THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY RAFFERTY, FONTANA, WASHINGTON, McILHINNEY, FERLO, SCHWANK, BRUBAKER, MENSCH, SOLOBAY, D. WHITE AND SMUCKER, JUNE 29, 2011

SENATOR CORMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED, JUNE 11, 2012   

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, in driving after imbibing alcohol or utilizing

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drugs, further providing for occupational limited license,

for definitions, for penalties, for ignition interlock, for

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Accelerated Rehabilitative Disposition and for illegally

operating a motor vehicle not equipped with ignition

interlock.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1553(b)(1), (c), (d)(6) and (7), (d.1),

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(d.2) and (f)(1) and (5) of Title 75 of the Pennsylvania

Consolidated Statutes are amended and the section is amended by

adding subsections to read:

§ 1553.  Occupational limited license.

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(b)  Petition.--

(1)  The applicant for an occupational limited license

must file a petition with the department, by certified mail[,

setting forth in detail the need for operating a motor

vehicle]. The petition shall be on a form prescribed by the

department and shall identify the specific motor vehicle or

vehicles the petitioner seeks permission to operate. [The

petition shall include an explanation as to why the operation

of a motor vehicle is essential to the petitioner's

occupation, work, trade, treatment or study. The petition

shall identify the petitioner's employer, educational

institution or treatment facility, as appropriate, and shall

include proof of financial responsibility covering all

vehicles which the petitioner requests to be allowed to

operate. The department shall promulgate regulations to

require additional information as well as additional evidence

to verify the information contained in the petition.]

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(c)  Fee.--The fee for applying for an occupational limited

license shall be [$50] $100. This fee shall be nonrefundable and

no other fee shall be required.

(d)  Unauthorized issuance.--The department shall prohibit

issuance of an occupational limited license to:

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(6)  Any person who has been adjudicated delinquent,

granted a consent decree or granted Accelerated

Rehabilitative Disposition for driving under the influence of

alcohol or controlled substance unless the suspension or

revocation imposed [for that conviction] under section

3807(d) (relating to Accelerated Rehabilitative Disposition) 

has been [fully] served.

(7)  Any person whose operating privilege has been

suspended for refusal to submit to chemical testing to

determine the amount of alcohol or controlled substance

unless 90 days of that suspension [has been fully] have been 

served.

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(d.1)  Adjudication eligibility.--An individual who has been

convicted of an offense under section 3802 (relating to driving

under influence of alcohol or controlled substance) and does not

have a prior offense as defined in section 3806(a) (relating to

prior offenses) shall be eligible for an occupational limited

license only if the individual [has served 60 days of the

suspension imposed for the offense.] does all of the following:

(1)  Has served 15 days of the suspension imposed for the

offense.

(2)  Only operates a motor vehicle equipped with an

ignition interlock system as defined in section 3801

(relating to definitions).

(3)  Has certified to the department that one or more

motor vehicles owned, registered or to be operated by the

individual has been equipped with a functioning ignition

interlock system as defined in section 3801 (relating to

definitions).

(d.2)  Suspension eligibility.--

(1)  An individual whose license has been suspended for a

period of 18 months under section 1547(b)(1)(ii) (relating to

chemical testing to determine amount of alcohol or controlled

substance) or 3804(e)(2)(ii) (relating to penalties) shall

not be prohibited from obtaining an occupational limited

license under this section if the individual:

(i)  is otherwise eligible for restoration;

(ii)  has served [12 months] 90 days of the

suspension imposed for the offense;

[(iii)  has no more than one prior offense as defined

in section 3806(b);]

(iv)  only operates a motor vehicle equipped with an

ignition interlock system as defined in section 3801

[(relating to definitions)]; and

(v)  has certified to the department [under paragraph

(3)] that one or more motor vehicles owned, registered or

to be operated by the individual have been equipped with

a functioning ignition interlock system as defined in

section 3801.

[(2)  A period of ignition interlock accepted under this

subsection shall not count towards the one-year mandatory

period of ignition interlock imposed under section 3805

(relating to ignition interlock).

(3)  If an individual seeks an occupational limited

license under this subsection, the department shall require

that each motor vehicle owned or registered to the person has

been equipped with an ignition interlock system as defined in

section 3801 as a condition of issuing an occupational

limited license with an ignition interlock restriction.]

* * *

(d.4)  Credit against mandatory ignition interlock

requirement.--A period of ignition interlock usage required as a

condition of issuance of an occupational restricted license

under subsection (d.1) or (d.2) shall count on a day-for-day

basis toward the mandatory period of ignition interlock usage

imposed under the applicable subparagraphs of section 3805(b)(2)

(relating to ignition interlock).

(d.5)  Certification to the department.--If an individual

seeks an occupational limited license under this subsection, the

department shall require that one or more motor vehicles owned,

registered or to be operated by the person have been equipped

with a functioning ignition interlock system as defined in

section 3801 as a condition of issuing an occupation limited

license with an ignition interlock restriction.

* * *

(f)  Restrictions.--A driver who has been issued an

occupational limited license shall observe the following:

(1)  The driver shall only operate a designated vehicle

[only:

(i)  Between the driver's place of residence and

place of employment or study and as necessary in the

course of employment or conducting a business or pursuing

a course of study where the operation of a motor vehicle

is a requirement of employment or of conducting a

business or of pursuing a course of study.

(ii)  To and from a place for scheduled or emergency

medical examination or treatment. This subparagraph

includes treatment required under Chapter 38 (relating to

driving after imbibing alcohol or utilizing drugs).]

equipped with an ignition interlock device.

* * *

(5)  A driver who has been issued an occupational limited

license shall possess a completed occupational limited

license affidavit on a form prescribed by the department at

all times when operating a motor vehicle. The driver shall

exhibit the completed form upon demand by a police officer.

[The affidavit shall indicate that the driver is operating

the motor vehicle at a time and between places in accordance

with the restrictions of paragraph (1).] An occupational

limited license affidavit shall contain information required

by regulations which shall be promulgated by the department.

The driver is not required to possess a completed

occupational limited license affidavit when operating a motor

vehicle to a location for emergency medical treatment.

* * *

Section 2.  Sections 3801 and 3804(a), (b) and (c) of Title

75 are amended to read:

§ 3801.  Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Adult."  An individual who is at least 21 years of age.

"Ignition interlock system."  A system approved by the

department which prevents a vehicle from being started [or

operated] unless the operator first provides a breath sample

indicating that the operator has an alcohol level less than

0.025%.

"Minor."  An individual who is under 21 years of age.

Section 1.  Sections 1553(d.1) and 3804(a), (b) and (c) of

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Title 75 of the Pennsylvania Consolidated Statutes are amended

to read:

§ 1553.  Occupational limited license.

* * *

[(d.1)  Adjudication eligibility.--An individual who has been

convicted of an offense under section 3802 (relating to driving

under influence of alcohol or controlled substance) and does not

have a prior offense as defined in section 3806(a) (relating to

prior offenses) shall be eligible for an occupational limited

license only if the individual has served 60 days of the

suspension imposed for the offense.]

* * *

§ 3804.  Penalties.

(a)  General impairment.--Except as set forth in subsection

(b) or (c), an individual who violates section 3802(a) (relating

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]

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(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)[.]; and.

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(v)  participate in and comply with the ignition

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interlock program under section 3805 (relating to

ignition interlock).

(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[.]; and

(v)  participate in and comply with the ignition

interlock program under section 3805 (relating to

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ignition interlock).

(3)  For a third or subsequent offense, 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[.]; and

(iv)  participate in and comply with the ignition

interlock program under section 3805.

(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[.]; and

(v)  participate in and comply with the ignition

interlock program under section 3805.

(2)  For a second offense, to:

(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[.]; and

(v)  participate in and comply with the ignition

interlock program under section 3805.

(3)  For a third offense, 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[.]; and

(iv)  participate in and comply with the ignition

interlock program under section 3805.

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

(i)  undergo imprisonment of not less than one year;

(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[.]; and

(iv)  participate in and comply with the ignition

interlock program under section 3805.

(c)  Incapacity; highest blood alcohol; controlled

substances.--An individual who violates section 3802(a)(1) and

refused testing of blood or breath 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[.]; and

(v)  participate in and comply with the ignition

interlock program under section 3805.

(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[.]; and

(v)  participate in and comply with the ignition

interlock program under section 3805.

(3)  For a third or subsequent offense, 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[.]; and

(iv)  participate in and comply with the ignition

interlock program under section 3805.

* * *

Section 3 2.  Section 3805(a), (b) and (c) of Title 75 are

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amended and the section is amended by adding a subsection to

read:

§ 3805.  Ignition interlock.

(a)  General rule.--If a person violates section 3802

(relating to driving under influence of alcohol or controlled

substance) [and, within the past ten years, has a prior offense

as defined in section 3806(a) (relating to prior offenses)] or

has had their operating privileges suspended pursuant to section

1547(b.1) (relating to chemical testing to determine amount of

alcohol or controlled substance) or 3808(c) (relating to

illegally operating a motor vehicle not equipped with ignition

interlock) and the person seeks a restoration of operating

privileges, the department shall require as a condition of

issuing a restricted license pursuant to this section that [the

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following occur:

(1)  Each motor vehicle owned by the person or registered

to the person has been equipped with an ignition interlock

system and remains so for the duration of the restricted

license period.

(2)  If there are no motor vehicles owned by the person

or registered to the person that the person so certify to the

department. A person so certifying shall be deemed to have

satisfied the requirement that all motor vehicles owned by

the person or registered to the person be equipped with an

ignition interlock system as required by this subsection.] 

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one or more motor vehicles owned by, registered to or to be

operated by the person have been equipped with an ignition

interlock system and remain equipped for the duration of the

restricted license period.

(b)  Application for a restricted license.--A person subject

to this section shall apply to the department for an ignition

interlock restricted license under section 1951 (relating to

driver's license and learner's permit), which shall be clearly

marked to restrict the person to only driving, operating or

being in actual physical control of the movement of motor

vehicles equipped with an ignition interlock system. The

department shall:

(1)  Upon issuance of an ignition interlock restricted

license to any person, [the department shall] notify the

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person that until the person obtains an unrestricted license

the person may not [own, register,] drive, operate or be in

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actual physical control of the movement of any motor vehicle

which is not equipped with an ignition interlock system.

(2)  Require that a person subject to the requirements of

subsection (h.2) maintain an ignition interlock restricted

license for the following periods:

(i)  An individual sentenced under section 3804 (a)

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(1) and (b)(1) 3804(b)(1) (relating to penalties) shall

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be required to maintain a restricted license for six

months.

(ii)  An individual sentenced under section 3804(a)

(2) or (b)(2) shall be required to maintain a restricted

license for 12 months.

(iii)  An individual sentenced under section 3804(c)

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(1) shall be required to maintain a restricted license

for 18 months.

(iv)  An individual sentenced under section 3804(c)

(3) shall be required to maintain a restricted license

for 36 months.

(iii)  An individual sentenced under section

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3804(a)(3) or (b)(3) or (4) shall be required to maintain

a restricted license for 18 months.

(iv)  An individual sentenced under section

3804(c)(1) shall be required to maintain a restricted

license for 12 months.

(v)  An individual sentenced under section 3804(c)(2)

shall be required to maintain a restricted license for 18

months.

(vi)  An individual sentenced under section

3804(c)(3) shall be required to maintain a restricted

license for 24 months.

(c)  Issuance of unrestricted license.--[One year from the

date of issuance of an ignition interlock restricted license

under this section, if otherwise eligible, a person may be

issued a replacement license under section 1951(d) that does not

contain the ignition interlock system restriction.]

(1)  The department shall not issue an unrestricted

license until a person has presented all of the following:

(i)  Proof that the person has completed the ignition

interlock restricted license period as specified under

this section.

(ii)  Certification by the company vendor that

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provided the ignition interlock device that the person is

in compliance with subsection (h.2).

(2)  Upon completion of the restricted license

requirements under this section, if otherwise eligible, a

person may be issued a replacement license under section

1951(d) that does not contain the ignition interlock system

restriction.

* * *

(h.2)  Declaration of compliance.--Restrictions imposed under

section 1553 (relating to occupational limited license) or 3807

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(relating to Accelerated Rehabilitative Disposition) shall

remain in effect until the department receives a declaration

from the person's ignition interlock device vendor, in a form

provided or approved by the department, certifying that there

have been none of the following incidents in the four

consecutive months prior to the date entered on the certificate:

(1)  An attempt to start the vehicle with a breath

alcohol concentration of 0.08 or more.

(2)  Failure to take or pass any required retest.

(3)  Failure of the person to appear at the ignition

interlock device vendor when required for maintenance,

repair, calibration, monitoring, inspection or replacement of

the device.

* * *

Section 4.  Sections 3807(d)(1), (2) and (3) and 3.  Section 

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3808(c)(1) of Title 75 are is amended to read:

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§ 3807.  Accelerated Rehabilitative Disposition.

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* * *

(d)  Mandatory suspension of operating privileges and

ignition interlock requirement.--As a condition of participation

in an Accelerated Rehabilitative Disposition program, the court

shall order the defendant's license suspended as follows:

[(1)  There shall be no license suspension if the

defendant's blood alcohol concentration at the time of

testing was less than 0.10%.]

(2)  For [30] 15 days if the defendant's blood alcohol

concentration at the time of testing was at least [0.10%]

0.08% but less than 0.16%, after which the defendant shall

participate in and comply with the ignition interlock program

under section 3805 (relating to ignition interlock) for six

months.

(3)  For [60] 45 days, after which the defendant shall

participate in and comply with the ignition interlock program

under section 3805 for one year, if:

(i)  the defendant's blood alcohol concentration at

the time of testing was 0.16% or higher;

(ii)  the defendant's blood alcohol concentration is

not known;

(iii)  an accident which resulted in bodily injury or

in damage to a vehicle or other property occurred in

connection with the events surrounding the current

offense; or

(iv)  the defendant was charged pursuant to section

3802(d).

* * *

§ 3808.  Illegally operating a motor vehicle not equipped with

ignition interlock.

* * *

(c)  Suspension of operating privilege.--Notwithstanding

section 3805(c) and (i):

(1)  If a person who is required to only drive, operate

or be in actual physical control of the movement of a motor

vehicle equipped with an ignition interlock system violates

this section, upon receipt of a certified record of the

conviction, the department shall not issue a replacement

license to the person under section 1951(d) (relating to

driver's license and learner's permit) [that does not contain

an ignition interlock restriction for a period of one year

from the date of conviction] until the person has complied

with the requirements of section 3805.

* * *

Section 4.  All acts and parts of acts are repealed insofar

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as they are inconsistent with this act.

Section 5.  This act shall take effect in 90 days.