S0290B0178A02325 MSP:NLH 06/20/15 #90 A02325
AMENDMENTS TO SENATE BILL NO. 290
Sponsor: SENATOR RAFFERTY
Printer's No. 178
Amend Bill, page 1, line 8, by inserting after "interlock"
, for prior offenses
Amend Bill, page 8, lines 20 and 21, by striking out "each
motor vehicle owned or to be operated by the individual " and
inserting
one motor vehicle owned, leased or principally operated
by the person, whichever the person most operates,
Amend Bill, page 8, line 30; page 9, line 1; by striking out
"shall" in line 30 on page 8 and "count on a day-for-day basis
toward" in line 1 on page 9 and inserting
may be counted toward satisfaction of
Amend Bill, page 11, lines 8 and 9, by striking out "who has
been convicted " and inserting
whose driver's license has been suspended for a conviction
Amend Bill, page 11, line 11, by striking out "conviction"
and inserting
receipt of notice of the suspension
Amend Bill, page 12, line 13, by striking out "shall count on
a day-for-day basis toward the" and inserting
may be counted toward satisfaction of
Amend Bill, page 12, lines 18 and 19, by striking out "one or
more motor vehicles owned or to be operated by the individual "
and inserting
one motor vehicle owned, leased or principally operated by
the person, whichever the person most operates,
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Amend Bill, page 14, line 30, by inserting a bracket before
"Each"
Amend Bill, page 14, line 30, by striking out "or to be
operated"
Amend Bill, page 15, line 1, by striking out the bracket
before "or"
Amend Bill, page 15, line 1, by inserting after "person]"
One motor vehicle owned, leased or principally operated
by the person, whichever the person most operates,
Amend Bill, page 16, by inserting between lines 24 and 25
Section 5. Section 3806 of Title 75 is amended to read:
§ 3806. Prior offenses.
(a) General rule.--Except as set forth in subsection (b),
the term "prior offense" as used in this chapter shall mean [a]
any conviction for which judgment of a sentence has been
imposed, adjudication of delinquency, juvenile consent decree,
acceptance of Accelerated Rehabilitative Disposition or other
form of preliminary disposition before the sentencing on the
present violation for any of the following:
(1) an offense under section 3802 (relating to driving
under influence of alcohol or controlled substance);
(2) an offense under former section 3731;
(3) an offense substantially similar to an offense under
paragraph (1) or (2) in another jurisdiction; or
(4) any combination of the offenses set forth in
paragraph (1), (2) or (3).
(b) [Repeat offenses within ten years] Timing.--[The
calculation of prior offenses for purposes of sections 1553(d.2)
(relating to occupational limited license), 3803 (relating to
grading) and 3804 (relating to penalties) shall include any
conviction, whether or not judgment of sentence has been imposed
for the violation, adjudication of delinquency, juvenile consent
decree, acceptance of Accelerated Rehabilitative Disposition or
other form of preliminary disposition within the ten years
before the sentencing on the present violation for any of the
following:
(1) an offense under section 3802;
(2) an offense under former section 3731;
(3) an offense substantially similar to an offense under
paragraph (1) or (2) in another jurisdiction; or
(4) any combination of the offenses set forth in
paragraph (1), (2) or (3).]
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(1) For purposes of sections 1553(d.2) (relating to
occupational limited license), 3803 (relating to grading) and
3804 (relating to penalties), 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.
(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.
Amend Bill, page 16, line 25, by striking out "5" and
inserting
6
Amend Bill, page 16, line 25, by striking out "3808(c)(1)"
and inserting
3808(a) and (c)(1)
Amend Bill, page 16, line 25, by striking out "is" and
inserting
are
Amend Bill, page 16, by inserting between lines 28 and 29
(a) Offense defined.--
(1) An individual required to only drive, operate or be
in actual physical control of the movement of a motor vehicle
equipped with an ignition interlock system under [section
1553(d.2) (relating to occupational limited license)] section
1556 (relating to ignition interlock limited license) or 3805
(relating to ignition interlock) who drives, operates or is
in actual physical control of the movement of a motor vehicle
within this Commonwealth without such a system commits a
misdemeanor and shall, upon conviction, be sentenced to pay a
fine of not less than $300 and not more than $1,000 and to
imprisonment for not more than 90 days.
(2) An individual required to only drive, operate or be
in actual physical control of the movement of a motor vehicle
equipped with an ignition interlock system under [section
1553(d.2)] section 1556 or 3805 who drives, operates or is in
actual physical control of the movement of a motor vehicle
within this Commonwealth without such a system and who has an
amount of alcohol by weight in his blood that is equal to or
greater than 0.025% at the time of testing or who has in his
blood any amount of a Schedule I or nonprescribed Schedule II
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or III controlled substance, as defined in the act of April
14, 1972 (P.L.233, No.64), known as The Controlled Substance,
Drug, Device and Cosmetic Act, or its metabolite commits a
misdemeanor of the third degree and shall, upon conviction,
be sentenced to pay a fine of $1,000 and to undergo
imprisonment for a period of not less than 90 days.
Amend Bill, page 17, line 14, by striking out all of said
line and inserting
Section 7. This act shall take effect as follows:
(1) The amendment of 75 Pa.C.S. § 1547(a), (c)
introductory paragraph, (2) and (3), (g.1), (h), (i) and (j)
shall take effect immediately.
(2) This section shall take effect immediately.
(3) The remainder of this act shall take effect in 15
months.
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