in the paper about someone who has been arrested for the third, fourth, fifth or even higher number of prior DUI’s. Yet our current law grades a DUI no higher than a misdemeanor of the first degree, no matter how many prior times the individual has gotten behind the wheel while legally intoxicated. These multi-time repeat offenders need to face a progressive sanction commensurate with their level of disregard for the risk of causing an injury or death. For that reason, I will shortly be introducing legislation that has been developed with the assistance of the Pennsylvania District Attorneys Association, to increase the grading of DUI to a felony under certain conditions. My legislation will keep intact the current law for a first or second time offender. A third offense in a lifetime will be treated the same as a third offense in 10 years is today. However, a third offense committed within ten years of other DUI offenses, as well as any 4th or subsequent offense during a person’s lifetime will be upgraded to a felony of the third degree. The bill will likewise set mandatory penalties for those offenses which will now be a felony that are higher than the current mandatories. For instance, a person charged under the general impairment provision as a third offense graded as a felony will undergo imprisonment of not less than 90 days, pay a fine of not less than $1,500 or more than $15,000. A general impairment which is a fourth offense felony will be punishable by no less than 6 months and a fine of not less than $2,500. A the upper end of the scale, those who have incurred a felony third offense with the highest blood alcohol level (.16 or higher) or have refused to take a test, had a child under the age of 18 in the vehicle, was a commercial or school bus operator will face imprisonment for not less than 18 months and a fine of not less than $5,000. Any fourth offense will be punished with two years in prison and a minimum $7,500 fine. We need to address repeat DUI convictions as the serious offense it is. Grading a 4th, 5th or 6th offense as a misdemeanor diminishes the seriousness of the conduct. I hope you will join me in sponsoring this important legislation. PREVIOUS CO-SPONSORS: CORBIN, PHILLIPS-HILL, TAYLOR, MACKENZIE, SCHLOSSBERG, FEE, MILLARD, WATSON, A. HARRIS, GROVE, HICKERNELL, ZIMMERMAN, MILNE, SAVAGE, MOUL, LEWIS and CUTLER. |
Introduced as HB2528