S0016B0592A09213 MSP:CMD 09/17/18 #90 A09213
AMENDMENTS TO SENATE BILL NO. 16
Sponsor: SENATOR SABATINA
Printer's No. 592
Amend Bill, page 1, lines 2 through 4, by striking out "in
driving after imbibing alcohol or utilizing" in line 2 and all
of lines 3 and 4 and inserting
in licensing of drivers, providing for automatic suspension and
additional penalties.
Amend Bill, page 1, lines 10 through 19; page 2, lines 1
through 15; by striking out all of said lines on said pages and
inserting
§ 1547.1. Automatic suspension and additional penalties.
(a) General rule.--Any driver who operates or is in actual
physical control of the movement of a vehicle in this
Commonwealth shall be deemed to have given consent to an
automatic suspension of driving privileges if a criminal
complaint has been filed against the driver and a preliminary
arraignment has occurred for a violation of the following:
(1) Section 3735 (relating to homicide by vehicle while
driving under influence).
(2) Section 3735.1 (relating to aggravated assault by
vehicle while driving under the influence).
(b) Period of suspension.--The following apply:
(1) The department shall suspend the operating privilege
of a driver under subsection (a) as follows:
(i) Except as set forth in subparagraph (ii), for a
period of 12 months.
(ii) For a period of 18 months if any of the
following apply:
(A) The driver's operating privileges have
previously been suspended under this section.
(B) The driver has, prior to the filing of a
complaint and the completion of a preliminary
arraignment for an offense listed under subsection
(a), been sentenced for any of the following:
(I) an offense under section 3802 ( relating
to driving under influence of alcohol or
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controlled substance) ;
(II) an offense under former section 3731
(relating to d riving under influence of alcohol
or controlled substance) ; or
(III) an equivalent to an offense under
subclause (I) or (II).
(2) A suspension imposed pursuant to this section shall
count as credit towards any suspension imposed for a
conviction under either of the following:
(i) Section 3735.
(ii) Section 3735.1.
(c) Notice and right to appeal.--The following apply:
(1) It shall be the duty of the issuing authority named
in the citation to inform the driver that the driver's
operating privilege will be suspended upon the filing of a
criminal complaint and completion of a preliminary
arraignment for an offense listed under subsection (a) and
that the driver will be subject to a restoration fee of up to
$2,000.
(2) Any driver whose operating privilege is suspended
under the provisions of this section shall have the same
right of appeal as provided for under section 1550 (relating
to judicial review).
(d) Ignition interlock.--Notwithstanding section 3805(c)
(relating to ignition interlock), if a driver receives a
suspension pursuant to this section who, at the time of the
offense, was required to comply with the provisions of section
3805 prior to obtaining a replacement license under section
1951(d) (relating to driver's license and learner's permit) and
is driving a vehicle at the time of offense that does not
contain an ignition interlock restriction or ignition interlock
limitation, the suspension imposed under this section shall
result in the recall of any ignition interlock restricted
license previously issued and the driver shall surrender the
ignition interlock restricted license or ignition interlock
limited license to the department. Prior to the issuance of a
replacement license under section 1951(d) that does not contain
an ignition interlock restriction or ignition interlock
limitation, the department shall require that the driver comply
with the provisions of section 3805.
(e) Restoration fees.--
(1) A driver whose operating privilege has been
suspended in accordance with subsection (b) or (c) shall:
(i) Except as provided in subparagraph (ii) or
(iii), pay a restoration fee of $500.
(ii) If the department has previously suspended the
driver's operating privilege under this section or
section 1547 (relating to chemical testing to determine
amount of alcohol or controlled substance) on one
occasion, pay a restoration fee of $1,000.
(iii) If the department has previously suspended the
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driver's operating privilege under this section or
section 1547 on two or more occasions, pay a restoration
fee of $2,000.
(2) All restoration fees imposed under this section must
be paid prior to the reinstatement of an individual's
unrestricted operating privilege or in accordance with
section 1556(b)(3) (relating to ignition interlock limited
license) or before a restricted license is issued in
accordance with section 3805.
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