S0961B1390A06213 SFR:JSL 03/26/18 #90 A06213
AMENDMENTS TO SENATE BILL NO. 961
Sponsor: SENATOR RAFFERTY
Printer's No. 1390
Amend Bill, page 1, line 5, by striking out "TITLES 18
(CRIMES AND OFFENSES) AND" and inserting
Title
Amend Bill, page 1, lines 6 through 9, by striking out "IN
CULPABILITY," in line 6, all of lines 7 and 8 and "OFFENSE OF
MURDER;" in line 9 and inserting
in licensing of drivers, further providing for learner's
permits and for driving while operating privilege is
suspended or revoked;
Amend Bill, page 1, line 12, by striking out "AND" and
inserting a comma
Amend Bill, page 1, line 13, by inserting after "INFLUENCE"
and for accidents involving death or personal injury while not
properly licensed
Amend Bill, page 3, lines 29 and 30; page 4, lines 1 through
30; page 5, lines 1 through 4; by striking out all of said lines
on said pages
Amend Bill, page 5, line 5, by striking out "2" and inserting
1
Amend Bill, page 5, line 5, by inserting after "SECTIONS"
1505(b), 1543(b)(1),
Amend Bill, page 5, line 6, by inserting after "75"
of the Pennsylvania Consolidated Statutes
Amend Bill, page 5, by inserting between lines 6 and 7
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§ 1505. Learners' permits.
* * *
(b) Learner must be accompanied.--A learner's permit
entitles the person to whom it was issued to drive vehicles and
combinations of vehicles of the class or classes specified, but
only while the holder of the learner's permit is accompanied by
and under the immediate supervision of a person who:
(1) is at least 21 years of age or, if the spouse of the
learner's permit holder, is at least 18 years of age; or, if
a parent, guardian or person in loco parentis of the
learner's permit holder, is at least 18 years of age;
(2) is licensed to drive vehicles of the class then
being driven by the holder of the learner's permit; [and]
(3) is actually occupying a seat beside the holder of
the learner's permit unless the vehicle is a motorcycle[.];
and
(4) is not manifestly under the influence of alcohol or
a controlled substance, except a controlled substance taken
pursuant to a lawful order of a practitioner, to the degree
that the person may endanger themselves or others.
* * *
§ 1543. Driving while operating privilege is suspended or
revoked.
* * *
(b) Certain offenses.--
(1) The following shall apply:
(i) A person who drives a motor vehicle on a highway
or trafficway of this Commonwealth at a time when the
person's operating privilege is suspended or revoked as a
condition of acceptance of Accelerated Rehabilitative
Disposition for a violation of section 3802 (relating to
driving under influence of alcohol or controlled
substance) or the former section 3731, because of a
violation of section 1547(b)(1) (relating to suspension
for refusal) or 3802 or former section 3731 or is
suspended under section 1581 (relating to Driver's
License Compact) for an offense substantially similar to
a violation of section 3802 or former section 3731 shall,
upon a first conviction, be guilty of a summary offense
and shall be sentenced to pay a fine of $500 and to
undergo imprisonment for a period of not less than 60
days nor more than 90 days.
(ii) A second violation of this paragraph shall
constitute a summary offense and, upon conviction of this
paragraph, a person shall be sentenced to pay a fine of
$1,000 and to undergo imprisonment for not less than 90
days.
(iii) A third or subsequent violation of this
paragraph shall constitute a misdemeanor of the third
degree and, upon conviction of this paragraph, a person
shall be sentenced to pay a fine of $2,500 and to undergo
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imprisonment for not less than six months.
* * *
Amend Bill, page 8, lines 23 through 26, by striking out
"INCURRED ONE OR" in line 23, all of lines 24 and 25 and
"REHABILITATIVE DISPOSITION OR OTHER FORMS" in line 26 and
inserting
one prior conviction, adjudication of delinquency,
juvenile consent decree, acceptance of accelerated
rehabilitative disposition or other form
Amend Bill, page 9, line 4, by striking out "THREE" and
inserting
two prior
Amend Bill, page 9, line 13, by striking out "3" and
inserting
2
Amend Bill, page 9, line 25, by striking out all of said line
and inserting
Section 3. Sections 3742.1 and 3803 of Title 75 are amended
to read:
§ 3742.1. Accidents involving death or personal injury while
not properly licensed.
(a) Offense defined.--A person whose operating privilege was
disqualified, canceled, recalled, revoked or suspended and not
restored or who does not hold a valid driver's license and
applicable endorsements for the type and class of vehicle being
operated commits an offense under this section if the person was
the driver of any vehicle and [caused an accident resulting in
injury or death of any person.]:
(1) caused an accident resulting in injury or death of a
person; or
(2) was involved in an accident resulting in injury or
death of a person.
(b) Penalties.--
(1) Except as otherwise provided in this section, any
person violating subsection [(a)] (a)(1) commits a
misdemeanor of the second degree.
(2) If the victim suffers serious bodily injury or death, any
person violating subsection [(a)] (a)(1) commits a felony of the
third degree.
(2.1) A person violating subsection (a)(2) resulting in
the serious bodily injury of a person commits a misdemeanor
of the third degree.
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(2.2) A person violating subsection (a)(2) resulting in
the death of a person commits a misdemeanor of the second
degree.
(3) Any motor vehicle, as defined in section 102
(relating to definitions), used in the commission of an
offense under this section may be deemed contraband and
forfeited in accordance with the provisions set forth in 18
Pa.C.S. § 6501(d) (relating to scattering rubbish).
Amend Bill, page 9, line 30, by inserting a bracket before
"NO"
Amend Bill, page 9, line 30, by inserting a bracket after
"THAN"
Amend Bill, page 10, line 5, by inserting a bracket before
"MORE"
Amend Bill, page 10, line 5, by inserting after "OFFENSE"
] two prior offenses
Amend Bill, page 10, line 6, by striking out the bracket
before the period after "DEGREE"
Amend Bill, page 10, line 6, by striking out "], UNLESS
PARAGRAPH (3) APPLIES."
Amend Bill, page 10, lines 7 and 8, by striking out "MORE
THAN TWO PRIOR OFFENSES WITHIN A 10-YEAR PERIOD" and inserting
three or more prior offenses or has previously been
convicted of a violation of section 3735 (relating to
homicide by vehicle while driving under influence)
Amend Bill, page 10, line 15, by inserting a bracket before
"NO"
Amend Bill, page 10, line 15, by inserting a bracket after
"THAN"
Amend Bill, page 11, line 2, by inserting a bracket before
"MORE"
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Amend Bill, page 11, line 2, by inserting after "OFFENSE"
] two prior offenses
Amend Bill, page 11, line 10, by inserting a bracket before
"OFFENSES"
Amend Bill, page 11, line 10, by inserting after "OFFENSES"
] offense
Amend Bill, page 11, lines 16 and 17, by striking out "MORE
THAN ONE PRIOR OFFENSE " and inserting
two or more prior offenses
Amend Bill, page 11, line 22, by striking out "5" and
inserting
4
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