PRINTER'S NO. 559
No. 522 Session of 2003
INTRODUCED BY STACK, KITCHEN, STOUT AND LOGAN, MARCH 18, 2003
REFERRED TO TRANSPORTATION, MARCH 18, 2003
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for driving while operating
3 privilege is suspended.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 1543 of Title 75 of the Pennsylvania
7 Consolidated Statutes, amended October 4, 2002 (P.L.845,
8 No.123), is amended to read:
9 § 1543. Driving while operating privilege is suspended or
10 revoked.
11 (a) Offense defined.--Except as provided in subsection (b),
12 any person who drives a motor vehicle on any highway or
13 trafficway of this Commonwealth after the commencement of a
14 suspension, revocation or cancellation of the operating
15 privilege and before the operating privilege has been restored
16 is guilty of a [summary offense] misdemeanor of the third degree
17 and shall, upon conviction, be sentenced to pay a fine of [$200]
18 $1,000.
1 (b) Certain offenses.--
2 (1) A person who drives a motor vehicle on a highway or
3 trafficway of this Commonwealth at a time when the person's
4 operating privilege is suspended or revoked as a condition of
5 acceptance of Accelerated Rehabilitative Disposition for a
6 violation of section 3731 (relating to driving under
7 influence of alcohol or controlled substance) or because of a
8 violation of section 1547(b)(1) (relating to suspension for
9 refusal) or 3731 or is suspended under section 1581 (relating
10 to Driver's License Compact) for an offense substantially
11 similar to a violation of section 3731 shall, upon
12 conviction, be guilty of a [summary offense] misdemeanor of
13 the second degree and shall be sentenced to pay a fine of
14 [$1,000] $2,000 and to undergo imprisonment for a period of
15 not less than 90 days.
16 (1.1) (i) A person who has an amount of alcohol by
17 weight in his blood that is equal to or greater than .02%
18 or is under the influence of a controlled substance as
19 defined in section 1603 (relating to definitions) and who
20 drives a motor vehicle on any highway or trafficway of
21 this Commonwealth at a time when the person's operating
22 privilege is suspended or revoked as a condition of
23 acceptance of Accelerated Rehabilitative Disposition for
24 a violation of section 3731 or because of a violation of
25 section 1547(b)(1) or 3731 or is suspended under section
26 1581 for an offense substantially similar to a violation
27 of section 3731 shall, upon a first conviction, be guilty
28 of a [summary offense] misdemeanor of the second degree
29 and shall be sentenced to pay a fine of [$1,000] $2,000
30 and to undergo imprisonment for a period of not less than
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1 90 days.
2 (ii) A second violation of this paragraph shall
3 constitute a misdemeanor of the [third] first degree, and
4 upon conviction thereof the person shall be sentenced to
5 pay a fine of $2,500 and to undergo imprisonment for not
6 less than six months.
7 (iii) A third or subsequent violation of this
8 paragraph shall constitute a misdemeanor of the first
9 degree, and upon conviction thereof the person shall be
10 sentenced to pay a fine of $5,000 and to undergo
11 imprisonment for not less than two years.
12 (2) This subsection shall apply to any person against
13 whom one of these suspensions has been imposed whether the
14 person is currently serving this suspension or whether the
15 effective date of suspension has been deferred under any of
16 the provisions of section 1544 (relating to additional period
17 of revocation or suspension). This provision shall also apply
18 until the person has had the operating privilege restored.
19 This subsection shall also apply to any revocation imposed
20 pursuant to section 1542 (relating to revocation of habitual
21 offender's license) if any of the enumerated offenses was for
22 a violation of section 3731 or for an out-of-State offense
23 that is substantially similar to a violation of section 3731
24 for which a revocation is imposed under section 1581.
25 (c) Suspension or revocation of operating privilege.--Upon
26 receiving a certified record of the conviction of any person
27 under this section, the department shall suspend or revoke that
28 person's operating privilege as follows:
29 (1) If the department's records show that the person was
30 under suspension, recall or cancellation on the date of
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1 violation, and had not been restored, the department shall
2 suspend the person's operating privilege for an additional
3 one-year period.
4 (2) If the department's records show that the person was
5 under revocation on the date of violation, and had not been
6 restored, the department shall revoke the person's operating
7 privilege for an additional two-year period.
8 (d) Citation of appropriate subsection.--Prior to [filing a
9 citation] making an arrest for a violation of this section [with
10 the issuing authority named in the citation], the police officer
11 shall verify the basis for the suspension with the department.
12 Upon receiving the verification, the officer shall [cite] make
13 an arrest for violation of the appropriate subsection of this
14 section [on the citation].
15 Section 2. This act shall take effect in 60 days.
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