PRINTER'S NO. 3186
No. 2526 Session of 1994
INTRODUCED BY NAILOR, EGOLF, VANCE, MASLAND, PICCOLA, GORDNER,
SATHER, CESSAR, WAUGH, MAITLAND, FARMER, MUNDY, FARGO,
FAIRCHILD, MELIO, LAUB, ARMSTRONG, GEIST, STETLER, HENNESSEY,
SAYLOR, L. I. COHEN, E. Z. TAYLOR, KING, S. H. SMITH, PLATTS,
FAJT, HUTCHINSON, TULLI, RUBLEY, STERN, GERLACH, MARSICO,
MILLER AND BATTISTO, FEBRUARY 2, 1994
REFERRED TO COMMITTEE ON TRANSPORTATION, FEBRUARY 2, 1994
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for revocation or suspension of
3 operating privilege and for driving under the influence of
4 alcohol or controlled substance.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 1532(b) of Title 75 of the Pennsylvania
8 Consolidated Statutes is amended to read:
9 § 1532. Revocation or suspension of operating privilege.
10 * * *
11 (b) Suspension.--
12 (1) The department shall suspend the operating privilege
13 of any driver for six months upon receiving a certified
14 record of the driver's conviction of or an adjudication of
15 delinquency based on any offense under the following
16 provisions:
17 Section 3367 (relating to racing on highways).
1 Section 3733 (relating to fleeing or attempting to
2 elude police officer).
3 Section 3734 (relating to driving without lights to
4 avoid identification or arrest).
5 Section 3736 (relating to reckless driving).
6 Section 3743 (relating to accidents involving damage
7 to attended vehicle or property).
8 (2) The department shall suspend the operating privilege
9 of any driver for six months upon receiving a certified
10 record of the driver's conviction of a subsequent offense
11 under the following provisions:
12 Section 1501(a) (relating to drivers required to be
13 licensed).
14 Section 1543 (relating to driving while operating
15 privilege is suspended or revoked).
16 (3) The department shall suspend the operating privilege
17 of any driver for 12 months upon receiving a certified record
18 of the driver's conviction of section 3731 (relating to
19 driving under influence of alcohol or controlled substance)
20 or an adjudication of delinquency based on section 3731. The
21 department shall, however, suspend the operating privilege of
22 a driver for 60 days upon receipt of an order under section
23 3731(j). The department shall suspend the operating privilege
24 of any driver for six months upon receiving a certified
25 record of a consent decree granted under 42 Pa.C.S. Ch. 63
26 (relating to juvenile matters) based on section 3731.
27 (4) This subsection does not effect an additional period
28 of revocation of the operating privileges of a driver who
29 receives an additional period of revocation for a second or
30 subsequent violation of section 1543.
19940H2526B3186 - 2 -
1 * * *
2 Section 2. Section 3731(e) of Title 75 is amended and the
3 section is amended by adding subsections to read:
4 § 3731. Driving under influence of alcohol or controlled
5 substance.
6 * * *
7 (e) Penalty.--
8 (1) Any person violating any of the provisions of this
9 section is guilty of a misdemeanor of the second degree and
10 the sentencing court shall order the person to pay a fine of
11 not less than $300 and serve a minimum term of imprisonment
12 of:
13 (i) Not less than 48 consecutive hours.
14 (ii) Not less than 30 days if the person has
15 previously accepted Accelerated Rehabilitative
16 Disposition or any other form of preliminary disposition,
17 been convicted of, adjudicated delinquent or granted a
18 consent decree under the Juvenile Act (42 Pa.C.S. § 6301
19 et seq.) based on an offense under this section or of an
20 equivalent offense in this or other jurisdictions within
21 the previous seven years.
22 (iii) Not less than 90 days if the person has twice
23 previously been convicted of, adjudicated delinquent or
24 granted a consent decree under the Juvenile Act based on
25 an offense under this section or of an equivalent offense
26 in this or other jurisdictions within the previous seven
27 years.
28 (iv) Not less than one year if the person has three
29 times previously been convicted of, adjudicated
30 delinquent or granted a consent decree under the Juvenile
19940H2526B3186 - 3 -
1 Act based on an offense under this section or of an
2 equivalent offense in this or other jurisdictions within
3 the previous seven years.
4 (2) Acceptance of Accelerated Rehabilitative
5 Disposition, an adjudication of delinquency or a consent
6 decree under the Juvenile Act or any other form of
7 preliminary disposition of any charge brought under this
8 section shall be considered a first conviction for the
9 purpose of computing whether a subsequent conviction of a
10 violation of this section shall be considered a second,
11 third, fourth or subsequent conviction.
12 (3) The sentencing guidelines promulgated by the
13 Pennsylvania Commission on Sentencing shall not supersede the
14 mandatory penalties of this section.
15 (4) The Commonwealth has the right to appeal directly to
16 the Superior Court any order of court which imposes a
17 sentence for violation of this section which does not meet
18 the requirements of this section. The Superior Court shall
19 remand the case to the sentencing court for imposition of a
20 sentence in accordance with the provisions of this section.
21 (5) Notwithstanding the provision for direct appeal to
22 the Superior Court, if, in a city of the first class, a
23 person appeals from a judgment of sentence under this section
24 from the municipal court to the common pleas court for a
25 trial de novo, the Commonwealth shall have the right to
26 appeal directly to the Superior Court from the order of the
27 common pleas court if the sentence imposed is in violation of
28 this section. If, in a city of the first class, a person
29 appeals to the court of common pleas after conviction of a
30 violation of this section in the municipal court and
19940H2526B3186 - 4 -
1 thereafter withdraws his appeal to the common pleas court,
2 thereby reinstating the judgment of sentence of the municipal
3 court, the Commonwealth shall have 30 days from the date of
4 the withdrawal to appeal to the Superior Court if the
5 sentence is in violation of this section.
6 (6) Any person who accepts Accelerated Rehabilitative
7 Disposition of any charge brought under this section shall
8 accept as conditions the imposition of and the judge shall
9 impose in addition to any other conditions all of the
10 following:
11 (i) A fee to cover the costs referred to in section
12 1548(e) (relating to costs).
13 (ii) A mandatory suspension of operating privilege
14 for a period of not less than one month but not more than
15 12 months.
16 (iii) A condition that the defendant, as a condition
17 to entering the program, make restitution to any person
18 who incurred determinable financial loss as a result of
19 the defendant's actions which resulted in a charge of
20 violating this section.
21 (iv) Court supervision for any defendant required to
22 make restitution or submit to counseling or treatment.
23 (v) Court supervision for a period of not less than
24 six months when the Court Reporting Network indicates
25 that counseling or treatment is not necessary and not
26 less than 12 months when the Court Reporting Network
27 indicates that counseling or treatment is in order.
28 (vi) A fee to cover the reasonable costs, if any, of
29 a municipal corporation in connection with a charge
30 brought under this section which results in Accelerated
19940H2526B3186 - 5 -
1 Rehabilitative Disposition.
2 (vii) Use of an ignition interlock device.
3 (7) Accelerated Rehabilitative Disposition or other
4 preliminary disposition of any charge of violating this
5 section may be revoked and the court shall direct the
6 attorney for the Commonwealth to proceed on the charges as
7 prescribed in general rules if the defendant:
8 (i) is charged with or commits any crime enumerated
9 in Title 18 (relating to crimes and offenses) or in
10 section 1542 within the probationary period;
11 (ii) fails to make restitution as provided for in
12 this section;
13 (iii) fails to successfully complete the alcohol
14 highway safety school required by section 1548(b);
15 (iv) fails to successfully complete any program of
16 counseling or treatment, or both, required as a condition
17 of Accelerated Rehabilitative Disposition; or
18 (v) violates the terms and conditions of Accelerated
19 Rehabilitative Disposition in any other way.
20 (7.1) In addition to the conditions set forth in
21 paragraph (7) for Accelerated Rehabilitative Disposition of
22 any charge brought under this section, the judge may impose,
23 and the person shall accept, the condition that the person
24 engage in a program of collecting litter from public and
25 private property, especially property which is littered with
26 alcoholic beverage containers. The duration of the person's
27 participation in a litter collection program shall not exceed
28 the duration of the probationary period imposed on the person
29 under Accelerated Rehabilitative Disposition.
30 (8) With the exception of program costs referred to in
19940H2526B3186 - 6 -
1 section 1548(e) or any restitution referred to in this
2 section, and with the exception of any fees imposed pursuant
3 to paragraph (6)(vi) which shall be distributed to the
4 affected municipal corporation, any fee or financial
5 condition imposed by a judge as a condition of Accelerated
6 Rehabilitative Disposition or any other preliminary
7 disposition of any charge under this section shall be
8 distributed as provided for in 42 Pa.C.S. §§ 3571 (relating
9 to Commonwealth portion of fines, etc.) and 3573 (relating to
10 municipal corporation portion of fines, etc.).
11 * * *
12 (j) Ignition interlock device.--The court shall have the
13 authority to order persons convicted and sentenced under
14 subsection (e)(1)(ii) to undergo a license suspension of 60 days
15 followed by the use of an ignition interlock device for one
16 year.
17 (k) Eligibility.--A person is eligible under subsection (j)
18 only if the person:
19 (1) received a final court order pursuant to Pa.R.C.P.
20 No. 185 indicating successful completion of Accelerated
21 Rehabilitative Disposition and did not participate in an
22 ignition interlock program as a condition thereof;
23 (2) has no other record of convictions for violations of
24 this title;
25 (3) must drive for employment purposes;
26 (4) has successfully completed an approved highway
27 safety school program under section 1549 (relating to
28 establishment of schools) and any other program of counseling
29 or treatment required by the court.
30 (l) Violation.--If a person violates a condition of the
19940H2526B3186 - 7 -
1 program or commits a violation of this section during
2 participation in the program, the court shall order the
3 suspension of the operating privilege of the person for one
4 year.
5 (m) Definition.--As used in this section, the term "ignition
6 interlock device" means:
7 (1) A blood-alcohol concentration equivalence measuring
8 device or a performance impairment device which prevents a
9 motor vehicle from being started at any time without first
10 determining through a deep lung sample the operator's
11 equivalent breath-alcohol level. The system shall be
12 calibrated so that the motor vehicle may not be started if
13 the blood-alcohol level of the operator, as measured by the
14 test, reaches a level of 0.03%.
15 (2) Any device similar to one described in paragraph (1)
16 which has been approved by the Pennsylvania State Police and
17 which performs a comparable test which prevents a vehicle
18 from being started if the test is not successfully completed.
19 Section 3. This act shall take effect in 60 days.
A13L75PJP/19940H2526B3186 - 8 -