PRINTER'S NO. 1473
No. 1283 Session of 1999
INTRODUCED BY SERAFINI, L. I. COHEN, DONATUCCI, EGOLF, MELIO,
READSHAW, SAYLOR AND THOMAS, APRIL 14, 1999
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 14, 1999
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for driving under the influence;
3 defining the offense of driving after drinking; providing a
4 penalty; and making conforming amendments to this title and
5 Titles 18 (Crimes and Offenses) and 42 (Judiciary and
6 Judicial Procedure).
7 The General Assembly finds and declares as follows:
8 (1) All reasonable steps to make the highways of this
9 Commonwealth safe from drivers who, just prior to driving,
10 have imbibed too much alcohol.
11 (2) It is an unreasonable risk to the safety of innocent
12 motorists and pedestrians on the highways of this
13 Commonwealth for individuals to drink a sufficient amount of
14 alcoholic beverages to cause them to have a blood alcohol
15 content of over 0.10% at any time thereafter and then to
16 operate a motor vehicle, regardless of whether the
17 individuals have a 0.10% blood alcohol content at the time
18 they are actually operating the motor vehicles.
19 (3) Such individuals, after imbibing such amounts of
1 alcohol, cannot reasonably be expected to monitor their blood
2 alcohol content to a degree sufficient to ensure the public
3 safety.
4 (4) The General Assembly intends to criminalize the
5 conduct of driving after drinking a sufficient level of
6 alcohol to cause at some point in time thereafter a blood
7 alcohol content exceeding 0.10% regardless of whether the
8 blood alcohol content of the individual is more than 0.10% at
9 the time the individual is operating the motor vehicle.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Section 1532(b)(3) of Title 75 of the
13 Pennsylvania Consolidated Statutes, amended December 21, 1998
14 (P.L.1126, No.151), is amended to read:
15 § 1532. Suspension of operating privilege.
16 * * *
17 (b) Suspension.--
18 * * *
19 (3) The department shall suspend the operating privilege
20 of any driver for 12 months upon receiving a certified record
21 of the driver's conviction of section 3731 (relating to
22 driving under influence of alcohol or controlled substance),
23 3731.2 (relating to driving after drinking) or 3733 (relating
24 to fleeing or attempting to elude police officer), or
25 substantially similar offenses reported to the department
26 under Article III of section 1581 (relating to Driver's
27 License Compact), or an adjudication of delinquency based on
28 section 3731, 3731.2 or 3733. The department shall suspend
29 the operating privilege of any driver for six months upon
30 receiving a certified record of a consent decree granted
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1 under 42 Pa.C.S. Ch. 63 (relating to juvenile matters) based
2 on section 3731, 3731.2 or 3733.
3 * * *
4 Section 2. Sections 1534 and 1541(d) of Title 75 are amended
5 to read:
6 § 1534. Notice of acceptance of Accelerated Rehabilitative
7 Disposition.
8 (a) General rule.--Except as provided in subsection (b), if
9 a person is arrested for any offense enumerated in section 1532
10 (relating to revocation or suspension of operating privilege)
11 and is offered and accepts Accelerated Rehabilitative
12 Disposition under general rules, the court shall promptly notify
13 the department.
14 (b) Exception.--If a person is arrested for any offense
15 enumerated in section 3731 (relating to driving under influence
16 of alcohol or controlled substance) or 3731.2 (relating to
17 driving after drinking) and is offered and accepts Accelerated
18 Rehabilitative Disposition under general rules, the court shall
19 promptly notify the department. The department shall maintain a
20 record of the acceptance of Accelerated Rehabilitative
21 Disposition for a period of seven years from the date of
22 notification. This record shall not be expunged by order of
23 court.
24 § 1541. Period of revocation or suspension of operating
25 privilege.
26 * * *
27 (d) Continued suspension of operating privilege.--A
28 defendant ordered by the court under section 1548 (relating to
29 requirements for driving under influence offenders), as the
30 result of a conviction or Accelerated Rehabilitative Disposition
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1 of a violation of section 3731 (relating to driving under
2 influence of alcohol or controlled substance) or 3731.2
3 (relating to driving after drinking), to attend a treatment
4 program for alcohol or drug addiction must successfully complete
5 all requirements of the treatment program ordered by the court
6 before the defendant's operating privilege may be restored.
7 Successful completion of a treatment program includes the
8 payment of all court-imposed fines and costs, as well as fees to
9 be paid to the treatment program by the defendant. If a
10 defendant fails to successfully complete the requirements of a
11 treatment program, the suspension shall remain in effect until
12 the defendant completes the program and is otherwise eligible
13 for restoration of his operating privilege. The treatment agency
14 shall immediately notify the court of successful completion of
15 the treatment program. The final decision as to whether a
16 defendant has successfully completed the treatment program rests
17 with the court.
18 Section 3. Sections 1543(b) and 1547 of Title 75, amended
19 December 21, 1998 (P.L.1126, No.151), are amended to read:
20 § 1543. Driving while operating privilege is suspended or
21 revoked.
22 * * *
23 (b) Certain offenses.--
24 (1) Any person who drives a motor vehicle on any highway
25 or trafficway of this Commonwealth at a time when their
26 operating privilege is suspended or revoked as a condition of
27 acceptance of Accelerated Rehabilitative Disposition for a
28 violation of section 3731 (relating to driving under
29 influence of alcohol or controlled substance) or 3731.2
30 (relating to driving after drinking) or because of a
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1 violation of section 1547(b)(1) (relating to suspension for
2 refusal) [or], 3731 or 3731.2 or suspended under section 1581
3 (relating to Driver's License Compact) for an offense
4 substantially similar to a violation of section 3731 shall,
5 upon conviction, be guilty of a summary offense and shall be
6 sentenced to pay a fine of $1,000 and to undergo imprisonment
7 for a period of not less than 90 days.
8 (2) This subsection shall apply to any person against
9 whom one of these suspensions has been imposed whether the
10 person is currently serving this suspension or whether the
11 effective date of suspension has been deferred under any of
12 the provisions of section 1544 (relating to additional period
13 of revocation or suspension). This provision shall also apply
14 until the person has had the operating privilege restored.
15 This subsection shall also apply to any revocation imposed
16 pursuant to section 1542 (relating to revocation of habitual
17 offender's license) if any of the enumerated offenses was for
18 a violation of section 3731 or 3731.2 or for an out-of-State
19 offense that is substantially similar to a violation of
20 section 3731 for which a revocation is imposed under section
21 1581.
22 * * *
23 § 1547. Chemical testing to determine amount of alcohol or
24 controlled substance.
25 (a) General rule.--Any person who drives, operates or is in
26 actual physical control of the movement of a motor vehicle in
27 this Commonwealth shall be deemed to have given consent to one
28 or more chemical tests of breath, blood or urine for the purpose
29 of determining the alcoholic content of blood or the presence of
30 a controlled substance if a police officer has reasonable
19990H1283B1473 - 5 -
1 grounds to believe the person to have been driving, operating or
2 in actual physical control of the movement of a motor vehicle:
3 (1) while under the influence of alcohol or a controlled
4 substance or both; or
5 (2) which was involved in an accident in which the
6 operator or passenger of any vehicle involved or a pedestrian
7 required treatment at a medical facility or was killed.
8 (b) Suspension for refusal.--
9 (1) If any person placed under arrest for a violation of
10 section 3731 (relating to driving under influence of alcohol
11 or controlled substance) or 3731.2 (relating to driving after
12 drinking) is requested to submit to chemical testing and
13 refuses to do so, the testing shall not be conducted but upon
14 notice by the police officer, the department shall suspend
15 the operating privilege of the person for a period of 12
16 months.
17 (2) It shall be the duty of the police officer to inform
18 the person that the person's operating privilege will be
19 suspended upon refusal to submit to chemical testing.
20 (3) Any person whose operating privilege is suspended
21 under the provisions of this section shall have the same
22 right of appeal as provided for in cases of suspension for
23 other reasons.
24 (c) Test results admissible in evidence.--In any summary
25 proceeding or criminal proceeding in which the defendant is
26 charged with a violation of section 3731 or 3731.2 or any other
27 violation of this title arising out of the same action, the
28 amount of alcohol or controlled substance in the defendant's
29 blood, as shown by chemical testing of the person's breath,
30 blood or urine, which tests were conducted by qualified persons
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1 using approved equipment, shall be admissible in evidence.
2 (1) Chemical tests of breath shall be performed on
3 devices approved by the Department of Health using procedures
4 prescribed jointly by regulations of the Departments of
5 Health and Transportation. Devices shall have been calibrated
6 and tested for accuracy within a period of time and in a
7 manner specified by regulations of the Departments of Health
8 and Transportation. For purposes of breath testing, a
9 qualified person means a person who has fulfilled the
10 training requirement in the use of the equipment in a
11 training program approved by the Departments of Health and
12 Transportation. A certificate or log showing that a device
13 was calibrated and tested for accuracy and that the device
14 was accurate shall be presumptive evidence of those facts in
15 every proceeding in which a violation of this title is
16 charged.
17 (2) Chemical tests of blood or urine shall be performed
18 by a clinical laboratory licensed and approved by the
19 Department of Health for this purpose using procedures and
20 equipment prescribed by the Department of Health or by a
21 Pennsylvania State Police criminal laboratory. For purposes
22 of blood and urine testing, qualified person means an
23 individual who is authorized to perform those chemical tests
24 under the act of September 26, 1951 (P.L.1539, No.389), known
25 as The Clinical Laboratory Act.
26 (d) Presumptions from amount of alcohol.--If chemical
27 testing of a person's breath, blood or urine shows:
28 (1) That the amount of alcohol by weight in the blood of
29 an adult is 0.05% or less, it shall be presumed that the
30 adult was not under the influence of alcohol and the adult
19990H1283B1473 - 7 -
1 shall not be charged with any violation under section
2 3731(a)(1), (4) or (5) (relating to driving under influence
3 of alcohol or controlled substance) or 3731.2, or, if the
4 adult was so charged prior to the test, the charge shall be
5 void ab initio. This fact shall not give rise to any
6 presumption concerning a violation of section 3731(a)(2) or
7 (3) or (i) or 3731.2.
8 (2) That the amount of alcohol by weight in the blood of
9 an adult is in excess of 0.05% but less than 0.10%, this fact
10 shall not give rise to any presumption that the adult was or
11 was not under the influence of alcohol, but this fact may be
12 considered with other competent evidence in determining
13 whether the adult was or was not under the influence of
14 alcohol. This provision shall not negate the provisions of
15 section 3731(i).
16 (3) That the amount of alcohol by weight in the blood
17 of:
18 (i) an adult is 0.10% or more; or
19 (ii) a minor is 0.02% or more.
20 This fact may be introduced into evidence if the person is
21 charged with violating section 3731 or 3731.2.
22 (e) Refusal admissible in evidence.--In any summary
23 proceeding or criminal proceeding in which the defendant is
24 charged with a violation of section 3731 or 3731.2 or any other
25 violation of this title arising out of the same action, the fact
26 that the defendant refused to submit to chemical testing as
27 required by subsection (a) may be introduced in evidence along
28 with other testimony concerning the circumstances of the
29 refusal. No presumptions shall arise from this evidence but it
30 may be considered along with other factors concerning the
19990H1283B1473 - 8 -
1 charge.
2 (f) Other evidence admissible.--Subsections (a) through (i)
3 shall not be construed as limiting the introduction of any other
4 competent evidence bearing upon the question whether or not the
5 defendant was under the influence of alcohol.
6 (g) Test results available to defendant.--Upon the request
7 of the person tested, the results of any chemical test shall be
8 made available to him or his attorney.
9 (h) Test by personal physician.--The person tested shall be
10 permitted to have a physician of his own choosing administer an
11 additional breath, blood or urine chemical test and the results
12 of the test shall also be admissible in evidence. The chemical
13 testing given at the direction of the police officer shall not
14 be delayed by a person's attempt to obtain an additional test.
15 (i) Request by driver for test.--Any person involved in an
16 accident or placed under arrest for a violation of section 3731
17 or 3731.2 may request a chemical test of his breath, blood or
18 urine. Such requests shall be honored when it is reasonably
19 practicable to do so.
20 (j) Immunity from civil liability and reports.--No
21 physician, nurse or technician or hospital employing such
22 physician, nurse or technician, and no other employer of such
23 physician, nurse or technician shall be civilly liable for
24 withdrawing blood or obtaining a urine sample and reporting test
25 results to the police at the request of a police officer
26 pursuant to this section. No physician, nurse or technician or
27 hospital employing such physician, nurse or technician may
28 administratively refuse to perform such tests and provide the
29 results to the police officer except as may be reasonably
30 expected from unusual circumstances that pertain at the time the
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1 request is made.
2 (k) Prearrest breath test authorized.--A police officer,
3 having reasonable suspicion to believe a person is driving or in
4 actual physical control of the movement of a motor vehicle while
5 under the influence of alcohol, may require that person prior to
6 arrest to submit to a preliminary breath test on a device
7 approved by the Department of Health for this purpose. The sole
8 purpose of this preliminary breath test is to assist the officer
9 in determining whether or not the person should be placed under
10 arrest. The preliminary breath test shall be in addition to any
11 other requirements of this title. No person has any right to
12 expect or demand a preliminary breath test. Refusal to submit to
13 the test shall not be considered for purposes of subsections (b)
14 and (e).
15 (l) Definitions.--As used in this section, the following
16 words and phrases shall have the meanings given to them in this
17 subsection:
18 "Adult." A person 21 years of age or older.
19 "Minor." A person under 21 years of age.
20 Section 4. Sections 1548(a), (b) and (d), 1552, 1554(f)(8),
21 1575(b), 1611(a)(1), 3326(c), 3716(a) and 3731(d) and (e)(1) and
22 (2) of Title 75 are amended to read:
23 § 1548. Requirements for driving under influence offenders.
24 (a) Evaluation using Court Reporting Network.--In addition
25 to any other requirements of the court, every person convicted
26 of a violation of section 3731 (relating to driving under
27 influence of alcohol or controlled substance) or 3731.2
28 (relating to driving after drinking) and every person offered
29 Accelerated Rehabilitative Disposition as a result of a charge
30 of a violation of section 3731 or 3731.2 shall, prior to
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1 sentencing or receiving Accelerated Rehabilitative Disposition
2 or other preliminary disposition, be evaluated using Court
3 Reporting Network instruments issued by the department and any
4 other additional evaluation techniques deemed appropriate by the
5 court to determine the extent of the person's involvement with
6 alcohol or controlled substances and to assist the court in
7 determining what sentencing, probation or conditions of
8 Accelerated Rehabilitative Disposition would benefit the person
9 or the public.
10 (b) Attendance at alcohol highway safety school.--In
11 addition to any other requirements of the court, every person
12 convicted of a first offense under section 3731 or 3731.2 and
13 every person placed on Accelerated Rehabilitative Disposition or
14 other preliminary disposition as a result of a charge of a
15 violation of section 3731 or 3731.2 shall, as a part of
16 sentencing or as a condition of parole, probation or Accelerated
17 Rehabilitative Disposition, be required to attend and
18 successfully complete an approved alcohol highway safety school
19 established pursuant to section 1549 (relating to establishment
20 of schools). All persons required to participate in this program
21 shall be given both oral and written notice of the provisions of
22 section 1543(b) (relating to driving while operating privilege
23 is suspended or revoked). Persons convicted of a second or
24 subsequent offense under section 3731 or 3731.2 shall be
25 required by the court to be treated for alcohol or drug
26 addiction pursuant to subsection (d).
27 * * *
28 (d) Order for alcohol or drug commitment.--If after
29 evaluation and further examination and hearing it is determined
30 that a defendant is an alleged chronic abuser of alcohol or
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1 controlled substances or that the person is a severely
2 debilitated controlled substance or alcohol abuser who
3 represents a demonstrated and serious threat, the court may
4 order the person committed for treatment at a facility or
5 institution approved by the Department of Health. If the
6 defendant has been convicted of a previous violation of section
7 3731 or 3731.2, the court shall order the person committed to a
8 drug and alcohol treatment program licensed by the Office of
9 Drug and Alcohol Programs of the Department of Health:
10 (1) Any person subject to this subsection may be
11 examined by an appropriate physician of the person's choosing
12 and the result of the examination shall be considered by the
13 court.
14 (2) Upon motion duly made by the committed person, an
15 attorney or an attending physician, the court at any time
16 after an order of commitment may review the order. After
17 determining the progress of treatment, the court may order
18 its continuation, the person's release or supervised
19 treatment on an outpatient basis.
20 (3) Any person ordered by the court to receive treatment
21 after a first offense, and any person required to receive
22 treatment after a second offense under section 3731 or 3731.2
23 must demonstrate to the court that the defendant has
24 successfully completed treatment according to all guidelines
25 required by the program before the person's operating
26 privilege may be restored.
27 * * *
28 § 1552. Accelerated Rehabilitative Disposition.
29 The court of common pleas in each judicial district and the
30 Municipal Court of Philadelphia shall establish and implement a
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1 program for Accelerated Rehabilitative Disposition for persons
2 charged with a violation of section 3731 (relating to driving
3 under influence of alcohol or controlled substance) or 3731.2
4 (relating to driving after drinking) in accordance with the
5 provisions of this chapter and rules adopted by the Supreme
6 Court.
7 § 1554. Probationary license.
8 * * *
9 (f) Unauthorized issuance.--The department shall not issue a
10 probationary license to:
11 * * *
12 (8) A person who has been convicted of a violation of
13 section 3731 (relating to driving under influence of alcohol
14 or controlled substance) or 3731.2 (relating to driving after
15 drinking) within the preceding seven years.
16 * * *
17 § 1575. Permitting violation of title.
18 * * *
19 (b) Penalty.--Any person violating the provisions of
20 subsection (a) is guilty of a summary offense and is subject to
21 the same fine as the driver of the vehicle. If the driver is
22 convicted under section 3731 (relating to driving under
23 influence of alcohol or controlled substance), 3731.2 (relating
24 to driving after drinking) or 3735 (relating to homicide by
25 vehicle while driving under influence), the person violating
26 subsection (a) shall also be subject to suspension or
27 revocation, as applicable, under sections 1532 (relating to
28 revocation or suspension of operating privilege) and 1542
29 (relating to revocation of habitual offender's license).
30 * * *
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1 § 1611. Disqualification.
2 (a) Disqualification for first violation of certain
3 offenses.--Upon receipt of a certified copy of conviction, the
4 department shall, in addition to any other penalties imposed
5 under this title, disqualify any person from driving a
6 commercial motor vehicle for a period of one year for the first
7 violation of:
8 (1) section 3731 (relating to driving under the
9 influence of alcohol or controlled substance) or 3731.2
10 (relating to driving after drinking), where the violation
11 occurred while the person was operating a commercial motor
12 vehicle;
13 * * *
14 § 3326. Duty of driver in construction and maintenance areas.
15 * * *
16 (c) Fines to be doubled.--The fine for any of the following
17 violations, when committed in a construction or maintenance area
18 manned by workers acting in their official capacity, shall be
19 double the usual amount:
20 Section 3102 (relating to obedience to authorized
21 persons directing traffic).
22 Section 3111 (relating to obedience to traffic-
23 control devices).
24 Section 3112 (relating to traffic-control signals).
25 Section 3114 (relating to flashing signals).
26 Section 3302 (relating to meeting vehicle proceeding
27 in opposite direction).
28 Section 3303 (relating to overtaking vehicle on the
29 left).
30 Section 3304 (relating to overtaking vehicle on the
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1 right).
2 Section 3305 (relating to limitations on overtaking
3 on the left).
4 Section 3306 (relating to limitations on driving on
5 left side of roadway).
6 Section 3307 (relating to no-passing zones).
7 Section 3309 (relating to driving on roadways laned
8 for traffic).
9 Section 3310 (relating to following too closely).
10 Section 3323 (relating to stop signs and yield
11 signs).
12 Section 3326 (relating to duty of driver in
13 construction and maintenance areas).
14 Section 3361 (relating to driving vehicle at safe
15 speed).
16 Section 3362 (relating to maximum speed limits).
17 Section 3702 (relating to limitations on backing).
18 Section 3714 (relating to careless driving).
19 Section 3715 (relating to restriction on alcoholic
20 beverages).
21 Section 3731 (relating to driving under influence of
22 alcohol or controlled substance).
23 Section 3731.2 (relating to driving after drinking).
24 Section 3736 (relating to reckless driving).
25 * * *
26 § 3716. Accidents involving overturned vehicles.
27 (a) Speeding, careless driving, etc.--If a commercial motor
28 vehicle overturns in an accident resulting from a violation of
29 section 3361 (relating to driving vehicle at safe speed), 3362
30 (relating to maximum speed limits), 3714 (relating to careless
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1 driving) [or], 3731 (relating to driving under influence of
2 alcohol or controlled substance) or 3731.2 (relating to driving
3 after drinking), the operator of the vehicle shall, upon
4 conviction of any of the aforementioned offenses, be sentenced
5 to pay a fine of not less than $500 nor more than $1,500, in
6 addition to any other penalty authorized by law.
7 * * *
8 § 3731. Driving under influence of alcohol or controlled
9 substance.
10 * * *
11 (d) Certain dispositions prohibited.--The attorney for the
12 Commonwealth shall not submit a charge brought under this
13 section for Accelerated Rehabilitative Disposition if:
14 (1) the defendant has been found guilty of or accepted
15 Accelerated Rehabilitative Disposition of a charge brought
16 under this section or section 3731.2 (relating to driving
17 after drinking) within seven years of the date of the current
18 offense;
19 (2) the defendant committed any other act in connection
20 with the present offense which, in the judgment of the
21 attorney for the Commonwealth, constitutes a violation of any
22 of the specific offenses enumerated within section 1542
23 (relating to revocation of habitual offender's license); or
24 (3) an accident occurred in connection with the events
25 surrounding the current offense and any person, other than
26 the defendant, was killed or seriously injured as a result of
27 the accident.
28 (e) Penalty.--
29 (1) Any person violating any of the provisions of this
30 section is guilty of a misdemeanor of the second degree,
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1 except that a person convicted of a third or subsequent
2 offense, or if combined with convictions under section 3731.2
3 is a third or subsequent offense, is guilty of a misdemeanor
4 of the first degree, and the sentencing court shall order the
5 person to pay a fine of not less than $300 and serve a
6 minimum term of imprisonment of:
7 (i) Not less than 48 consecutive hours.
8 (ii) Not less than 30 days if the person has
9 previously accepted Accelerated Rehabilitative
10 Disposition or any other form of preliminary disposition,
11 been convicted of, adjudicated delinquent or granted a
12 consent decree under the Juvenile Act (42 Pa.C.S. § 6301
13 et seq.) based on an offense under this section or
14 section 3731.2 or of an equivalent offense in this or
15 other jurisdictions within the previous seven years.
16 (iii) Not less than 90 days if the person has twice
17 previously been convicted of, adjudicated delinquent or
18 granted a consent decree under the Juvenile Act based on
19 an offense under this section or section 3731.2 or of an
20 equivalent offense in this or other jurisdictions within
21 the previous seven years.
22 (iv) Not less than one year if the person has three
23 times previously been convicted of, adjudicated
24 delinquent or granted a consent decree under the Juvenile
25 Act based on an offense under this section or section
26 3731.2 or of an equivalent offense in this or other
27 jurisdictions within the previous seven years.
28 (2) Acceptance of Accelerated Rehabilitative
29 Disposition, an adjudication of delinquency or a consent
30 decree under the Juvenile Act or any other form of
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1 preliminary disposition of any charge brought under this
2 section or section 3731.2 shall be considered a first
3 conviction for the purpose of computing whether a subsequent
4 conviction of a violation of this section shall be considered
5 a second, third, fourth or subsequent conviction.
6 * * *
7 Section 5. Title 75 is amended by adding a section to read:
8 § 3731.2. Driving after drinking.
9 (a) Offense defined.--A person who drives, operates or is in
10 actual physical control of the movement of any vehicle after
11 imbibing a sufficient amount of alcohol so that the amount of
12 alcohol by weight in the blood of the person is 0.10% or greater
13 within three hours after the person has driven, operated or been
14 in actual physical control of the movement of the vehicle,
15 commits an offense under this section.
16 (b) Prohibited defenses.--
17 (1) The fact that the amount of alcohol by weight in the
18 blood of the person charged with violating this section did
19 not exceed 0.10% at the time the person was driving,
20 operating or in actual physical control of the movement of
21 the vehicle is not a defense to a charge of violating this
22 section.
23 (2) The fact that any person charged with violating this
24 section is or has been legally entitled to use alcohol is not
25 a defense to a charge of violating this section.
26 (c) Certain arrests authorized.--In addition to any other
27 powers of arrest, a police officer is authorized to arrest
28 without a warrant any person who the officer has probable cause
29 to believe has violated this section, regardless of whether the
30 alleged violation was committed in the presence of that officer.
19990H1283B1473 - 18 -
1 This authority to arrest extends to any hospital or other
2 medical treatment facility located beyond the territorial limits
3 of the police officer's political subdivision at which the
4 person to be arrested is found or was taken or removed to for
5 purposes of emergency treatment, examination or evaluation
6 provided there is probable cause that the violation of this
7 section occurred within the police officer's political
8 subdivision.
9 (d) Certain dispositions prohibited.--The attorney for the
10 Commonwealth shall not submit a charge brought under this
11 section for Accelerated Rehabilitative Disposition if:
12 (1) the defendant has been found guilty of or accepted
13 Accelerated Rehabilitative Disposition of a charge brought
14 under section 3731 (relating to driving under influence of
15 alcohol or controlled substance) or this section within seven
16 years of the date of the current offense;
17 (2) the defendant committed any other act in connection
18 with the present offense which, in the judgment of the
19 attorney for the Commonwealth, constitutes a violation of any
20 of the specific offenses enumerated within section 1542
21 (relating to revocation of habitual offender's license); or
22 (3) an accident occurred in connection with the events
23 surrounding the current offense and any person, other than
24 the defendant, was killed or seriously injured as a result of
25 the accident.
26 (e) Penalty.--
27 (1) Any person who violates this section commits a
28 misdemeanor of the second degree, except that a person
29 convicted of a third or subsequent offense, or if combined
30 with convictions under section 3731 is a third or subsequent
19990H1283B1473 - 19 -
1 offense, commits a misdemeanor of the first degree, and the
2 sentencing court shall order the person to pay a fine of not
3 less than $300 and serve a minimum term of imprisonment of:
4 (i) Not less than 48 hours.
5 (ii) Not less than 30 days if the person has
6 previously accepted Accelerated Rehabilitative
7 Disposition for a violation of this section or section
8 3731, or has previously been convicted, adjudicated
9 delinquent or granted a consent decree under 42 Pa.C.S.
10 Ch. 63 (relating to juvenile matters) based on a
11 violation of this section or section 3731 or a violation
12 of statutes equivalent to this section or section 3731 in
13 this or other jurisdictions within the previous seven
14 years.
15 (iii) Not less than 90 days if the person has twice
16 previously been convicted, adjudicated delinquent or
17 granted a consent decree under 42 Pa.C.S. Ch. 63 based on
18 a violation of this section or section 3731 or a
19 violation of statutes equivalent to this section or
20 section 3731 in this or other jurisdictions within the
21 previous seven years.
22 (iv) Not less than one year if the person has three
23 times previously been convicted, adjudicated delinquent
24 or granted a consent decree under 42 Pa.C.S. Ch. 63 based
25 on a violation of this section or section 3731 or a
26 violation of statutes equivalent to this section or
27 section 3731 in this or other jurisdictions within the
28 previous seven years.
29 (2) Acceptance of Accelerated Rehabilitative
30 Disposition, an adjudication of delinquency or a consent
19990H1283B1473 - 20 -
1 decree under 42 Pa.C.S. Ch. 63 or any other form of
2 disposition of any charge brought under this section or
3 section 3731 shall be considered a first conviction for the
4 purpose of computing whether a subsequent conviction of a
5 violation of this section shall be considered a second,
6 third, fourth or subsequent conviction.
7 (3) The sentencing guidelines promulgated by the
8 Pennsylvania Commission on Sentencing shall not supersede the
9 mandatory penalties of this section.
10 (4) The Commonwealth has the right to appeal directly to
11 the Superior Court any order of court which imposes a
12 sentence for violation of this section which does not meet
13 the requirements of this section. The Superior Court shall
14 remand the case to the sentencing court for imposition of a
15 sentence in accordance with the provisions of this section.
16 (5) Notwithstanding the provision for direct appeal to
17 the Superior Court if, in a city of the first class, a person
18 appeals from a judgment of sentence under this section from
19 the municipal court to the common pleas court for a trial de
20 novo, the Commonwealth shall have the right to appeal
21 directly to the Superior Court from the order of the common
22 pleas court if the sentence imposed is in violation of this
23 section. If, in a city of the first class, a person appeals
24 to the court of common pleas after conviction of a violation
25 of this section in the municipal court and thereafter
26 withdraws his appeal to the common pleas court, thereby
27 reinstating the judgment of sentence of the municipal court,
28 the Commonwealth shall have 30 days from the date of the
29 withdrawal to appeal to the Superior Court if the sentence is
30 in violation of this section.
19990H1283B1473 - 21 -
1 (6) Any person who accepts Accelerated Rehabilitative
2 Disposition of any charge brought under this section shall
3 accept as conditions the imposition of and the judge shall
4 impose in addition to any other conditions all of the
5 following:
6 (i) A fee to cover the costs referred to in section
7 1548(e) (relating to requirements for driving under
8 influence offenders).
9 (ii) A mandatory suspension of operating privileges
10 for a period of not less than one month but no more than
11 12 months.
12 (iii) A condition that the defendant, as a condition
13 of entering the program, make restitution to any person
14 who incurred determinable financial loss as a result of
15 the defendant's actions which resulted in a charge of
16 violating this section.
17 (iv) Court supervision for any defendant required to
18 make restitution or submit to counseling or treatment.
19 (v) Court supervision for a period of not less than
20 six months when the Court Reporting Network indicates
21 that counseling or treatment is not necessary and not
22 less than 12 months when the Court Reporting Network
23 indicates that counseling or treatment is in order.
24 (vi) A fee to cover the reasonable costs, if any, of
25 a municipal corporation in connection with a charge
26 brought under this section which results in Accelerated
27 Rehabilitative Disposition.
28 (7) Accelerated Rehabilitative Disposition or other
29 preliminary disposition of any charge of violating this
30 section may be revoked and the court shall direct the
19990H1283B1473 - 22 -
1 attorney for the Commonwealth to proceed on the charges
2 prescribed in general rules if the defendant:
3 (i) is charged with or commits any crime enumerated
4 in Title 18 (relating to crimes and offenses) or in
5 section 1542 within the probationary period;
6 (ii) fails to make restitution as provided for in
7 this section;
8 (iii) fails to successfully complete the highway
9 safety school required by section 1548(b);
10 (iv) fails to successfully complete any program of
11 counseling or treatment, or both, required as a condition
12 of Accelerated Rehabilitative Disposition; or
13 (v) violates the terms and conditions of Accelerated
14 Rehabilitative Disposition in any other way.
15 (8) In addition to the conditions set forth in paragraph
16 (7) for Accelerated Rehabilitative Disposition of any charge
17 brought under this section, the judge may impose, and the
18 person shall accept, the condition that the person engage in
19 a program of collecting litter from public or private
20 property, especially property which is littered with
21 alcoholic beverage containers. The duration of the person's
22 participation in a litter collection program shall not exceed
23 the duration of the probationary period imposed on the person
24 under Accelerated Rehabilitative Disposition.
25 (9) With the exception of program costs referred to in
26 section 1548(e) or any restitution referred to in this
27 section, and with the exception of any fees imposed pursuant
28 to paragraph (6)(vi) which shall be distributed to the
29 affected municipal corporation, and fee or financial
30 condition imposed by a judge as a condition of Accelerated
19990H1283B1473 - 23 -
1 Rehabilitative Disposition or any other preliminary
2 disposition of any charge under this section shall be
3 distributed as provided for in 42 Pa.C.S. §§ 3571 (relating
4 to Commonwealth portion of fines, etc.) and 3573 (relating to
5 municipal corporation portion of fines, etc.).
6 (f) Preliminary hearing or arraignment.--The presiding
7 judicial officer at the preliminary hearing or preliminary
8 arraignment relating to any charge of a violation of this
9 section shall not reduce or modify the original charges.
10 (g) Work release.--In any case in which a person is
11 sentenced to a period of imprisonment as a result of a
12 conviction for violating any provision of this section, the
13 judicial officer imposing that sentence shall consider assigning
14 that person to a daytime work release program under which the
15 person would be required to collect litter from public and
16 private property, especially property which is littered with
17 alcoholic beverage containers.
18 Section 6. Section 3732 of Title 75 is amended to read:
19 § 3732. Homicide by vehicle.
20 Any person who unintentionally causes the death of another
21 person while engaged in the violation of any law of this
22 Commonwealth or municipal ordinance applying to the operation or
23 use of a vehicle or to the regulation of traffic except section
24 3731 (relating to driving under influence of alcohol or
25 controlled substance) or 3731.2 (relating to driving after
26 drinking) is guilty of homicide by vehicle, a misdemeanor of the
27 first degree, when the violation is the cause of death.
28 Section 7. Section 3735 of Title 75, amended December 21,
29 1998 (P.L.1126, No.151), is amended to read:
30 § 3735. Homicide by vehicle while driving under influence.
19990H1283B1473 - 24 -
1 (a) Offense defined.--Any person who unintentionally causes
2 the death of another person as the result of a violation of
3 section 3731 (relating to driving under influence of alcohol or
4 controlled substance) or 3731.2 (relating to driving after
5 drinking) and who is convicted of violating section 3731 or
6 3731.2 is guilty of a felony of the second degree when the
7 violation is the cause of death and the sentencing court shall
8 order the person to serve a minimum term of imprisonment of not
9 less than three years. A consecutive three-year term of
10 imprisonment shall be imposed for each victim whose death is the
11 result of the violation of section 3731 or 3731.2.
12 (b) Applicability of sentencing guidelines.--The sentencing
13 guidelines promulgated by the Pennsylvania Commission on
14 Sentencing shall not supersede the mandatory penalty of this
15 section.
16 Section 8. Sections 3735.1, 3755(a) and 6505(a) of Title 75
17 are amended to read:
18 § 3735.1. Aggravated assault by vehicle while driving under the
19 influence.
20 (a) Offense defined.--Any person who negligently causes
21 serious bodily injury to another person as the result of a
22 violation of section 3731 (relating to driving under influence
23 of alcohol or controlled substance) or 3731.2 (relating to
24 driving after drinking) and who is convicted of violating
25 section 3731 or 3731.2 commits a felony of the second degree
26 when the violation is the cause of the injury.
27 (b) Definition.--As used in this section, the term "serious
28 bodily injury" means any bodily injury which creates a
29 substantial risk of death or which causes serious, permanent
30 disfigurement or protracted loss or impairment of the function
19990H1283B1473 - 25 -
1 of any bodily member or organ.
2 § 3755. Reports by emergency room personnel.
3 (a) General rule.--If, as a result of a motor vehicle
4 accident, the person who drove, operated or was in actual
5 physical control of the movement of any involved motor vehicle
6 requires medical treatment in an emergency room of a hospital
7 and if probable cause exists to believe a violation of section
8 3731 (relating to driving under influence of alcohol or
9 controlled substance) or 3731.2 (relating to driving after
10 drinking) was involved, the emergency room physician or his
11 designee shall promptly take blood samples from those persons
12 and transmit them within 24 hours for testing to the Department
13 of Health or a clinical laboratory licensed and approved by the
14 Department of Health and specifically designated for this
15 purpose. This section shall be applicable to all injured
16 occupants who were capable of motor vehicle operation if the
17 operator or person in actual physical control of the movement of
18 the motor vehicle cannot be determined. Test results shall be
19 released upon request of the person tested, his attorney, his
20 physician or governmental officials or agencies.
21 * * *
22 § 6506. Surcharge.
23 (a) Levy and imposition.--In addition to any fines, fees or
24 penalties levied or imposed as provided by law, under this title
25 or any other statute, a surcharge shall be levied for
26 disposition in accordance with subsection (b) as follows:
27 (1) Upon conviction for any violation of the provisions
28 of this title or other statute of the Commonwealth, or
29 regulations promulgated under this title, which is a traffic
30 violation and which is not included within the provisions of
19990H1283B1473 - 26 -
1 paragraphs (2) through (7), exclusive of parking offenses, a
2 surcharge of $30.
3 (2) Upon conviction for a violation of the following
4 provisions of this title, a surcharge of $40:
5 (i) Section 3306(a)(1) (relating to limitations on
6 driving on left side of roadway).
7 (ii) Section 3745 (relating to accidents involving
8 damage to unattended vehicle or property).
9 (3) Upon conviction for a violation of section 3345(a)
10 (relating to meeting or overtaking school bus), a surcharge
11 of $50.
12 (4) Upon conviction for a violation of section 3362
13 (relating to maximum speed limits), the following applicable
14 surcharge:
15 (i) $30 for exceeding the maximum speed limit by 6
16 to 10 miles per hour or 11 to 15 miles per hour.
17 (ii) $40 for exceeding the maximum speed limit by 16
18 to 25 miles per hour.
19 (iii) $50 for exceeding the maximum speed limit by
20 at least 26 miles per hour.
21 (5) Upon conviction for violation of section 4902
22 (relating to restrictions on use of highways and bridges),
23 Subchapter C of Chapter 49 (relating to maximum weights of
24 vehicles) or Subchapter E of Chapter 49 (relating to
25 measuring and adjusting vehicle size and weight), a surcharge
26 of $150.
27 (6) Upon conviction for violation of Chapter 47
28 (relating to inspection of vehicles), by the owner or
29 operator or driver of a vehicle which is subject to the
30 provisions of Chapter 49 (relating to size, weight and load),
19990H1283B1473 - 27 -
1 a surcharge of $30.
2 (7) Upon conviction of offenses under section 3731
3 (relating to driving under influence of alcohol or controlled
4 substance) or 3731.2 (relating to driving after drinking), or
5 upon admission to programs for Accelerated Rehabilitative
6 Disposition for offenses enumerated in section 3731 or
7 3731.2, a surcharge, respectively, of:
8 (i) $50 for the first offense.
9 (ii) $100 for the second offense.
10 (iii) $200 for the third offense.
11 (iv) $300 for the fourth and subsequent offenses.
12 The provisions of this subsection shall not apply to any
13 violation committed by the operator of a motorcycle, motor-
14 driven cycle, pedalcycle, motorized pedalcycle or recreational
15 vehicle not intended for highway use.
16 * * *
17 Section 9. Section 6105(c)(3) of Title 18 is amended to
18 read:
19 § 6105. Persons not to possess, use, manufacture, control, sell
20 or transfer firearms.
21 * * *
22 (c) Other persons.--In addition to any person who has been
23 convicted of any offense listed under subsection (b), the
24 following persons shall be subject to the prohibition of
25 subsection (a):
26 * * *
27 (3) A person who has been convicted of driving under the
28 influence of alcohol or controlled substance as provided in
29 75 Pa.C.S. § 3731 (relating to driving under influence of
30 alcohol or controlled substance) or 3731.2 (relating to
19990H1283B1473 - 28 -
1 driving after drinking) on three or more separate occasions
2 within a five-year period. For the purposes of this paragraph
3 only, the prohibition of subsection (a) shall only apply to
4 transfers or purchases of firearms after the third
5 conviction.
6 * * *
7 Section 10. Sections 1515(a)(5), 1725.3(a), 3571(b)(4),
8 3573(b)(3) and 9763(c) of Title 42 are amended to read:
9 § 1515. Jurisdiction and venue.
10 (a) Jurisdiction.--Except as otherwise prescribed by general
11 rule adopted pursuant to section 503 (relating to reassignment
12 of matters), district justices shall, under procedures
13 prescribed by general rule, have jurisdiction of all of the
14 following matters:
15 * * *
16 (5) Offenses under 75 Pa.C.S. § 3731 (relating to
17 driving under influence of alcohol or controlled substance)
18 or 3731.2 (relating to driving after drinking), if the
19 following criteria are met:
20 (i) The offense is the first offense by the
21 defendant under such provision in this Commonwealth.
22 (ii) No personal injury (other than to the defendant
23 or the immediate family of the defendant) resulted from
24 the offense.
25 (iii) The defendant pleads guilty.
26 (iv) No property damage in excess of $500 other than
27 to the defendant's property resulted from the violation.
28 (v) The defendant is not subject to the provisions
29 of Chapter 63 (relating to juvenile matters).
30 (vi) The arresting authority shall cause to be
19990H1283B1473 - 29 -
1 transmitted a copy of the charge of any violation of 75
2 Pa.C.S. § 3731 or 3731.2 to the office of the clerk of
3 the court of common pleas within five days after the
4 preliminary arraignment.
5 In determining that the above criteria are met the district
6 justice shall rely on the certification of the arresting
7 authority. Certification that the criteria are met need not
8 be in writing. Within ten days after the disposition, the
9 district justice shall certify the disposition to the office
10 of the clerk of the court of common pleas in writing.
11 * * *
12 § 1725.3. Criminal laboratory user fee.
13 (a) Imposition.--A person who is placed on probation without
14 verdict pursuant to section 17 of the act of April 14, 1972
15 (P.L.233, No.64), known as The Controlled Substance, Drug,
16 Device and Cosmetic Act, or who receives Accelerated
17 Rehabilitative Disposition or who pleads guilty to or nolo
18 contendere to or who is convicted of a crime as defined in 18
19 Pa.C.S. § 106 (relating to classes of offenses) or 75 Pa.C.S. §
20 3731 (relating to driving under influence of alcohol or
21 controlled substance), 3731.2 (relating to driving after
22 drinking) or 3735 (relating to homicide by vehicle while driving
23 under influence) or a violation of The Controlled Substance,
24 Drug, Device and Cosmetic Act shall, in addition to any fines,
25 penalties or costs, in every case where laboratory services were
26 required to prosecute the crime or violation, be sentenced to
27 pay a criminal laboratory user fee which shall include, but not
28 be limited to, the cost of sending a laboratory technician to
29 court proceedings.
30 * * *
19990H1283B1473 - 30 -
1 § 3571. Commonwealth portion of fines, etc.
2 * * *
3 (b) Vehicle offenses.--
4 * * *
5 (4) When prosecution under 75 Pa.C.S. § 3731 (relating
6 to driving under influence of alcohol or controlled
7 substance) or 3731.2 (relating to driving after drinking) is
8 the result of State Police action, 50% of all fines,
9 forfeited recognizances and other forfeitures imposed, lost
10 or forfeited shall be payable to the Commonwealth, for credit
11 to the Motor License Fund, and 50% shall be payable to the
12 county which shall be further divided as follows:
13 (i) Fifty percent of the moneys received shall be
14 allocated to the appropriate county authority which
15 implements the county drug and alcohol program to be used
16 solely for the purposes of aiding programs promoting drug
17 abuse and alcoholism prevention, education, treatment and
18 research. Programs under this subparagraph include
19 Project DARE (Drug and Alcohol Resistance Education).
20 (ii) Fifty percent of the moneys received shall be
21 used for expenditures incurred for county jails, prisons,
22 workhouses and detention centers.
23 * * *
24 § 3573. Municipal corporation portion of fines, etc.
25 * * *
26 (b) Vehicle offenses.--
27 * * *
28 (3) When prosecution under 75 Pa.C.S. § 3731 (relating
29 to driving under influence of alcohol or controlled
30 substance) or 3731.2 (relating to driving after drinking) is
19990H1283B1473 - 31 -
1 the result of local police action, 50% of all fines,
2 forfeited recognizances and other forfeitures imposed, lost
3 or forfeited shall be payable to the municipal corporation
4 under which the local police are organized, and 50% shall be
5 payable to the county which shall be further divided as
6 follows:
7 (i) Fifty percent of the moneys received shall be
8 allocated to the appropriate county authority which
9 implements the county drug and alcohol program to be used
10 solely for the purposes of aiding programs promoting drug
11 abuse and alcoholism prevention, education, treatment and
12 research. Programs under this subparagraph include
13 Project DARE (Drug and Alcohol Resistance Education).
14 (ii) Fifty percent of the moneys received shall be
15 used for expenditures incurred for county jails, prisons,
16 workhouses and detention centers.
17 * * *
18 § 9763. Sentence of intermediate punishment.
19 * * *
20 (c) Restriction.--A defendant convicted under 75 Pa.C.S. §
21 3731(e) (relating to driving under influence of alcohol or
22 controlled substance) or 3731.2 (relating to driving after
23 drinking) may only be sentenced to intermediate punishment:
24 (1) in a residential inpatient program or in a
25 residential rehabilitative center; or
26 (2) by house arrest or electronic surveillance combined
27 with drug and alcohol treatment.
28 * * *
29 Section 11. This act shall take effect in 60 days.
C10L75DMS/19990H1283B1473 - 32 -