PRINTER'S NO. 3122
No. 2268 Session of 2002
INTRODUCED BY WATSON, E. Z. TAYLOR, ARMSTRONG, BARD, BASTIAN, BEBKO-JONES, CAPPELLI, CLARK, CORRIGAN, COSTA, CREIGHTON, CRUZ, DeLUCA, DiGIROLAMO, EGOLF, FLICK, FORCIER, FRANKEL, GEIST, GRUCELA, HARHAI, HENNESSEY, HERSHEY, HORSEY, KENNEY, MARSICO, McILHATTAN, MELIO, R. MILLER, PIPPY, READSHAW, RUBLEY, SCHRODER, SOLOBAY, STEELMAN, STERN, J. TAYLOR, THOMAS, TIGUE, TURZAI, VANCE, WILT AND YOUNGBLOOD, JANUARY 4, 2002
REFERRED TO COMMITTEE ON TRANSPORTATION, JANUARY 4, 2002
AN ACT 1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated 2 Statutes, further providing for revocation of habitual 3 offenders' licenses and for penalties for driving under the 4 influence of alcohol or controlled substances. 5 The General Assembly of the Commonwealth of Pennsylvania 6 hereby enacts as follows: 7 Section 1. Sections 1542(a), (d) and (e), 3731(e)(1), 8 3735(a) and 3735.1(a) of Title 75 of the Pennsylvania 9 Consolidated Statutes are amended to read: 10 § 1542. Revocation of habitual offender's license. 11 (a) General rule.--The department shall revoke the operating 12 privilege of any person found to be a habitual offender pursuant 13 to the provisions of this section. A "habitual offender" shall 14 be any person whose driving record, as maintained in the 15 department, shows that such person has accumulated the requisite 16 number of convictions for the separate and distinct offenses
1 described and enumerated in subsection (b) committed after [the 2 effective date of this title] July 1, 1977, and within any 3 period of [five] seven years thereafter. 4 * * * 5 (d) Period of revocation.--[The] 6 (1) Except as otherwise provided in paragraph (2), the 7 operating privilege of any person found to be a habitual 8 offender under the provisions of this section shall be 9 revoked by the department for a period of five years. 10 (2) If a person is found to be a habitual offender under 11 this section and the three convictions are for offenses under 12 section 3731 (relating to driving under influence of alcohol 13 or controlled substance) or one of the three convictions is 14 for an offense under section 3735 (relating to homicide by 15 vehicle while driving under influence) or 3735.1 (relating to 16 aggravated assault by vehicle while driving under the 17 influence), the operating privilege of the person shall be 18 revoked by the department for the life of the offender. 19 (e) Additional offenses.--Each additional offense committed 20 within a period of [five] seven years, as measured from the date 21 of any previous offense, shall result in a revocation for an 22 additional period of two years beyond the period set forth in 23 subsection (d)(1). 24 § 3731. Driving under influence of alcohol or controlled 25 substance. 26 * * * 27 (e) Penalty.-- 28 (1) Any person violating any of the provisions of this 29 section [is guilty of] commits a misdemeanor of the second 30 degree, except that a person convicted of a third [or 20020H2268B3122 - 2 -
1 subsequent] offense [is guilty of a misdemeanor] commits a 2 felony of the [first degree and the] third degree. Any person 3 convicted of a fourth or subsequent offense or any person who 4 has previously been convicted of an offense under section 5 3735 (relating to homicide by vehicle while driving under 6 influence) or 3735.1 (relating to aggravated assault by 7 vehicle while driving under the influence) regardless of the 8 number of prior convictions under this section within the 9 previous seven years commits a felony of the first degree. 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] 90 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] one year if the person 23 has twice 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 of an 26 equivalent offense in this or other jurisdictions within 27 the previous seven years. 28 (iv) Not less than [one year] three years if the 29 person has three times previously been convicted of, 30 adjudicated delinquent or granted a consent decree under 20020H2268B3122 - 3 -
1 the Juvenile Act based on an offense under this section 2 or of an equivalent offense in this or other 3 jurisdictions or if the person has previously been 4 convicted of an offense under section 3735 or 3735.1 5 within the previous seven years. 6 * * * 7 § 3735. Homicide by vehicle while driving under influence. 8 (a) Offense defined.--[Any] 9 (1) Except as otherwise provided in paragraph (2), any 10 person who unintentionally causes the death of another person 11 as the result of a violation of section 3731 (relating to 12 driving under influence of alcohol or controlled substance) 13 and who is convicted of violating section 3731 [is guilty of] 14 commits a felony of the second degree when the violation is 15 the cause of death and the sentencing court shall order the 16 person to serve a minimum term of imprisonment of not less 17 than three years. A consecutive three-year term of 18 imprisonment shall be imposed for each victim whose death is 19 the result of the violation of section 3731. 20 (2) Any person who commits an offense under paragraph 21 (1) and who has been convicted of an offense under section 22 3731 two times within the previous seven years commits a 23 felony of the first degree. 24 * * * 25 § 3735.1. Aggravated assault by vehicle while driving under the 26 influence. 27 (a) Offense defined.--[Any] 28 (1) Except as otherwise provided in paragraph (2), any 29 person who negligently causes serious bodily injury to 30 another person as the result of a violation of section 3731 20020H2268B3122 - 4 -
1 (relating to driving under influence of alcohol or controlled 2 substance) and who is convicted of violating section 3731 3 commits a felony of the second degree when the violation is 4 the cause of the injury. 5 (2) Any person who commits an offense under paragraph 6 (1) and who has been convicted of an offense under section 7 3731 two times within the previous seven years commits a 8 felony of the first degree. 9 * * * 10 Section 2. This act shall take effect in 60 days. K19L75DMS/20020H2268B3122 - 5 -