THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY PAYNE, F. KELLER, MILNE, MOUL, SWANGER, TALLMAN AND VULAKOVICH, APRIL 26, 2011

REFERRED TO COMMITTEE ON TRANSPORTATION, APRIL 26, 2011  

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, further providing, in driving after imbibing

alcohol or utilizing drugs, for grading, for penalties and

for ignition interlock.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 3803, 3804 and 3805 of Title 75 of the

Pennsylvania Consolidated Statutes are amended to read:

§ 3803.  Grading.

(a)  Basic offenses.--Notwithstanding the provisions of

subsection (b):

(1)  An individual who violates section 3802(a) (relating

to driving under influence of alcohol or controlled

substance) and has no more than one prior offense commits a

misdemeanor for which the individual may be sentenced to a

term of imprisonment of not more than six months and to pay a

fine under section 3804 (relating to penalties).

(2)  An individual who violates section 3802(a) and has

more than one prior offense commits a misdemeanor of the

second degree.

(b)  Other offenses.--

(1)  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 in damage to a

vehicle or other property, or who violates section 3802(b),

(e) or (f) and who has no more than one prior offense commits

a misdemeanor for which the individual may be sentenced to a

term of imprisonment of not more than six months and to pay a

fine under section 3804.

(2)  An individual who violates section 3802(a)(1) where

the individual refused testing of blood or breath, or who

violates section 3802(c) or (d) and who has no prior offenses

commits a misdemeanor for which the individual may be

sentenced to a term of imprisonment of not more than six

months and to pay a fine under section 3804.

(3)  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 in damage to a

vehicle or other property, or who violates section 3802(b),

(e) or (f) and who has more than one prior offense commits a

misdemeanor of the first degree.

(4)  An individual who violates section 3802(a)(1) where

the individual refused testing of blood or breath, or who

violates section 3802(c) or (d) and who has one or more prior

offenses commits a misdemeanor of the first degree[.], except

as provided under paragraph (5).

(5)  An individual who violates section 3802(b) for the

fourth or subsequent time or who violates section 3802(c) for

the third or subsequent time commits a felony of the third

degree.

(6)  An individual who violates section 3802(c) for a

fourth or subsequent time commits a felony of the second

degree.

§ 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

(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).

(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.

(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.

(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.

(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.

(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] $5,000 nor

more than $10,000; and

(iii)  comply with all drug and alcohol treatment

requirements imposed under sections 3814 and 3815.

(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] $10,000 

nor more than [$10,000] $15,000; and

(iii)  comply with all drug and alcohol treatment

requirements imposed under sections 3814 and 3815.

(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.

(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] $5,000 and

not more than $10,000;

(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.

(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] $10,000

and not more than $15,000; and

(iii)  comply with all drug and alcohol treatment

requirements imposed under sections 3814 and 3815.

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

(i)  undergo imprisonment for not less than two

years;

(ii)  pay a fine of not less than $15,000 and not

more than $20,000;

(iii)  comply with all drug and alcohol treatment

requirements imposed under sections 3814 and 3815; and

(iv)  undergo a Court Reporting Network evaluation.

(d)  Extended supervision of court.--If a person is sentenced

pursuant to this chapter and, after the initial assessment

required by section 3814(1), the person is determined to be in

need of additional treatment pursuant to section 3814(2), the

judge shall impose a minimum sentence as provided by law and a

maximum sentence equal to the statutorily available maximum. A

sentence to the statutorily available maximum imposed pursuant

to this subsection may, in the discretion of the sentencing

court, be ordered to be served in a county prison,

notwithstanding the provisions of 42 Pa.C.S. § 9762 (relating to

sentencing proceeding; place of confinement).

(e)  Suspension of operating privileges upon conviction.--

(1)  The department shall suspend the operating privilege

of an individual under paragraph (2) upon receiving a

certified record of the individual's conviction of or an

adjudication of delinquency for:

(i)  an offense under section 3802; or

(ii)  an offense which is substantially similar to an

offense enumerated in section 3802 reported to the

department under Article III of the compact in section

1581 (relating to Driver's License Compact).

(2)  Suspension under paragraph (1) shall be in

accordance with the following:

(i)  Except as provided for in subparagraph (iii), 12

months for an ungraded misdemeanor or misdemeanor of the

second degree under this chapter.

(ii)  18 months for a misdemeanor of the first degree

under this chapter.

(ii.1)  24 months for a felony of the third degree

under this chapter.

(ii.2)  36 months for a felony of the second degree

under this chapter.

(iii)  There shall be no suspension for an ungraded

misdemeanor under section 3802(a) where the person is

subject to the penalties provided in subsection (a) and

the person has no prior offense.

(iv)  For suspensions imposed under paragraph (1)

(ii), notwithstanding any provision of law or enforcement

agreement to the contrary, all of the following apply:

(A)  Suspensions shall be in accordance with

Subchapter D of Chapter 15 (relating to the Driver's

License Compact).

(B)  In calculating the term of a suspension for

an offense that is substantially similar to an

offense enumerated in section 3802, the department

shall presume that if the conduct reported had

occurred in this Commonwealth then the person would

have been convicted under section 3802(a)(2).

(v)  Notwithstanding any other provision of law or

enforcement agreement to the contrary, the department

shall suspend the operating privilege of a driver for six

months upon receiving a certified record of a consent

decree granted under 42 Pa.C.S. Ch. 63 (relating to

juvenile matters) based on section 3802.

(f)  Community service assignments.--In addition to the

penalties set forth in this section, the sentencing judge may

impose up to 150 hours of community service. Where the

individual has been ordered to drug and alcohol treatment

pursuant to sections 3814 and 3815, the community service shall

be certified by the drug and alcohol treatment program as

consistent with any drug and alcohol treatment requirements

imposed under sections 3814 and 3815.

(f.1)  Victim impact panels.--

(1)  In addition to any other penalty imposed under this

section, the court may order a person who violates section

3802 to attend a victim impact panel program.

(2)  A victim impact panel program shall provide a

nonconfrontational forum for driving under the influence

crash victims, their family members, their friends or other

pertinent persons to speak to driving under the influence

offenders about the impact of the crash on victims' lives and

on the lives of families, friends and neighbors.

(3)  A victim impact panel shall be administrated through

the local office of probation and parole or other office as

the court shall determine and shall be operated in

consultation with the Mothers Against Drunk Driving -

Pennsylvania State Organization.

(4)  A victim impact panel program may assess a

reasonable participation fee to achieve program self-

sufficiency but may not operate for profit. The department

shall establish an acceptable range of fees.

(5)  The department shall develop standards and

incentives to encourage counties to establish victim impact

panel programs. In developing these standards, the department

shall establish and chair a coordinating committee among

pertinent agencies and organizations, including the

Department of Health, the Pennsylvania Commission on Crime

and Delinquency, the Office of Victim Advocate, the

Administrative Office of Pennsylvania Courts, county

officials, the Mothers Against Drunk Driving - Pennsylvania

State Organization and the Pennsylvania DUI Association. The

standards shall address items including all of the following:

(i)  Prototype design and structure standards for

victim impact panels.

(ii)  Training standards and curricula for

presenters, facilitators and administrators.

(iii)  Operations policy and guidelines manual.

(iv)  Evaluation standards, design and structure

allowing for the tracking and analysis of recidivism

data.

(v)  Standards for counseling and debriefing

activities for victim presenters.

(vi)  Standards for reimbursing reasonable costs to

victims for participation in panels.

(vii)  Assistance to counties through coordinating

potential Federal and State funding streams to carry out

this subsection and to assist counties as may be needed.

(g)  Sentencing guidelines.--The sentencing guidelines

promulgated by the Pennsylvania Commission on Sentencing shall

not supersede the mandatory penalties of this section.

(h)  Appeal.--The Commonwealth has the right to appeal

directly to the Superior Court any order of court which imposes

a sentence for violation of this section which does not meet the

requirements of this section. The Superior Court shall remand

the case to the sentencing court for imposition of a sentence in

accordance with the provisions of this section.

(i)  First class cities.--Notwithstanding the provision for

direct appeal to the Superior Court, if, in a city of the first

class, a person appeals from a judgment of sentence under this

section from the municipal court to the common pleas court for a

trial de novo, the Commonwealth shall have the right to appeal

directly to the Superior Court from the order of the common

pleas court if the sentence imposed is in violation of this

section. If, in a city of the first class, a person appeals to

the court of common pleas after conviction of a violation of

this section in the municipal court and thereafter withdraws his

appeal to the common pleas court, thereby reinstating the

judgment of sentence of the municipal court, the Commonwealth

shall have 30 days from the date of the withdrawal to appeal to

the Superior Court if the sentence is in violation of this

section.

(j)  Additional conditions.--In addition to any other penalty

imposed under law, the court may sentence a person who violates

section 3802 to any other requirement or condition consistent

with the treatment needs of the person, the restoration of the

victim to preoffense status or the protection of the public.

(k)  Nonapplicability.--Except for subsection (e), this

section shall not apply to dispositions resulting from

proceedings under 42 Pa.C.S. Ch. 63 (relating to juvenile

matters).

§ 3805.  Ignition interlock.

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

(relating to driving under influence of alcohol or controlled

substance) and either is convicted under section 3802(c) for a

first offense or, 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

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.

(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. Upon

issuance of an ignition interlock restricted license to any

person, the department shall notify the person that until the

person obtains an unrestricted license the person may not own,

register, drive, operate or be in actual physical control of the

movement of any motor vehicle which is not equipped with an

ignition interlock system.

(c)  Issuance of unrestricted license.--[One]

(1)  Except as provided under paragraphs (2), (3) and

(4), 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.

(2)  For the third violation of section 3802(b) and for

the second violation of 3802(c), the restricted license

period shall be two years.

(3)  For the fourth violation of section 3802(b) and for

the third violation of section 3802(c), the restricted

license period shall be five years.

(4)  For the fourth violation of section 3802(c), the

restricted license period shall never expire.

(d)  Prohibition.--Except as set forth in subsections (e) and

(f), until the person obtains an unrestricted license, the

person may not own, register, drive, operate or be in actual

physical control of the movement of any motor vehicle within

this Commonwealth unless the motor vehicle is equipped with an

ignition interlock system.

(e)  Economic hardship exemption.--A person subject to the

requirements of subsection (a) may apply to the department for a

hardship exemption to the requirement that an ignition interlock

system must be installed in each of the person's motor vehicles.

Where the department determines that the applicant establishes

that such a requirement would result in undue financial

hardship, the department may permit the applicant to install an

ignition interlock system on only one of the applicant's motor

vehicles. However, the applicant in accordance with section 3808

(relating to illegally operating a motor vehicle not equipped

with ignition interlock) shall be prohibited from driving,

operating or being in actual physical control of the movement of

any motor vehicle, including any of the applicant's motor

vehicles, which is not equipped with an ignition interlock

system.

(f)  Employment exemption.--If a person with a restricted

license is required in the course and scope of employment to

drive, operate or be in actual physical control of the movement

of a motor vehicle owned by the person's employer, the following

apply:

(1)  Except as set forth in paragraph (2), the person may

drive, operate or be in actual physical control of the

movement of that motor vehicle in the course and scope of

employment without installation of an ignition interlock

system if:

(i)  the employer has been notified that the employee

is restricted; and

(ii)  the employee has proof of the notification in

the employee's possession while driving, operating or

being in actual physical control of the movement of the

employer's motor vehicle. Proof of the notification may

be established only by the notarized signature of the

employer acknowledging notification on a form which shall

be provided by the department for this purpose and shall

include a contact telephone number of the employer.

(2)  Paragraph (1) does not apply in any of the following

circumstances:

(i)  To the extent that an employer-owned motor

vehicle is made available to the employee for personal

use.

(ii)  If the employer-owned motor vehicle is owned by

an entity which is wholly or partially owned by the

person subject to this section.

(iii)  If the employer-owned motor vehicle is a

school bus; a school vehicle; or a vehicle designed to

transport more than 15 passengers, including the driver.

(g)  Prohibition of authorization.--This section shall not

give the department authorization to impose an ignition

interlock requirement on a person that has committed an offense

under former section 3731 prior to October 1, 2003, without the

issuance of a court order.

(h)  Department approval.--An ignition interlock system

required to be installed under this title must be a system which

has been approved by the department. The department's approval

of ignition interlock systems shall be published in the

Pennsylvania Bulletin. Systems approved for use under former 42

Pa.C.S. § 7002(d) (relating to ignition interlock systems for

driving under the influence) and any contracts for the

installation, maintenance and inspection of the systems in

effect as of the effective date of this section shall continue

to be approved and in effect until the department again

publishes approval of ignition interlock systems in the

Pennsylvania Bulletin and enters into new contracts in support

of the systems.

(h.1)  Mobile installation services.--

(1)  Approved service providers of department-certified

manufacturers of ignition interlock systems shall be

permitted to provide mobile installation of ignition

interlock systems within this Commonwealth.

(2)  Mobile installation of ignition interlock systems

shall be held to the same security and procedural standards

as provided in specifications of the department.

(3)  Approved service providers of mobile installation of

ignition interlock systems shall not permit the program

participant or any unauthorized personnel to witness the

installation of the ignition interlock system.

(4)  Regular maintenance of ignition interlocks after

mobile installation shall be performed according to the

specifications established by the department.

(i)  Offenses committed during a period for which an ignition

interlock restricted license has been issued.--Except as

provided in sections 1547(b.1) and 3808(c) (relating to

illegally operating a motor vehicle not equipped with ignition

interlock), any driver who has been issued an ignition interlock

restricted license and as to whom the department receives a

certified record of a conviction of an offense for which the

penalty is a cancellation, disqualification, recall, suspension

or revocation of operating privileges shall have the ignition

interlock restricted license recalled, and the driver shall

surrender the ignition interlock restricted license to the

department or its agents designated under the authority of

section 1540 (relating to surrender of license). Following the

completion of the cancellation, disqualification, recall,

suspension or revocation which resulted in the recall of the

ignition interlock restricted license, the department shall

require that the person complete the balance of the ignition

interlock restricted license period previously imposed prior to

the issuance of a replacement license under section 1951(d) that

does not contain an ignition interlock restriction.

Section 2.  This act shall take effect in 60 days.