PRINTER'S NO. 216
No. 215 Session of 1981
INTRODUCED BY LEVI, PETERSON, DIETZ, BOWSER AND KLINGAMAN,
JANUARY 26, 1981
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 26, 1981
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing penalties for driving under the
3 influence of alcohol or drugs.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 1532 of Title 75, act of November 25,
7 1970 (P.L.707, No.230), known as the Pennsylvania Consolidated
8 Statutes, is amended to read:
9 § 1532. Revocation or suspension of operating privilege.
10 (a) Revocation.--The department shall revoke the operating
11 privilege of any driver for one year upon receiving a certified
12 record of the driver's conviction of any of the following
13 offenses:
14 (1) Any felony in the commission of which a court
15 determines that a vehicle was essentially involved.
16 [(2) Any subsequent violation of section 3731 (relating
17 to driving under influence of alcohol or controlled
18 substance) within three years of a prior violation.]
1 (3) Any violation of the following provisions:
2 Section 3732 (relating to homicide by vehicle).
3 Section 3742 (relating to accidents involving death
4 or personal injury).
5 Section 7102(b) (relating to removal or falsification
6 of identification number).
7 Section 7103(b) (relating to dealing in vehicles with
8 removed or falsified numbers).
9 Section 7111 (relating to dealing in titles and
10 plates for stolen vehicles).
11 Section 7121 (relating to false application for
12 certificate of title or registration).
13 Section 7122 (relating to altered, forged or
14 counterfeit documents and plates).
15 (b) Suspension.--
16 (1) The department shall suspend the operating privilege
17 of any driver for six months upon receiving a certified
18 record of the driver's conviction of any offense under the
19 following provisions:
20 Section 3367 (relating to racing on highways).
21 [Section 3731 (relating to driving under influence of
22 alcohol or controlled substance).]
23 Section 3733 (relating to fleeing or attempting to
24 elude police officer).
25 Section 3734 (relating to driving without lights to
26 avoid identification or arrest).
27 Section 3743 (relating to accidents involving damage
28 to attended vehicle or property).
29 (2) The department shall suspend the operating privilege
30 of any driver for six months upon receiving a certified
19810H0215B0216 - 2 -
1 record of the driver's conviction of a subsequent offense
2 under the following provisions:
3 Section 1501(a) (relating to drivers required to be
4 licensed).
5 Section 1543 (relating to driving while operating
6 privilege is suspended or revoked).
7 (3) This subsection does not effect an additional period
8 of revocation of the operating privileges of a driver who
9 receives an additional period of revocation for a second or
10 subsequent violation of section 1543.
11 Section 2. Title 75 is amended by adding a section to read:
12 §1532.1. Driving under the influence of alcohol or drugs.
13 (a) Suspension or revocation of license.--The department
14 shall suspend or revoke the operating privilege of any driver
15 upon receiving a certified record of the driver's conviction
16 under section 3731 (relating to driving under influence of
17 alcohol or controlled substance) as follows:
18 (1) One year suspension for a first offense.
19 (2) Three year suspension for a second offense.
20 (3) Lifetime revocation for a third offense.
21 (b) Unlawful operation of motor vehicle.--
22 (1) Any person whose operating privilege has been
23 suspended or revoked pursuant to subsection (a) and who
24 operates a motor vehicle within the Commonwealth, shall, upon
25 conviction thereof be guilty of a misdemeanor and shall be
26 sentenced to imprisonment for one year.
27 (2) It shall not be a defense to a charge of violating
28 this subsection that the person possesses a driver's license
29 issued by a foreign jurisdiction.
30 Section 3. This act shall take effect in 60 days and shall
19810H0215B0216 - 3 -
1 apply to offenses committed on and after that date.
A14L75DGS/19810H0215B0216 - 4 -