HOUSE AMENDED PRIOR PRINTER'S NOS. 110, 717, 961, PRINTER'S NO. 1078 1046, 1054
No. 8 Session of 2003
INTRODUCED BY DENT, WONDERLING, MADIGAN, HELFRICK, LEMMOND, CORMAN, TOMLINSON, WENGER, RAFFERTY, THOMPSON, COSTA, KITCHEN AND C. WILLIAMS, FEBRUARY 3, 2003
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES, JULY 8, 2003
AN ACT 1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated <-- 2 Statutes, further defining "emergency vehicle"; and further <-- 3 providing for chemical testing to determine amount of alcohol 4 or controlled substance AND for driving under the influence <-- 5 of alcohol or controlled substances@. for visual and audible <-- 6 signals on emergency vehicles, for the Child Passenger 7 Restraint Fund and for civil immunity for lenders of child 8 passenger restraint systems. 9 AMENDING TITLES 18 (CRIMES AND OFFENSES), 30 (FISH), 34 (GAME), <-- 10 42 (JUDICIARY AND JUDICIAL PROCEDURE) AND 75 (VEHICLES) OF 11 THE PENNSYLVANIA CONSOLIDATED STATUTES, FURTHER PROVIDING FOR 12 DISPLAY OF REGISTRATION PLATE, FOR IMPAIRMENT DUE TO ALCOHOL 13 OR CONTROLLED SUBSTANCES, FOR DEPARTMENT OF TRANSPORTATION 14 RECORDS, FOR AUTOMATED RED LIGHT ENFORCEMENT SYSTEMS IN FIRST 15 CLASS CITIES, FOR ENUMERATION OF POLICE POWERS, FOR 16 INVESTIGATION BY POLICE OFFICERS AND FOR CERTAIN SURCHARGES; 17 AND MAKING EDITORIAL CHANGES. 18 AMENDING TITLES 18 (CRIMES AND OFFENSES), 30 (FISH), 34 (GAME), <-- 19 42 (JUDICIARY AND JUDICIAL PROCEDURE) AND 75 (VEHICLES) OF 20 THE PENNSYLVANIA CONSOLIDATED STATUTES, FURTHER PROVIDING FOR 21 IMPAIRMENT DUE TO ALCOHOL OR CONTROLLED SUBSTANCES, FOR 22 DEPARTMENT OF TRANSPORTATION RECORDS, FOR INVESTIGATION BY 23 POLICE OFFICERS AND FOR CERTAIN SURCHARGES; AND MAKING 24 EDITORIAL CHANGES. 25 The General Assembly of the Commonwealth of Pennsylvania 26 hereby enacts as follows: 27 Section 1. The definition of "emergency vehicle" in section <--
1 102 of Title 75 of the Pennsylvania Consolidated Statutes is 2 amended to read: 3 § 102. Definitions. 4 Subject to additional definitions contained in subsequent 5 provisions of this title which are applicable to specific 6 provisions of this title, the following words and phrases when 7 used in this title shall have, unless the context clearly 8 indicates otherwise, the meanings given to them in this section: 9 * * * 10 "Emergency vehicle." A fire department vehicle, police 11 vehicle, sheriff vehicle, ambulance, blood delivery vehicle, 12 human organ delivery vehicle, hazardous material response 13 vehicle, armed forces emergency vehicle, one vehicle operated by 14 a coroner or chief county medical examiner and one vehicle 15 operated by a chief deputy coroner or deputy chief county 16 medical examiner used for answering emergency calls, or any 17 other vehicle designated by the State Police under section 6106 18 (relating to designation of emergency vehicles by Pennsylvania 19 State Police), or a privately owned vehicle used in answering an 20 emergency call when used by any of the following: 21 (1) A police chief and assistant chief. 22 (2) A fire chief, assistant chief and, when a fire 23 company has three or more fire vehicles, a second or third 24 assistant chief. 25 (3) A fire police captain and fire police lieutenant. 26 (4) An ambulance corps commander and assistant 27 commander. 28 (5) A river rescue commander and assistant commander. 29 (6) A county emergency management coordinator. 30 (7) A fire marshal. 20030S0008B1078 - 2 -
1 (8) A rescue service chief and assistant chief. 2 (9) A hazardous materials team chief and assistant 3 chief. 4 * * * 5 Section 2. Sections 1547(d), 3731(a) and (a.1), 4571(b) 6 heading and (1), 4582 and 4586 of Title 75 are amended to read: 7 SECTION 1. SECTIONS 1547(D) AND 3731(A) AND (A.1) OF TITLE <-- 8 75 OF THE PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED TO 9 READ: 10 § 1547. Chemical testing to determine amount of alcohol or 11 controlled substance. 12 * * * 13 (d) Presumptions from amount of alcohol.--If chemical 14 testing of a person's breath, blood or urine shows: 15 (1) That the amount of alcohol by weight in the blood of 16 an adult is 0.05% or less, it shall be presumed that the 17 adult was not under the influence of alcohol and the adult 18 shall not be charged with any violation under section 19 3731(a)(1), (4) or (5) (relating to driving under influence 20 of alcohol or controlled substance), or, if the adult was so 21 charged prior to the test, the charge shall be void ab 22 initio. This fact shall not give rise to any presumption 23 concerning a violation of section 3731(a)(2) or (3) or (i). 24 (2) That the amount of alcohol by weight in the blood of 25 an adult is in excess of 0.05% but less than [0.10%] 0.08%, 26 this fact shall not give rise to any presumption that the 27 adult was or was not under the influence of alcohol, but this 28 fact may be considered with other competent evidence in 29 determining whether the adult was or was not under the 30 influence of alcohol. This provision shall not negate the 20030S0008B1078 - 3 -
1 provisions of section 3731(i). 2 (3) That the amount of alcohol by weight in the blood 3 of: 4 (i) an adult is [0.10%] 0.08% or more; or 5 (ii) a minor is 0.02% or more, 6 this fact may be introduced into evidence if the person is 7 charged with violating section 3731. 8 * * * 9 § 3731. Driving under influence of alcohol or controlled 10 substance. 11 (a) Offense defined.--A person shall not drive, operate or 12 be in actual physical control of the movement of a vehicle in 13 any of the following circumstances: 14 (1) While under the influence of alcohol to a degree 15 which renders the person incapable of safe driving. 16 (2) While under the influence of any controlled 17 substance, as defined in the act of April 14, 1972 (P.L.233, 18 No.64), known as The Controlled Substance, Drug, Device and 19 Cosmetic Act, to a degree which renders the person incapable 20 of safe driving. 21 (3) While under the combined influence of alcohol and 22 any controlled substance to a degree which renders the person 23 incapable of safe driving. 24 (4) While the amount of alcohol by weight in the blood 25 of: 26 (i) an adult is [0.10%] 0.08% or greater; or 27 (ii) a minor is 0.02% or greater. 28 (a.1) Prima facie evidence.-- 29 (1) It is prima facie evidence that: 30 (i) an adult had [0.10%] 0.08% or more by weight of 20030S0008B1078 - 4 -
1 alcohol in his or her blood at the time of driving, 2 operating or being in actual physical control of the 3 movement of any vehicle if the amount of alcohol by 4 weight in the blood of the person is equal to or greater 5 than [0.10%] 0.08% at the time a chemical test is 6 performed on a sample of the person's breath, blood or 7 urine; 8 (ii) a minor had 0.02% or more by weight of alcohol 9 in his or her blood at the time of driving, operating or 10 being in actual physical control of the movement of any 11 vehicle if the amount of alcohol by weight in the blood 12 of the minor is equal to or greater than 0.02% at the 13 time a chemical test is performed on a sample of the 14 person's breath, blood or urine; and 15 (iii) a person operating a commercial vehicle had 16 0.04% or more by weight of alcohol in his or her blood at 17 the time of driving, operating or being in actual 18 physical control of the movement of the commercial 19 vehicle if the amount of alcohol by weight in the blood 20 of a person operating a commercial vehicle is equal to or 21 greater than 0.04% at the time a chemical test is 22 performed on a sample of the person's breath, blood or 23 urine. 24 (2) For the purposes of this section, the chemical test 25 of the sample of the person's breath, blood or urine shall be 26 from a sample obtained within three hours after the person 27 drove, operated or was in actual physical control of the 28 vehicle. 29 * * * 30 § 4571. Visual and audible signals on emergency vehicles. <-- 20030S0008B1078 - 5 -
1 * * * 2 (b) Police, sheriff, fire and coroner [or], medical examiner 3 or hazardous materials response vehicles.-- 4 (1) Police, sheriff, coroner, medical examiner [or], 5 fire police and hazardous materials response vehicles may in 6 addition to the requirements of subsection (a) be equipped 7 with one or more revolving or flashing blue lights. The 8 combination of red and blue lights may be used only on 9 police, sheriff, coroner, medical examiner [or], fire police 10 or hazardous materials response vehicles. 11 * * * 12 § 4582. Child Passenger Restraint Fund. 13 A Child Passenger Restraint Fund is established in the 14 General Fund as a special restricted receipts account hereby 15 earmarked for and appropriated to the department. This fund 16 shall consist of all fines deposited pursuant to section 4581(b) 17 (relating to restraint systems), all Federal funds granted for 18 said use and any moneys donated into the fund. All such funds 19 shall be used solely for the purpose of purchasing Federally 20 approved child restraint seats and child booster seats and 21 making such seats available to qualified loaner programs within 22 the Commonwealth. A qualified loaner program shall be one 23 determined by the department to loan Federally approved child 24 restraint seats and child booster seats to parents or legal 25 guardians of children under [four] eight years of age who, due 26 to financial or economic hardship, are unable to comply with the 27 provisions of this subchapter. The department shall adopt such 28 regulations as are necessary to effectuate the purpose of this 29 section. 30 § 4586. Civil immunity for lenders of child passenger restraint 20030S0008B1078 - 6 -
1 systems. 2 No person or organization who or which lends to another 3 person or organization a child passenger restraint system or 4 child booster seat, as [described] defined in section 4581 5 (relating to restraint systems), shall be liable for any civil 6 damages resulting from any acts or omission, except any act or 7 omission intentionally designed to harm, or any grossly 8 negligent act or omission resulting in harm to another. 9 Section 3. This act shall take effect September 30, 2003. 10 SECTION 2. THIS ACT SHALL TAKE EFFECT OCTOBER 1, 2003, OR <-- 11 IMMEDIATELY, WHICHEVER IS LATER. 12 SECTION 1. SECTION 6105(C)(3) OF TITLE 18 OF THE <-- 13 PENNSYLVANIA CONSOLIDATED STATUTES IS AMENDED TO READ: 14 § 6105. PERSONS NOT TO POSSESS, USE, MANUFACTURE, CONTROL, SELL 15 OR TRANSFER FIREARMS. 16 * * * 17 (C) OTHER PERSONS.--IN ADDITION TO ANY PERSON WHO HAS BEEN 18 CONVICTED OF ANY OFFENSE LISTED UNDER SUBSECTION (B), THE 19 FOLLOWING PERSONS SHALL BE SUBJECT TO THE PROHIBITION OF 20 SUBSECTION (A): 21 * * * 22 (3) A PERSON WHO HAS BEEN CONVICTED OF DRIVING UNDER THE 23 INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE AS PROVIDED IN 24 75 PA.C.S. § [3731] 3802 (RELATING TO DRIVING UNDER INFLUENCE 25 OF ALCOHOL OR CONTROLLED SUBSTANCE) ON THREE OR MORE SEPARATE 26 OCCASIONS WITHIN A FIVE-YEAR PERIOD. FOR THE PURPOSES OF THIS 27 PARAGRAPH ONLY, THE PROHIBITION OF SUBSECTION (A) SHALL ONLY 28 APPLY TO TRANSFERS OR PURCHASES OF FIREARMS AFTER THE THIRD 29 CONVICTION. 30 * * * 20030S0008B1078 - 7 -
1 SECTION 2. SECTION 7508.1(B) AND (C) OF TITLE 18 ARE AMENDED 2 TO READ: 3 § 7508.1. SUBSTANCE ABUSE EDUCATION AND DEMAND REDUCTION FUND. 4 * * * 5 (B) IMPOSITION.--UNLESS THE COURT FINDS THAT UNDUE HARDSHIP 6 WOULD RESULT, A MANDATORY COST OF $100, WHICH SHALL BE IN 7 ADDITION TO ANY OTHER COSTS IMPOSED PURSUANT TO STATUTORY 8 AUTHORITY, SHALL AUTOMATICALLY BE ASSESSED ON ANY INDIVIDUAL 9 CONVICTED, ADJUDICATED DELINQUENT OR GRANTED ACCELERATED 10 REHABILITATIVE DISPOSITION OR ANY INDIVIDUAL WHO PLEADS GUILTY 11 OR NOLO CONTENDERE FOR A VIOLATION OF THE ACT OF APRIL 14, 1972 12 (P.L.233, NO.64), KNOWN AS THE CONTROLLED SUBSTANCE, DRUG, 13 DEVICE AND COSMETIC ACT, OR A VIOLATION OF 75 PA.C.S. § [3731] 14 3802 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR 15 CONTROLLED SUBSTANCE). 16 (C) ADDITIONAL ASSESSMENT.--IN ADDITION TO THE ASSESSMENT 17 REQUIRED BY SUBSECTION (B), A PERSON CONVICTED OF OR ADJUDICATED 18 DELINQUENT FOR A VIOLATION OF 75 PA.C.S. § [3731] 3802 SHALL BE 19 ASSESSED $200 WHERE THE AMOUNT OF ALCOHOL BY WEIGHT IN THE BLOOD 20 OF THE PERSON IS EQUAL TO OR GREATER THAN [.15%] .16% AT THE 21 TIME A CHEMICAL TEST IS PERFORMED ON A SAMPLE OF THE PERSON'S 22 BREATH, BLOOD OR URINE. FOR THE PURPOSES OF THIS SUBSECTION, THE 23 SAMPLE OF THE PERSON'S BLOOD, BREATH OR URINE SHALL BE TAKEN 24 WITHIN [TWO] THREE HOURS AFTER THE PERSON IS PLACED UNDER 25 ARREST. 26 * * * 27 SECTION 3. SECTION 7514 OF TITLE 18 IS REPEALED. 28 SECTION 4. SECTION 5502(A)(4) AND (A.1)(1) OF TITLE 30 ARE 29 AMENDED TO READ: 30 § 5502. OPERATING WATERCRAFT UNDER INFLUENCE OF ALCOHOL OR 20030S0008B1078 - 8 -
1 CONTROLLED SUBSTANCE. 2 (A) GENERAL RULE.--NO PERSON SHALL OPERATE OR BE IN ACTUAL 3 PHYSICAL CONTROL OF THE MOVEMENT OF A WATERCRAFT UPON, IN OR 4 THROUGH THE WATERS OF THIS COMMONWEALTH: 5 * * * 6 (4) WHILE THE AMOUNT OF ALCOHOL BY WEIGHT IN THE BLOOD 7 OF: 8 (I) AN ADULT IS [0.10%] 0.08% OR GREATER; OR 9 (II) A MINOR IS 0.02% OR GREATER. 10 (A.1) PRIMA FACIE EVIDENCE.-- 11 (1) IT IS PRIMA FACIE EVIDENCE THAT: 12 (I) AN ADULT HAD [0.10%] 0.08% OR MORE BY WEIGHT OF 13 ALCOHOL IN HIS OR HER BLOOD AT THE TIME OF OPERATING OR 14 BEING IN ACTUAL PHYSICAL CONTROL OF THE MOVEMENT OF A 15 WATERCRAFT IF THE AMOUNT OF ALCOHOL BY WEIGHT IN THE 16 BLOOD OF THE PERSON IS EQUAL TO OR GREATER THAN [0.10%] 17 0.08% AT THE TIME A CHEMICAL TEST IS PERFORMED ON A 18 SAMPLE OF THE PERSON'S BREATH, BLOOD OR URINE; AND 19 (II) A MINOR HAD 0.02% OR MORE BY WEIGHT OF ALCOHOL 20 IN HIS OR HER BLOOD AT THE TIME OF OPERATING OR BEING IN 21 ACTUAL PHYSICAL CONTROL OF THE MOVEMENT OF A WATERCRAFT 22 IF THE AMOUNT OF ALCOHOL BY WEIGHT IN THE BLOOD OF THE 23 MINOR IS EQUAL TO OR GREATER THAN 0.02% AT THE TIME A 24 CHEMICAL TEST IS PERFORMED ON A SAMPLE OF THE PERSON'S 25 BREATH, BLOOD OR URINE. 26 * * * 27 SECTION 5. SECTIONS 2501(A)(4) AND (A.1)(1)(I) AND (B) AND 28 2502(D)(2) AND (3) OF TITLE 34 ARE AMENDED TO READ: 29 § 2501. HUNTING OR FURTAKING PROHIBITED WHILE UNDER INFLUENCE 30 OF ALCOHOL OR CONTROLLED SUBSTANCE. 20030S0008B1078 - 9 -
1 (A) GENERAL RULE.--IT IS UNLAWFUL TO HUNT OR TAKE GAME, 2 FURBEARERS OR WILDLIFE OR AID, ABET, ASSIST OR CONSPIRE TO HUNT 3 OR TAKE GAME, FURBEARERS OR WILDLIFE ANYWHERE IN THIS 4 COMMONWEALTH WHILE IN POSSESSION OF A FIREARM OF ANY KIND OR A 5 BOW AND ARROW IF: 6 * * * 7 (4) THE AMOUNT OF ALCOHOL BY WEIGHT IN THE BLOOD OF: 8 (I) AN ADULT IS [0.10%] 0.08% OR GREATER; OR 9 (II) A MINOR IS 0.02% OR GREATER. 10 (A.1) PRIMA FACIE EVIDENCE.-- 11 (1) IT IS PRIMA FACIE EVIDENCE THAT: 12 (I) AN ADULT HAD [0.10%] 0.08% OR MORE BY WEIGHT OF 13 ALCOHOL IN HIS OR HER BLOOD AT THE TIME OF HUNTING OR 14 TAKING OF GAME, FURBEARERS OR WILDLIFE OR THE AIDING, 15 ABETTING, ASSISTING OR CONSPIRING TO HUNT OR TAKE GAME, 16 FURBEARERS OR WILDLIFE IF THE AMOUNT OF ALCOHOL BY WEIGHT 17 IN THE BLOOD OF THE PERSON IS EQUAL TO OR GREATER THAN 18 [0.10%] 0.08% AT THE TIME A CHEMICAL TEST IS PERFORMED ON 19 A SAMPLE OF THE PERSON'S BREATH, BLOOD OR URINE; OR 20 * * * 21 (B) PENALTY.-- 22 (1) A VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL 23 BE A SUMMARY OFFENSE IF THE AMOUNT OF ALCOHOL BY WEIGHT IN 24 THE BLOOD OF THE INDIVIDUAL IS AT LEAST 0.08% BUT LESS THAN 25 0.10%. 26 (2) A VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL 27 BE A MISDEMEANOR OF THE THIRD DEGREE IF THE AMOUNT OF ALCOHOL 28 BY WEIGHT IN THE BLOOD OF THE INDIVIDUAL IS AT LEAST 0.10%. 29 (3) IN ADDITION TO ANY PENALTY, THE VIOLATOR SHALL BE 30 DENIED THE RIGHT TO HUNT OR TRAP IN THIS COMMONWEALTH, WITH 20030S0008B1078 - 10 -
1 OR WITHOUT A LICENSE, FOR A PERIOD OF ONE YEAR. 2 * * * 3 § 2502. CHEMICAL TEST TO DETERMINE AMOUNT OF ALCOHOL. 4 * * * 5 (D) PRESUMPTIONS FROM AMOUNT OF ALCOHOL.--IF CHEMICAL 6 ANALYSIS OF A PERSON'S BREATH, BLOOD OR URINE SHOWS: 7 * * * 8 (2) THAT THE AMOUNT OF ALCOHOL BY WEIGHT IN THE BLOOD OF 9 THE PERSON TESTED IS IN EXCESS OF 0.05% BUT LESS THAN [0.10%] 10 0.08%, THIS FACT SHALL NOT GIVE RISE TO ANY PRESUMPTION THAT 11 THE PERSON TESTED WAS OR WAS NOT UNDER THE INFLUENCE OF 12 ALCOHOL, BUT THIS FACT MAY BE CONSIDERED WITH OTHER COMPETENT 13 EVIDENCE IN DETERMINING WHETHER THE PERSON WAS OR WAS NOT 14 UNDER THE INFLUENCE OF ALCOHOL. 15 (3) THAT THE AMOUNT OF ALCOHOL BY WEIGHT IN THE BLOOD OF 16 THE PERSON TESTED IS [0.10%] 0.08% OR MORE, IT SHALL BE 17 PRESUMED THAT THE DEFENDANT WAS UNDER THE INFLUENCE OF 18 ALCOHOL. 19 * * * 20 SECTION 6. SECTIONS 933(A)(1)(II), 1515(A)(5), 1725.3(A), 21 3571(B)(4) AND 3573(B)(3) OF TITLE 42 ARE AMENDED TO READ: 22 § 933. APPEALS FROM GOVERNMENT AGENCIES. 23 (A) GENERAL RULE.--EXCEPT AS OTHERWISE PRESCRIBED BY ANY 24 GENERAL RULE ADOPTED PURSUANT TO SECTION 503 (RELATING TO 25 REASSIGNMENT OF MATTERS), EACH COURT OF COMMON PLEAS SHALL HAVE 26 JURISDICTION OF APPEALS FROM FINAL ORDERS OF GOVERNMENT AGENCIES 27 IN THE FOLLOWING CASES: 28 (1) APPEALS FROM COMMONWEALTH AGENCIES IN THE FOLLOWING 29 CASES: 30 * * * 20030S0008B1078 - 11 -
1 (II) DETERMINATIONS OF THE DEPARTMENT OF 2 TRANSPORTATION APPEALABLE UNDER THE FOLLOWING PROVISIONS 3 OF TITLE 75 (RELATING TO VEHICLES): 4 SECTION 1377 (RELATING TO JUDICIAL REVIEW). 5 SECTION 1550 (RELATING TO JUDICIAL REVIEW). 6 SECTION 4724(B) (RELATING TO JUDICIAL REVIEW). 7 SECTION 7303(B) (RELATING TO JUDICIAL REVIEW). 8 SECTION 7503(B) (RELATING TO JUDICIAL REVIEW). 9 EXCEPT AS OTHERWISE PRESCRIBED BY GENERAL RULES, THE 10 VENUE SHALL BE IN THE COUNTY OF THE PRINCIPAL PLACE OF 11 BUSINESS OF ANY SALVOR OR MESSENGER SERVICE, THE LOCATION 12 OF ANY INSPECTION STATION INVOLVED, THE COUNTY WHERE THE 13 ARREST FOR A VIOLATION OF 75 PA.C.S. § [3731] 3802 14 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR 15 CONTROLLED SUBSTANCE) WAS MADE IN APPEALS INVOLVING THE 16 SUSPENSION OF OPERATING PRIVILEGES UNDER 75 PA.C.S. § 17 1547 (RELATING TO CHEMICAL TESTING TO DETERMINE AMOUNT OF 18 ALCOHOL OR CONTROLLED SUBSTANCE) OR THE RESIDENCE OF ANY 19 INDIVIDUAL APPELLANT WHERE THE VENUE IS NOT OTHERWISE 20 FIXED BY THIS SENTENCE. IN THE CASE OF A NONRESIDENT 21 INDIVIDUAL VENUE, EXCEPT AS OTHERWISE PRESCRIBED BY 22 GENERAL RULES, SHALL BE IN THE COUNTY IN WHICH THE 23 OFFENSE GIVING RISE TO THE RECALL, CANCELLATION, 24 SUSPENSION OR REVOCATION OF OPERATING PRIVILEGES 25 OCCURRED. 26 * * * 27 § 1515. JURISDICTION AND VENUE. 28 (A) JURISDICTION.--EXCEPT AS OTHERWISE PRESCRIBED BY GENERAL 29 RULE ADOPTED PURSUANT TO SECTION 503 (RELATING TO REASSIGNMENT 30 OF MATTERS), DISTRICT JUSTICES SHALL, UNDER PROCEDURES 20030S0008B1078 - 12 -
1 PRESCRIBED BY GENERAL RULE, HAVE JURISDICTION OF ALL OF THE 2 FOLLOWING MATTERS: 3 * * * 4 (5) OFFENSES UNDER 75 PA.C.S. § [3731] 3802 (RELATING TO 5 DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE), 6 IF THE FOLLOWING CRITERIA ARE MET: 7 (I) THE OFFENSE IS THE FIRST OFFENSE BY THE 8 DEFENDANT UNDER SUCH PROVISION IN THIS COMMONWEALTH. 9 (II) NO PERSONAL INJURY (OTHER THAN TO THE DEFENDANT 10 [OR THE IMMEDIATE FAMILY OF THE DEFENDANT]) RESULTED FROM 11 THE OFFENSE. 12 (III) THE DEFENDANT PLEADS GUILTY. 13 (IV) NO PROPERTY DAMAGE IN EXCESS OF $500 OTHER THAN 14 TO THE DEFENDANT'S PROPERTY RESULTED FROM THE VIOLATION. 15 (V) THE DEFENDANT IS NOT SUBJECT TO THE PROVISIONS 16 OF CHAPTER 63 (RELATING TO JUVENILE MATTERS). 17 (VI) THE ARRESTING AUTHORITY SHALL CAUSE TO BE 18 TRANSMITTED A COPY OF THE CHARGE OF ANY VIOLATION OF 75 19 PA.C.S. § [3731] 3802 TO THE OFFICE OF THE CLERK OF THE 20 COURT OF COMMON PLEAS WITHIN FIVE DAYS AFTER THE 21 PRELIMINARY ARRAIGNMENT. 22 IN DETERMINING THAT THE ABOVE CRITERIA ARE MET THE DISTRICT 23 JUSTICE SHALL RELY ON THE CERTIFICATION OF THE ARRESTING 24 AUTHORITY. CERTIFICATION THAT THE CRITERIA ARE MET NEED NOT 25 BE IN WRITING. WITHIN TEN DAYS AFTER THE DISPOSITION, THE 26 DISTRICT JUSTICE SHALL CERTIFY THE DISPOSITION TO THE OFFICE 27 OF THE CLERK OF THE COURT OF COMMON PLEAS IN WRITING. 28 * * * 29 § 1725.3. CRIMINAL LABORATORY USER FEE. 30 (A) IMPOSITION.--A PERSON WHO IS PLACED ON PROBATION WITHOUT 20030S0008B1078 - 13 -
1 VERDICT PURSUANT TO SECTION 17 OF THE ACT OF APRIL 14, 1972 2 (P.L.233, NO.64), KNOWN AS THE CONTROLLED SUBSTANCE, DRUG, 3 DEVICE AND COSMETIC ACT, OR WHO RECEIVES ACCELERATED 4 REHABILITATIVE DISPOSITION OR WHO PLEADS GUILTY TO OR NOLO 5 CONTENDERE TO OR WHO IS CONVICTED OF A CRIME AS DEFINED IN 18 6 PA.C.S. § 106 (RELATING TO CLASSES OF OFFENSES) OR 75 PA.C.S. § 7 [3731] 3802 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR 8 CONTROLLED SUBSTANCE) OR 3735 (RELATING TO HOMICIDE BY VEHICLE 9 WHILE DRIVING UNDER INFLUENCE) OR A VIOLATION OF THE CONTROLLED 10 SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT SHALL, IN ADDITION TO 11 ANY FINES, PENALTIES OR COSTS, IN EVERY CASE WHERE LABORATORY 12 SERVICES WERE REQUIRED TO PROSECUTE THE CRIME OR VIOLATION, BE 13 SENTENCED TO PAY A CRIMINAL LABORATORY USER FEE WHICH SHALL 14 INCLUDE, BUT NOT BE LIMITED TO, THE COST OF SENDING A LABORATORY 15 TECHNICIAN TO COURT PROCEEDINGS. 16 * * * 17 § 3571. COMMONWEALTH PORTION OF FINES, ETC. 18 * * * 19 (B) VEHICLE OFFENSES.-- 20 * * * 21 (4) WHEN PROSECUTION UNDER 75 PA.C.S. § [3731] 3802 22 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED 23 SUBSTANCE) IS THE RESULT OF STATE POLICE ACTION, 50% OF ALL 24 FINES, FORFEITED RECOGNIZANCES AND OTHER FORFEITURES IMPOSED, 25 LOST OR FORFEITED SHALL BE PAYABLE TO THE COMMONWEALTH, FOR 26 CREDIT TO THE MOTOR LICENSE FUND, AND 50% SHALL BE PAYABLE TO 27 THE COUNTY WHICH SHALL BE FURTHER DIVIDED AS FOLLOWS: 28 (I) FIFTY PERCENT OF THE MONEYS RECEIVED SHALL BE 29 ALLOCATED TO THE APPROPRIATE COUNTY AUTHORITY WHICH 30 IMPLEMENTS THE COUNTY DRUG AND ALCOHOL PROGRAM TO BE USED 20030S0008B1078 - 14 -
1 SOLELY FOR THE PURPOSES OF AIDING PROGRAMS PROMOTING DRUG 2 ABUSE AND ALCOHOLISM PREVENTION, EDUCATION, TREATMENT AND 3 RESEARCH. PROGRAMS UNDER THIS SUBPARAGRAPH INCLUDE 4 PROJECT DARE (DRUG AND ALCOHOL RESISTANCE EDUCATION) AND 5 MOTHERS AGAINST DRUNK DRIVING VICTIM IMPACT PANELS. 6 (II) FIFTY PERCENT OF THE MONEYS RECEIVED SHALL BE 7 USED FOR EXPENDITURES INCURRED FOR COUNTY JAILS, PRISONS, 8 WORKHOUSES AND DETENTION CENTERS. 9 * * * 10 § 3573. MUNICIPAL CORPORATION PORTION OF FINES, ETC. 11 * * * 12 (B) VEHICLE OFFENSES.-- 13 * * * 14 (3) WHEN PROSECUTION UNDER 75 PA.C.S. § [3731] 3802 15 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED 16 SUBSTANCE) IS THE RESULT OF LOCAL POLICE ACTION, 50% OF ALL 17 FINES, FORFEITED RECOGNIZANCES AND OTHER FORFEITURES IMPOSED, 18 LOST OR FORFEITED SHALL BE PAYABLE TO THE MUNICIPAL 19 CORPORATION UNDER WHICH THE LOCAL POLICE ARE ORGANIZED, AND 20 50% SHALL BE PAYABLE TO THE COUNTY WHICH SHALL BE FURTHER 21 DIVIDED AS FOLLOWS: 22 (I) FIFTY PERCENT OF THE MONEYS RECEIVED SHALL BE 23 ALLOCATED TO THE APPROPRIATE COUNTY AUTHORITY WHICH 24 IMPLEMENTS THE COUNTY DRUG AND ALCOHOL PROGRAM TO BE USED 25 SOLELY FOR THE PURPOSES OF AIDING PROGRAMS PROMOTING DRUG 26 ABUSE AND ALCOHOLISM PREVENTION, EDUCATION, TREATMENT AND 27 RESEARCH. PROGRAMS UNDER THIS SUBPARAGRAPH INCLUDE 28 PROJECT DARE (DRUG AND ALCOHOL RESISTANCE EDUCATION) AND 29 MOTHERS AGAINST DRUNK DRIVING VICTIM IMPACT PANELS. 30 (II) FIFTY PERCENT OF THE MONEYS RECEIVED SHALL BE 20030S0008B1078 - 15 -
1 USED FOR EXPENDITURES INCURRED FOR COUNTY JAILS, PRISONS, 2 WORKHOUSES AND DETENTION CENTERS. 3 * * * 4 SECTION 7. CHAPTER 70 OF TITLE 42 IS REPEALED. 5 SECTION 8. SECTION 9763(C) OF TITLE 42 IS AMENDED TO READ: 6 § 9763. SENTENCE OF INTERMEDIATE PUNISHMENT. 7 * * * 8 (C) RESTRICTION.-- 9 (1) A DEFENDANT [CONVICTED UNDER] SUBJECT TO 75 PA.C.S. 10 § [3731(E) (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR 11 CONTROLLED SUBSTANCE)] 3804 (RELATING TO PENALTIES) MAY ONLY 12 BE SENTENCED TO INTERMEDIATE PUNISHMENT: 13 [(1) IN A RESIDENTIAL INPATIENT PROGRAM OR IN A 14 RESIDENTIAL REHABILITATIVE CENTER; OR 15 (2) BY HOUSE ARREST OR ELECTRONIC SURVEILLANCE COMBINED 16 WITH DRUG AND ALCOHOL TREATMENT.] 17 (I) FOR A FIRST, SECOND OR THIRD OFFENSE UNDER 75 18 PA.C.S CH. 38 (RELATING TO DRIVING WHILE IMPAIRED); AND 19 (II) AFTER UNDERGOING AN ASSESSMENT UNDER 75 PA.C.S. 20 § 3814 (RELATING TO DRUG AND ALCOHOL ASSESSMENTS). 21 (2) IF THE DEFENDANT IS DETERMINED TO BE IN NEED OF DRUG 22 AND ALCOHOL TREATMENT, THE DEFENDANT MAY ONLY BE SENTENCED TO 23 INTERMEDIATE PUNISHMENT WHICH INCLUDES PARTICIPATION IN DRUG 24 AND ALCOHOL TREATMENT UNDER 75 PA.C.S. § 3815(C) (RELATING TO 25 MANDATORY SENTENCING). SUCH TREATMENT MAY BE COMBINED WITH 26 HOUSE ARREST WITH ELECTRONIC SURVEILLANCE OR A PARTIAL 27 CONFINEMENT PROGRAM, SUCH AS WORK RELEASE, A WORK CAMP OR A 28 HALFWAY FACILITY. 29 (3) IF THE DEFENDANT IS DETERMINED NOT TO BE IN NEED OF 30 DRUG AND ALCOHOL TREATMENT, THE DEFENDANT MAY ONLY BE 20030S0008B1078 - 16 -
1 SENTENCED TO INTERMEDIATE PUNISHMENT: 2 (I) BY HOUSE ARREST OR ELECTRONIC SURVEILLANCE; 3 (II) PARTIAL CONFINEMENT PROGRAMS, SUCH AS WORK 4 RELEASE, WORK CAMPS AND HALFWAY FACILITIES; OR 5 (III) ANY COMBINATION OF THE PROGRAMS SET FORTH IN 6 THIS SUBSECTION. 7 * * * 8 SECTION 8.1. SECTION 9804(B)(3) OF TITLE 42 IS AMENDED AND 9 THE SUBSECTION IS AMENDED BY ADDING PARAGRAPHS TO READ: 10 § 9804. COUNTY INTERMEDIATE PUNISHMENT PROGRAMS. 11 * * * 12 (B) ELIGIBILITY.-- 13 * * * 14 [(3) ANY PERSON RECEIVING A PENALTY IMPOSED PURSUANT TO 15 75 PA.C.S. § 1543(B) (RELATING TO DRIVING WHILE OPERATING 16 PRIVILEGE IS SUSPENDED OR REVOKED) OR 3731(E) (RELATING TO 17 DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE) 18 MAY ONLY BE SENTENCED TO INTERMEDIATE PUNISHMENT PROGRAM IN: 19 (I) A RESIDENTIAL INPATIENT PROGRAM OR A RESIDENTIAL 20 REHABILITATIVE CENTER; 21 (II) HOUSE ARREST AND ELECTRONIC SURVEILLANCE 22 COMBINED WITH DRUG AND ALCOHOL TREATMENT; OR 23 (III) PARTIAL CONFINEMENT PROGRAMS, SUCH AS WORK 24 RELEASE, WORK CAMPS AND HALFWAY FACILITIES, COMBINED WITH 25 DRUG AND ALCOHOL TREATMENT.] 26 (4) (I) ANY PERSON RECEIVING A PENALTY IMPOSED PURSUANT 27 TO 75 PA.C.S. § 1543(B) (RELATING TO DRIVING WHILE 28 OPERATING PRIVILEGE IS SUSPENDED OR REVOKED) OR 3804 29 (RELATING TO PENALTIES) SHALL UNDERGO AN ASSESSMENT UNDER 30 75 PA.C.S. § 3814 (RELATING TO DRUG AND ALCOHOL 20030S0008B1078 - 17 -
1 ASSESSMENTS). 2 (II) IF THE DEFENDANT IS DETERMINED TO BE IN NEED OF 3 DRUG AND ALCOHOL TREATMENT, A SENTENCE TO INTERMEDIATE 4 PUNISHMENT SHALL INCLUDE PARTICIPATION IN DRUG AND 5 ALCOHOL TREATMENT UNDER 75 PA.C.S. § 3815(C) (RELATING TO 6 MANDATORY SENTENCING). SUCH TREATMENT MAY BE COMBINED 7 WITH HOUSE ARREST WITH ELECTRONIC SURVEILLANCE OR A 8 PARTIAL CONFINEMENT PROGRAM, SUCH AS WORK RELEASE, A WORK 9 CAMP OR A HALFWAY FACILITY. 10 (III) IF THE DEFENDANT IS DETERMINED NOT TO BE IN 11 NEED OF DRUG AND ALCOHOL TREATMENT, THE DEFENDANT MAY 12 ONLY BE SENTENCED TO INTERMEDIATE PUNISHMENT PROGRAM IN: 13 (A) HOUSE ARREST AND ELECTRONIC SURVEILLANCE; 14 (B) PARTIAL CONFINEMENT PROGRAMS, SUCH AS WORK 15 RELEASE, WORK CAMPS AND HALFWAY FACILITIES; OR 16 (C) ANY COMBINATION OF THE PROGRAMS SET FORTH IN 17 THIS PARAGRAPH. 18 (5) A DEFENDANT SUBJECT TO 75 PA.C.S § 3804 (RELATING TO 19 PENALTIES) MAY ONLY BE SENTENCED TO INTERMEDIATE PUNISHMENT 20 FOR A FIRST, SECOND OR THIRD OFFENSE UNDER 75 PA.C.S. CH. 38 21 (RELATING TO DRIVING WHILE IMPAIRED). 22 SECTION 9. SECTION 1332(B) OF TITLE 75 IS AMENDED AND THE 23 SECTION IS AMENDED BY ADDING A SUBSECTION TO READ: 24 § 1332. DISPLAY OF REGISTRATION PLATE. 25 * * * 26 (B) OBSCURING PLATE.--IT IS UNLAWFUL TO DISPLAY ON ANY 27 VEHICLE A REGISTRATION PLATE WHICH: 28 (1) IS SO DIRTY AS TO PREVENT THE READING OF THE NUMBER 29 OR LETTERS THEREON AT A REASONABLE DISTANCE [OR]; 30 (2) IS OBSCURED IN ANY MANNER WHICH INHIBITS THE PROPER 20030S0008B1078 - 18 -
1 OPERATION OF AN AUTOMATED RED LIGHT ENFORCEMENT SYSTEM IN 2 PLACE PURSUANT TO SECTION 3116 (RELATING TO AUTOMATED RED 3 LIGHT ENFORCEMENT SYSTEM IN FIRST CLASS CITIES); OR 4 (3) IS OTHERWISE ILLEGIBLE AT A REASONABLE DISTANCE OR 5 IS OBSCURED IN ANY MANNER. 6 (C) PENALTY.--ANY PERSON WHO VIOLATES THIS SECTION COMMITS A 7 SUMMARY OFFENSE AND SHALL, UPON CONVICTION, BE SENTENCED TO PAY 8 A FINE OF $100 FOR THE FIRST OFFENSE AND $200 FOR EACH 9 SUBSEQUENT OFFENSE. 10 SECTION 10. SECTIONS 1516(C) AND (D) AND 1532(B)(3) OF TITLE 11 75 ARE AMENDED TO READ: 12 § 1516. DEPARTMENT RECORDS. 13 * * * 14 (C) DISMISSAL OF CHARGES FOR VIOLATIONS.--IF A CHARGE FOR 15 VIOLATION OF ANY OF THE PROVISIONS OF THIS TITLE AGAINST ANY 16 PERSON IS DISMISSED WHERE THERE HAVE BEEN NO PRIOR CONVICTIONS 17 BY ANY COURT OF COMPETENT JURISDICTION, NO RECORD OF THE CHARGE 18 AND DISMISSAL SHALL BE INCLUDED IN THE DRIVING RECORD OF THE 19 PERSON. IF THE PERSON HAS BEEN PREVIOUSLY CONVICTED OF THE 20 CHARGE AND SUSPENSION WAS IMPOSED BY THE DEPARTMENT, WHICH 21 SUSPENSION WAS EITHER PARTIALLY OR FULLY SERVED, THE DEPARTMENT 22 MAY KEEP A RECORD OF THE OFFENSE FOR THE PURPOSE OF SHOWING THE 23 SUSPENSION WAS IMPOSED AGAINST THE PERSON[.], BUT THE OFFENSE 24 SHALL NOT BE USED FOR THE PURPOSE OF CALCULATING THE REQUISITE 25 NUMBER OF OFFENSES UNDER SECTION 1542 (RELATING TO REVOCATION OF 26 HABITUAL OFFENDER'S LICENSE). IN ADDITION, THE DEPARTMENT MAY 27 KEEP RECORDS OF CHARGES THAT HAVE BEEN FILED WITH THE COURTS IN 28 ORDER TO DETERMINE A PERSON'S ELIGIBILITY FOR A PROBATIONARY 29 LICENSE UNDER THE PROVISIONS OF SECTION 1554(B)(3) (RELATING TO 30 PROBATIONARY LICENSE). ALL RECORDS MAINTAINED PURSUANT TO THIS 20030S0008B1078 - 19 -
1 SUBSECTION SHALL BE MAINTAINED FOR ADMINISTRATIVE AND LAW 2 ENFORCEMENT USE ONLY AND SHALL NOT BE RELEASED FOR ANY OTHER 3 PURPOSE. 4 (D) UPDATING DRIVING RECORD.--DRIVERS WISHING TO HAVE THEIR 5 RECORD REVIEWED BY THE DEPARTMENT MAY MAKE SUCH A REQUEST IN 6 ORDER THAT THE RECORD BE BROUGHT UP TO DATE. IN UPDATING 7 RECORDS, THE DEPARTMENT SHALL INCLUDE RECALCULATION OF 8 SUSPENSION OR REVOCATION SEGMENTS AND THE ASSIGNMENT AND 9 CREDITING OF ANY SUSPENSION OR REVOCATION TIME PREVIOUSLY 10 ASSIGNED OR CREDITED TOWARD A SUSPENSION OR REVOCATION WHICH 11 RESULTED FROM A CONVICTION WHICH HAS BEEN VACATED, OVERTURNED, 12 DISMISSED OR WITHDRAWN. ANY FULLY OR PARTIALLY SERVED SUSPENSION 13 OR REVOCATION TIME MAY ONLY BE REASSIGNED OR CREDITED TOWARD A 14 SUSPENSION OR REVOCATION SEGMENT PROCESSED ON THE DRIVER'S 15 RECORD AS OF THE ACTUAL COMMENCEMENT DATE OF THE FULLY OR 16 PARTIALLY SERVED SUSPENSION OR REVOCATION TIME. 17 § 1532. SUSPENSION OF OPERATING PRIVILEGE. 18 * * * 19 (B) SUSPENSION.-- 20 * * * 21 (3) THE DEPARTMENT SHALL SUSPEND THE OPERATING PRIVILEGE 22 OF ANY DRIVER FOR 12 MONTHS UPON RECEIVING A CERTIFIED RECORD 23 OF THE DRIVER'S CONVICTION OF SECTION [3731 (RELATING TO 24 DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE) 25 OR] 3733 (RELATING TO FLEEING OR ATTEMPTING TO ELUDE POLICE 26 OFFICER)[,] OR A SUBSTANTIALLY SIMILAR [OFFENSES] OFFENSE 27 REPORTED TO THE DEPARTMENT UNDER ARTICLE III OF SECTION 1581 28 (RELATING TO DRIVER'S LICENSE COMPACT), OR AN ADJUDICATION OF 29 DELINQUENCY BASED ON SECTION [3731 OR] 3733. THE DEPARTMENT 30 SHALL SUSPEND THE OPERATING PRIVILEGE OF ANY DRIVER FOR SIX 20030S0008B1078 - 20 -
1 MONTHS UPON RECEIVING A CERTIFIED RECORD OF A CONSENT DECREE 2 GRANTED UNDER 42 PA.C.S. CH. 63 (RELATING TO JUVENILE 3 MATTERS) BASED ON SECTION [3731 OR] 3733. 4 * * * 5 SECTION 11. SECTION 1534(B) OF TITLE 75 IS AMENDED AND THE 6 SECTION IS AMENDED BY ADDING SUBSECTIONS TO READ: 7 § 1534. NOTICE OF ACCEPTANCE OF ACCELERATED REHABILITATIVE 8 DISPOSITION. 9 * * * 10 (B) EXCEPTION.--IF A PERSON IS ARRESTED FOR ANY OFFENSE 11 ENUMERATED IN SECTION [3731] 3802 (RELATING TO DRIVING UNDER 12 INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE) AND IS OFFERED AND 13 ACCEPTS ACCELERATED REHABILITATIVE DISPOSITION UNDER GENERAL 14 RULES, THE COURT SHALL PROMPTLY NOTIFY THE DEPARTMENT. THE 15 DEPARTMENT SHALL MAINTAIN A RECORD OF THE ACCEPTANCE OF 16 ACCELERATED REHABILITATIVE DISPOSITION FOR A PERIOD OF [SEVEN] 17 TEN YEARS FROM THE DATE OF NOTIFICATION. THIS RECORD SHALL NOT 18 BE EXPUNGED [BY ORDER OF COURT.] PRIOR TO THE EXPIRATION OF THE 19 TEN-YEAR PERIOD. 20 (C) EXPUNGEMENT.--IMMEDIATELY FOLLOWING THE EXPIRATION OF 21 THE TEN-YEAR PERIOD, THE DEPARTMENT SHALL EXPUNGE THE RECORD OF 22 THE ACCEPTANCE OF ACCELERATED REHABILITATIVE DISPOSITION. THE 23 DEPARTMENT SHALL NOT REQUIRE AN ORDER OF COURT TO EXPUNGE THE 24 RECORD. 25 (D) EXCEPTIONS TO EXPUNGEMENT.--THE DEPARTMENT SHALL NOT BE 26 REQUIRED TO EXPUNGE THE RECORD OF ACCEPTANCE OF ACCELERATED 27 REHABILITATIVE DISPOSITION IF: 28 (1) DURING THE TEN-YEAR PERIOD, THE DEPARTMENT REVOKES 29 THE OPERATING PRIVILEGES OF A PERSON PURSUANT TO SECTION 1542 30 (RELATING TO REVOCATION OF HABITUAL OFFENDER'S LICENSE); OR 20030S0008B1078 - 21 -
1 (2) THE PERSON WAS A COMMERCIAL DRIVER AT THE TIME OF 2 THE VIOLATION CAUSING THE DISPOSITION. 3 SECTION 12. SECTIONS 1541(A.1) AND (D), 1542(B), 1543(B) AND 4 1547(B)(1), (C), (D), (E) AND (I) OF TITLE 75 ARE AMENDED TO 5 READ: 6 § 1541. PERIOD OF DISQUALIFICATION, REVOCATION OR SUSPENSION OF 7 OPERATING PRIVILEGE. 8 * * * 9 (A.1) CREDIT TOWARD SERVING PERIOD OF SUSPENSION FOR CERTAIN 10 VIOLATIONS.--CREDIT TOWARD SERVING THE PERIOD OF SUSPENSION OR 11 REVOCATION IMPOSED FOR SECTIONS [3731 (RELATING TO DRIVING UNDER 12 INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE),] 3732 (RELATING 13 TO HOMICIDE BY VEHICLE), 3735 (RELATING TO HOMICIDE BY VEHICLE 14 WHILE DRIVING UNDER THE INFLUENCE) [AND], 3735.1 (RELATING TO 15 AGGRAVATED ASSAULT BY VEHICLE WHILE DRIVING UNDER THE INFLUENCE) 16 AND 3802 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR 17 CONTROLLED SUBSTANCE) SHALL NOT COMMENCE UNTIL THE DATE OF THE 18 PERSON'S RELEASE FROM PRISON. 19 * * * 20 (D) CONTINUED SUSPENSION OF OPERATING PRIVILEGE.--A 21 DEFENDANT ORDERED BY THE COURT UNDER SECTION [1548] 3816 22 (RELATING TO REQUIREMENTS FOR DRIVING UNDER INFLUENCE 23 OFFENDERS), AS THE RESULT OF A CONVICTION OR ACCELERATED 24 REHABILITATIVE DISPOSITION OF A VIOLATION OF SECTION [3731 25 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED 26 SUBSTANCE)] 3802, TO ATTEND A TREATMENT PROGRAM FOR ALCOHOL OR 27 DRUG ADDICTION MUST SUCCESSFULLY COMPLETE ALL REQUIREMENTS OF 28 THE TREATMENT PROGRAM ORDERED BY THE COURT BEFORE THE 29 DEFENDANT'S OPERATING PRIVILEGE MAY BE RESTORED. SUCCESSFUL 30 COMPLETION OF A TREATMENT PROGRAM INCLUDES THE PAYMENT OF ALL 20030S0008B1078 - 22 -
1 COURT-IMPOSED FINES AND COSTS, AS WELL AS FEES TO BE PAID TO THE 2 TREATMENT PROGRAM BY THE DEFENDANT. IF A DEFENDANT FAILS TO 3 SUCCESSFULLY COMPLETE THE REQUIREMENTS OF A TREATMENT PROGRAM, 4 THE SUSPENSION SHALL REMAIN IN EFFECT UNTIL THE DEFENDANT 5 COMPLETES THE PROGRAM AND IS OTHERWISE ELIGIBLE FOR RESTORATION 6 OF HIS OPERATING PRIVILEGE. THE TREATMENT AGENCY SHALL 7 IMMEDIATELY NOTIFY THE COURT OF SUCCESSFUL COMPLETION OF THE 8 TREATMENT PROGRAM. THE FINAL DECISION AS TO WHETHER A DEFENDANT 9 HAS SUCCESSFULLY COMPLETED THE TREATMENT PROGRAM RESTS WITH THE 10 COURT. 11 § 1542. REVOCATION OF HABITUAL OFFENDER'S LICENSE. 12 * * * 13 (B) OFFENSES ENUMERATED.--THREE CONVICTIONS ARISING FROM 14 SEPARATE ACTS OF ANY ONE OR MORE OF THE FOLLOWING OFFENSES 15 COMMITTED BY ANY PERSON SHALL RESULT IN SUCH PERSON BEING 16 DESIGNATED AS A HABITUAL OFFENDER: 17 (1) ANY VIOLATION OF SUBCHAPTER B OF CHAPTER 37 18 (RELATING TO SERIOUS TRAFFIC OFFENSES). 19 (1.1) ANY VIOLATION OF CHAPTER 38 (RELATING TO DRIVING 20 WHILE IMPAIRED). 21 (2) ANY VIOLATION OF SECTION 3367 (RELATING TO RACING ON 22 HIGHWAYS). 23 (3) ANY VIOLATION OF SECTION 3742 (RELATING TO ACCIDENTS 24 INVOLVING DEATH OR PERSONAL INJURY). 25 (3.1) ANY VIOLATION OF SECTION 3742.1 (RELATING TO 26 ACCIDENTS INVOLVING DEATH OR PERSONAL INJURY WHILE NOT 27 PROPERLY LICENSED). 28 (4) ANY VIOLATION OF SECTION 3743 (RELATING TO ACCIDENTS 29 INVOLVING DAMAGE TO ATTENDED VEHICLE OR PROPERTY). 30 * * * 20030S0008B1078 - 23 -
1 § 1543. DRIVING WHILE OPERATING PRIVILEGE IS SUSPENDED OR 2 REVOKED. 3 * * * 4 (B) CERTAIN OFFENSES.-- 5 (1) A PERSON WHO DRIVES A MOTOR VEHICLE ON A HIGHWAY OR 6 TRAFFICWAY OF THIS COMMONWEALTH AT A TIME WHEN THE PERSON'S 7 OPERATING PRIVILEGE IS SUSPENDED OR REVOKED AS A CONDITION OF 8 ACCEPTANCE OF ACCELERATED REHABILITATIVE DISPOSITION FOR A 9 VIOLATION OF SECTION [3731] 3802 (RELATING TO DRIVING UNDER 10 INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE) OR BECAUSE OF A 11 VIOLATION OF SECTION 1547(B)(1) (RELATING TO SUSPENSION FOR 12 REFUSAL) OR [3731] 3802 OR IS SUSPENDED UNDER SECTION 1581 13 (RELATING TO DRIVER'S LICENSE COMPACT) FOR AN OFFENSE 14 SUBSTANTIALLY SIMILAR TO A VIOLATION OF SECTION [3731] 3802 15 SHALL, UPON CONVICTION, BE GUILTY OF A SUMMARY OFFENSE AND 16 SHALL BE SENTENCED TO PAY A FINE OF [$1,000] $500 AND TO 17 UNDERGO IMPRISONMENT FOR A PERIOD OF NOT LESS THAN [90] 60 18 DAYS. 19 (1.1) (I) A PERSON WHO HAS AN AMOUNT OF ALCOHOL BY 20 WEIGHT IN HIS BLOOD THAT IS EQUAL TO OR GREATER THAN .02% 21 OR [IS UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE AS 22 DEFINED IN SECTION 1603 (RELATING TO DEFINITIONS)] WHO 23 HAS ANY AMOUNT OF A SCHEDULE I, II OR III CONTROLLED 24 SUBSTANCE, AS DEFINED IN THE ACT OF APRIL 14, 1972 25 (P.L.233, NO.64), KNOWN AS THE CONTROLLED SUBSTANCE, 26 DRUG, DEVICE AND COSMETIC ACT, OR ITS METABOLITE, WHICH 27 HAS NOT BEEN MEDICALLY PRESCRIBED FOR THE INDIVIDUAL AND 28 WHO DRIVES A MOTOR VEHICLE ON ANY HIGHWAY OR TRAFFICWAY 29 OF THIS COMMONWEALTH AT A TIME WHEN THE PERSON'S 30 OPERATING PRIVILEGE IS SUSPENDED OR REVOKED AS A 20030S0008B1078 - 24 -
1 CONDITION OF ACCEPTANCE OF ACCELERATED REHABILITATIVE 2 DISPOSITION FOR A VIOLATION OF SECTION [3731] 3802 OR 3 BECAUSE OF A VIOLATION OF SECTION 1547(B)(1) OR [3731] 4 3802 OR IS SUSPENDED UNDER SECTION 1581 FOR AN OFFENSE 5 SUBSTANTIALLY SIMILAR TO A VIOLATION OF SECTION [3731] 6 3802 SHALL, UPON A FIRST CONVICTION, BE GUILTY OF A 7 SUMMARY OFFENSE AND SHALL BE SENTENCED TO PAY A FINE OF 8 $1,000 AND TO UNDERGO IMPRISONMENT FOR A PERIOD OF NOT 9 LESS THAN 90 DAYS. 10 (II) A SECOND VIOLATION OF THIS PARAGRAPH SHALL 11 CONSTITUTE A MISDEMEANOR OF THE THIRD DEGREE, AND UPON 12 CONVICTION THEREOF THE PERSON SHALL BE SENTENCED TO PAY A 13 FINE OF $2,500 AND TO UNDERGO IMPRISONMENT FOR NOT LESS 14 THAN SIX MONTHS. 15 (III) A THIRD OR SUBSEQUENT VIOLATION OF THIS 16 PARAGRAPH SHALL CONSTITUTE A MISDEMEANOR OF THE FIRST 17 DEGREE, AND UPON CONVICTION THEREOF THE PERSON SHALL BE 18 SENTENCED TO PAY A FINE OF $5,000 AND TO UNDERGO 19 IMPRISONMENT FOR NOT LESS THAN TWO YEARS. 20 (2) THIS SUBSECTION SHALL APPLY TO ANY PERSON AGAINST 21 WHOM ONE OF THESE SUSPENSIONS HAS BEEN IMPOSED WHETHER THE 22 PERSON IS CURRENTLY SERVING THIS SUSPENSION OR WHETHER THE 23 EFFECTIVE DATE OF SUSPENSION HAS BEEN DEFERRED UNDER ANY OF 24 THE PROVISIONS OF SECTION 1544 (RELATING TO ADDITIONAL PERIOD 25 OF REVOCATION OR SUSPENSION). THIS PROVISION SHALL ALSO APPLY 26 UNTIL THE PERSON HAS HAD THE OPERATING PRIVILEGE RESTORED. 27 THIS SUBSECTION SHALL ALSO APPLY TO ANY REVOCATION IMPOSED 28 PURSUANT TO SECTION 1542 (RELATING TO REVOCATION OF HABITUAL 29 OFFENDER'S LICENSE) IF ANY OF THE ENUMERATED OFFENSES WAS FOR 30 A VIOLATION OF SECTION [3731] 3802 OR FOR AN OUT-OF-STATE 20030S0008B1078 - 25 -
1 OFFENSE THAT IS SUBSTANTIALLY SIMILAR TO A VIOLATION OF 2 SECTION [3731] 3802 FOR WHICH A REVOCATION IS IMPOSED UNDER 3 SECTION 1581. 4 * * * 5 § 1547. CHEMICAL TESTING TO DETERMINE AMOUNT OF ALCOHOL OR 6 CONTROLLED SUBSTANCE. 7 * * * 8 (B) SUSPENSION FOR REFUSAL.-- 9 (1) IF ANY PERSON PLACED UNDER ARREST FOR A VIOLATION OF 10 SECTION [3731] 3802 (RELATING TO DRIVING UNDER INFLUENCE OF 11 ALCOHOL OR CONTROLLED SUBSTANCE) IS REQUESTED TO SUBMIT TO 12 CHEMICAL TESTING AND REFUSES TO DO SO, THE TESTING SHALL NOT 13 BE CONDUCTED BUT UPON NOTICE BY THE POLICE OFFICER, THE 14 DEPARTMENT SHALL SUSPEND THE OPERATING PRIVILEGE OF THE 15 PERSON [FOR A PERIOD OF 12 MONTHS.] AS FOLLOWS: 16 (I) EXCEPT AS SET FORTH IN SUBPARAGRAPH (II), FOR A 17 PERIOD OF 12 MONTHS. 18 (II) FOR A PERIOD OF 24 MONTHS IF ANY OF THE 19 FOLLOWING APPLY: 20 (A) THE PERSON'S OPERATING PRIVILEGES HAVE 21 PREVIOUSLY BEEN SUSPENDED UNDER THIS SUBSECTION. 22 (B) THE PERSON HAS, PRIOR TO THE REFUSAL UNDER 23 THIS PARAGRAPH, BEEN SENTENCED FOR: 24 (I) AN OFFENSE UNDER FORMER SECTION 3731; 25 (II) AN OFFENSE UNDER SECTION 3802 (RELATING 26 TO DRIVING UNDER INFLUENCE OF ALCOHOL OR 27 CONTROLLED SUBSTANCE); 28 (III) AN OFFENSE EQUIVALENT TO AN OFFENSE 29 UNDER SUBCLAUSE (I) OR (II); OR 30 (IV) A COMBINATION OF THE OFFENSES SET FORTH 20030S0008B1078 - 26 -
1 IN THIS CLAUSE. 2 * * * 3 (C) TEST RESULTS ADMISSIBLE IN EVIDENCE.--IN ANY SUMMARY 4 PROCEEDING OR CRIMINAL PROCEEDING IN WHICH THE DEFENDANT IS 5 CHARGED WITH A VIOLATION OF SECTION [3731] 3802 OR ANY OTHER 6 VIOLATION OF THIS TITLE ARISING OUT OF THE SAME ACTION, THE 7 AMOUNT OF ALCOHOL OR CONTROLLED SUBSTANCE IN THE DEFENDANT'S 8 BLOOD, AS SHOWN BY CHEMICAL TESTING OF THE PERSON'S BREATH, 9 BLOOD OR URINE, WHICH TESTS WERE CONDUCTED BY QUALIFIED PERSONS 10 USING APPROVED EQUIPMENT, SHALL BE ADMISSIBLE IN EVIDENCE. 11 (1) CHEMICAL TESTS OF BREATH SHALL BE PERFORMED ON 12 DEVICES APPROVED BY THE DEPARTMENT OF HEALTH USING PROCEDURES 13 PRESCRIBED JOINTLY BY REGULATIONS OF THE DEPARTMENTS OF 14 HEALTH AND TRANSPORTATION. DEVICES SHALL HAVE BEEN CALIBRATED 15 AND TESTED FOR ACCURACY WITHIN A PERIOD OF TIME AND IN A 16 MANNER SPECIFIED BY REGULATIONS OF THE DEPARTMENTS OF HEALTH 17 AND TRANSPORTATION. FOR PURPOSES OF BREATH TESTING, A 18 QUALIFIED PERSON MEANS A PERSON WHO HAS FULFILLED THE 19 TRAINING REQUIREMENT IN THE USE OF THE EQUIPMENT IN A 20 TRAINING PROGRAM APPROVED BY THE DEPARTMENTS OF HEALTH AND 21 TRANSPORTATION. A CERTIFICATE OR LOG SHOWING THAT A DEVICE 22 WAS CALIBRATED AND TESTED FOR ACCURACY AND THAT THE DEVICE 23 WAS ACCURATE SHALL BE PRESUMPTIVE EVIDENCE OF THOSE FACTS IN 24 EVERY PROCEEDING IN WHICH A VIOLATION OF THIS TITLE IS 25 CHARGED. 26 (2) CHEMICAL TESTS OF BLOOD OR URINE, IF CONDUCTED BY A 27 FACILITY LOCATED IN THIS COMMONWEALTH, SHALL BE PERFORMED BY 28 A CLINICAL LABORATORY LICENSED AND APPROVED BY THE DEPARTMENT 29 OF HEALTH FOR THIS PURPOSE USING PROCEDURES AND EQUIPMENT 30 PRESCRIBED BY THE DEPARTMENT OF HEALTH OR BY A PENNSYLVANIA 20030S0008B1078 - 27 -
1 STATE POLICE CRIMINAL LABORATORY. FOR PURPOSES OF BLOOD AND 2 URINE TESTING, QUALIFIED PERSON MEANS AN INDIVIDUAL WHO IS 3 AUTHORIZED TO PERFORM THOSE CHEMICAL TESTS UNDER THE ACT OF 4 SEPTEMBER 26, 1951 (P.L.1539, NO.389), KNOWN AS THE CLINICAL 5 LABORATORY ACT. 6 (3) CHEMICAL TESTS OF BLOOD OR URINE, IF CONDUCTED BY A 7 FACILITY LOCATED OUTSIDE THIS COMMONWEALTH, SHALL BE 8 PERFORMED: 9 (I) BY A FACILITY LICENSED BY THE DEPARTMENT OF 10 HEALTH; OR 11 (II) BY A FACILITY LICENSED TO CONDUCT THE TESTS BY 12 THE STATE IN WHICH THE FACILITY IS LOCATED AND LICENSED 13 PURSUANT TO THE CLINICAL LABORATORY IMPROVEMENT 14 AMENDMENTS OF 1988 (PUBLIC LAW 100-578, 102 STAT. 2903). 15 [(D) PRESUMPTIONS FROM AMOUNT OF ALCOHOL.--IF CHEMICAL 16 TESTING OF A PERSON'S BREATH, BLOOD OR URINE SHOWS: 17 (1) THAT THE AMOUNT OF ALCOHOL BY WEIGHT IN THE BLOOD OF 18 AN ADULT IS 0.05% OR LESS, IT SHALL BE PRESUMED THAT THE 19 ADULT WAS NOT UNDER THE INFLUENCE OF ALCOHOL AND THE ADULT 20 SHALL NOT BE CHARGED WITH ANY VIOLATION UNDER SECTION 21 3731(A)(1), (4) OR (5) (RELATING TO DRIVING UNDER INFLUENCE 22 OF ALCOHOL OR CONTROLLED SUBSTANCE), OR, IF THE ADULT WAS SO 23 CHARGED PRIOR TO THE TEST, THE CHARGE SHALL BE VOID AB 24 INITIO. THIS FACT SHALL NOT GIVE RISE TO ANY PRESUMPTION 25 CONCERNING A VIOLATION OF SECTION 3731(A)(2) OR (3) OR (I). 26 (2) THAT THE AMOUNT OF ALCOHOL BY WEIGHT IN THE BLOOD OF 27 AN ADULT IS IN EXCESS OF 0.05% BUT LESS THAN 0.10%, THIS FACT 28 SHALL NOT GIVE RISE TO ANY PRESUMPTION THAT THE ADULT WAS OR 29 WAS NOT UNDER THE INFLUENCE OF ALCOHOL, BUT THIS FACT MAY BE 30 CONSIDERED WITH OTHER COMPETENT EVIDENCE IN DETERMINING 20030S0008B1078 - 28 -
1 WHETHER THE ADULT WAS OR WAS NOT UNDER THE INFLUENCE OF 2 ALCOHOL. THIS PROVISION SHALL NOT NEGATE THE PROVISIONS OF 3 SECTION 3731(I). 4 (3) THAT THE AMOUNT OF ALCOHOL BY WEIGHT IN THE BLOOD 5 OF: 6 (I) AN ADULT IS 0.10% OR MORE; OR 7 (II) A MINOR IS 0.02% OR MORE, 8 THIS FACT MAY BE INTRODUCED INTO EVIDENCE IF THE PERSON IS 9 CHARGED WITH VIOLATING SECTION 3731.] 10 (E) REFUSAL ADMISSIBLE IN EVIDENCE.--IN ANY SUMMARY 11 PROCEEDING OR CRIMINAL PROCEEDING IN WHICH THE DEFENDANT IS 12 CHARGED WITH A VIOLATION OF SECTION [3731] 3802 OR ANY OTHER 13 VIOLATION OF THIS TITLE ARISING OUT OF THE SAME ACTION, THE FACT 14 THAT THE DEFENDANT REFUSED TO SUBMIT TO CHEMICAL TESTING AS 15 REQUIRED BY SUBSECTION (A) MAY BE INTRODUCED IN EVIDENCE ALONG 16 WITH OTHER TESTIMONY CONCERNING THE CIRCUMSTANCES OF THE 17 REFUSAL. NO PRESUMPTIONS SHALL ARISE FROM THIS EVIDENCE BUT IT 18 MAY BE CONSIDERED ALONG WITH OTHER FACTORS CONCERNING THE 19 CHARGE. 20 * * * 21 (I) REQUEST BY DRIVER FOR TEST.--ANY PERSON INVOLVED IN AN 22 ACCIDENT OR PLACED UNDER ARREST FOR A VIOLATION OF SECTION 23 [3731] 3802 MAY REQUEST A CHEMICAL TEST OF HIS BREATH, BLOOD OR 24 URINE. SUCH REQUESTS SHALL BE HONORED WHEN IT IS REASONABLY 25 PRACTICABLE TO DO SO. 26 * * * 27 SECTION 13. SECTION 1548 OF TITLE 75 IS REPEALED. 28 SECTION 14. SECTION 1552 OF TITLE 75 IS AMENDED TO READ: 29 § 1552. ACCELERATED REHABILITATIVE DISPOSITION. 30 THE COURT OF COMMON PLEAS IN EACH JUDICIAL DISTRICT AND THE 20030S0008B1078 - 29 -
1 MUNICIPAL COURT OF PHILADELPHIA SHALL ESTABLISH AND IMPLEMENT A 2 PROGRAM FOR ACCELERATED REHABILITATIVE DISPOSITION FOR PERSONS 3 CHARGED WITH A VIOLATION OF SECTION [3731] 3802 (RELATING TO 4 DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE) IN 5 ACCORDANCE WITH THE PROVISIONS OF THIS CHAPTER AND RULES ADOPTED 6 BY THE SUPREME COURT. 7 SECTION 15. SECTION 1553(D), (6), (8) AND (16), (E) AND 8 (F)(1) ARE AMENDED AND THE SECTION IS AMENDED BY ADDING 9 SUBSECTIONS TO READ: 10 § 1553. OCCUPATIONAL LIMITED LICENSE. 11 * * * 12 (D) UNAUTHORIZED ISSUANCE.--THE DEPARTMENT SHALL PROHIBIT 13 ISSUANCE OF AN OCCUPATIONAL LIMITED LICENSE TO: 14 * * * 15 (6) [ ANY] EXCEPT AS SET FORTH IN SUBSECTION (D.1) OR 16 (D.2) ANY PERSON WHO HAS BEEN ADJUDICATED DELINQUENT OR 17 CONVICTED OF DRIVING UNDER THE INFLUENCE OF ALCOHOL OR 18 CONTROLLED SUBSTANCE UNLESS THE SUSPENSION OR REVOCATION 19 IMPOSED FOR THAT CONVICTION HAS BEEN FULLY SERVED. 20 * * * 21 (8) [ANY] EXCEPT AS SET FORTH IN SUBSECTIONS (D.1) AND 22 (D.2), ANY PERSON WHO HAS BEEN GRANTED A CONSENT DECREE OR 23 ACCELERATED REHABILITATIVE DISPOSITION FOR DRIVING UNDER THE 24 INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE AND WHOSE 25 LICENSE HAS BEEN SUSPENDED BY THE DEPARTMENT UNLESS THE 26 SUSPENSION IMPOSED HAS BEEN FULLY SERVED. 27 * * * 28 (16) [ANY] EXCEPT AS SET FORTH IN SUBSECTION (D.3), ANY 29 PERSON WHOSE OPERATING PRIVILEGE HAS BEEN SUSPENDED UNDER AN 30 INTERJURISDICTIONAL AGREEMENT AS PROVIDED FOR IN SECTION 6146 20030S0008B1078 - 30 -
1 AS THE RESULT OF A CONVICTION OR ADJUDICATION IF THE 2 CONVICTION OR ADJUDICATION FOR AN EQUIVALENT OFFENSE IN THIS 3 COMMONWEALTH WOULD HAVE PROHIBITED THE ISSUANCE OF AN 4 OCCUPATIONAL LIMITED LICENSE. 5 * * * 6 (D.1) ADJUDICATION ELIGIBILITY.--AN INDIVIDUAL WHO HAS BEEN 7 ADJUDICATED DELINQUENT, CONVICTED, GRANTED A CONSENT DECREE OR 8 GRANTED ACCELERATED REHABILITATION DISPOSITION FOR DRIVING UNDER 9 THE INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE AND DOES NOT 10 HAVE A PRIOR OFFENSE AS DEFINED IN SECTION 3806(A) (RELATING TO 11 PRIOR OFFENSES) SHALL BE ELIGIBLE FOR AN OCCUPATIONAL LIMITED 12 LICENSE. 13 (D.2) SUSPENSION ELIGIBILITY.-- 14 (1) AN INDIVIDUAL WHOSE LICENSE HAS BEEN SUSPENDED FOR A 15 PERIOD OF 24 MONTHS UNDER SECTION 1547(B)(1)(II) (RELATING TO 16 CHEMICAL TESTING TO DETERMINE AMOUNT OF ALCOHOL OR CONTROLLED 17 SUBSTANCE) OR 3804(E)(2)(II) (RELATING TO PENALTIES) SHALL 18 NOT BE PROHIBITED FROM OBTAINING AN OCCUPATIONAL LIMITED 19 LICENSE UNDER THIS SECTION IF THE INDIVIDUAL: 20 (I) IS OTHERWISE ELIGIBLE FOR RESTORATION; 21 (II) HAS SERVED AT LEAST 12 MONTHS OF THE LICENSE 22 SUSPENSION; 23 (III) ONLY OPERATES A MOTOR VEHICLE EQUIPPED WITH AN 24 IGNITION INTERLOCK SYSTEM AS DEFINED IN SECTION 3801 25 (RELATING TO DEFINITIONS); AND 26 (IV) HAS CERTIFIED TO THE DEPARTMENT UNDER PARAGRAPH 27 (3). 28 (2) A PERIOD OF IGNITION INTERLOCK ACCEPTED UNDER THIS 29 SUBSECTION SHALL NOT COUNT TOWARDS THE ONE-YEAR MANDATORY 30 PERIOD OF IGNITION INTERLOCK IMPOSED UNDER SECTION 3805 20030S0008B1078 - 31 -
1 (RELATING TO IGNITION INTERLOCK). 2 (3) IF AN INDIVIDUAL SEEKS AN OCCUPATIONAL LIMITED 3 LICENSE UNDER THIS SUBSECTION, THE DEPARTMENT SHALL REQUIRE 4 THAT EACH MOTOR VEHICLE OWNED OR REGISTERED TO THE PERSON HAS 5 BEEN EQUIPPED WITH AN APPROVED IGNITION INTERLOCK SYSTEM AS A 6 CONDITION OF ISSUING AN OCCUPATIONAL LIMITED LICENSE WITH AN 7 IGNITION INTERLOCK RESTRICTION. 8 (D.3) INTERJURISDICTIONAL SUSPENSIONS.--AN INDIVIDUAL WHOSE 9 OPERATING PRIVILEGE HAS BEEN SUSPENDED PURSUANT TO AN 10 INTERJURISDICTIONAL AGREEMENT UNDER SECTION 6146 AS THE RESULT 11 OF AN ADJUDICATION OR CONVICTION FOR DRIVING UNDER THE INFLUENCE 12 OF ALCOHOL OR CONTROLLED SUBSTANCE AND DOES NOT HAVE A PRIOR 13 OFFENSE AS DEFINED IN SECTION 3806(A) SHALL BE ELIGIBLE FOR AN 14 OCCUPATIONAL LIMITED LICENSE. 15 (E) OFFENSES COMMITTED DURING A PERIOD FOR WHICH AN 16 OCCUPATIONAL LIMITED LICENSE HAS BEEN ISSUED.--ANY DRIVER WHO 17 HAS BEEN ISSUED AN OCCUPATIONAL LIMITED LICENSE AND AS TO WHOM 18 THE DEPARTMENT RECEIVES A REPORT OF CONVICTION OF AN OFFENSE FOR 19 WHICH THE PENALTY IS A CANCELLATION, DISQUALIFICATION, RECALL, 20 SUSPENSION OR REVOCATION OF OPERATING PRIVILEGES OR A REPORT 21 UNDER SECTION 3815(C)(4) (RELATING TO MANDATORY SENTENCING) 22 SHALL HAVE THE OCCUPATIONAL LIMITED LICENSE RECALLED, AND THE 23 DRIVER SHALL SURRENDER THE LIMITED LICENSE TO THE DEPARTMENT OR 24 ITS AGENTS DESIGNATED UNDER THE AUTHORITY OF SECTION 1540. 25 (F) RESTRICTIONS.--A DRIVER WHO HAS BEEN ISSUED AN 26 OCCUPATIONAL LIMITED LICENSE SHALL OBSERVE THE FOLLOWING: 27 (1) THE DRIVER SHALL OPERATE A DESIGNATED VEHICLE ONLY 28 [BETWEEN]: 29 (I) BETWEEN THE DRIVER'S PLACE OF RESIDENCE AND 30 PLACE OF EMPLOYMENT OR STUDY AND AS NECESSARY IN THE 20030S0008B1078 - 32 -
1 COURSE OF EMPLOYMENT OR CONDUCTING A BUSINESS OR PURSUING 2 A COURSE OF STUDY WHERE THE OPERATION OF A MOTOR VEHICLE 3 IS A REQUIREMENT OF EMPLOYMENT OR OF CONDUCTING A 4 BUSINESS OR OF PURSUING A COURSE OF STUDY. 5 (II) TO AND FROM A PLACE FOR SCHEDULED OR EMERGENCY 6 MEDICAL EXAMINATION OR TREATMENT. THIS SUBPARAGRAPH 7 INCLUDES TREATMENT REQUIRED UNDER CHAPTER 38 (RELATING TO 8 DRIVING WHILE IMPAIRED). 9 * * * 10 SECTION 16. SECTIONS 1554(F)(8), 1575(B), 1586, 1611(A)(1), 11 3101(B), 3116(L)(2) AND (Q), 3326(C), 3327(E) AND 3716(A) ARE 12 AMENDED TO READ: 13 § 1554. PROBATIONARY LICENSE. 14 * * * 15 (F) UNAUTHORIZED ISSUANCE.--THE DEPARTMENT SHALL NOT ISSUE A 16 PROBATIONARY LICENSE TO: 17 * * * 18 (8) A PERSON WHO HAS BEEN CONVICTED OF A VIOLATION OF 19 SECTION [3731] 3802 (RELATING TO DRIVING UNDER INFLUENCE OF 20 ALCOHOL OR CONTROLLED SUBSTANCE) WITHIN THE PRECEDING SEVEN 21 YEARS. 22 * * * 23 § 1575. PERMITTING VIOLATION OF TITLE. 24 * * * 25 (B) PENALTY.--ANY PERSON VIOLATING THE PROVISIONS OF 26 SUBSECTION (A) IS GUILTY OF A SUMMARY OFFENSE AND IS SUBJECT TO 27 THE SAME FINE AS THE DRIVER OF THE VEHICLE. IF THE DRIVER IS 28 CONVICTED UNDER SECTION [3731 (RELATING TO DRIVING UNDER 29 INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE) OR] 3735 (RELATING 30 TO HOMICIDE BY VEHICLE WHILE DRIVING UNDER INFLUENCE) OR 3802 20030S0008B1078 - 33 -
1 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED 2 SUBSTANCE), THE PERSON VIOLATING SUBSECTION (A) SHALL ALSO BE 3 SUBJECT TO SUSPENSION OR REVOCATION, AS APPLICABLE, UNDER 4 SECTIONS [1532 (RELATING TO REVOCATION OR SUSPENSION OF 5 OPERATING PRIVILEGE)] 3804(E) (RELATING TO PENALTIES) AND 1542 6 (RELATING TO REVOCATION OF HABITUAL OFFENDER'S LICENSE). 7 * * * 8 § 1586. DUTIES OF DEPARTMENT. 9 THE DEPARTMENT SHALL, FOR PURPOSES OF IMPOSING A SUSPENSION 10 OR REVOCATION UNDER ARTICLE IV OF THE COMPACT, TREAT REPORTS OF 11 CONVICTIONS RECEIVED FROM PARTY STATES THAT RELATE TO DRIVING, 12 OPERATING OR BEING IN ACTUAL PHYSICAL CONTROL OF A VEHICLE WHILE 13 IMPAIRED BY OR UNDER THE INFLUENCE OF ALCOHOL, INTOXICATING 14 LIQUOR, DRUGS, NARCOTICS, CONTROLLED SUBSTANCES OR OTHER 15 IMPAIRING OR INTOXICATING SUBSTANCE AS BEING SUBSTANTIALLY 16 SIMILAR TO SECTION [3731] 3802 (RELATING TO DRIVING UNDER THE 17 INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE). THE FACT THAT THE 18 OFFENSE REPORTED TO THE DEPARTMENT BY A PARTY STATE MAY REQUIRE 19 A DIFFERENT DEGREE OF IMPAIRMENT OF A PERSON'S ABILITY TO 20 OPERATE, DRIVE OR CONTROL A VEHICLE THAN THAT REQUIRED TO 21 SUPPORT A CONVICTION FOR A VIOLATION OF SECTION [3731] 3802 22 SHALL NOT BE A BASIS FOR DETERMINING THAT THE PARTY STATE'S 23 OFFENSE IS NOT SUBSTANTIALLY SIMILAR TO SECTION [3731] 3802 FOR 24 PURPOSES OF ARTICLE IV OF THE COMPACT. 25 § 1611. DISQUALIFICATION. 26 (A) DISQUALIFICATION FOR FIRST VIOLATION OF CERTAIN 27 OFFENSES.--UPON RECEIPT OF A CERTIFIED COPY OF CONVICTION, THE 28 DEPARTMENT SHALL, IN ADDITION TO ANY OTHER PENALTIES IMPOSED 29 UNDER THIS TITLE, DISQUALIFY ANY PERSON FROM DRIVING A 30 COMMERCIAL MOTOR VEHICLE OR SCHOOL VEHICLE FOR A PERIOD OF ONE 20030S0008B1078 - 34 -
1 YEAR FOR THE FIRST VIOLATION OF: 2 (1) SECTION [3731] 3802 (RELATING TO DRIVING UNDER THE 3 INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE), WHERE THE 4 VIOLATION OCCURRED WHILE THE PERSON WAS OPERATING A 5 COMMERCIAL MOTOR VEHICLE OR SCHOOL VEHICLE; 6 * * * 7 § 3101. APPLICATION OF PART. 8 * * * 9 (B) SERIOUS TRAFFIC OFFENSES.--THE PROVISIONS OF SECTION 10 3345 (RELATING TO MEETING OR OVERTAKING SCHOOL BUS) [AND], 11 SUBCHAPTER B OF CHAPTER 37 (RELATING TO SERIOUS TRAFFIC 12 OFFENSES) AND CHAPTER 38 (RELATING TO DRIVING WHILE IMPAIRED) 13 SHALL APPLY UPON HIGHWAYS AND TRAFFICWAYS THROUGHOUT THIS 14 COMMONWEALTH. 15 § 3116. AUTOMATED RED LIGHT ENFORCEMENT SYSTEMS IN FIRST CLASS 16 CITIES. 17 * * * 18 (L) PAYMENT OF FINE.-- 19 * * * 20 (2) PAYMENT MUST BE MADE PERSONALLY, THROUGH AN 21 AUTHORIZED AGENT OR BY MAILING BOTH PAYMENT AND THE NOTICE OF 22 VIOLATION TO THE SYSTEM ADMINISTRATOR. PAYMENT BY MAIL MUST 23 BE MADE ONLY BY MONEY ORDER, CREDIT CARD OR CHECK MADE 24 PAYABLE TO THE SYSTEM ADMINISTRATOR. THE SYSTEM ADMINISTRATOR 25 SHALL REMIT THE FINE, LESS THE SYSTEM ADMINISTRATOR'S 26 OPERATION AND MAINTENANCE COSTS NECESSITATED BY THIS SECTION, 27 TO THE DEPARTMENT FOR DEPOSIT INTO THE MOTOR LICENSE FUND. 28 FINES DEPOSITED IN THE FUND UNDER THIS PARAGRAPH SHALL BE 29 USED BY THE DEPARTMENT [AS FOLLOWS: 30 (I) TO REIMBURSE THE SYSTEM ADMINISTRATOR FOR COSTS 20030S0008B1078 - 35 -
1 ASSOCIATED WITH THE IMPLEMENTATION OF THIS SECTION. THIS 2 SUBPARAGRAPH INCLUDES COSTS FOR OPERATION AND 3 MAINTENANCE. 4 (II) TO DEVELOP, BY REGULATION, A TRANSPORTATION 5 ENHANCEMENTS GRANT PROGRAM.] TO DEVELOP, BY REGULATION, A 6 TRANSPORTATION ENHANCEMENTS GRANT PROGRAM. 7 * * * 8 (Q) EXPIRATION.--THIS SECTION SHALL EXPIRE DECEMBER 31, 9 [2006] 2007. 10 § 3326. DUTY OF DRIVER IN CONSTRUCTION AND MAINTENANCE AREAS OR 11 ON HIGHWAY SAFETY CORRIDORS. 12 * * * 13 (C) FINES TO BE DOUBLED.-- FOR ANY OF THE FOLLOWING 14 VIOLATIONS, WHEN COMMITTED IN AN ACTIVE WORK ZONE MANNED BY 15 WORKERS ACTING IN THEIR OFFICIAL CAPACITY OR ON A HIGHWAY SAFETY 16 CORRIDOR DESIGNATED UNDER SECTION 6105.1 (RELATING TO 17 DESIGNATION OF HIGHWAY SAFETY CORRIDORS), THE FINE SHALL BE 18 DOUBLE THE USUAL AMOUNT: 19 SECTION 3102 (RELATING TO OBEDIENCE TO AUTHORIZED 20 PERSONS DIRECTING TRAFFIC). 21 SECTION 3111 (RELATING TO OBEDIENCE TO TRAFFIC- 22 CONTROL DEVICES). 23 SECTION 3112 (RELATING TO TRAFFIC-CONTROL SIGNALS). 24 SECTION 3114 (RELATING TO FLASHING SIGNALS). 25 SECTION 3302 (RELATING TO MEETING VEHICLE PROCEEDING 26 IN OPPOSITE DIRECTION). 27 SECTION 3303 (RELATING TO OVERTAKING VEHICLE ON THE 28 LEFT). 29 SECTION 3304 (RELATING TO OVERTAKING VEHICLE ON THE 30 RIGHT). 20030S0008B1078 - 36 -
1 SECTION 3305 (RELATING TO LIMITATIONS ON OVERTAKING 2 ON THE LEFT). 3 SECTION 3306 (RELATING TO LIMITATIONS ON DRIVING ON 4 LEFT SIDE OF ROADWAY). 5 SECTION 3307 (RELATING TO NO-PASSING ZONES). 6 SECTION 3309 (RELATING TO DRIVING ON ROADWAYS LANED 7 FOR TRAFFIC). 8 SECTION 3310 (RELATING TO FOLLOWING TOO CLOSELY). 9 SECTION 3323 (RELATING TO STOP SIGNS AND YIELD 10 SIGNS). 11 SECTION 3326 (RELATING TO DUTY OF DRIVER IN 12 CONSTRUCTION AND MAINTENANCE AREAS). 13 SECTION 3361 (RELATING TO DRIVING VEHICLE AT SAFE 14 SPEED). 15 SECTION 3362 (RELATING TO MAXIMUM SPEED LIMITS). 16 SECTION 3702 (RELATING TO LIMITATIONS ON BACKING). 17 SECTION 3714 (RELATING TO CARELESS DRIVING). 18 SECTION 3715 (RELATING TO RESTRICTION ON ALCOHOLIC 19 BEVERAGES). 20 [SECTION 3731 (RELATING TO DRIVING UNDER INFLUENCE OF 21 ALCOHOL OR CONTROLLED SUBSTANCE).] 22 SECTION 3736 (RELATING TO RECKLESS DRIVING). 23 SECTION 3802 (RELATING TO DRIVING UNDER INFLUENCE OF 24 ALCOHOL OR CONTROLLED SUBSTANCE). 25 * * * 26 § 3327. DUTY OF DRIVER IN EMERGENCY RESPONSE AREAS. 27 * * * 28 (E) FINES TO BE DOUBLED.--IN ADDITION TO ANY PENALTY AS 29 PROVIDED IN SUBSECTION (B), THE FINE FOR ANY OF THE FOLLOWING 30 VIOLATIONS WHEN COMMITTED IN AN EMERGENCY RESPONSE AREA MANNED 20030S0008B1078 - 37 -
1 BY EMERGENCY SERVICE RESPONDERS SHALL BE DOUBLE THE USUAL 2 AMOUNT: 3 SECTION 3102 (RELATING TO OBEDIENCE TO AUTHORIZED PERSONS 4 DIRECTING TRAFFIC). 5 SECTION 3111 (RELATING TO OBEDIENCE TO TRAFFIC-CONTROL 6 DEVICES). 7 SECTION 3114 (RELATING TO FLASHING SIGNALS). 8 SECTION 3302 (RELATING TO MEETING VEHICLE PROCEEDING IN 9 OPPOSITE DIRECTION). 10 SECTION 3303 (RELATING TO OVERTAKING VEHICLE ON THE 11 LEFT). 12 SECTION 3304 (RELATING TO OVERTAKING VEHICLE ON THE 13 RIGHT). 14 SECTION 3305 (RELATING TO LIMITATIONS ON OVERTAKING ON 15 THE LEFT). 16 SECTION 3306 (RELATING TO LIMITATIONS ON DRIVING ON LEFT 17 SIDE OF ROADWAY). 18 SECTION 3307 (RELATING TO NO-PASSING ZONES). 19 SECTION 3310 (RELATING TO FOLLOWING TOO CLOSELY). 20 SECTION 3312 (RELATING TO LIMITED ACCESS HIGHWAY 21 ENTRANCES AND EXITS). 22 SECTION 3323 (RELATING TO STOP SIGNS AND YIELD SIGNS). 23 SECTION 3325 (RELATING TO DUTY OF DRIVER ON APPROACH OF 24 EMERGENCY VEHICLE). 25 SECTION 3361 (RELATING TO DRIVING VEHICLE AT SAFE SPEED). 26 SECTION 3707 (RELATING TO DRIVING OR STOPPING CLOSE TO 27 FIRE APPARATUS). 28 SECTION 3710 (RELATING TO STOPPING AT INTERSECTION OR 29 CROSSING TO PREVENT OBSTRUCTION). 30 SECTION 3714 (RELATING TO CARELESS DRIVING). 20030S0008B1078 - 38 -
1 SECTION 3715.1 (RELATING TO RESTRICTION ON ALCOHOLIC 2 BEVERAGES). 3 [SECTION 3731 (RELATING TO DRIVING UNDER INFLUENCE OF 4 ALCOHOL OR CONTROLLED SUBSTANCE).] 5 SECTION 3736 (RELATING TO RECKLESS DRIVING). 6 SECTION 3802 (RELATING TO DRIVING UNDER INFLUENCE OF 7 ALCOHOL OR CONTROLLED SUBSTANCE). 8 * * * 9 § 3716. ACCIDENTS INVOLVING OVERTURNED VEHICLES. 10 (A) SPEEDING, CARELESS DRIVING, ETC.--IF A COMMERCIAL MOTOR 11 VEHICLE OVERTURNS IN AN ACCIDENT RESULTING FROM A VIOLATION OF 12 SECTION 3361 (RELATING TO DRIVING VEHICLE AT SAFE SPEED), 3362 13 (RELATING TO MAXIMUM SPEED LIMITS), 3714 (RELATING TO CARELESS 14 DRIVING) OR [3731] 3802 (RELATING TO DRIVING UNDER INFLUENCE OF 15 ALCOHOL OR CONTROLLED SUBSTANCE), THE OPERATOR OF THE VEHICLE 16 SHALL, UPON CONVICTION OF ANY OF THE AFOREMENTIONED OFFENSES, BE 17 SENTENCED TO PAY A FINE OF $2,000, IN ADDITION TO ANY OTHER 18 PENALTY AUTHORIZED BY LAW. 19 * * * 20 SECTION 17. SECTION 3731 OF TITLE 75 IS REPEALED. 21 SECTION 18. SECTIONS 3732(A), 3735(A), 3735.1(A) AND 3755(A) 22 OF TITLE 75 ARE AMENDED TO READ: 23 § 3732. HOMICIDE BY VEHICLE. 24 (A) OFFENSE.--ANY PERSON WHO RECKLESSLY OR WITH GROSS 25 NEGLIGENCE CAUSES THE DEATH OF ANOTHER PERSON WHILE ENGAGED IN 26 THE VIOLATION OF ANY LAW OF THIS COMMONWEALTH OR MUNICIPAL 27 ORDINANCE APPLYING TO THE OPERATION OR USE OF A VEHICLE OR TO 28 THE REGULATION OF TRAFFIC EXCEPT SECTION [3731] 3802 (RELATING 29 TO DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE) 30 IS GUILTY OF HOMICIDE BY VEHICLE, A FELONY OF THE THIRD DEGREE, 20030S0008B1078 - 39 -
1 WHEN THE VIOLATION IS THE CAUSE OF DEATH. 2 * * * 3 § 3735. HOMICIDE BY VEHICLE WHILE DRIVING UNDER INFLUENCE. 4 (A) OFFENSE DEFINED.--ANY PERSON WHO UNINTENTIONALLY CAUSES 5 THE DEATH OF ANOTHER PERSON AS THE RESULT OF A VIOLATION OF 6 SECTION [3731] 3802 (RELATING TO DRIVING UNDER INFLUENCE OF 7 ALCOHOL OR CONTROLLED SUBSTANCE) AND WHO IS CONVICTED OF 8 VIOLATING SECTION [3731] 3802 IS GUILTY OF A FELONY OF THE 9 SECOND DEGREE WHEN THE VIOLATION IS THE CAUSE OF DEATH AND THE 10 SENTENCING COURT SHALL ORDER THE PERSON TO SERVE A MINIMUM TERM 11 OF IMPRISONMENT OF NOT LESS THAN THREE YEARS. A CONSECUTIVE 12 THREE-YEAR TERM OF IMPRISONMENT SHALL BE IMPOSED FOR EACH VICTIM 13 WHOSE DEATH IS THE RESULT OF THE VIOLATION OF SECTION [3731] 14 3802. 15 * * * 16 § 3735.1. AGGRAVATED ASSAULT BY VEHICLE WHILE DRIVING UNDER THE 17 INFLUENCE. 18 (A) OFFENSE DEFINED.--ANY PERSON WHO NEGLIGENTLY CAUSES 19 SERIOUS BODILY INJURY TO ANOTHER PERSON AS THE RESULT OF A 20 VIOLATION OF SECTION [3731] 3802 (RELATING TO DRIVING UNDER 21 INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE) AND WHO IS 22 CONVICTED OF VIOLATING SECTION [3731] 3802 COMMITS A FELONY OF 23 THE SECOND DEGREE WHEN THE VIOLATION IS THE CAUSE OF THE INJURY. 24 * * * 25 § 3755. REPORTS BY EMERGENCY ROOM PERSONNEL. 26 (A) GENERAL RULE.--IF, AS A RESULT OF A MOTOR VEHICLE 27 ACCIDENT, THE PERSON WHO DROVE, OPERATED OR WAS IN ACTUAL 28 PHYSICAL CONTROL OF THE MOVEMENT OF ANY INVOLVED MOTOR VEHICLE 29 REQUIRES MEDICAL TREATMENT IN AN EMERGENCY ROOM OF A HOSPITAL 30 AND IF PROBABLE CAUSE EXISTS TO BELIEVE A VIOLATION OF SECTION 20030S0008B1078 - 40 -
1 [3731] 3802 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR 2 CONTROLLED SUBSTANCE) WAS INVOLVED, THE EMERGENCY ROOM PHYSICIAN 3 OR HIS DESIGNEE SHALL PROMPTLY TAKE BLOOD SAMPLES FROM THOSE 4 PERSONS AND TRANSMIT THEM WITHIN 24 HOURS FOR TESTING TO THE 5 DEPARTMENT OF HEALTH OR A CLINICAL LABORATORY LICENSED AND 6 APPROVED BY THE DEPARTMENT OF HEALTH AND SPECIFICALLY DESIGNATED 7 FOR THIS PURPOSE. THIS SECTION SHALL BE APPLICABLE TO ALL 8 INJURED OCCUPANTS WHO WERE CAPABLE OF MOTOR VEHICLE OPERATION IF 9 THE OPERATOR OR PERSON IN ACTUAL PHYSICAL CONTROL OF THE 10 MOVEMENT OF THE MOTOR VEHICLE CANNOT BE DETERMINED. TEST RESULTS 11 SHALL BE RELEASED UPON REQUEST OF THE PERSON TESTED, HIS 12 ATTORNEY, HIS PHYSICIAN OR GOVERNMENTAL OFFICIALS OR AGENCIES. 13 * * * 14 SECTION 19. TITLE 75 IS AMENDED BY ADDING A CHAPTER TO READ: 15 CHAPTER 38 16 DRIVING WHILE IMPAIRED 17 SEC. 18 3801. DEFINITIONS. 19 3802. DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED 20 SUBSTANCE. 21 3803. GRADING. 22 3804. PENALTIES. 23 3805. IGNITION INTERLOCK. 24 3806. PRIOR OFFENSES. 25 3807. ACCELERATED REHABILITATIVE DISPOSITION. 26 3808. ILLEGALLY OPERATING A MOTOR VEHICLE NOT EQUIPPED WITH 27 IGNITION INTERLOCK. 28 3809. RESTRICTION ON ALCOHOLIC BEVERAGES. 29 3810. AUTHORIZED USE NOT A DEFENSE. 30 3811. CERTAIN ARRESTS AUTHORIZED. 20030S0008B1078 - 41 -
1 3812. PRELIMINARY HEARING OR ARRAIGNMENT. 2 3813. WORK RELEASE. 3 3814. DRUG AND ALCOHOL ASSESSMENTS. 4 3815. MANDATORY SENTENCING. 5 3816. REQUIREMENTS FOR DRIVING UNDER INFLUENCE OFFENDERS. 6 3817. REPORTING REQUIREMENTS FOR OFFENSES. 7 § 3801. DEFINITIONS. 8 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER 9 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE 10 CONTEXT CLEARLY INDICATES OTHERWISE: 11 "ADULT." AN INDIVIDUAL WHO IS AT LEAST 21 YEARS OF AGE. 12 "IGNITION INTERLOCK SYSTEM." A SYSTEM APPROVED BY THE 13 DEPARTMENT WHICH PREVENTS A VEHICLE FROM BEING STARTED OR 14 OPERATED UNLESS THE OPERATOR FIRST PROVIDES A BREATH SAMPLE 15 INDICATING THAT THE OPERATOR HAS AN ALCOHOL LEVEL LESS THAN 16 .025%. 17 "MINOR." AN INDIVIDUAL WHO IS UNDER 21 YEARS OF AGE. 18 § 3802. DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED 19 SUBSTANCE. 20 (A) GENERAL IMPAIRMENT.-- 21 (1) AN INDIVIDUAL MAY NOT DRIVE, OPERATE OR BE IN ACTUAL 22 PHYSICAL CONTROL OF THE MOVEMENT OF A VEHICLE AFTER IMBIBING 23 A SUFFICIENT AMOUNT OF ALCOHOL SUCH THAT THE INDIVIDUAL WAS 24 INCAPABLE OF SAFELY DRIVING, OPERATING OR BEING IN ACTUAL 25 PHYSICAL CONTROL OF THE MOVEMENT OF THE VEHICLE. 26 (2) AN INDIVIDUAL MAY NOT DRIVE, OPERATE OR BE IN ACTUAL 27 PHYSICAL CONTROL OF THE MOVEMENT OF A VEHICLE AFTER IMBIBING 28 A SUFFICIENT AMOUNT OF ALCOHOL SUCH THAT THE ALCOHOL 29 CONCENTRATION IN THE INDIVIDUAL'S BLOOD OR BREATH IS AT LEAST 30 .08% BUT LESS THAN .10% WITHIN THREE HOURS AFTER THE 20030S0008B1078 - 42 -
1 INDIVIDUAL HAS DRIVEN, OPERATED OR BEEN IN ACTUAL PHYSICAL 2 CONTROL OF THE MOVEMENT OF THE VEHICLE. 3 (B) HIGH RATE OF ALCOHOL.--AN INDIVIDUAL MAY NOT DRIVE, 4 OPERATE OR BE IN ACTUAL PHYSICAL CONTROL OF THE MOVEMENT OF A 5 VEHICLE AFTER IMBIBING A SUFFICIENT AMOUNT OF ALCOHOL SUCH THAT 6 THE ALCOHOL CONCENTRATION IN THE INDIVIDUAL'S BLOOD OR BREATH IS 7 AT LEAST .10% BUT LESS THAN .16% WITHIN THREE HOURS AFTER THE 8 INDIVIDUAL HAS DRIVEN, OPERATED OR BEEN IN ACTUAL PHYSICAL 9 CONTROL OF THE MOVEMENT OF THE VEHICLE. 10 (C) HIGHEST RATE OF ALCOHOL.--AN INDIVIDUAL MAY NOT DRIVE, 11 OPERATE OR BE IN ACTUAL PHYSICAL CONTROL OF THE MOVEMENT OF A 12 VEHICLE AFTER IMBIBING A SUFFICIENT AMOUNT OF ALCOHOL SUCH THAT 13 THE ALCOHOL CONCENTRATION IN THE INDIVIDUAL'S BLOOD OR BREATH IS 14 .16% OR HIGHER WITHIN THREE HOURS AFTER THE INDIVIDUAL HAS 15 DRIVEN, OPERATED OR BEEN IN ACTUAL PHYSICAL CONTROL OF THE 16 MOVEMENT OF THE VEHICLE. 17 (D) CONTROLLED SUBSTANCES.--AN INDIVIDUAL MAY NOT DRIVE, 18 OPERATE OR BE IN ACTUAL PHYSICAL CONTROL OF THE MOVEMENT OF A 19 VEHICLE UNDER ANY OF THE FOLLOWING CIRCUMSTANCES: 20 (1) THERE IS IN THE INDIVIDUAL'S BLOOD ANY AMOUNT OF A: 21 (I) SCHEDULE I CONTROLLED SUBSTANCE, AS DEFINED IN 22 THE ACT OF APRIL 14, 1972 (P.L.233, NO.64), KNOWN AS THE 23 CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT; 24 (II) SCHEDULE II OR SCHEDULE III CONTROLLED 25 SUBSTANCE, AS DEFINED IN THE CONTROLLED SUBSTANCE, DRUG, 26 DEVICE AND COSMETIC ACT, WHICH HAS NOT BEEN MEDICALLY 27 PRESCRIBED FOR THE INDIVIDUAL; OR 28 (III) METABOLITE OF A SUBSTANCE UNDER SUBPARAGRAPH 29 (I) OR (II). 30 (2) THE INDIVIDUAL IS UNDER THE INFLUENCE OF A DRUG OR 20030S0008B1078 - 43 -
1 COMBINATION OF DRUGS TO A DEGREE WHICH IMPAIRS THE 2 INDIVIDUAL'S ABILITY TO SAFELY DRIVE, OPERATE OR BE IN ACTUAL 3 PHYSICAL CONTROL OF THE MOVEMENT OF THE VEHICLE. 4 (3) THE INDIVIDUAL IS UNDER THE COMBINED INFLUENCE OF 5 ALCOHOL AND A DRUG OR COMBINATION OF DRUGS TO A DEGREE WHICH 6 IMPAIRS THE INDIVIDUAL'S ABILITY TO SAFELY DRIVE, OPERATE OR 7 BE IN ACTUAL PHYSICAL CONTROL OF THE MOVEMENT OF THE VEHICLE. 8 (4) THE INDIVIDUAL IS UNDER THE INFLUENCE OF A SOLVENT 9 OR NOXIOUS SUBSTANCE IN VIOLATION OF 18 PA.C.S. § 7303 10 (RELATING TO SALE OR ILLEGAL USE OF CERTAIN SOLVENTS AND 11 NOXIOUS SUBSTANCES). 12 (E) MINORS.--A MINOR MAY NOT DRIVE, OPERATE OR BE IN ACTUAL 13 PHYSICAL CONTROL OF THE MOVEMENT OF A VEHICLE AFTER IMBIBING A 14 SUFFICIENT AMOUNT OF ALCOHOL SUCH THAT THE ALCOHOL CONCENTRATION 15 IN THE MINOR'S BLOOD OR BREATH IS .02% OR HIGHER WITHIN THREE 16 HOURS AFTER THE MINOR HAS DRIVEN, OPERATED OR BEEN IN ACTUAL 17 PHYSICAL CONTROL OF THE MOVEMENT OF THE VEHICLE. 18 (F) COMMERCIAL SCHOOL VEHICLES.--AN INDIVIDUAL MAY NOT 19 DRIVE, OPERATE OR BE IN ACTUAL PHYSICAL CONTROL OF THE MOVEMENT 20 OF A COMMERCIAL VEHICLE OR SCHOOL VEHICLE IN ANY OF THE 21 FOLLOWING CIRCUMSTANCES: 22 (1) AFTER THE INDIVIDUAL HAS IMBIBED A SUFFICIENT AMOUNT 23 OF ALCOHOL SUCH THAT THE ALCOHOL CONCENTRATION IN THE 24 INDIVIDUAL'S BLOOD OR BREATH IS: 25 (I) .04% OR GREATER WITHIN THREE HOURS AFTER THE 26 INDIVIDUAL HAS DRIVEN, OPERATED OR BEEN IN ACTUAL 27 PHYSICAL CONTROL OF THE MOVEMENT OF A COMMERCIAL VEHICLE 28 OTHER THAN A SCHOOL BUS OR A SCHOOL VEHICLE. 29 (II) .02% OR GREATER WITHIN THREE HOURS AFTER THE 30 INDIVIDUAL HAS DRIVEN, OPERATED OR BEEN IN ACTUAL 20030S0008B1078 - 44 -
1 PHYSICAL CONTROL OF THE MOVEMENT OF A SCHOOL BUS OR A 2 SCHOOL VEHICLE. 3 (2) AFTER THE INDIVIDUAL HAS IMBIBED A SUFFICIENT AMOUNT 4 OF ALCOHOL SUCH THAT THE INDIVIDUAL WAS INCAPABLE OF SAFELY 5 DRIVING, OPERATING OR BEING IN ACTUAL PHYSICAL CONTROL OF THE 6 MOVEMENT OF A COMMERCIAL VEHICLE. 7 (3) WHILE THE INDIVIDUAL IS UNDER THE INFLUENCE OF A 8 CONTROLLED SUBSTANCE OR COMBINATION OF CONTROLLED SUBSTANCES, 9 AS DEFINED IN SECTION 1603 (RELATING TO DEFINITIONS). 10 (4) WHILE THE INDIVIDUAL IS UNDER THE COMBINED INFLUENCE 11 OF ALCOHOL AND A CONTROLLED SUBSTANCE OR COMBINATION OF 12 CONTROLLED SUBSTANCES, AS DEFINED IN SECTION 1603. 13 (G) EXCEPTION TO THREE-HOUR RULE.--NOTWITHSTANDING THE 14 PROVISIONS OF SUBSECTION (A), (B), (C), (E) OR (F), WHERE 15 ALCOHOL CONCENTRATION IN AN INDIVIDUAL'S BLOOD OR BREATH IS AN 16 ELEMENT OF THE OFFENSE, EVIDENCE OF SUCH ALCOHOL CONCENTRATION 17 MORE THAN THREE HOURS AFTER THE INDIVIDUAL HAS DRIVEN, OPERATED 18 OR BEEN IN ACTUAL PHYSICAL CONTROL OF THE MOVEMENT OF THE 19 VEHICLE IS SUFFICIENT TO ESTABLISH THAT ELEMENT OF THE OFFENSE 20 UNDER THE FOLLOWING CIRCUMSTANCES: 21 (1) WHERE THE COMMONWEALTH SHOWS GOOD CAUSE EXPLAINING 22 WHY THE CHEMICAL TEST COULD NOT BE PERFORMED WITHIN THREE 23 HOURS; AND 24 (2) WHERE THE COMMONWEALTH ESTABLISHES THAT THE 25 INDIVIDUAL DID NOT IMBIBE ANY ALCOHOL BETWEEN THE TIME THE 26 INDIVIDUAL WAS ARRESTED AND THE TIME THE TEST WAS PERFORMED. 27 § 3803. GRADING. 28 (A) BASIC OFFENSES.-- 29 (1) AN INDIVIDUAL WHO VIOLATES SECTION 3802(A) (RELATING 30 TO DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED 20030S0008B1078 - 45 -
1 SUBSTANCE) AND HAS NO MORE THAN ONE PRIOR OFFENSE COMMITS A 2 MISDEMEANOR FOR WHICH THE INDIVIDUAL MAY BE SENTENCED TO A 3 TERM OF IMPRISONMENT OF NOT MORE THAN SIX MONTHS AND TO PAY A 4 FINE UNDER SECTION 3804 (RELATING TO PENALTIES). 5 (2) AN INDIVIDUAL WHO VIOLATES SECTION 3802(A) AND HAS 6 MORE THAN ONE PRIOR OFFENSE COMMITS A MISDEMEANOR OF THE 7 SECOND DEGREE. 8 (B) OTHER OFFENSES.-- 9 (1) AN INDIVIDUAL WHO VIOLATES SECTION 3802(B), (E) OR 10 (F) AND WHO HAS NO MORE THAN ONE PRIOR OFFENSE COMMITS A 11 MISDEMEANOR FOR WHICH THE INDIVIDUAL MAY BE SENTENCED TO A 12 TERM OF IMPRISONMENT OF NOT MORE THAN SIX MONTHS AND TO PAY A 13 FINE UNDER SECTION 3804. 14 (2) AN INDIVIDUAL WHO VIOLATES SECTION 3802(C) OR (D) 15 AND WHO HAS NO PRIOR OFFENSES COMMITS A MISDEMEANOR FOR WHICH 16 THE INDIVIDUAL MAY BE SENTENCED TO A TERM OF IMPRISONMENT OF 17 NOT MORE THAN SIX MONTHS AND TO PAY A FINE UNDER SECTION 18 3804. 19 (3) AN INDIVIDUAL WHO VIOLATES SECTION 3802(B), (E) OR 20 (F) AND WHO HAS MORE THAN ONE PRIOR OFFENSE COMMITS A 21 MISDEMEANOR OF THE FIRST DEGREE. 22 (4) AN INDIVIDUAL WHO VIOLATES SECTION 3802(C) OR (D) 23 AND WHO HAS ONE OR MORE PRIOR OFFENSES COMMITS A MISDEMEANOR 24 OF THE FIRST DEGREE. 25 § 3804. PENALTIES. 26 (A) GENERAL IMPAIRMENT.--AN INDIVIDUAL WHO VIOLATES SECTION 27 3802(A) (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR 28 CONTROLLED SUBSTANCE) SHALL BE SENTENCED AS FOLLOWS: 29 (1) FOR A FIRST OFFENSE, TO: 30 (I) UNDERGO A PERIOD OF PROBATION NOT TO EXCEED SIX 20030S0008B1078 - 46 -
1 MONTHS; 2 (II) PAY A FINE OF $300; 3 (III) ATTEND AN ALCOHOL HIGHWAY SAFETY SCHOOL 4 APPROVED BY THE DEPARTMENT; AND 5 (IV) COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT 6 REQUIREMENTS IMPOSED UNDER SECTION 3814 (RELATING TO DRUG 7 AND ALCOHOL ASSESSMENTS) AND SECTION 3815 (RELATING TO 8 MANDATORY SENTENCING). 9 (2) FOR A SECOND OFFENSE, TO: 10 (I) UNDERGO IMPRISONMENT FOR NOT LESS THAN FIVE DAYS 11 NOR MORE THAN SIX MONTHS; 12 (II) PAY A FINE OF NOT LESS THAN $300 NOR MORE THAN 13 $2,500; 14 (III) ATTEND AN ALCOHOL HIGHWAY SAFETY SCHOOL 15 APPROVED BY THE DEPARTMENT; AND 16 (IV) COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT 17 REQUIREMENTS IMPOSED UNDER SECTIONS 3814 AND 3815. 18 (3) FOR A THIRD OR SUBSEQUENT OFFENSE, TO: 19 (I) UNDERGO IMPRISONMENT OF NOT LESS THAN TEN DAYS 20 NOR MORE THAN TWO YEARS; 21 (II) PAY A FINE OF NOT LESS THAN $500 NOR MORE THAN 22 $5,000; AND 23 (III) COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT 24 REQUIREMENTS IMPOSED UNDER SECTIONS 3814 AND 3815. 25 (B) HIGH RATE OF BLOOD ALCOHOL; MINORS; COMMERCIAL VEHICLES 26 AND SCHOOL BUSES AND SCHOOL VEHICLES; ACCIDENTS.--EXCEPT AS SET 27 FORTH IN SUBSECTION (C), AN INDIVIDUAL WHO VIOLATES SECTION 28 3802(A)(1) WHERE THERE WAS AN ACCIDENT RESULTING IN BODILY 29 INJURY, SERIOUS BODILY INJURY OR DEATH OF ANY PERSON OR IN 30 DAMAGE TO A VEHICLE OR OTHER PROPERTY OR WHO VIOLATES SECTION 20030S0008B1078 - 47 -
1 3802(B), (E) OR (F) SHALL BE SENTENCED AS FOLLOWS: 2 (1) FOR A FIRST OFFENSE, TO: 3 (I) UNDERGO IMPRISONMENT OF NOT LESS THAN 72 4 CONSECUTIVE HOURS NOR MORE THAN SIX MONTHS; 5 (II) PAY A FINE OF NOT LESS THAN $500 NOR MORE THAN 6 $5,000; 7 (III) ATTEND AN ALCOHOL HIGHWAY SAFETY SCHOOL 8 APPROVED BY THE DEPARTMENT; AND 9 (IV) COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT 10 REQUIREMENTS IMPOSED UNDER SECTIONS 3814 AND 3815. 11 (2) FOR A SECOND OFFENSE, TO: 12 (I) UNDERGO IMPRISONMENT OF NOT LESS THAN 30 DAYS 13 NOR MORE THAN SIX MONTHS; 14 (II) PAY A FINE OF NOT LESS THAN $750 NOR MORE THAN 15 $5,000; 16 (III) ATTEND AN ALCOHOL HIGHWAY SAFETY SCHOOL 17 APPROVED BY THE DEPARTMENT; AND 18 (IV) COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT 19 REQUIREMENTS IMPOSED UNDER SECTIONS 3814 AND 3815. 20 (3) FOR A THIRD OFFENSE, TO: 21 (I) UNDERGO IMPRISONMENT OF NOT LESS THAN 120 DAYS 22 NOR MORE THAN FIVE YEARS; 23 (II) PAY A FINE OF NOT LESS THAN $1,500 NOR MORE 24 THAN $10,000; AND 25 (III) COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT 26 REQUIREMENTS IMPOSED UNDER SECTIONS 3814 AND 3815. 27 (4) FOR A FOURTH OR SUBSEQUENT OFFENSE, TO: 28 (I) UNDERGO IMPRISONMENT OF NOT LESS THAN ONE YEAR 29 NOR MORE THAN FIVE YEARS; 30 (II) PAY A FINE OF NOT LESS THAN $1,500 NOR MORE 20030S0008B1078 - 48 -
1 THAN $10,000; AND 2 (III) COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT 3 REQUIREMENTS IMPOSED UNDER SECTIONS 3814 AND 3815. 4 (C) INCAPACITY; HIGHEST BLOOD ALCOHOL; CONTROLLED 5 SUBSTANCES.--AN INDIVIDUAL CONVICTED OF VIOLATING SECTION 6 3802(A)(1) AFTER HAVING REFUSED TESTING OF BLOOD OR BREATH OR OF 7 VIOLATING SECTION 3802(C) OR (D) SHALL BE SENTENCED AS FOLLOWS: 8 (1) FOR A FIRST OFFENSE, TO: 9 (I) UNDERGO IMPRISONMENT OF NOT LESS THAN SEVEN 10 CONSECUTIVE DAYS NOR MORE THAN SIX MONTHS; 11 (II) PAY A FINE OF NOT LESS THAN $1,000 NOR MORE 12 THAN $5,000; 13 (III) ATTEND AN ALCOHOL HIGHWAY SAFETY SCHOOL 14 APPROVED BY THE DEPARTMENT; AND 15 (IV) COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT 16 REQUIREMENTS IMPOSED UNDER SECTIONS 3814 AND 3815. 17 (2) FOR A SECOND OFFENSE, TO: 18 (I) UNDERGO IMPRISONMENT OF NOT LESS THAN 90 DAYS 19 NOR MORE THAN FIVE YEARS; 20 (II) PAY A FINE OF NOT LESS THAN $1,500; 21 (III) ATTEND AN ALCOHOL HIGHWAY SAFETY SCHOOL 22 APPROVED BY THE DEPARTMENT; AND 23 (IV) COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT 24 REQUIREMENTS IMPOSED UNDER SECTIONS 3814 AND 3815. 25 (3) FOR A THIRD OR SUBSEQUENT OFFENSE, TO: 26 (I) UNDERGO IMPRISONMENT OF NOT LESS THAN ONE YEAR 27 NOR MORE THAN FIVE YEARS; 28 (II) PAY A FINE OF NOT LESS THAN $2,500; AND 29 (III) COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT 30 REQUIREMENTS IMPOSED UNDER SECTIONS 3814 AND 3815. 20030S0008B1078 - 49 -
1 (D) EXTENDED SUPERVISION OF COURT.--WHERE A PERSON IS 2 SENTENCED PURSUANT TO THIS CHAPTER AND FOLLOWING THE INITIAL 3 ASSESSMENT REQUIRED BY SECTION 3814(1), THE PERSON IS DETERMINED 4 TO BE IN NEED OF ADDITIONAL TREATMENT PURSUANT TO SECTION 5 3814(2), THE JUDGE SHALL IMPOSE A MINIMUM SENTENCE AS PROVIDED 6 BY LAW AND A MAXIMUM SENTENCE EQUAL TO THE STATUTORILY AVAILABLE 7 MAXIMUM. 8 (E) SUSPENSION OF OPERATING PRIVILEGES UPON CONVICTION.-- 9 (1) THE DEPARTMENT SHALL SUSPEND THE OPERATING PRIVILEGE 10 OF AN INDIVIDUAL UNDER PARAGRAPH (2) UPON RECEIVING A 11 CERTIFIED RECORD OF THE INDIVIDUAL'S CONVICTION OF OR AN 12 ADJUDICATION OF DELINQUENCY FOR: 13 (I) AN OFFENSE UNDER SECTION 3802; OR 14 (II) A SUBSTANTIALLY SIMILAR OFFENSE REPORTED TO THE 15 DEPARTMENT UNDER ARTICLE III OF THE COMPACT IN SECTION 16 1581 (RELATING TO DRIVER'S LICENSE COMPACT). 17 (2) SUSPENSION UNDER PARAGRAPH (1)(I) SHALL BE IN 18 ACCORDANCE WITH THE FOLLOWING: 19 (I) EXCEPT AS PROVIDED FOR IN SUBPARAGRAPH (III), 12 20 MONTHS FOR AN UNGRADED MISDEMEANOR OR MISDEMEANOR OF THE 21 SECOND DEGREE UNDER THIS CHAPTER. 22 (II) 24 MONTHS FOR A MISDEMEANOR OF THE FIRST DEGREE 23 UNDER THIS CHAPTER. 24 (III) THERE SHALL BE NO SUSPENSION FOR AN UNGRADED 25 MISDEMEANOR UNDER SECTION 3802(A) WHERE THE PERSON HAS NO 26 PRIOR OFFENSE. 27 (3) SUSPENSION IMPOSED UNDER PARAGRAPH (1)(II) SHALL BE 28 IN ACCORDANCE WITH THE FOLLOWING: 29 (I) EXCEPT AS SET FORTH IN SUBPARAGRAPH (II), THE 30 PERIOD SHALL BE SIX MONTHS. 20030S0008B1078 - 50 -
1 (II) IF THE INDIVIDUAL HAS A PRIOR OFFENSE AS 2 DEFINED BY SECTION 3806(A) (RELATING TO PRIOR OFFENSES), 3 THE PERIOD SHALL BE ONE YEAR. 4 (III) NOTWITHSTANDING ANY PROVISION OF LAW OR 5 ENFORCEMENT AGREEMENT TO THE CONTRARY, A SUSPENSION 6 IMPOSED PURSUANT TO PARAGRAPH (1)(II) SHALL DATE FROM AND 7 RUN CONCURRENTLY TO ANY SUSPENSION IMPOSED BY THE 8 REPORTING PARTY STATE. 9 (F) COMMUNITY SERVICE ASSIGNMENTS.--IN ADDITION TO THE 10 PENALTIES SET FORTH IN THIS SECTION, THE SENTENCING JUDGE MAY 11 IMPOSE UP TO 150 HOURS OF COMMUNITY SERVICE. WHERE THE 12 INDIVIDUAL HAS BEEN ORDERED TO DRUG AND ALCOHOL TREATMENT 13 PURSUANT TO SECTIONS 3814 AND 3815, THE COMMUNITY SERVICE SHALL 14 BE CERTIFIED BY THE DRUG AND ALCOHOL TREATMENT PROGRAM AS 15 CONSISTENT WITH ANY DRUG AND ALCOHOL TREATMENT REQUIREMENTS 16 IMPOSED UNDER SECTIONS 3814 AND 3815. 17 (G) COURT-ORDERED IGNITION INTERLOCK.--IF THE PERSON HAS A 18 PRIOR OFFENSE AS DEFINED IN SECTION 3806(A), THE COURT SHALL 19 ORDER THE DEPARTMENT TO REQUIRE AN IGNITION INTERLOCK SYSTEM 20 UNDER SECTION 3805 (RELATING TO IGNITION INTERLOCK). 21 (H) SENTENCING GUIDELINES.--THE SENTENCING GUIDELINES 22 PROMULGATED BY THE PENNSYLVANIA COMMISSION ON SENTENCING SHALL 23 NOT SUPERSEDE THE MANDATORY PENALTIES OF THIS SECTION. 24 (I) APPEAL.--THE COMMONWEALTH HAS THE RIGHT TO APPEAL 25 DIRECTLY TO THE SUPERIOR COURT ANY ORDER OF COURT WHICH IMPOSES 26 A SENTENCE FOR VIOLATION OF THIS SECTION WHICH DOES NOT MEET THE 27 REQUIREMENTS OF THIS SECTION. THE SUPERIOR COURT SHALL REMAND 28 THE CASE TO THE SENTENCING COURT FOR IMPOSITION OF A SENTENCE IN 29 ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. 30 (J) FIRST CLASS CITIES.--NOTWITHSTANDING THE PROVISION FOR 20030S0008B1078 - 51 -
1 DIRECT APPEAL TO THE SUPERIOR COURT, IF, IN A CITY OF THE FIRST 2 CLASS, A PERSON APPEALS FROM A JUDGMENT OF SENTENCE UNDER THIS 3 SECTION FROM THE MUNICIPAL COURT TO THE COMMON PLEAS COURT FOR A 4 TRIAL DE NOVO, THE COMMONWEALTH SHALL HAVE THE RIGHT TO APPEAL 5 DIRECTLY TO THE SUPERIOR COURT FROM THE ORDER OF THE COMMON 6 PLEAS COURT IF THE SENTENCE IMPOSED IS IN VIOLATION OF THIS 7 SECTION. IF, IN A CITY OF THE FIRST CLASS, A PERSON APPEALS TO 8 THE COURT OF COMMON PLEAS AFTER CONVICTION OF A VIOLATION OF 9 THIS SECTION IN THE MUNICIPAL COURT AND THEREAFTER WITHDRAWS HIS 10 APPEAL TO THE COMMON PLEAS COURT, THEREBY REINSTATING THE 11 JUDGMENT OF SENTENCE OF THE MUNICIPAL COURT, THE COMMONWEALTH 12 SHALL HAVE 30 DAYS FROM THE DATE OF THE WITHDRAWAL TO APPEAL TO 13 THE SUPERIOR COURT IF THE SENTENCE IS IN VIOLATION OF THIS 14 SECTION. 15 § 3805. IGNITION INTERLOCK. 16 (A) GENERAL RULE.--WHERE A PERSON VIOLATES SECTION 3802 17 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED 18 SUBSTANCE) AND HAS A PRIOR OFFENSE AS DEFINED IN SECTION 3806(A) 19 (RELATING TO PRIOR OFFENSES) AND THE PERSON SEEKS A RESTORATION 20 OF OPERATING PRIVILEGES, THE DEPARTMENT SHALL REQUIRE AS A 21 CONDITION OF ISSUING A RESTRICTED LICENSE PURSUANT TO THIS 22 SECTION THAT ANY OF THE FOLLOWING OCCUR: 23 (1) EACH MOTOR VEHICLE OWNED BY THE PERSON OR REGISTERED 24 TO THE PERSON HAS BEEN EQUIPPED WITH AN APPROVED IGNITION 25 INTERLOCK SYSTEM AND REMAINS SO FOR THE DURATION OF THE 26 RESTRICTED LICENSE PERIOD. 27 (2) IF THERE ARE NO VEHICLES OWNED BY THE PERSON OR 28 REGISTERED TO THE PERSON THAT THE PERSON SO CERTIFY TO THE 29 DEPARTMENT. A PERSON SO CERTIFYING SHALL BE DEEMED TO HAVE 30 SATISFIED THE REQUIREMENT THAT ALL VEHICLES OWNED BY THE 20030S0008B1078 - 52 -
1 PERSON OR REGISTERED TO THE PERSON BE EQUIPPED WITH AN 2 IGNITION INTERLOCK SYSTEM AS REQUIRED BY THIS SUBSECTION. 3 (B) APPLICATION FOR A RESTRICTED LICENSE.--A PERSON SUBJECT 4 TO THIS SECTION SHALL APPLY TO THE DEPARTMENT FOR AN IGNITION 5 INTERLOCK RESTRICTED LICENSE UNDER SECTION 1951 (RELATING TO 6 DRIVER'S LICENSE AND LEARNER'S PERMIT), WHICH SHALL BE CLEARLY 7 MARKED TO RESTRICT THE PERSON TO OPERATING ONLY MOTOR VEHICLES 8 EQUIPPED WITH AN APPROVED IGNITION INTERLOCK SYSTEM. UPON 9 ISSUANCE OF AN IGNITION INTERLOCK RESTRICTED LICENSE TO ANY 10 PERSON, THE DEPARTMENT SHALL NOTIFY THE PERSON THAT UNTIL THE 11 PERSON OBTAINS AN UNRESTRICTED LICENSE THE PERSON MAY NOT OWN, 12 REGISTER OR OPERATE ANY VEHICLE WHICH IS NOT EQUIPPED WITH AN 13 APPROVED IGNITION INTERLOCK SYSTEM. 14 (C) ISSUANCE OF UNRESTRICTED LICENSE.--ONE YEAR FROM THE 15 DATE OF ISSUANCE OF AN IGNITION INTERLOCK RESTRICTED LICENSE 16 UNDER THIS SECTION, IF OTHERWISE ELIGIBLE, A PERSON MAY APPLY 17 FOR A REPLACEMENT LICENSE UNDER SECTION 1951(D) THAT DOES NOT 18 CONTAIN THE IGNITION INTERLOCK SYSTEM RESTRICTION. 19 (D) PROHIBITION.--UNTIL THE PERSON OBTAINS AN UNRESTRICTED 20 LICENSE, THE PERSON MAY NOT OWN, REGISTER OR OPERATE ANY MOTOR 21 VEHICLE ON A HIGHWAY WITHIN THIS COMMONWEALTH UNLESS THE MOTOR 22 VEHICLE IS EQUIPPED WITH AN APPROVED IGNITION INTERLOCK SYSTEM. 23 (E) ECONOMIC HARDSHIP EXEMPTION.--A PERSON SUBJECT TO THE 24 REQUIREMENTS OF SUBSECTION (A) MAY APPLY TO THE DEPARTMENT FOR A 25 HARDSHIP EXEMPTION TO THE REQUIREMENT THAT AN IGNITION INTERLOCK 26 SYSTEM MUST BE INSTALLED IN EACH OF THE PERSON'S MOTOR VEHICLES. 27 WHERE THE DEPARTMENT DETERMINES THAT THE APPLICANT ESTABLISHES 28 THAT SUCH A REQUIREMENT WOULD RESULT IN UNDUE FINANCIAL 29 HARDSHIP, THE DEPARTMENT MAY PERMIT THE APPLICANT TO INSTALL AN 30 IGNITION INTERLOCK SYSTEM ON ONLY ONE OF THE APPLICANT'S 20030S0008B1078 - 53 -
1 VEHICLES. HOWEVER, THE APPLICANT IN ACCORDANCE WITH SECTION 3808 2 (RELATING TO ILLEGALLY OPERATING A MOTOR VEHICLE NOT EQUIPPED 3 WITH IGNITION INTERLOCK) SHALL BE PROHIBITED FROM DRIVING ANY 4 VEHICLE, INCLUDING ANY OF THE APPLICANT'S VEHICLES, WITHOUT AN 5 IGNITION INTERLOCK SYSTEM. 6 (F) EMPLOYMENT EXEMPTION.--IF A PERSON WITH A RESTRICTED 7 LICENSE IS REQUIRED IN THE COURSE AND SCOPE OF EMPLOYMENT TO 8 OPERATE A MOTOR VEHICLE OWNED BY THE PERSON'S EMPLOYER, THE 9 FOLLOWING APPLY: 10 (1) EXCEPT AS SET FORTH IN PARAGRAPH (2), THE PERSON MAY 11 OPERATE THAT MOTOR VEHICLE IN THE COURSE AND SCOPE OF 12 EMPLOYMENT WITHOUT INSTALLATION OF AN IGNITION INTERLOCK 13 SYSTEM IF: 14 (I) THE EMPLOYER HAS BEEN NOTIFIED THAT THE EMPLOYEE 15 IS RESTRICTED; AND 16 (II) THE EMPLOYEE HAS PROOF OF THE NOTIFICATION IN 17 THE EMPLOYEE'S POSSESSION WHILE OPERATING THE EMPLOYER'S 18 MOTOR VEHICLE. 19 (2) PARAGRAPH (1) DOES NOT APPLY IN ANY OF THE FOLLOWING 20 CIRCUMSTANCES: 21 (I) TO THE EXTENT THAT AN EMPLOYER-OWNED MOTOR 22 VEHICLE IS MADE AVAILABLE TO THE EMPLOYEE FOR PERSONAL 23 USE. 24 (II) IF THE EMPLOYER-OWNED MOTOR VEHICLE IS OWNED BY 25 AN ENTITY WHICH IS WHOLLY OR PARTIALLY OWNED BY THE 26 PERSON SUBJECT TO THIS SECTION. 27 § 3806. PRIOR OFFENSES. 28 (A) GENERAL RULE.--EXCEPT AS SET FORTH IN SUBSECTION (B), 29 THE TERM "PRIOR OFFENSE" AS USED IN THIS CHAPTER SHALL MEAN A 30 CONVICTION, ADJUDICATION OF DELINQUENCY, JUVENILE CONSENT 20030S0008B1078 - 54 -
1 DECREE, ACCEPTANCE OF ACCELERATED REHABILITATIVE DISPOSITION OR 2 OTHER FORM OF PRELIMINARY DISPOSITION BEFORE THE SENTENCING ON 3 THE PRESENT VIOLATION FOR ANY OF THE FOLLOWING: 4 (1) AN OFFENSE UNDER FORMER SECTION 3731 (RELATING TO 5 DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE); 6 (2) AN OFFENSE UNDER SECTION 3802 (RELATING TO DRIVING 7 UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE); 8 (3) AN OFFENSE SUBSTANTIALLY SIMILAR TO AN OFFENSE UNDER 9 PARAGRAPHS (1) OR (2) IN ANOTHER JURISDICTION; OR 10 (4) ANY COMBINATION OF THE OFFENSES SET FORTH IN 11 PARAGRAPHS (1), (2) OR (3). 12 (B) EXCEPTIONS.--FOR PURPOSES OF SECTION 3804 (RELATING TO 13 PENALTIES), THE CALCULATION OF PRIOR AND SUBSEQUENT OFFENSES 14 SHALL INCLUDE ANY CONVICTION, ADJUDICATION OF DELINQUENCY, 15 JUVENILE CONSENT DECREE, ACCEPTANCE OF ACCELERATED 16 REHABILITATIVE DISPOSITION OR OTHER FORM OF PRELIMINARY 17 DISPOSITION WITHIN THE TEN YEARS BEFORE THE PRESENT VIOLATION 18 OCCURRED FOR ANY OF THE FOLLOWING: 19 (1) AN OFFENSE UNDER FORMER SECTION 3731; 20 (2) AN OFFENSE UNDER SECTION 3802; 21 (3) AN OFFENSE SUBSTANTIALLY SIMILAR TO AN OFFENSE UNDER 22 PARAGRAPH (1) OR (2) IN ANOTHER JURISDICTION; OR 23 (4) ANY COMBINATION OF THE OFFENSES SET FORTH IN 24 PARAGRAPH (1), (2) OR (3). 25 § 3807. ACCELERATED REHABILITATIVE DISPOSITION. 26 (A) ELIGIBILITY.-- 27 (1) EXCEPT AS SET FORTH IN PARAGRAPH (2), A DEFENDANT 28 CHARGED WITH A VIOLATION OF SECTION 3802 (RELATING TO DRIVING 29 UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE) MAY BE 30 CONSIDERED BY THE ATTORNEY FOR THE COMMONWEALTH FOR 20030S0008B1078 - 55 -
1 PARTICIPATION IN AN ACCELERATED REHABILITATIVE DISPOSITION 2 PROGRAM IN A COUNTY IF THE PROGRAM INCLUDES THE MINIMUM 3 REQUIREMENTS CONTAINED IN THIS SECTION. 4 (2) THE ATTORNEY FOR THE COMMONWEALTH SHALL NOT SUBMIT A 5 CHARGE BROUGHT UNDER THIS CHAPTER FOR ACCELERATED 6 REHABILITATIVE DISPOSITION IF ANY OF THE FOLLOWING APPLY: 7 (I) THE DEFENDANT HAS BEEN FOUND GUILTY OF OR 8 ACCEPTED ACCELERATED REHABILITATIVE DISPOSITION OF A 9 CHARGE BROUGHT UNDER SECTION 3802 WITHIN TEN YEARS OF THE 10 DATE OF THE CURRENT OFFENSE UNLESS THE CHARGE WAS FOR AN 11 UNGRADED MISDEMEANOR UNDER SECTION 3802(A)(2) AND WAS THE 12 DEFENDANT'S FIRST OFFENSE UNDER SECTION 3802. 13 (II) AN ACCIDENT OCCURRED IN CONNECTION WITH THE 14 EVENTS SURROUNDING THE CURRENT OFFENSE AND AN INDIVIDUAL 15 OTHER THAN THE DEFENDANT WAS KILLED OR SUFFERED SERIOUS 16 BODILY INJURY AS A RESULT OF THE ACCIDENT. 17 (III) THERE WAS A PASSENGER UNDER 14 YEARS OF AGE IN 18 THE VEHICLE THE DEFENDANT WAS OPERATING. 19 (B) EVALUATION AND TREATMENT.-- 20 (1) A DEFENDANT OFFERED ACCELERATED REHABILITATIVE 21 DISPOSITION FOR A VIOLATION OF SECTION 3802 IS, AS A 22 CONDITION OF PARTICIPATION IN THE PROGRAM, SUBJECT TO THE 23 FOLLOWING REQUIREMENTS IN ADDITION TO ANY OTHER CONDITIONS OF 24 PARTICIPATION IMPOSED BY THE COURT: 25 (I) THE DEFENDANT MUST ATTEND AND SUCCESSFULLY 26 COMPLETE AN ALCOHOL HIGHWAY SAFETY SCHOOL ESTABLISHED 27 UNDER SECTION 1549 (RELATING TO ESTABLISHMENT OF 28 SCHOOLS). A PARTICIPATING DEFENDANT SHALL BE GIVEN BOTH 29 ORAL AND WRITTEN NOTICE OF THE PROVISIONS OF SECTION 30 1543(B) (RELATING TO DRIVING WHILE OPERATING PRIVILEGE IS 20030S0008B1078 - 56 -
1 SUSPENDED OR REVOKED). 2 (II) PRIOR TO RECEIVING ACCELERATED REHABILITATIVE 3 DISPOSITION OR OTHER PRELIMINARY DISPOSITION, THE 4 DEFENDANT MUST BE EVALUATED UNDER SECTION 3816(A) 5 (RELATING TO REQUIREMENTS FOR DRIVING UNDER INFLUENCE 6 OFFENDERS) TO DETERMINE THE EXTENT OF THE DEFENDANT'S 7 INVOLVEMENT WITH ALCOHOL OR OTHER DRUG AND TO ASSIST THE 8 COURT IN DETERMINING WHAT CONDITIONS OF ACCELERATED 9 REHABILITATIVE DISPOSITION WOULD BENEFIT THE DEFENDANT 10 AND THE PUBLIC. IF THE EVALUATION INDICATES THERE IS A 11 NEED FOR COUNSELING OR TREATMENT, THE DEFENDANT SHALL BE 12 SUBJECT TO A FULL ASSESSMENT FOR ALCOHOL AND DRUG 13 ADDICTION IN ACCORDANCE WITH THE PROVISIONS OF SECTION 14 3814(3) AND (4) (RELATING TO DRUG AND ALCOHOL 15 ASSESSMENTS). 16 (III) IF THE DEFENDANT IS ASSESSED UNDER 17 SUBPARAGRAPH (II) TO BE IN NEED OF TREATMENT, THE 18 DEFENDANT MUST PARTICIPATE AND COOPERATE WITH A LICENSED 19 ALCOHOL OR DRUG ADDICTION TREATMENT PROGRAM. THE LEVEL 20 AND DURATION OF TREATMENT SHALL BE IN ACCORDANCE WITH THE 21 RECOMMENDATIONS WITH THE FULL ASSESSMENT. NOTHING IN THIS 22 SUBPARAGRAPH SHALL PREVENT A TREATMENT PROGRAM FROM 23 REFUSING TO ACCEPT A DEFENDANT IF THE PROGRAM 24 ADMINISTRATOR DEEMS THE DEFENDANT TO BE INAPPROPRIATE FOR 25 ADMISSION TO THE PROGRAM. A TREATMENT PROGRAM SHALL 26 RETAIN THE RIGHT TO IMMEDIATELY DISCHARGE INTO THE 27 CUSTODY OF THE PROBATION OFFICER AN OFFENDER WHO FAILS TO 28 COMPLY WITH PROGRAM RULES AND TREATMENT EXPECTATIONS OR 29 REFUSES TO CONSTRUCTIVELY ENGAGE IN THE TREATMENT 30 PROCESS. 20030S0008B1078 - 57 -
1 (IV) THE DEFENDANT MUST REMAIN SUBJECT TO COURT 2 SUPERVISION FOR SIX MONTHS. 3 (V) THE DEFENDANT MUST MAKE RESTITUTION TO ANY 4 PERSON THAT INCURRED DETERMINABLE FINANCIAL LOSS AS A 5 RESULT OF THE DEFENDANT'S ACTIONS WHICH RESULTED IN THE 6 OFFENSE. RESTITUTION MUST BE SUBJECT TO COURT 7 SUPERVISION. 8 (VI) THE DEFENDANT MUST PAY THE REASONABLE COSTS OF 9 A MUNICIPAL CORPORATION IN CONNECTION WITH THE OFFENSE. 10 FEES IMPOSED UNDER THIS SUBPARAGRAPH SHALL BE DISTRIBUTED 11 TO THE AFFECTED MUNICIPAL CORPORATION. 12 (VII) THE DEFENDANT MUST PAY ANY OTHER FEE, 13 SURCHARGE OR COST REQUIRED BY LAW. EXCEPT AS SET FORTH IN 14 SUBPARAGRAPH (VI) OR (VIII), A FEE OR FINANCIAL CONDITION 15 IMPOSED BY A JUDGE AS A CONDITION OF ACCELERATED 16 REHABILITATIVE DISPOSITION OR ANY OTHER PRELIMINARY 17 DISPOSITION OF ANY CHARGE UNDER THIS CHAPTER SHALL BE 18 DISTRIBUTED AS PROVIDED FOR IN 42 PA.C.S. §§ 3571 19 (RELATING TO COMMONWEALTH PORTION OF FINES, ETC.) AND 20 3573 (RELATING TO MUNICIPAL CORPORATION PORTION OF FINES, 21 ETC.). 22 (VIII) THE DEFENDANT MUST PAY THE COSTS OF 23 COMPLIANCE WITH SUBPARAGRAPHS (I), (II) AND (III). 24 (2) THE DEFENDANT SHALL BE SUBJECT TO A FULL ASSESSMENT 25 FOR ALCOHOL AND DRUG ADDICTION IF ANY OF THE FOLLOWING APPLY: 26 (I) THE EVALUATION UNDER PARAGRAPH (1)(II) INDICATES 27 A LIKELIHOOD THAT THE DEFENDANT IS ADDICTED TO ALCOHOL OR 28 OTHER DRUGS. 29 (II) THE DEFENDANT'S BLOOD ALCOHOL CONTENT AT THE 30 TIME OF THE OFFENSE WAS AT LEAST .16%. 20030S0008B1078 - 58 -
1 (3) THE ASSESSMENT UNDER PARAGRAPH (2) SHALL BE 2 CONDUCTED BY ONE OF THE FOLLOWING: 3 (I) THE DEPARTMENT OF HEALTH OR ITS DESIGNEE. 4 (II) THE COUNTY AGENCY WITH RESPONSIBILITY FOR 5 COUNTY DRUG AND ALCOHOL PROGRAMS OR ITS DESIGNEE. 6 (III) THE CLINICAL PERSONNEL OF A FACILITY LICENSED 7 BY THE DEPARTMENT OF HEALTH FOR THE CONDUCT OF DRUG AND 8 ALCOHOL ADDICTION TREATMENT PROGRAMS. 9 (4) THE ASSESSMENT UNDER PARAGRAPH (2) SHALL CONSIDER 10 ISSUES OF PUBLIC SAFETY AND SHALL INCLUDE RECOMMENDATIONS FOR 11 ALL OF THE FOLLOWING: 12 (I) LENGTH OF STAY. 13 (II) LEVELS OF CARE. 14 (III) FOLLOW-UP CARE AND MONITORING. 15 (C) INSURANCE.--IF AN INDIVIDUAL WHO IS A SUBSCRIBER TO A 16 HEALTH INSURANCE, HEALTH MAINTENANCE ORGANIZATION OR OTHER 17 HEALTH PLAN THAT IS DOING BUSINESS IN THIS COMMONWEALTH, THE 18 INDIVIDUAL MAY NOT BE DEPRIVED OF ALCOHOL AND OTHER DRUG ABUSE 19 AND ADDICTION TREATMENT OR COVERAGE WITHIN THE SCOPE OF THAT 20 PLAN DUE TO THE IDENTIFICATION OF AN ALCOHOL OR OTHER DRUG 21 PROBLEM WHICH OCCURS AS A RESULT OF AN ASSESSMENT UNDER THIS 22 SECTION. 23 (D) MANDATORY SUSPENSION OF OPERATING PRIVILEGES.--AS A 24 CONDITION OF PARTICIPATION IN AN ACCELERATED REHABILITATIVE 25 DISPOSITION PROGRAM, THE COURT SHALL ORDER THE DEFENDANT'S 26 LICENSE SUSPENDED AS FOLLOWS: 27 (1) THERE SHALL BE NO LICENSE SUSPENSION IF THE 28 DEFENDANT'S BLOOD ALCOHOL CONCENTRATION AT THE TIME OF 29 TESTING WAS LESS THAN .10%. 30 (2) FOR 30 DAYS, IF THE DEFENDANT'S BLOOD ALCOHOL 20030S0008B1078 - 59 -
1 CONCENTRATION AT THE TIME OF TESTING WAS AT LEAST .10% BUT 2 LESS THAN .16%. 3 (3) FOR 60 DAYS, IF: 4 (I) THE DEFENDANT'S BLOOD ALCOHOL CONCENTRATION AT 5 THE TIME OF TESTING WAS .16% OR HIGHER; 6 (II) THE DEFENDANT'S BLOOD ALCOHOL CONCENTRATION IS 7 NOT KNOWN; OR 8 (III) AN ACCIDENT WHICH RESULTED IN BODILY INJURY OR 9 IN DAMAGE TO A VEHICLE OR OTHER PROPERTY OCCURRED IN 10 CONNECTION WITH THE EVENTS SURROUNDING THE CURRENT 11 OFFENSE. 12 (E) FAILURE TO COMPLY.-- 13 (1) A DEFENDANT WHO FAILS TO COMPLETE ANY OF THE 14 CONDITIONS OF PARTICIPATION CONTAINED IN THIS SECTION SHALL 15 BE DEEMED TO HAVE UNSUCCESSFULLY PARTICIPATED IN AN 16 ACCELERATED REHABILITATIVE DISPOSITION PROGRAM, AND THE 17 CRIMINAL RECORD UNDERLYING PARTICIPATION IN THE PROGRAM SHALL 18 NOT BE EXPUNGED. 19 (2) THE COURT SHALL DIRECT THE ATTORNEY FOR THE 20 COMMONWEALTH TO PROCEED ON THE CHARGES AS PRESCRIBED IN THE 21 RULES OF CRIMINAL PROCEDURE IF THE DEFENDANT: 22 (I) FAILS TO MEET ANY OF THE REQUIREMENTS OF THIS 23 SECTION; 24 (II) IS CHARGED WITH OR COMMITS AN OFFENSE UNDER 18 25 PA.C.S (RELATING TO CRIMES AND OFFENSES); OR 26 (III) VIOLATES ANY OTHER CONDITION IMPOSED BY THE 27 COURT. 28 § 3808. ILLEGALLY OPERATING A MOTOR VEHICLE NOT EQUIPPED WITH 29 IGNITION INTERLOCK. 30 (A) OFFENSE DEFINED.-- 20030S0008B1078 - 60 -
1 (1) AN INDIVIDUAL REQUIRED TO OPERATE ONLY A MOTOR 2 VEHICLE EQUIPPED WITH AN APPROVED IGNITION INTERLOCK SYSTEM 3 UNDER SECTION 1553(D.2) (RELATING TO OCCUPATIONAL LIMITED 4 LICENSE) OR 3805 (RELATING TO IGNITION INTERLOCK) WHO 5 OPERATES A MOTOR VEHICLE ON A HIGHWAY OF THIS COMMONWEALTH 6 WITHOUT SUCH A SYSTEM COMMITS A SUMMARY OFFENSE AND SHALL, 7 UPON CONVICTION, BE SENTENCED TO PAY A FINE OF NOT LESS THAN 8 $300 AND NOT MORE THAN $1,000 AND TO IMPRISONMENT FOR NOT 9 MORE THAN 90 DAYS. 10 (2) AN INDIVIDUAL REQUIRED TO OPERATE ONLY A MOTOR 11 VEHICLE EQUIPPED WITH AN IGNITION INTERLOCK SYSTEM UNDER 12 SECTION 1553(D.2) OR 3805 WHO OPERATES A MOTOR VEHICLE ON A 13 HIGHWAY OF THIS COMMONWEALTH WITHOUT SUCH A SYSTEM AND WHO 14 HAS AN AMOUNT OF ALCOHOL BY WEIGHT IN HIS BLOOD THAT IS EQUAL 15 TO OR GREATER THAN .02% OR WHO HAS ANY AMOUNT OF A SCHEDULE 16 I, II OR III CONTROLLED SUBSTANCE, AS DEFINED IN THE IN THE 17 ACT OF APRIL 14, 1972 (P.L.233, NO.64), KNOWN AS THE 18 CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT, OR ITS 19 METABOLITE, WHICH HAS NOT BEEN MEDICALLY PRESCRIBED FOR THE 20 INDIVIDUAL COMMITS A SUMMARY OFFENSE AND SHALL, UPON 21 CONVICTION, BE SENTENCED TO PAY A FINE OF $1,000 AND TO 22 UNDERGO IMPRISONMENT FOR A PERIOD OF NOT LESS THAN 90 DAYS. 23 (B) TAMPERING WITH AN INTERLOCK SYSTEM.--A PERSON THAT 24 TAMPERS WITH AN IGNITION INTERLOCK SYSTEM REQUIRED BY LAW 25 COMMITS A SUMMARY OFFENSE AND SHALL, UPON CONVICTION, BE 26 SENTENCED TO PAY A FINE OF NOT LESS THAN $300 NOR MORE THAN 27 $1,000 AND TO UNDERGO IMPRISONMENT FOR NOT MORE THAN 90 DAYS. 28 THE TERM "TAMPERING" IN ADDITION TO ANY PHYSICAL ACT WHICH IS 29 INTENDED TO ALTER OR INTERFERE WITH THE PROPER FUNCTIONING OF AN 30 IGNITION INTERLOCK DEVICE REQUIRED BY LAW SHALL INCLUDE 20030S0008B1078 - 61 -
1 ATTEMPTING TO CIRCUMVENT OR BYPASS OR CIRCUMVENTING OR BYPASSING 2 AN IGNITION INTERLOCK DEVICE BY: 3 (1) MEANS OF USING ANOTHER INDIVIDUAL TO PROVIDE A 4 BREATH SAMPLE; OR 5 (2) PROVIDING A BREATH SAMPLE FOR THE PURPOSE OF 6 BYPASSING AN IGNITION INTERLOCK DEVICE REQUIRED BY LAW. 7 (C) REVOCATION OF OPERATING PRIVILEGE.--UPON RECEIVING A 8 CERTIFIED RECORD OF THE CONVICTION OF AN INDIVIDUAL UNDER THIS 9 SECTION, THE DEPARTMENT SHALL REVOKE THE INDIVIDUAL'S OPERATING 10 PRIVILEGE FOR A PERIOD OF ONE YEAR. 11 § 3809. RESTRICTION ON ALCOHOLIC BEVERAGES. 12 (A) GENERAL RULE.--EXCEPT AS SET FORTH IN SUBSECTION (B), AN 13 INDIVIDUAL WHO IS AN OPERATOR OR AN OCCUPANT IN A MOTOR VEHICLE 14 MAY NOT BE IN POSSESSION OF AN OPEN ALCOHOLIC BEVERAGE CONTAINER 15 OR CONSUME A CONTROLLED SUBSTANCE AS DEFINED IN THE ACT OF APRIL 16 14, 1972 (P.L.233, NO.64), KNOWN AS THE CONTROLLED SUBSTANCE, 17 DRUG, DEVICE AND COSMETIC ACT, OR AN ALCOHOLIC BEVERAGE IN A 18 MOTOR VEHICLE WHILE THE MOTOR VEHICLE IS LOCATED ON A HIGHWAY IN 19 THIS COMMONWEALTH. 20 (B) EXCEPTION.--THIS SECTION DOES NOT PROHIBIT POSSESSION OR 21 CONSUMPTION BY ANY OF THE FOLLOWING: 22 (1) A PASSENGER IN THE PASSENGER AREA OF A MOTOR VEHICLE 23 DESIGNED, MAINTAINED OR USED PRIMARILY FOR THE LAWFUL 24 TRANSPORTATION OF PERSONS FOR COMPENSATION. THIS PARAGRAPH 25 INCLUDES BUSES, TAXIS AND LIMOUSINES. 26 (2) AN INDIVIDUAL IN THE LIVING QUARTERS OF A HOUSE 27 COACH OR HOUSE TRAILER. 28 (C) PENALTY.--AN INDIVIDUAL WHO VIOLATES THIS SECTION 29 COMMITS A SUMMARY OFFENSE. 30 § 3810. AUTHORIZED USE NOT A DEFENSE. 20030S0008B1078 - 62 -
1 THE FACT THAT A PERSON CHARGED WITH VIOLATING THIS CHAPTER IS 2 OR HAS BEEN LEGALLY ENTITLED TO USE ALCOHOL OR CONTROLLED 3 SUBSTANCES IS NOT A DEFENSE TO A CHARGE OF VIOLATING THIS 4 CHAPTER. 5 § 3811. CERTAIN ARRESTS AUTHORIZED. 6 (A) WARRANT NOT REQUIRED.--IN ADDITION TO ANY OTHER POWERS 7 OF ARREST, A POLICE OFFICER IS AUTHORIZED TO ARREST AN 8 INDIVIDUAL WITHOUT A WARRANT IF THE OFFICER HAS PROBABLE CAUSE 9 TO BELIEVE THAT THE INDIVIDUAL HAS VIOLATED SECTION 3802 10 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED 11 SUBSTANCE), REGARDLESS OF WHETHER THE ALLEGED VIOLATION WAS 12 COMMITTED IN THE PRESENCE OF THE POLICE OFFICER. 13 (B) TERRITORY.--THE AUTHORITY UNDER SUBSECTION (A) EXTENDS 14 TO ANY HOSPITAL OR OTHER MEDICAL TREATMENT FACILITY LOCATED 15 BEYOND THE TERRITORIAL LIMITS OF THE POLICE OFFICER'S POLITICAL 16 SUBDIVISION AT WHICH AN INDIVIDUAL TO BE ARRESTED IS FOUND OR 17 WAS TAKEN OR REMOVED FOR PURPOSES OF EMERGENCY TREATMENT, 18 EXAMINATION OR EVALUATION AS LONG AS THERE IS PROBABLE CAUSE TO 19 BELIEVE THAT THE VIOLATION OF SECTION 3802 OCCURRED WITHIN THE 20 POLICE OFFICER'S POLITICAL SUBDIVISION. 21 § 3812. PRELIMINARY HEARING OR ARRAIGNMENT. 22 THE PRESIDING JUDICIAL OFFICER AT THE PRELIMINARY HEARING OR 23 PRELIMINARY ARRAIGNMENT RELATING TO A CHARGE OF A VIOLATION OF 24 SECTION 3802 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR 25 CONTROLLED SUBSTANCE) SHALL NOT REDUCE OR MODIFY THE ORIGINAL 26 CHARGES WITHOUT THE CONSENT OF THE ATTORNEY FOR THE 27 COMMONWEALTH. 28 § 3813. WORK RELEASE. 29 IN ANY CASE IN WHICH AN INDIVIDUAL IS SENTENCED TO A PERIOD 30 OF IMPRISONMENT AS A RESULT OF A CONVICTION FOR VIOLATING A 20030S0008B1078 - 63 -
1 PROVISION OF THIS CHAPTER, THE JUDICIAL OFFICER IMPOSING THE 2 SENTENCE SHALL CONSIDER ASSIGNING THAT INDIVIDUAL TO A DAYTIME 3 WORK RELEASE PROGRAM. ANY WORK RELEASE PROGRAM PERMITTED UNDER 4 THIS SECTION SHALL BE CERTIFIED BY THE DRUG AND ALCOHOL 5 TREATMENT PROGRAM ADMINISTRATION AS BEING CONSISTENT WITH ANY 6 DRUG AND ALCOHOL TREATMENT REQUIREMENTS IMPOSED UNDER SECTION 7 3814 (RELATING TO DRUG AND ALCOHOL ASSESSMENTS). 8 § 3814. DRUG AND ALCOHOL ASSESSMENTS. 9 IF A DEFENDANT IS CONVICTED OR PLEADS GUILTY OR NO CONTEST TO 10 A VIOLATION OF SECTION 3802 (RELATING TO DRIVING UNDER INFLUENCE 11 OF ALCOHOL OR CONTROLLED SUBSTANCE), THE FOLLOWING APPLY PRIOR 12 TO SENTENCING: 13 (1) THE DEFENDANT SHALL BE EVALUATED UNDER SECTION 14 3816(A) (RELATING TO REQUIREMENTS FOR DRIVING UNDER INFLUENCE 15 OFFENDERS) AND ANY OTHER ADDITIONAL EVALUATION TECHNIQUES 16 DEEMED APPROPRIATE BY THE COURT TO DETERMINE THE EXTENT OF 17 THE DEFENDANT'S INVOLVEMENT WITH ALCOHOL OR OTHER DRUG AND TO 18 ASSIST THE COURT IN DETERMINING WHAT TYPE OF SENTENCE WOULD 19 BENEFIT THE DEFENDANT AND THE PUBLIC. 20 (2) THE DEFENDANT SHALL BE SUBJECT TO A FULL ASSESSMENT 21 FOR ALCOHOL AND DRUG ADDICTION IF ALL OF THE FOLLOWING 22 SUBPARAGRAPHS APPLY: 23 (I) THE DEFENDANT, WITHIN TEN YEARS PRIOR TO THE 24 OFFENSE FOR WHICH SENTENCE IS BEING IMPOSED, HAS BEEN 25 SENTENCED FOR AN OFFENSE UNDER: 26 (A) FORMER SECTION 3731 (RELATING TO DRIVING 27 UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE); 28 (B) SECTION 3802; OR 29 (C) AN EQUIVALENT OFFENSE IN ANOTHER 30 JURISDICTION. 20030S0008B1078 - 64 -
1 (II) EITHER: 2 (A) THE EVALUATION UNDER PARAGRAPH (1) INDICATES 3 THERE IS A NEED FOR COUNSELING OR TREATMENT; OR 4 (B) THE DEFENDANT'S BLOOD ALCOHOL CONTENT AT THE 5 TIME OF THE OFFENSE WAS AT LEAST .16%. 6 (3) THE ASSESSMENT UNDER PARAGRAPH (2) SHALL BE 7 CONDUCTED BY ONE OF THE FOLLOWING: 8 (I) THE DEPARTMENT OF HEALTH OR ITS DESIGNEE. 9 (II) THE COUNTY AGENCY WITH RESPONSIBILITY FOR 10 COUNTY DRUG AND ALCOHOL PROGRAMS OR ITS DESIGNEE. 11 (III) THE CLINICAL PERSONNEL OF A FACILITY LICENSED 12 BY THE DEPARTMENT OF HEALTH FOR THE CONDUCT OF DRUG AND 13 ALCOHOL ADDICTION TREATMENT PROGRAMS. 14 (4) THE ASSESSMENT UNDER PARAGRAPH (2) SHALL CONSIDER 15 ISSUES OF PUBLIC SAFETY AND SHALL INCLUDE RECOMMENDATIONS FOR 16 ALL OF THE FOLLOWING: 17 (I) LENGTH OF STAY. 18 (II) LEVELS OF CARE. 19 (III) FOLLOW-UP CARE AND MONITORING. 20 § 3815. MANDATORY SENTENCING. 21 (A) COUNTY SUPERVISION.--NOTWITHSTANDING THE LENGTH OF ANY 22 MAXIMUM TERM OF IMPRISONMENT REQUIRED BY SECTION 3804 (RELATING 23 TO PENALTIES), THE SENTENCING JUDGE MAY SUBJECT THE OFFENDER TO 24 THE SUPERVISION OF THE COUNTY PAROLE SYSTEM. 25 (B) PAROLE.-- 26 (1) AN OFFENDER WHO IS DETERMINED PURSUANT TO SECTION 27 3814 (RELATING TO DRUG AND ALCOHOL ASSESSMENTS) TO BE IN NEED 28 OF DRUG AND ALCOHOL TREATMENT SHALL BE ELIGIBLE FOR PAROLE IN 29 ACCORDANCE WITH THE TERMS AND CONDITIONS PRESCRIBED IN THIS 30 SECTION FOLLOWING THE EXPIRATION OF THE OFFENDER'S MANDATORY 20030S0008B1078 - 65 -
1 MINIMUM TERM OF IMPRISONMENT. 2 (2) THE FOLLOWING SHALL BE CONDITIONS OF PAROLE: 3 (I) IF THE OFFENDER IS NOT DETERMINED UNDER THE 4 PROCEDURES SET FORTH IN SECTION 3814 TO BE ADDICTED TO 5 ALCOHOL OR ANOTHER SUBSTANCE, THE OFFENDER MUST REFRAIN 6 FROM: 7 (A) THE USE OF ILLEGAL CONTROLLED SUBSTANCES; 8 AND 9 (B) THE ABUSE OF PRESCRIPTION DRUGS, OVER-THE- 10 COUNTER DRUGS OR ANY OTHER SUBSTANCES. 11 (II) IF THE OFFENDER IS DETERMINED UNDER THE 12 PROCEDURES SET FORTH IN SECTION 3814 TO BE ADDICTED TO 13 ALCOHOL OR ANOTHER SUBSTANCE, THE OFFENDER MUST DO ALL OF 14 THE FOLLOWING: 15 (A) REFRAIN FROM: 16 (I) THE USE OF ALCOHOL OR ILLEGAL CONTROLLED 17 SUBSTANCES; AND 18 (II) THE ABUSE OF PRESCRIPTION DRUGS, OVER- 19 THE-COUNTER DRUGS OR ANY OTHER SUBSTANCES. 20 (B) PARTICIPATE IN AND COOPERATE WITH DRUG AND 21 ALCOHOL ADDICTION TREATMENT UNDER SUBSECTION (C). 22 (C) TREATMENT.-- 23 (1) TREATMENT MUST CONFORM TO ASSESSMENT RECOMMENDATIONS 24 MADE UNDER SECTION 3814. 25 (2) TREATMENT MUST BE CONDUCTED BY A DRUG AND ALCOHOL 26 ADDICTION TREATMENT PROGRAM LICENSED BY THE DEPARTMENT OF 27 HEALTH. 28 (3) THE TREATMENT PROGRAM SHALL REPORT PERIODICALLY TO 29 THE ASSIGNED PAROLE OFFICER ON THE OFFENDER'S PROGRESS IN THE 30 TREATMENT PROGRAM. THE TREATMENT PROGRAM SHALL PROMPTLY 20030S0008B1078 - 66 -
1 NOTIFY THE PAROLE OFFICER IF THE OFFENDER: 2 (I) FAILS TO COMPLY WITH PROGRAM RULES AND TREATMENT 3 EXPECTATIONS; 4 (II) REFUSES TO CONSTRUCTIVELY ENGAGE IN THE 5 TREATMENT PROCESS; OR 6 (III) WITHOUT AUTHORIZATION TERMINATES PARTICIPATION 7 IN THE TREATMENT PROGRAM. 8 (4) UPON NOTIFICATION UNDER PARAGRAPH (3), THE PAROLE 9 OFFICER SHALL REPORT THE OFFENDER'S ACTIONS TO THE PAROLE 10 AUTHORITY AND TO THE DEPARTMENT FOR COMPLIANCE WITH SECTION 11 1553(E) (RELATING TO OCCUPATIONAL LIMITED LICENSE). THE 12 PAROLE AUTHORITY SHALL SCHEDULE A REVOCATION HEARING TO 13 CONSIDER RECOMMENDATIONS OF THE PAROLE OFFICER AND THE 14 TREATMENT PROGRAM. 15 (5) NOTHING IN THIS SUBSECTION SHALL PREVENT A TREATMENT 16 PROGRAM FROM REFUSING TO ACCEPT AN OFFENDER IF THE PROGRAM 17 ADMINISTRATOR DEEMS THE OFFENDER TO BE INAPPROPRIATE FOR 18 ADMISSION TO THE PROGRAM. A TREATMENT PROGRAM SHALL RETAIN 19 THE RIGHT TO IMMEDIATELY DISCHARGE INTO THE CUSTODY OF THE 20 ASSIGNED PAROLE OFFICER AN OFFENDER WHO FAILS TO COMPLY WITH 21 PROGRAM RULES AND TREATMENT EXPECTATIONS OR REFUSES TO 22 CONSTRUCTIVELY ENGAGE IN THE TREATMENT PROCESS. 23 (D) ENFORCEMENT.-- 24 (1) THIS SUBSECTION APPLIES TO AN OFFENDER ORDERED TO 25 PARTICIPATE IN A TREATMENT PROGRAM UNDER SUBSECTION 26 (B)(2)(II) WHO: 27 (I) FAILS TO COMPLY WITH PROGRAM RULES AND TREATMENT 28 EXPECTATIONS; 29 (II) REFUSES TO CONSTRUCTIVELY ENGAGE IN THE 30 TREATMENT PROCESS; OR 20030S0008B1078 - 67 -
1 (III) TERMINATES PARTICIPATION IN THE TREATMENT 2 PROGRAM WITHOUT AUTHORIZATION. 3 (2) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ALL OF 4 THE FOLLOWING APPLY TO AN OFFENDER UNDER PARAGRAPH (1): 5 (I) THE OFFENDER'S PAROLE, PRERELEASE, WORK RELEASE 6 OR ANY OTHER RELEASE STATUS SHALL BE REVOKED. 7 (II) THE OFFENDER SHALL BE INELIGIBLE FOR PAROLE, 8 PRERELEASE, WORK RELEASE OR ANY OTHER RELEASE FROM THE 9 CORRECTIONAL FACILITY PRIOR TO THE EXPIRATION OF THE 10 OFFENDER'S MAXIMUM TERM UNLESS THE OFFENDER IS PERMITTED 11 TO BE READMITTED TO A TREATMENT PROGRAM. 12 (3) NOTHING IN THIS SUBSECTION SHALL BE CONSTRUED TO 13 GRANT A LEGAL RIGHT TO PAROLE TO AN OFFENDER PREVIOUSLY 14 INELIGIBLE FOR PAROLE, ON THE GROUNDS THAT THE OFFENDER IS 15 CURRENTLY PREPARED TO PARTICIPATE IN, COMPLY WITH AND 16 CONSTRUCTIVELY ENGAGE IN THE TREATMENT PROCESS. UNDER SUCH 17 CIRCUMSTANCES, PAROLE OR REPAROLE OF THE OFFENDER SHALL BE AT 18 THE PAROLE AUTHORITY'S DISCRETION. 19 (E) FOLLOW-UP.--AFTER AN OFFENDER HAS COMPLETED THE 20 TREATMENT PROGRAM UNDER SUBSECTION (C), THE PAROLE OFFICER SHALL 21 TAKE REASONABLE STEPS TO ENSURE THAT THE OFFENDER DOES NOT ABUSE 22 ALCOHOL, USE ILLEGAL CONTROLLED SUBSTANCES OR ABUSE PRESCRIPTION 23 DRUGS, OVER-THE-COUNTER DRUGS OR ANY OTHER SUCH SUBSTANCES. 24 THESE REASONABLE STEPS INCLUDE REQUIRING CHEMICAL TESTING AND 25 PERIODIC REASSESSMENT OF THE OFFENDER BY THE TREATMENT PROGRAM. 26 (F) FEES.-- 27 (1) EXCEPT AS SET FORTH IN PARAGRAPH (2), THE PAROLE 28 AUTHORITY SHALL IMPOSE UPON AN OFFENDER SUBJECT TO THIS 29 SECTION REASONABLE FEES TO COVER THE COST OF ANY OF THE 30 FOLLOWING: 20030S0008B1078 - 68 -
1 (I) CHEMICAL TESTING OF THE OFFENDER REQUIRED UNDER 2 THIS SECTION. 3 (II) AN ASSESSMENT OF THE OFFENDER REQUIRED UNDER 4 THIS SECTION. 5 (III) DRUG OR ALCOHOL TREATMENT PROVIDED IN 6 ACCORDANCE WITH THE ASSESSMENT. 7 (2) IF THE PAROLE AUTHORITY FINDS THE OFFENDER TO BE 8 UNABLE TO PAY THE FULL AMOUNT OF THE FEES REQUIRED BY 9 PARAGRAPH (1) AND SECTION 1541(D) (RELATING TO PERIOD OF 10 DISQUALIFICATION, REVOCATION OR SUSPENSION OF OPERATING 11 PRIVILEGE), IT SHALL REQUIRE THE OFFENDER TO PAY AS MUCH OF 12 THE FEE AS IS CONSISTENT WITH THE OFFENDER'S ABILITY TO PAY 13 AND SHALL DIRECT THE ASSIGNED PAROLE OFFICER TO ESTABLISH A 14 REASONABLE PAYMENT SCHEDULE FOR THE OFFENDER TO PAY AS MUCH 15 OF THE REMAINING FEES AS IS CONSISTENT WITH THE OFFENDER'S 16 ABILITY TO PAY. 17 (G) INSURANCE.--IF AN INDIVIDUAL WHO IS A SUBSCRIBER TO A 18 HEALTH INSURANCE, HEALTH MAINTENANCE ORGANIZATION OR OTHER 19 HEALTH PLAN THAT IS DOING BUSINESS IN THIS COMMONWEALTH, THE 20 INDIVIDUAL MAY NOT BE DEPRIVED OF ALCOHOL AND OTHER DRUG ABUSE 21 AND ADDICTION TREATMENT OR COVERAGE WITHIN THE SCOPE OF THAT 22 PLAN DUE TO THE IDENTIFICATION OF AN ALCOHOL OR OTHER DRUG 23 PROBLEM WHICH OCCURS AS A RESULT OF AN ASSESSMENT UNDER THIS 24 SECTION. 25 (H) ADDITIONAL FUNDING.--IN ORDER TO SUPPORT AND AUGMENT THE 26 DIAGNOSTIC ASSESSMENT AND TREATMENT SERVICES PROVIDED UNDER THIS 27 SECTION, THE DEPARTMENT OF HEALTH, THE DEPARTMENT AND THE 28 PENNSYLVANIA COMMISSION ON CRIME AND DELINQUENCY SHALL SEEK ALL 29 AVAILABLE FEDERAL FUNDING, INCLUDING FUNDS AVAILABLE THROUGH THE 30 UNITED STATES NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION AND 20030S0008B1078 - 69 -
1 THE DEPARTMENT OF HEALTH AND HUMAN SERVICES. 2 § 3816. REQUIREMENTS FOR DRIVING UNDER INFLUENCE OFFENDERS. 3 (A) EVALUATION USING COURT REPORTING NETWORK.--IN ADDITION 4 TO ANY OTHER REQUIREMENTS OF THE COURT, EVERY PERSON CONVICTED 5 OF A VIOLATION OF SECTION 3802 (RELATING TO DRIVING UNDER 6 INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE) AND EVERY PERSON 7 OFFERED ACCELERATED REHABILITATIVE DISPOSITION AS A RESULT OF A 8 CHARGE OF A VIOLATION OF SECTION 3802 SHALL, PRIOR TO SENTENCING 9 OR RECEIVING ACCELERATED REHABILITATIVE DISPOSITION OR OTHER 10 PRELIMINARY DISPOSITION, BE EVALUATED USING COURT REPORTING 11 NETWORK INSTRUMENTS ISSUED BY THE DEPARTMENT AND ANY OTHER 12 ADDITIONAL EVALUATION TECHNIQUES DEEMED APPROPRIATE BY THE COURT 13 TO DETERMINE THE EXTENT OF THE PERSON'S INVOLVEMENT WITH ALCOHOL 14 OR CONTROLLED SUBSTANCES AND TO ASSIST THE COURT IN DETERMINING 15 WHAT SENTENCING, PROBATION OR CONDITIONS OF ACCELERATED 16 REHABILITATIVE DISPOSITION WOULD BENEFIT THE PERSON OR THE 17 PUBLIC. 18 (B) COURT-ORDERED INTERVENTION OR TREATMENT.--A RECORD SHALL 19 BE SUBMITTED TO THE DEPARTMENT AS TO WHETHER THE COURT DID OR 20 DID NOT ORDER A DEFENDANT TO ATTEND DRUG AND ALCOHOL TREATMENT 21 PURSUANT TO THE REQUIREMENTS OF SECTIONS 3804 (RELATING TO 22 PENALTIES), 3814 (RELATING TO DRUG AND ALCOHOL ASSESSMENTS) AND 23 3815 (RELATING TO MANDATORY SENTENCING). IF THE COURT ORDERS 24 TREATMENT, A REPORT SHALL BE FORWARDED TO THE DEPARTMENT AS TO 25 WHETHER THE DEFENDANT SUCCESSFULLY COMPLETED THE PROGRAM. IF A 26 DEFENDANT FAILS TO SUCCESSFULLY COMPLETE A PROGRAM OF TREATMENT 27 AS ORDERED BY THE COURT, THE SUSPENSION SHALL REMAIN IN EFFECT 28 UNTIL THE DEPARTMENT IS NOTIFIED BY THE COURT THAT THE DEFENDANT 29 HAS SUCCESSFULLY COMPLETED TREATMENT AND THE DEFENDANT IS 30 OTHERWISE ELIGIBLE FOR RESTORATION OF HIS OPERATING PRIVILEGE. 20030S0008B1078 - 70 -
1 IN ORDER TO IMPLEMENT THE RECORDKEEPING REQUIREMENTS OF THIS 2 SECTION, THE DEPARTMENT AND THE COURT SHALL WORK TOGETHER TO 3 EXCHANGE PERTINENT INFORMATION ABOUT A DEFENDANT'S CASE, 4 INCLUDING ATTENDANCE AND COMPLETION OF TREATMENT OR FAILURE TO 5 COMPLETE TREATMENT. 6 § 3817. REPORTING REQUIREMENTS FOR OFFENSES. 7 (A) REQUIREMENT.--THE DEPARTMENT SHALL MAKE AN ANNUAL REPORT 8 ON THE ADMINISTRATION OF THIS CHAPTER. THE DEPARTMENT, THE 9 COURTS AND THE PENNSYLVANIA SENTENCING COMMISSION SHALL WORK 10 TOGETHER TO EXCHANGE PERTINENT INFORMATION NECESSARY TO COMPLETE 11 THIS REPORT. 12 (B) CONTENTS.--THE REPORT SHALL INCLUDE: 13 (1) THE NUMBER OF OFFENDERS. 14 (2) THE NUMBER OF OFFENDERS SUBJECT TO SECTION 3815 15 (RELATING TO MANDATORY SENTENCING). 16 (3) THE NUMBER OF OFFENDERS SENT TO TREATMENT FOR 17 ALCOHOL AND DRUG PROBLEMS AND ADDICTION. 18 (4) THE NAMES OF THE TREATMENT FACILITIES PROVIDING 19 TREATMENT AND THE LEVEL OF CARE AND LENGTH OF STAY IN 20 TREATMENT. 21 (5) THE NUMBER OF OFFENDERS SUCCESSFULLY COMPLETING 22 TREATMENT. 23 (6) THE NUMBER OF SUSPENDED LICENSES RETURNED AFTER 24 COMPLETION OF TREATMENT. 25 (7) THE NUMBER OF FIRST, SECOND, THIRD AND SUBSEQUENT 26 OFFENDERS. 27 (C) RECIPIENTS.--THE ANNUAL REPORT SHALL BE SUBMITTED TO THE 28 JUDICIARY COMMITTEE, PUBLIC HEALTH AND WELFARE COMMITTEE AND 29 TRANSPORTATION COMMITTEE OF THE SENATE; THE HEALTH AND HUMAN 30 SERVICES COMMITTEE, JUDICIARY COMMITTEE AND TRANSPORTATION 20030S0008B1078 - 71 -
1 COMMITTEE OF THE HOUSE OF REPRESENTATIVES; AND THE BUREAU OF 2 DRUG AND ALCOHOL PROGRAMS. THE REPORT SHALL BE MADE AVAILABLE TO 3 THE PUBLIC. 4 SECTION 20. SECTION 6109(A)(1) AND (F) OF TITLE 75 ARE 5 AMENDED AND THE SECTION IS AMENDED BY ADDING A SUBSECTION TO 6 READ: 7 § 6109. SPECIFIC POWERS OF DEPARTMENT AND LOCAL AUTHORITIES. 8 (A) ENUMERATION OF POLICE POWERS.--THE PROVISIONS OF THIS 9 TITLE SHALL NOT BE DEEMED TO PREVENT THE DEPARTMENT ON STATE- 10 DESIGNATED HIGHWAYS AND LOCAL AUTHORITIES ON STREETS OR HIGHWAYS 11 WITHIN THEIR PHYSICAL BOUNDARIES FROM THE REASONABLE EXERCISE OF 12 THEIR POLICE POWERS. THE FOLLOWING ARE PRESUMED TO BE REASONABLE 13 EXERCISES OF POLICE POWER: 14 (1) [REGULATING] EXCEPT AS LIMITED BY SUBSECTION (G), 15 REGULATING OR PROHIBITING STOPPING, STANDING OR PARKING. 16 * * * 17 (F) DELEGATION OF POWERS AUTHORIZED.--[NOTHING] EXCEPT AS 18 SET FORTH IN SUBSECTION (G), NOTHING CONTAINED IN THIS SECTION 19 SHALL BE DEEMED TO PREVENT LOCAL AUTHORITIES BY ORDINANCE OR 20 RESOLUTION OF THE LOCAL GOVERNING BODY FROM DELEGATING THEIR 21 POWERS UNDER SUBSECTION (A)(1) OR (22) TO A PARKING AUTHORITY 22 ESTABLISHED PURSUANT TO [THE ACT OF JUNE 5, 1947 (P.L.458, 23 NO.208), KNOWN AS THE "PARKING AUTHORITY LAW."] 53 PA.C.S. CH. 24 55 (RELATING TO PARKING AUTHORITIES). 25 (G) DELEGATION OF POWERS IN CITIES OF THE FIRST CLASS.-- 26 (1) NOTWITHSTANDING ANY CONTRARY PROVISION OF 53 PA.C.S. 27 CH. 55 OR THIS TITLE, THE PARKING AUTHORITY OF A CITY OF THE 28 FIRST CLASS SHALL ENFORCE AND ADMINISTER ALL ORDINANCES AND 29 RESOLUTIONS ENACTED OR ADOPTED BY THE CITY OF THE FIRST CLASS 30 PURSUANT TO THE POWERS SPECIFIED UNDER SUBSECTION (A)(1). 20030S0008B1078 - 72 -
1 (2) AS USED IN THIS SUBSECTION, THE FOLLOWING WORDS AND 2 PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS 3 PARAGRAPH: 4 "ADMINISTER." TO PROVIDE ANY SERVICES OR MATERIALS 5 NECESSARY TO ENFORCE ANY ORDINANCE OR RESOLUTION ENACTED IN 6 ORDER TO REGULATE OR PROHIBIT THE STOPPING, STANDING OR 7 PARKING OF MOTOR VEHICLES IN A CITY OF THE FIRST CLASS, 8 INCLUDING, BUT NOT LIMITED TO: 9 (I) THE INSTALLATION AND MAINTENANCE OF ALL 10 EQUIPMENT, INCLUDING PARKING METERS, ON AND ALONG 11 HIGHWAYS, STREETS AND ROADWAYS. 12 (II) THE INSTALLATION AND MAINTENANCE OF ALL 13 SIGNAGE, INCLUDING SIGNAGE FOR HANDICAPPED PARKING, 14 RESIDENTIAL PERMIT PARKING AND LOADING AREAS, ON AND 15 ALONG HIGHWAYS, STREETS AND ROADWAYS. 16 (III) THE OPERATION AND MANAGEMENT OF ANY 17 HANDICAPPED PARKING, RESIDENTIAL PARKING AND LOADING AREA 18 PERMIT PROGRAMS. 19 (IV) THE ADJUDICATION OF ALL DISPUTED PARKING 20 VIOLATION NOTICES OR CITATIONS ISSUED THROUGH ENFORCEMENT 21 BY THE PARKING AUTHORITY IN A CITY OF THE FIRST CLASS OR 22 THE POLICE DEPARTMENT WITH JURISDICTION OVER THE CITY OF 23 THE FIRST CLASS. 24 "ENFORCE." THE ISSUANCE OF PARKING VIOLATION NOTICES OR 25 CITATIONS, THE IMMOBILIZATION, TOWING AND IMPOUNDMENT OF 26 MOTOR VEHICLES AND THE COLLECTION OF FINES, PENALTIES AND 27 COSTS FOR VIOLATIONS OF ANY ORDINANCE OR RESOLUTION ENACTED 28 IN ORDER TO REGULATE OR PROHIBIT THE STOPPING, STANDING OR 29 PARKING OF MOTOR VEHICLES IN A CITY OF THE FIRST CLASS. 30 SECTION 21. SECTIONS 6308(B) AND 6506(A) AND (B) OF TITLE 75 20030S0008B1078 - 73 -
1 ARE AMENDED TO READ: 2 § 6308. INVESTIGATION BY POLICE OFFICERS. 3 * * * 4 (B) AUTHORITY OF POLICE OFFICER.--WHENEVER A POLICE OFFICER 5 IS ENGAGED IN A SYSTEMATIC PROGRAM OF CHECKING VEHICLES OR 6 DRIVERS OR HAS [ARTICULABLE AND REASONABLE GROUNDS TO SUSPECT A 7 VIOLATION OF THIS TITLE,] REASONABLE SUSPICION THAT A VIOLATION 8 OF THIS TITLE IS OCCURRING OR HAS OCCURRED, HE MAY STOP A 9 VEHICLE, UPON REQUEST OR SIGNAL, FOR THE PURPOSE OF CHECKING THE 10 VEHICLE'S REGISTRATION, PROOF OF FINANCIAL RESPONSIBILITY, 11 VEHICLE IDENTIFICATION NUMBER OR ENGINE NUMBER OR THE DRIVER'S 12 LICENSE, OR TO SECURE SUCH OTHER INFORMATION AS THE OFFICER MAY 13 REASONABLY BELIEVE TO BE NECESSARY TO ENFORCE THE PROVISIONS OF 14 THIS TITLE. 15 * * * 16 § 6506. SURCHARGE. 17 (A) LEVY AND IMPOSITION.--IN ADDITION TO ANY FINES, FEES OR 18 PENALTIES LEVIED OR IMPOSED AS PROVIDED BY LAW, UNDER THIS TITLE 19 OR ANY OTHER STATUTE, A SURCHARGE SHALL BE LEVIED FOR 20 DISPOSITION IN ACCORDANCE WITH SUBSECTION (B) AS FOLLOWS: 21 (1) UPON CONVICTION FOR ANY VIOLATION OF THE PROVISIONS 22 OF THIS TITLE OR OTHER STATUTE OF THE COMMONWEALTH, OR 23 REGULATIONS PROMULGATED UNDER THIS TITLE, WHICH IS A TRAFFIC 24 VIOLATION AND WHICH IS NOT INCLUDED WITHIN THE PROVISIONS OF 25 PARAGRAPHS (2) THROUGH (7), EXCLUSIVE OF PARKING OFFENSES, A 26 SURCHARGE OF $30. 27 (2) UPON CONVICTION FOR A VIOLATION OF THE FOLLOWING 28 PROVISIONS OF THIS TITLE, A SURCHARGE OF $40: 29 (I) SECTION 3306(A)(1) (RELATING TO LIMITATIONS ON 30 DRIVING ON LEFT SIDE OF ROADWAY). 20030S0008B1078 - 74 -
1 (II) SECTION 3745 (RELATING TO ACCIDENTS INVOLVING 2 DAMAGE TO UNATTENDED VEHICLE OR PROPERTY). 3 (3) UPON CONVICTION FOR A VIOLATION OF SECTION 3345(A) 4 (RELATING TO MEETING OR OVERTAKING SCHOOL BUS), A SURCHARGE 5 OF $50. 6 (4) UPON CONVICTION FOR A VIOLATION OF SECTION 3362 7 (RELATING TO MAXIMUM SPEED LIMITS), THE FOLLOWING APPLICABLE 8 SURCHARGE: 9 (I) $30 FOR EXCEEDING THE MAXIMUM SPEED LIMIT BY 6 10 TO 10 MILES PER HOUR OR 11 TO 15 MILES PER HOUR. 11 (II) $40 FOR EXCEEDING THE MAXIMUM SPEED LIMIT BY 16 12 TO 25 MILES PER HOUR. 13 (III) $50 FOR EXCEEDING THE MAXIMUM SPEED LIMIT BY 14 AT LEAST 26 MILES PER HOUR. 15 (5) UPON CONVICTION FOR VIOLATION OF SECTION 4902 16 (RELATING TO RESTRICTIONS ON USE OF HIGHWAYS AND BRIDGES), 17 SUBCHAPTER C OF CHAPTER 49 (RELATING TO MAXIMUM WEIGHTS OF 18 VEHICLES) OR SUBCHAPTER E OF CHAPTER 49 (RELATING TO 19 MEASURING AND ADJUSTING VEHICLE SIZE AND WEIGHT), A SURCHARGE 20 OF $150. 21 (6) UPON CONVICTION FOR VIOLATION OF CHAPTER 47 22 (RELATING TO INSPECTION OF VEHICLES), BY THE OWNER OR 23 OPERATOR OR DRIVER OF A VEHICLE WHICH IS SUBJECT TO THE 24 PROVISIONS OF CHAPTER 49 (RELATING TO SIZE, WEIGHT AND LOAD), 25 A SURCHARGE OF $30. 26 (7) UPON CONVICTION OF OFFENSES UNDER SECTION [3731] 27 3802 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR 28 CONTROLLED SUBSTANCE), OR UPON ADMISSION TO PROGRAMS FOR 29 ACCELERATED REHABILITATIVE DISPOSITION FOR OFFENSES 30 ENUMERATED IN SECTION [3731] 3802, A SURCHARGE, RESPECTIVELY, 20030S0008B1078 - 75 -
1 OF: 2 (I) $50 FOR THE FIRST OFFENSE. 3 (II) $100 FOR THE SECOND OFFENSE. 4 (III) $200 FOR THE THIRD OFFENSE. 5 (IV) $300 FOR THE FOURTH AND SUBSEQUENT OFFENSES. 6 THE PROVISIONS OF THIS SUBSECTION SHALL NOT APPLY TO ANY 7 VIOLATION COMMITTED BY THE OPERATOR OF A MOTORCYCLE, MOTOR- 8 DRIVEN CYCLE, PEDALCYCLE, MOTORIZED PEDALCYCLE OR RECREATIONAL 9 VEHICLE NOT INTENDED FOR HIGHWAY USE. 10 (8) UPON CONVICTION, IN A CITY OF THE FIRST CLASS, OF 11 ANY VIOLATION OF THIS TITLE, A SURCHARGE OF $10. 12 (B) DISPOSITION.-- 13 (1) NOTWITHSTANDING THE PROVISIONS OF 42 PA.C.S. §§ 3571 14 (RELATING TO COMMONWEALTH PORTION OF FINES, ETC.) AND 3573 15 (RELATING TO MUNICIPAL CORPORATION PORTION OF FINES, ETC.)[, 16 ALL]: 17 (I) ALL SURCHARGES LEVIED AND COLLECTED UNDER 18 SUBSECTION (A)(1) THROUGH (7) BY ANY DIVISION OF THE 19 UNIFIED JUDICIAL SYSTEM EXISTING UNDER SECTION 1 OF 20 ARTICLE V OF THE CONSTITUTION OF PENNSYLVANIA AND 42 21 PA.C.S. § 301 (RELATING TO UNIFIED JUDICIAL SYSTEM) SHALL 22 BE REMITTED TO THE COMMONWEALTH FOR DEPOSIT IN THE 23 CATASTROPHIC LOSS BENEFITS CONTINUATION FUND FOR THE 24 PURPOSE OF FUNDING CATASTROPHIC LOSS BENEFITS IN 25 ACCORDANCE WITH SECTION 1798.2 (RELATING TO TRANSITION). 26 (II) ALL SURCHARGES LEVIED AND COLLECTED UNDER 27 SUBSECTION (A)(8) BY SUCH DIVISION OF THE UNIFIED 28 JUDICIAL SYSTEM SHALL BE REMITTED TO THE APPROPRIATE 29 TOWING AND STORAGE AGENT AS SET FORTH IN SECTION 30 6309.2(E) (RELATING TO IMMOBILIZATION, TOWING AND STORAGE 20030S0008B1078 - 76 -
1 OF VEHICLE FOR DRIVING WITHOUT OPERATING PRIVILEGES OR 2 REGISTRATION) FOR PURPOSES OF FUNDING ITS COSTS 3 ASSOCIATED WITH SUBCHAPTER A OF CHAPTER 63 (RELATING TO 4 GENERAL PROVISIONS). 5 (III) IF THE SURCHARGE IS BEING PAID IN 6 INSTALLMENTS, THE SURCHARGE SHALL BE REMITTED ON EACH 7 INSTALLMENT. 8 (2) THE SURCHARGES LEVIED AND COLLECTED UNDER SUBSECTION 9 (A) SHALL NOT BE DEPOSITED FOR THE CREDIT OR USE OF, OR 10 OTHERWISE ALLOCATED, DIRECTED OR PAID TO, COUNTIES OR 11 MUNICIPALITIES UNDER THE PROVISIONS OF 42 PA.C.S. CH. 35 12 SUBCH. E (RELATING TO FINES, ETC.), OR ANY OTHER STATUTE, THE 13 CRIME VICTIM'S COMPENSATION BOARD UNDER SECTION 477.15(B) OF 14 THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS THE 15 ADMINISTRATIVE CODE OF 1929, THE COMMISSION ON CRIME AND 16 DELINQUENCY FOR VICTIM-WITNESS SERVICES GRANTS UNDER SECTION 17 477.15(C) OF THE ADMINISTRATIVE CODE OF 1929, RAPE CRISIS 18 CENTERS, THE EMERGENCY MEDICAL SERVICES OPERATING FUND, 19 DOMESTIC VIOLENCE SHELTERS, THE JUDICIAL COMPUTER SYSTEM 20 AUGMENTATION ACCOUNT ESTABLISHED UNDER 42 PA.C.S. CH. 37 21 SUBCH. C (RELATING TO JUDICIAL COMPUTER SYSTEM) OR UNDER ANY 22 OTHER STATUTE. 23 * * * 24 SECTION 22. THE ADDITION OF 75 PA.C.S. §§ 3814 AND 3815 25 SHALL APPLY AS FOLLOWS: 26 (1) EXCEPT AS SET FORTH IN PARAGRAPH (2) OR (3), AFTER 27 JUNE 30, 2009, FOR AN OFFENDER SENTENCED UNDER THIS CHAPTER. 28 (2) ON AND AFTER THE EFFECTIVE DATE OF THIS SECTION, FOR 29 AN OFFENDER SENTENCED FOR A MISDEMEANOR OF THE FIRST DEGREE. 30 (3) AFTER JUNE 30, 2006, FOR AN OFFENDER SENTENCED 20030S0008B1078 - 77 -
1 PURSUANT TO SECTION 3804(A)(3), (B)(2) AND (C)(1). 2 SECTION 23. THE DEPARTMENT OF TRANSPORTATION HAS THE 3 FOLLOWING DUTIES: 4 (1) IN ORDER TO IMPLEMENT THE ADDITION OF 75 PA.C.S. § 5 3805, THE FOLLOWING SHALL APPLY: 6 (I) THE DEPARTMENT SHALL ADOPT AND USE GUIDELINES, 7 WHICH SHALL BE PUBLISHED IN THE PENNSYLVANIA BULLETIN. 8 THE GUIDELINES SHALL NOT BE SUBJECT TO REVIEW UNDER 9 SECTION 205 OF THE ACT OF JULY 31, 1968 (P.L.769, 10 NO.240), REFERRED TO AS THE COMMONWEALTH DOCUMENTS LAW, 11 AND THE ACT OF JUNE 25, 1982 (P.L.633, NO.181), KNOWN AS 12 THE REGULATORY REVIEW ACT. 13 (II) BY SEPTEMBER 30, 2004, THE DEPARTMENT SHALL, IN 14 ACCORDANCE WITH LAW, PROMULGATE REGULATIONS TO REPLACE 15 THE GUIDELINES UNDER SUBPARAGRAPH (I). 16 (III) THE GUIDELINES UNDER SUBPARAGRAPH (I) SHALL: 17 (A) TAKE EFFECT SEPTEMBER 30, 2003, OR 18 IMMEDIATELY, WHICHEVER IS LATER; AND 19 (B) EXPIRE ON THE EARLIER OF: 20 (I) THE EFFECTIVE DATE OF REGULATIONS UNDER 21 SUBPARAGRAPH (II); OR 22 (II) SEPTEMBER 30, 2005. 23 (2) BY OCTOBER 1, 2004, THE DEPARTMENT SHALL PROMULGATE 24 REGULATIONS TO IMPLEMENT 75 PA.C.S. § 1549(B). 25 SECTION 24. THE ADDITION OF 75 PA.C.S CH. 38 IS A 26 CONTINUATION OF FORMER 75 PA.C.S. § 3731. THE REPEAL OF 75 27 PA.C.S. § 3731 SHALL NOT AFFECT OFFENSES COMMITTED PRIOR TO THE 28 EFFECTIVE DATE OF THIS SECTION. 29 SECTION 25. THIS ACT SHALL TAKE EFFECT AS FOLLOWS: 30 (1) THE FOLLOWING PROVISIONS SHALL TAKE EFFECT IN 60 20030S0008B1078 - 78 -
1 DAYS: 2 (I) THE AMENDMENT OF 75 PA.C.S. § 1332(B). 3 (II) THE ADDITION OF 75 PA.C.S. § 1332(C). 4 (III) THE AMENDMENT OF 75 PA.C.S. § 3116(L)(2) AND 5 (Q). 6 (IV) THE AMENDMENT OF 75 PA.C.S. § 6109(A)(1) AND 7 (F). 8 (V) THE ADDITION OF 75 PA.C.S. § 6109(G). 9 (VI) THE ADDITION OF 75 PA.C.S. § 6506(A)(8). 10 (VII) THE AMENDMENT OF 75 PA.C.S. § 6506(B). 11 (2) THE FOLLOWING PROVISIONS SHALL TAKE EFFECT 12 IMMEDIATELY: 13 (I) SECTION 23 OF THIS ACT. 14 (II) THIS SECTION. 15 (3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT 16 SEPTEMBER 30, 2003, OR IMMEDIATELY, WHICHEVER IS LATER. 17 SECTION 1. SECTIONS 6105(C)(3) AND 7508.1(B) AND (C) OF <-- 18 TITLE 18 OF THE PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED 19 TO READ: 20 SECTION 1. SECTION 6105(C)(3) OF TITLE 18 OF THE <-- 21 PENNSYLVANIA CONSOLIDATED STATUTES IS AMENDED TO READ: 22 § 6105. PERSONS NOT TO POSSESS, USE, MANUFACTURE, CONTROL, SELL 23 OR TRANSFER FIREARMS. 24 * * * 25 (C) OTHER PERSONS.--IN ADDITION TO ANY PERSON WHO HAS BEEN 26 CONVICTED OF ANY OFFENSE LISTED UNDER SUBSECTION (B), THE 27 FOLLOWING PERSONS SHALL BE SUBJECT TO THE PROHIBITION OF 28 SUBSECTION (A): 29 * * * 30 (3) A PERSON WHO HAS BEEN CONVICTED OF DRIVING UNDER THE 20030S0008B1078 - 79 -
1 INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE AS PROVIDED IN 2 75 PA.C.S. § [3731] 3802 (RELATING TO DRIVING UNDER INFLUENCE 3 OF ALCOHOL OR CONTROLLED SUBSTANCE) ON THREE OR MORE SEPARATE 4 OCCASIONS WITHIN A FIVE-YEAR PERIOD. FOR THE PURPOSES OF THIS 5 PARAGRAPH ONLY, THE PROHIBITION OF SUBSECTION (A) SHALL ONLY 6 APPLY TO TRANSFERS OR PURCHASES OF FIREARMS AFTER THE THIRD 7 CONVICTION. 8 * * * 9 SECTION 1.1. SECTION 7508.1(B) AND (C) OF TITLE 18, ADDED 10 DECEMBER 9, 2002 (P.L.1539, NO.198), IS AMENDED TO READ: 11 § 7508.1. SUBSTANCE ABUSE EDUCATION AND DEMAND REDUCTION FUND. 12 * * * 13 (B) IMPOSITION.--UNLESS THE COURT FINDS THAT UNDUE HARDSHIP 14 WOULD RESULT, A MANDATORY COST OF $100, WHICH SHALL BE IN 15 ADDITION TO ANY OTHER COSTS IMPOSED PURSUANT TO STATUTORY 16 AUTHORITY, SHALL AUTOMATICALLY BE ASSESSED ON ANY INDIVIDUAL 17 CONVICTED, ADJUDICATED DELINQUENT OR GRANTED ACCELERATED 18 REHABILITATIVE DISPOSITION OR ANY INDIVIDUAL WHO PLEADS GUILTY 19 OR NOLO CONTENDERE FOR A VIOLATION OF THE ACT OF APRIL 14, 1972 20 (P.L.233, NO.64), KNOWN AS THE CONTROLLED SUBSTANCE, DRUG, 21 DEVICE AND COSMETIC ACT, OR A VIOLATION OF 75 PA.C.S. § [3731] 22 3802 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR 23 CONTROLLED SUBSTANCE). 24 (C) ADDITIONAL ASSESSMENT.--IN ADDITION TO THE ASSESSMENT 25 REQUIRED BY SUBSECTION (B), A PERSON CONVICTED OF OR ADJUDICATED 26 DELINQUENT FOR A VIOLATION OF 75 PA.C.S. § [3731] 3802 SHALL BE 27 ASSESSED $200 WHERE THE AMOUNT OF ALCOHOL BY WEIGHT IN THE BLOOD 28 OF THE PERSON IS EQUAL TO OR GREATER THAN [.15%] .16% AT THE 29 TIME A CHEMICAL TEST IS PERFORMED ON A SAMPLE OF THE PERSON'S 30 BREATH, BLOOD OR URINE. FOR THE PURPOSES OF THIS SUBSECTION, THE 20030S0008B1078 - 80 -
1 SAMPLE OF THE PERSON'S BLOOD, BREATH OR URINE SHALL BE TAKEN 2 WITHIN [TWO] THREE HOURS AFTER THE PERSON IS PLACED UNDER 3 ARREST. 4 * * * 5 SECTION 2. SECTION 7514 OF TITLE 18 IS REPEALED. 6 SECTION 3. SECTION 5502(A)(4) AND (A.1)(1) OF TITLE 30 ARE 7 AMENDED TO READ: 8 § 5502. OPERATING WATERCRAFT UNDER INFLUENCE OF ALCOHOL OR 9 CONTROLLED SUBSTANCE. 10 (A) GENERAL RULE.--NO PERSON SHALL OPERATE OR BE IN ACTUAL 11 PHYSICAL CONTROL OF THE MOVEMENT OF A WATERCRAFT UPON, IN OR 12 THROUGH THE WATERS OF THIS COMMONWEALTH: 13 * * * 14 (4) WHILE THE AMOUNT OF ALCOHOL BY WEIGHT IN THE BLOOD 15 OF: 16 (I) AN ADULT IS [0.10%] 0.08% OR GREATER; OR 17 (II) A MINOR IS 0.02% OR GREATER. 18 (A.1) PRIMA FACIE EVIDENCE.-- 19 (1) IT IS PRIMA FACIE EVIDENCE THAT: 20 (I) AN ADULT HAD [0.10%] 0.08% OR MORE BY WEIGHT OF 21 ALCOHOL IN HIS OR HER BLOOD AT THE TIME OF OPERATING OR 22 BEING IN ACTUAL PHYSICAL CONTROL OF THE MOVEMENT OF A 23 WATERCRAFT IF THE AMOUNT OF ALCOHOL BY WEIGHT IN THE 24 BLOOD OF THE PERSON IS EQUAL TO OR GREATER THAN [0.10%] 25 0.08% AT THE TIME A CHEMICAL TEST IS PERFORMED ON A 26 SAMPLE OF THE PERSON'S BREATH, BLOOD OR URINE; AND 27 (II) A MINOR HAD 0.02% OR MORE BY WEIGHT OF ALCOHOL 28 IN HIS OR HER BLOOD AT THE TIME OF OPERATING OR BEING IN 29 ACTUAL PHYSICAL CONTROL OF THE MOVEMENT OF A WATERCRAFT 30 IF THE AMOUNT OF ALCOHOL BY WEIGHT IN THE BLOOD OF THE 20030S0008B1078 - 81 -
1 MINOR IS EQUAL TO OR GREATER THAN 0.02% AT THE TIME A 2 CHEMICAL TEST IS PERFORMED ON A SAMPLE OF THE PERSON'S 3 BREATH, BLOOD OR URINE. 4 * * * 5 SECTION 4. SECTIONS 2501(A)(4) AND (A.1)(1)(I) AND (B) AND 6 2502(D)(2) AND (3) OF TITLE 34 ARE AMENDED TO READ: 7 § 2501. HUNTING OR FURTAKING PROHIBITED WHILE UNDER INFLUENCE 8 OF ALCOHOL OR CONTROLLED SUBSTANCE. 9 (A) GENERAL RULE.--IT IS UNLAWFUL TO HUNT OR TAKE GAME, 10 FURBEARERS OR WILDLIFE OR AID, ABET, ASSIST OR CONSPIRE TO HUNT 11 OR TAKE GAME, FURBEARERS OR WILDLIFE ANYWHERE IN THIS 12 COMMONWEALTH WHILE IN POSSESSION OF A FIREARM OF ANY KIND OR A 13 BOW AND ARROW IF: 14 * * * 15 (4) THE AMOUNT OF ALCOHOL BY WEIGHT IN THE BLOOD OF: 16 (I) AN ADULT IS [0.10%] 0.08% OR GREATER; OR 17 (II) A MINOR IS 0.02% OR GREATER. 18 (A.1) PRIMA FACIE EVIDENCE.-- 19 (1) IT IS PRIMA FACIE EVIDENCE THAT: 20 (I) AN ADULT HAD [0.10%] 0.08% OR MORE BY WEIGHT OF 21 ALCOHOL IN HIS OR HER BLOOD AT THE TIME OF HUNTING OR 22 TAKING OF GAME, FURBEARERS OR WILDLIFE OR THE AIDING, 23 ABETTING, ASSISTING OR CONSPIRING TO HUNT OR TAKE GAME, 24 FURBEARERS OR WILDLIFE IF THE AMOUNT OF ALCOHOL BY WEIGHT 25 IN THE BLOOD OF THE PERSON IS EQUAL TO OR GREATER THAN 26 [0.10%] 0.08% AT THE TIME A CHEMICAL TEST IS PERFORMED ON 27 A SAMPLE OF THE PERSON'S BREATH, BLOOD OR URINE; OR 28 * * * 29 (B) PENALTY.-- 30 (1) A VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL 20030S0008B1078 - 82 -
1 BE A SUMMARY OFFENSE IF THE AMOUNT OF ALCOHOL BY WEIGHT IN 2 THE BLOOD OF THE INDIVIDUAL IS AT LEAST 0.08% BUT LESS THAN 3 0.10%. 4 (2) A VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL 5 BE A MISDEMEANOR OF THE THIRD DEGREE IF THE AMOUNT OF ALCOHOL 6 BY WEIGHT IN THE BLOOD OF THE INDIVIDUAL IS AT LEAST 0.10%. 7 (3) IN ADDITION TO ANY PENALTY, THE VIOLATOR SHALL BE 8 DENIED THE RIGHT TO HUNT OR TRAP IN THIS COMMONWEALTH, WITH 9 OR WITHOUT A LICENSE, FOR A PERIOD OF ONE YEAR. 10 * * * 11 § 2502. CHEMICAL TEST TO DETERMINE AMOUNT OF ALCOHOL. 12 * * * 13 (D) PRESUMPTIONS FROM AMOUNT OF ALCOHOL.--IF CHEMICAL 14 ANALYSIS OF A PERSON'S BREATH, BLOOD OR URINE SHOWS: 15 * * * 16 (2) THAT THE AMOUNT OF ALCOHOL BY WEIGHT IN THE BLOOD OF 17 THE PERSON TESTED IS IN EXCESS OF 0.05% BUT LESS THAN [0.10%] 18 0.08%, THIS FACT SHALL NOT GIVE RISE TO ANY PRESUMPTION THAT 19 THE PERSON TESTED WAS OR WAS NOT UNDER THE INFLUENCE OF 20 ALCOHOL, BUT THIS FACT MAY BE CONSIDERED WITH OTHER COMPETENT 21 EVIDENCE IN DETERMINING WHETHER THE PERSON WAS OR WAS NOT 22 UNDER THE INFLUENCE OF ALCOHOL. 23 (3) THAT THE AMOUNT OF ALCOHOL BY WEIGHT IN THE BLOOD OF 24 THE PERSON TESTED IS [0.10%] 0.08% OR MORE, IT SHALL BE 25 PRESUMED THAT THE DEFENDANT WAS UNDER THE INFLUENCE OF 26 ALCOHOL. 27 * * * 28 SECTION 5. SECTIONS 933(A)(1)(II), 1515(A)(5), 1725.3(A), 29 3571(B)(4) AND 3573(B)(3) OF TITLE 42 ARE AMENDED TO READ: 30 § 933. APPEALS FROM GOVERNMENT AGENCIES. 20030S0008B1078 - 83 -
1 (A) GENERAL RULE.--EXCEPT AS OTHERWISE PRESCRIBED BY ANY 2 GENERAL RULE ADOPTED PURSUANT TO SECTION 503 (RELATING TO 3 REASSIGNMENT OF MATTERS), EACH COURT OF COMMON PLEAS SHALL HAVE 4 JURISDICTION OF APPEALS FROM FINAL ORDERS OF GOVERNMENT AGENCIES 5 IN THE FOLLOWING CASES: 6 (1) APPEALS FROM COMMONWEALTH AGENCIES IN THE FOLLOWING 7 CASES: 8 * * * 9 (II) DETERMINATIONS OF THE DEPARTMENT OF 10 TRANSPORTATION APPEALABLE UNDER THE FOLLOWING PROVISIONS 11 OF TITLE 75 (RELATING TO VEHICLES): 12 SECTION 1377 (RELATING TO JUDICIAL REVIEW). 13 SECTION 1550 (RELATING TO JUDICIAL REVIEW). 14 SECTION 4724(B) (RELATING TO JUDICIAL REVIEW). 15 SECTION 7303(B) (RELATING TO JUDICIAL REVIEW). 16 SECTION 7503(B) (RELATING TO JUDICIAL REVIEW). 17 EXCEPT AS OTHERWISE PRESCRIBED BY GENERAL RULES, THE 18 VENUE SHALL BE IN THE COUNTY OF THE PRINCIPAL PLACE OF 19 BUSINESS OF ANY SALVOR OR MESSENGER SERVICE, THE LOCATION 20 OF ANY INSPECTION STATION INVOLVED, THE COUNTY WHERE THE 21 ARREST FOR A VIOLATION OF 75 PA.C.S. § [3731] 3802 22 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR 23 CONTROLLED SUBSTANCE) WAS MADE IN APPEALS INVOLVING THE 24 SUSPENSION OF OPERATING PRIVILEGES UNDER 75 PA.C.S. § 25 1547 (RELATING TO CHEMICAL TESTING TO DETERMINE AMOUNT OF 26 ALCOHOL OR CONTROLLED SUBSTANCE) OR THE RESIDENCE OF ANY 27 INDIVIDUAL APPELLANT WHERE THE VENUE IS NOT OTHERWISE 28 FIXED BY THIS SENTENCE. IN THE CASE OF A NONRESIDENT 29 INDIVIDUAL VENUE, EXCEPT AS OTHERWISE PRESCRIBED BY 30 GENERAL RULES, SHALL BE IN THE COUNTY IN WHICH THE 20030S0008B1078 - 84 -
1 OFFENSE GIVING RISE TO THE RECALL, CANCELLATION, 2 SUSPENSION OR REVOCATION OF OPERATING PRIVILEGES 3 OCCURRED. 4 * * * 5 § 1515. JURISDICTION AND VENUE. 6 (A) JURISDICTION.--EXCEPT AS OTHERWISE PRESCRIBED BY GENERAL 7 RULE ADOPTED PURSUANT TO SECTION 503 (RELATING TO REASSIGNMENT 8 OF MATTERS), DISTRICT JUSTICES SHALL, UNDER PROCEDURES 9 PRESCRIBED BY GENERAL RULE, HAVE JURISDICTION OF ALL OF THE 10 FOLLOWING MATTERS: 11 * * * 12 (5) OFFENSES UNDER 75 PA.C.S. § [3731] 3802 (RELATING TO 13 DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE), 14 IF THE FOLLOWING CRITERIA ARE MET: 15 (I) THE OFFENSE IS THE FIRST OFFENSE BY THE 16 DEFENDANT UNDER SUCH PROVISION IN THIS COMMONWEALTH. 17 (II) NO PERSONAL INJURY (OTHER THAN TO THE DEFENDANT 18 [OR THE IMMEDIATE FAMILY OF THE DEFENDANT]) RESULTED FROM 19 THE OFFENSE. 20 (III) THE DEFENDANT PLEADS GUILTY. 21 (IV) NO PROPERTY DAMAGE IN EXCESS OF $500 OTHER THAN 22 TO THE DEFENDANT'S PROPERTY RESULTED FROM THE VIOLATION. 23 (V) THE DEFENDANT IS NOT SUBJECT TO THE PROVISIONS 24 OF CHAPTER 63 (RELATING TO JUVENILE MATTERS). 25 (VI) THE ARRESTING AUTHORITY SHALL CAUSE TO BE 26 TRANSMITTED A COPY OF THE CHARGE OF ANY VIOLATION OF 75 27 PA.C.S. § [3731] 3802 TO THE OFFICE OF THE CLERK OF THE 28 COURT OF COMMON PLEAS WITHIN FIVE DAYS AFTER THE 29 PRELIMINARY ARRAIGNMENT. 30 IN DETERMINING THAT THE ABOVE CRITERIA ARE MET THE DISTRICT 20030S0008B1078 - 85 -
1 JUSTICE SHALL RELY ON THE CERTIFICATION OF THE ARRESTING 2 AUTHORITY. CERTIFICATION THAT THE CRITERIA ARE MET NEED NOT 3 BE IN WRITING. WITHIN TEN DAYS AFTER THE DISPOSITION, THE 4 DISTRICT JUSTICE SHALL CERTIFY THE DISPOSITION TO THE OFFICE 5 OF THE CLERK OF THE COURT OF COMMON PLEAS IN WRITING. 6 * * * 7 § 1725.3. CRIMINAL LABORATORY USER FEE. 8 (A) IMPOSITION.--A PERSON WHO IS PLACED ON PROBATION WITHOUT 9 VERDICT PURSUANT TO SECTION 17 OF THE ACT OF APRIL 14, 1972 10 (P.L.233, NO.64), KNOWN AS THE CONTROLLED SUBSTANCE, DRUG, 11 DEVICE AND COSMETIC ACT, OR WHO RECEIVES ACCELERATED 12 REHABILITATIVE DISPOSITION OR WHO PLEADS GUILTY TO OR NOLO 13 CONTENDERE TO OR WHO IS CONVICTED OF A CRIME AS DEFINED IN 18 14 PA.C.S. § 106 (RELATING TO CLASSES OF OFFENSES) OR 75 PA.C.S. § 15 [3731] 3802 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR 16 CONTROLLED SUBSTANCE) OR 3735 (RELATING TO HOMICIDE BY VEHICLE 17 WHILE DRIVING UNDER INFLUENCE) OR A VIOLATION OF THE CONTROLLED 18 SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT SHALL, IN ADDITION TO 19 ANY FINES, PENALTIES OR COSTS, IN EVERY CASE WHERE LABORATORY 20 SERVICES WERE REQUIRED TO PROSECUTE THE CRIME OR VIOLATION, BE 21 SENTENCED TO PAY A CRIMINAL LABORATORY USER FEE WHICH SHALL 22 INCLUDE, BUT NOT BE LIMITED TO, THE COST OF SENDING A LABORATORY 23 TECHNICIAN TO COURT PROCEEDINGS. 24 * * * 25 § 3571. COMMONWEALTH PORTION OF FINES, ETC. 26 * * * 27 (B) VEHICLE OFFENSES.-- 28 * * * 29 (4) WHEN PROSECUTION UNDER 75 PA.C.S. § [3731] 3802 30 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED 20030S0008B1078 - 86 -
1 SUBSTANCE) IS THE RESULT OF STATE POLICE ACTION, 50% OF ALL 2 FINES, FORFEITED RECOGNIZANCES AND OTHER FORFEITURES IMPOSED, 3 LOST OR FORFEITED SHALL BE PAYABLE TO THE COMMONWEALTH, FOR 4 CREDIT TO THE MOTOR LICENSE FUND, AND 50% SHALL BE PAYABLE TO 5 THE COUNTY WHICH SHALL BE FURTHER DIVIDED AS FOLLOWS: 6 (I) FIFTY PERCENT OF THE MONEYS RECEIVED SHALL BE 7 ALLOCATED TO THE APPROPRIATE COUNTY AUTHORITY WHICH 8 IMPLEMENTS THE COUNTY DRUG AND ALCOHOL PROGRAM TO BE USED 9 SOLELY FOR THE PURPOSES OF AIDING PROGRAMS PROMOTING DRUG 10 ABUSE AND ALCOHOLISM PREVENTION, EDUCATION, TREATMENT AND 11 RESEARCH. PROGRAMS UNDER THIS SUBPARAGRAPH INCLUDE 12 PROJECT DARE (DRUG AND ALCOHOL RESISTANCE EDUCATION) AND 13 MOTHERS AGAINST DRUNK DRIVING VICTIM IMPACT PANELS. 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 § 3573. MUNICIPAL CORPORATION PORTION OF FINES, ETC. 19 * * * 20 (B) VEHICLE OFFENSES.-- 21 * * * 22 (3) WHEN PROSECUTION UNDER 75 PA.C.S. § [3731] 3802 23 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED 24 SUBSTANCE) IS THE RESULT OF LOCAL POLICE ACTION, 50% OF ALL 25 FINES, FORFEITED RECOGNIZANCES AND OTHER FORFEITURES IMPOSED, 26 LOST OR FORFEITED SHALL BE PAYABLE TO THE MUNICIPAL 27 CORPORATION UNDER WHICH THE LOCAL POLICE ARE ORGANIZED, AND 28 50% SHALL BE PAYABLE TO THE COUNTY WHICH SHALL BE FURTHER 29 DIVIDED AS FOLLOWS: 30 (I) FIFTY PERCENT OF THE MONEYS RECEIVED SHALL BE 20030S0008B1078 - 87 -
1 ALLOCATED TO THE APPROPRIATE COUNTY AUTHORITY WHICH 2 IMPLEMENTS THE COUNTY DRUG AND ALCOHOL PROGRAM TO BE USED 3 SOLELY FOR THE PURPOSES OF AIDING PROGRAMS PROMOTING DRUG 4 ABUSE AND ALCOHOLISM PREVENTION, EDUCATION, TREATMENT AND 5 RESEARCH. PROGRAMS UNDER THIS SUBPARAGRAPH INCLUDE 6 PROJECT DARE (DRUG AND ALCOHOL RESISTANCE EDUCATION) AND 7 MOTHERS AGAINST DRUNK DRIVING VICTIM IMPACT PANELS. 8 (II) FIFTY PERCENT OF THE MONEYS RECEIVED SHALL BE 9 USED FOR EXPENDITURES INCURRED FOR COUNTY JAILS, PRISONS, 10 WORKHOUSES AND DETENTION CENTERS. 11 * * * 12 SECTION 6. CHAPTER 70 OF TITLE 42 IS REPEALED. 13 SECTION 7. SECTION 9763(C) OF TITLE 42 IS AMENDED TO READ: 14 § 9763. SENTENCE OF INTERMEDIATE PUNISHMENT. 15 * * * 16 (C) RESTRICTION.-- 17 (1) A DEFENDANT [CONVICTED UNDER] SUBJECT TO 75 PA.C.S. 18 § [3731(E) (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR 19 CONTROLLED SUBSTANCE)] 3804 (RELATING TO PENALTIES) MAY ONLY 20 BE SENTENCED TO INTERMEDIATE PUNISHMENT: 21 [(1) IN A RESIDENTIAL INPATIENT PROGRAM OR IN A 22 RESIDENTIAL REHABILITATIVE CENTER; OR 23 (2) BY HOUSE ARREST OR ELECTRONIC SURVEILLANCE COMBINED 24 WITH DRUG AND ALCOHOL TREATMENT.] 25 (I) FOR A FIRST, SECOND OR THIRD OFFENSE UNDER 75 26 PA.C.S CH. 38 (RELATING TO DRIVING WHILE IMPAIRED); AND 27 (II) AFTER UNDERGOING AN ASSESSMENT UNDER 75 PA.C.S. 28 § 3814 (RELATING TO DRUG AND ALCOHOL ASSESSMENTS). 29 (2) IF THE DEFENDANT IS DETERMINED TO BE IN NEED OF DRUG 30 AND ALCOHOL TREATMENT, THE DEFENDANT MAY ONLY BE SENTENCED TO 20030S0008B1078 - 88 -
1 INTERMEDIATE PUNISHMENT WHICH INCLUDES PARTICIPATION IN DRUG 2 AND ALCOHOL TREATMENT UNDER 75 PA.C.S. § 3815(C) (RELATING TO 3 MANDATORY SENTENCING). SUCH TREATMENT MAY BE COMBINED WITH 4 HOUSE ARREST WITH ELECTRONIC SURVEILLANCE OR A PARTIAL 5 CONFINEMENT PROGRAM, SUCH AS WORK RELEASE, A WORK CAMP OR A 6 HALFWAY FACILITY. 7 (3) IF THE DEFENDANT IS DETERMINED NOT TO BE IN NEED OF 8 DRUG AND ALCOHOL TREATMENT, THE DEFENDANT MAY ONLY BE 9 SENTENCED TO INTERMEDIATE PUNISHMENT: 10 (I) BY HOUSE ARREST OR ELECTRONIC SURVEILLANCE; 11 (II) PARTIAL CONFINEMENT PROGRAMS, SUCH AS WORK 12 RELEASE, WORK CAMPS AND HALFWAY FACILITIES; OR 13 (III) ANY COMBINATION OF THE PROGRAMS SET FORTH IN 14 THIS SUBSECTION. 15 * * * 16 SECTION 8. SECTION 9804(B)(3) OF TITLE 42 IS AMENDED AND THE 17 SUBSECTION IS AMENDED BY ADDING PARAGRAPHS TO READ: 18 § 9804. COUNTY INTERMEDIATE PUNISHMENT PROGRAMS. 19 * * * 20 (B) ELIGIBILITY.-- 21 * * * 22 [(3) ANY PERSON RECEIVING A PENALTY IMPOSED PURSUANT TO 23 75 PA.C.S. § 1543(B) (RELATING TO DRIVING WHILE OPERATING 24 PRIVILEGE IS SUSPENDED OR REVOKED) OR 3731(E) (RELATING TO 25 DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE) 26 MAY ONLY BE SENTENCED TO INTERMEDIATE PUNISHMENT PROGRAM IN: 27 (I) A RESIDENTIAL INPATIENT PROGRAM OR A RESIDENTIAL 28 REHABILITATIVE CENTER; 29 (II) HOUSE ARREST AND ELECTRONIC SURVEILLANCE 30 COMBINED WITH DRUG AND ALCOHOL TREATMENT; OR 20030S0008B1078 - 89 -
1 (III) PARTIAL CONFINEMENT PROGRAMS, SUCH AS WORK 2 RELEASE, WORK CAMPS AND HALFWAY FACILITIES, COMBINED WITH 3 DRUG AND ALCOHOL TREATMENT.] 4 (4) (I) ANY PERSON RECEIVING A PENALTY IMPOSED PURSUANT 5 TO 75 PA.C.S. § 1543(B) (RELATING TO DRIVING WHILE 6 OPERATING PRIVILEGE IS SUSPENDED OR REVOKED) OR 3804 7 (RELATING TO PENALTIES) SHALL UNDERGO AN ASSESSMENT UNDER 8 75 PA.C.S. § 3814 (RELATING TO DRUG AND ALCOHOL 9 ASSESSMENTS). 10 (II) IF THE DEFENDANT IS DETERMINED TO BE IN NEED OF 11 DRUG AND ALCOHOL TREATMENT, A SENTENCE TO INTERMEDIATE 12 PUNISHMENT SHALL INCLUDE PARTICIPATION IN DRUG AND 13 ALCOHOL TREATMENT UNDER 75 PA.C.S. § 3815(C) (RELATING TO 14 MANDATORY SENTENCING). SUCH TREATMENT MAY BE COMBINED 15 WITH HOUSE ARREST WITH ELECTRONIC SURVEILLANCE OR A 16 PARTIAL CONFINEMENT PROGRAM, SUCH AS WORK RELEASE, A WORK 17 CAMP OR A HALFWAY FACILITY. 18 (III) IF THE DEFENDANT IS DETERMINED NOT TO BE IN 19 NEED OF DRUG AND ALCOHOL TREATMENT, THE DEFENDANT MAY 20 ONLY BE SENTENCED TO INTERMEDIATE PUNISHMENT PROGRAM IN: 21 (A) HOUSE ARREST AND ELECTRONIC SURVEILLANCE; 22 (B) PARTIAL CONFINEMENT PROGRAMS, SUCH AS WORK 23 RELEASE, WORK CAMPS AND HALFWAY FACILITIES; OR 24 (C) ANY COMBINATION OF THE PROGRAMS SET FORTH IN 25 THIS PARAGRAPH. 26 (5) A DEFENDANT SUBJECT TO 75 PA.C.S § 3804 (RELATING TO 27 PENALTIES) MAY ONLY BE SENTENCED TO INTERMEDIATE PUNISHMENT 28 FOR A FIRST, SECOND OR THIRD OFFENSE UNDER 75 PA.C.S. CH. 38 29 (RELATING TO DRIVING WHILE IMPAIRED). 30 SECTION 9. SECTIONS 1516(C) AND (D) AND 1532(B)(3) OF TITLE 20030S0008B1078 - 90 -
1 75 ARE AMENDED TO READ: 2 § 1516. DEPARTMENT RECORDS. 3 * * * 4 (C) DISMISSAL OF CHARGES FOR VIOLATIONS.--IF A CHARGE FOR 5 VIOLATION OF ANY OF THE PROVISIONS OF THIS TITLE AGAINST ANY 6 PERSON IS DISMISSED WHERE THERE HAVE BEEN NO PRIOR CONVICTIONS 7 BY ANY COURT OF COMPETENT JURISDICTION, NO RECORD OF THE CHARGE 8 AND DISMISSAL SHALL BE INCLUDED IN THE DRIVING RECORD OF THE 9 PERSON. IF THE PERSON HAS BEEN PREVIOUSLY CONVICTED OF THE 10 CHARGE AND SUSPENSION WAS IMPOSED BY THE DEPARTMENT, WHICH 11 SUSPENSION WAS EITHER PARTIALLY OR FULLY SERVED, THE DEPARTMENT 12 MAY KEEP A RECORD OF THE OFFENSE FOR THE PURPOSE OF SHOWING THE 13 SUSPENSION WAS IMPOSED AGAINST THE PERSON[.], BUT THE OFFENSE 14 SHALL NOT BE USED FOR THE PURPOSE OF CALCULATING THE REQUISITE 15 NUMBER OF OFFENSES UNDER SECTION 1542 (RELATING TO REVOCATION OF 16 HABITUAL OFFENDER'S LICENSE). IN ADDITION, THE DEPARTMENT MAY 17 KEEP RECORDS OF CHARGES THAT HAVE BEEN FILED WITH THE COURTS IN 18 ORDER TO DETERMINE A PERSON'S ELIGIBILITY FOR A PROBATIONARY 19 LICENSE UNDER THE PROVISIONS OF SECTION 1554(B)(3) (RELATING TO 20 PROBATIONARY LICENSE). ALL RECORDS MAINTAINED PURSUANT TO THIS 21 SUBSECTION SHALL BE MAINTAINED FOR ADMINISTRATIVE AND LAW 22 ENFORCEMENT USE ONLY AND SHALL NOT BE RELEASED FOR ANY OTHER 23 PURPOSE. 24 (D) UPDATING DRIVING RECORD.--DRIVERS WISHING TO HAVE THEIR 25 RECORD REVIEWED BY THE DEPARTMENT MAY MAKE SUCH A REQUEST IN 26 ORDER THAT THE RECORD BE BROUGHT UP TO DATE. IN UPDATING 27 RECORDS, THE DEPARTMENT SHALL INCLUDE RECALCULATION OF 28 SUSPENSION OR REVOCATION SEGMENTS AND THE ASSIGNMENT AND 29 CREDITING OF ANY SUSPENSION OR REVOCATION TIME PREVIOUSLY 30 ASSIGNED OR CREDITED TOWARD A SUSPENSION OR REVOCATION WHICH 20030S0008B1078 - 91 -
1 RESULTED FROM A CONVICTION WHICH HAS BEEN VACATED, OVERTURNED, 2 DISMISSED OR WITHDRAWN. ANY FULLY OR PARTIALLY SERVED SUSPENSION 3 OR REVOCATION TIME MAY ONLY BE REASSIGNED OR CREDITED TOWARD A 4 SUSPENSION OR REVOCATION SEGMENT PROCESSED ON THE DRIVER'S 5 RECORD AS OF THE ACTUAL COMMENCEMENT DATE OF THE FULLY OR 6 PARTIALLY SERVED SUSPENSION OR REVOCATION TIME. 7 § 1532. SUSPENSION OF OPERATING PRIVILEGE. 8 * * * 9 (B) SUSPENSION.-- 10 * * * 11 (3) THE DEPARTMENT SHALL SUSPEND THE OPERATING PRIVILEGE 12 OF ANY DRIVER FOR 12 MONTHS UPON RECEIVING A CERTIFIED RECORD 13 OF THE DRIVER'S CONVICTION OF SECTION [3731 (RELATING TO 14 DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE) 15 OR] 3733 (RELATING TO FLEEING OR ATTEMPTING TO ELUDE POLICE 16 OFFICER)[,] OR A SUBSTANTIALLY SIMILAR [OFFENSES] OFFENSE 17 REPORTED TO THE DEPARTMENT UNDER ARTICLE III OF SECTION 1581 18 (RELATING TO DRIVER'S LICENSE COMPACT), OR AN ADJUDICATION OF 19 DELINQUENCY BASED ON SECTION [3731 OR] 3733. THE DEPARTMENT 20 SHALL SUSPEND THE OPERATING PRIVILEGE OF ANY DRIVER FOR SIX 21 MONTHS UPON RECEIVING A CERTIFIED RECORD OF A CONSENT DECREE 22 GRANTED UNDER 42 PA.C.S. CH. 63 (RELATING TO JUVENILE 23 MATTERS) BASED ON SECTION [3731 OR] 3733. 24 * * * 25 SECTION 10. SECTION 1534(B) OF TITLE 75 IS AMENDED AND THE 26 SECTION IS AMENDED BY ADDING SUBSECTIONS TO READ: 27 § 1534. NOTICE OF ACCEPTANCE OF ACCELERATED REHABILITATIVE 28 DISPOSITION. 29 * * * 30 (B) EXCEPTION.--IF A PERSON IS ARRESTED FOR ANY OFFENSE 20030S0008B1078 - 92 -
1 ENUMERATED IN SECTION [3731] 3802 (RELATING TO DRIVING UNDER 2 INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE) AND IS OFFERED AND 3 ACCEPTS ACCELERATED REHABILITATIVE DISPOSITION UNDER GENERAL 4 RULES, THE COURT SHALL PROMPTLY NOTIFY THE DEPARTMENT. THE 5 DEPARTMENT SHALL MAINTAIN A RECORD OF THE ACCEPTANCE OF 6 ACCELERATED REHABILITATIVE DISPOSITION FOR A PERIOD OF [SEVEN] 7 TEN YEARS FROM THE DATE OF NOTIFICATION. THIS RECORD SHALL NOT 8 BE EXPUNGED [BY ORDER OF COURT.] PRIOR TO THE EXPIRATION OF THE 9 TEN-YEAR PERIOD. 10 (C) EXPUNGEMENT.--IMMEDIATELY FOLLOWING THE EXPIRATION OF 11 THE TEN-YEAR PERIOD, THE DEPARTMENT SHALL EXPUNGE THE RECORD OF 12 THE ACCEPTANCE OF ACCELERATED REHABILITATIVE DISPOSITION. THE 13 DEPARTMENT SHALL NOT REQUIRE AN ORDER OF COURT TO EXPUNGE THE 14 RECORD. 15 (D) EXCEPTIONS TO EXPUNGEMENT.--THE DEPARTMENT SHALL NOT BE 16 REQUIRED TO EXPUNGE THE RECORD OF ACCEPTANCE OF ACCELERATED 17 REHABILITATIVE DISPOSITION IF: 18 (1) DURING THE TEN-YEAR PERIOD, THE DEPARTMENT REVOKES 19 THE OPERATING PRIVILEGES OF A PERSON PURSUANT TO SECTION 1542 20 (RELATING TO REVOCATION OF HABITUAL OFFENDER'S LICENSE); OR 21 (2) THE PERSON WAS A COMMERCIAL DRIVER AT THE TIME OF 22 THE VIOLATION CAUSING THE DISPOSITION. 23 SECTION 11. SECTIONS 1541(A.1) AND (D), 1542(B), 1543(B) AND 24 1547(B)(1), (C), (D), (E) AND (I) OF TITLE 75 ARE AMENDED TO 25 READ: 26 § 1541. PERIOD OF DISQUALIFICATION, REVOCATION OR SUSPENSION OF 27 OPERATING PRIVILEGE. 28 * * * 29 (A.1) CREDIT TOWARD SERVING PERIOD OF SUSPENSION FOR CERTAIN 30 VIOLATIONS.--CREDIT TOWARD SERVING THE PERIOD OF SUSPENSION OR 20030S0008B1078 - 93 -
1 REVOCATION IMPOSED FOR SECTIONS [3731 (RELATING TO DRIVING UNDER 2 INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE),] 3732 (RELATING 3 TO HOMICIDE BY VEHICLE), 3735 (RELATING TO HOMICIDE BY VEHICLE 4 WHILE DRIVING UNDER THE INFLUENCE) [AND], 3735.1 (RELATING TO 5 AGGRAVATED ASSAULT BY VEHICLE WHILE DRIVING UNDER THE INFLUENCE) 6 AND 3802 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR 7 CONTROLLED SUBSTANCE) SHALL NOT COMMENCE UNTIL THE DATE OF THE 8 PERSON'S RELEASE FROM PRISON. 9 * * * 10 (D) CONTINUED SUSPENSION OF OPERATING PRIVILEGE.--A 11 DEFENDANT ORDERED BY THE COURT UNDER SECTION [1548] 3816 12 (RELATING TO REQUIREMENTS FOR DRIVING UNDER INFLUENCE 13 OFFENDERS), AS THE RESULT OF A CONVICTION OR ACCELERATED 14 REHABILITATIVE DISPOSITION OF A VIOLATION OF SECTION [3731 15 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED 16 SUBSTANCE)] 3802, TO ATTEND A TREATMENT PROGRAM FOR ALCOHOL OR 17 DRUG ADDICTION MUST SUCCESSFULLY COMPLETE ALL REQUIREMENTS OF 18 THE TREATMENT PROGRAM ORDERED BY THE COURT BEFORE THE 19 DEFENDANT'S OPERATING PRIVILEGE MAY BE RESTORED. SUCCESSFUL 20 COMPLETION OF A TREATMENT PROGRAM INCLUDES THE PAYMENT OF ALL 21 COURT-IMPOSED FINES AND COSTS, AS WELL AS FEES TO BE PAID TO THE 22 TREATMENT PROGRAM BY THE DEFENDANT. IF A DEFENDANT FAILS TO 23 SUCCESSFULLY COMPLETE THE REQUIREMENTS OF A TREATMENT PROGRAM, 24 THE SUSPENSION SHALL REMAIN IN EFFECT UNTIL THE DEFENDANT 25 COMPLETES THE PROGRAM AND IS OTHERWISE ELIGIBLE FOR RESTORATION 26 OF HIS OPERATING PRIVILEGE. THE TREATMENT AGENCY SHALL 27 IMMEDIATELY NOTIFY THE COURT OF SUCCESSFUL COMPLETION OF THE 28 TREATMENT PROGRAM. THE FINAL DECISION AS TO WHETHER A DEFENDANT 29 HAS SUCCESSFULLY COMPLETED THE TREATMENT PROGRAM RESTS WITH THE 30 COURT. 20030S0008B1078 - 94 -
1 § 1542. REVOCATION OF HABITUAL OFFENDER'S LICENSE. 2 * * * 3 (B) OFFENSES ENUMERATED.--THREE CONVICTIONS ARISING FROM 4 SEPARATE ACTS OF ANY ONE OR MORE OF THE FOLLOWING OFFENSES 5 COMMITTED BY ANY PERSON SHALL RESULT IN SUCH PERSON BEING 6 DESIGNATED AS A HABITUAL OFFENDER: 7 (1) ANY VIOLATION OF SUBCHAPTER B OF CHAPTER 37 8 (RELATING TO SERIOUS TRAFFIC OFFENSES). 9 (1.1) ANY VIOLATION OF CHAPTER 38 (RELATING TO DRIVING 10 WHILE IMPAIRED). 11 (2) ANY VIOLATION OF SECTION 3367 (RELATING TO RACING ON 12 HIGHWAYS). 13 (3) ANY VIOLATION OF SECTION 3742 (RELATING TO ACCIDENTS 14 INVOLVING DEATH OR PERSONAL INJURY). 15 (3.1) ANY VIOLATION OF SECTION 3742.1 (RELATING TO 16 ACCIDENTS INVOLVING DEATH OR PERSONAL INJURY WHILE NOT 17 PROPERLY LICENSED). 18 (4) ANY VIOLATION OF SECTION 3743 (RELATING TO ACCIDENTS 19 INVOLVING DAMAGE TO ATTENDED VEHICLE OR PROPERTY). 20 * * * 21 § 1543. DRIVING WHILE OPERATING PRIVILEGE IS SUSPENDED OR 22 REVOKED. 23 * * * 24 (B) CERTAIN OFFENSES.-- 25 (1) A PERSON WHO DRIVES A MOTOR VEHICLE ON A HIGHWAY OR 26 TRAFFICWAY OF THIS COMMONWEALTH AT A TIME WHEN THE PERSON'S 27 OPERATING PRIVILEGE IS SUSPENDED OR REVOKED AS A CONDITION OF 28 ACCEPTANCE OF ACCELERATED REHABILITATIVE DISPOSITION FOR A 29 VIOLATION OF SECTION [3731] 3802 (RELATING TO DRIVING UNDER 30 INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE) OR BECAUSE OF A 20030S0008B1078 - 95 -
1 VIOLATION OF SECTION 1547(B)(1) (RELATING TO SUSPENSION FOR 2 REFUSAL) OR [3731] 3802 OR IS SUSPENDED UNDER SECTION 1581 3 (RELATING TO DRIVER'S LICENSE COMPACT) FOR AN OFFENSE 4 SUBSTANTIALLY SIMILAR TO A VIOLATION OF SECTION [3731] 3802 5 SHALL, UPON CONVICTION, BE GUILTY OF A SUMMARY OFFENSE AND 6 SHALL BE SENTENCED TO PAY A FINE OF [$1,000] $500 AND TO 7 UNDERGO IMPRISONMENT FOR A PERIOD OF NOT LESS THAN [90] 60 8 DAYS. 9 (1.1) (I) A PERSON WHO HAS AN AMOUNT OF ALCOHOL BY 10 WEIGHT IN HIS BLOOD THAT IS EQUAL TO OR GREATER THAN .02% 11 OR [IS UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE AS 12 DEFINED IN SECTION 1603 (RELATING TO DEFINITIONS)] WHO 13 HAS ANY AMOUNT OF A SCHEDULE I, II OR III CONTROLLED 14 SUBSTANCE, AS DEFINED IN THE ACT OF APRIL 14, 1972 15 (P.L.233, NO.64), KNOWN AS THE CONTROLLED SUBSTANCE, 16 DRUG, DEVICE AND COSMETIC ACT, OR ITS METABOLITE, WHICH 17 HAS NOT BEEN MEDICALLY PRESCRIBED FOR THE INDIVIDUAL AND 18 WHO DRIVES A MOTOR VEHICLE ON ANY HIGHWAY OR TRAFFICWAY 19 OF THIS COMMONWEALTH AT A TIME WHEN THE PERSON'S 20 OPERATING PRIVILEGE IS SUSPENDED OR REVOKED AS A 21 CONDITION OF ACCEPTANCE OF ACCELERATED REHABILITATIVE 22 DISPOSITION FOR A VIOLATION OF SECTION [3731] 3802 OR 23 BECAUSE OF A VIOLATION OF SECTION 1547(B)(1) OR [3731] 24 3802 OR IS SUSPENDED UNDER SECTION 1581 FOR AN OFFENSE 25 SUBSTANTIALLY SIMILAR TO A VIOLATION OF SECTION [3731] 26 3802 SHALL, UPON A FIRST CONVICTION, BE GUILTY OF A 27 SUMMARY OFFENSE AND SHALL BE SENTENCED TO PAY A FINE OF 28 $1,000 AND TO UNDERGO IMPRISONMENT FOR A PERIOD OF NOT 29 LESS THAN 90 DAYS. 30 (II) A SECOND VIOLATION OF THIS PARAGRAPH SHALL 20030S0008B1078 - 96 -
1 CONSTITUTE A MISDEMEANOR OF THE THIRD DEGREE, AND UPON 2 CONVICTION THEREOF THE PERSON SHALL BE SENTENCED TO PAY A 3 FINE OF $2,500 AND TO UNDERGO IMPRISONMENT FOR NOT LESS 4 THAN SIX MONTHS. 5 (III) A THIRD OR SUBSEQUENT VIOLATION OF THIS 6 PARAGRAPH SHALL CONSTITUTE A MISDEMEANOR OF THE FIRST 7 DEGREE, AND UPON CONVICTION THEREOF THE PERSON SHALL BE 8 SENTENCED TO PAY A FINE OF $5,000 AND TO UNDERGO 9 IMPRISONMENT FOR NOT LESS THAN TWO YEARS. 10 (2) THIS SUBSECTION SHALL APPLY TO ANY PERSON AGAINST 11 WHOM ONE OF THESE SUSPENSIONS HAS BEEN IMPOSED WHETHER THE 12 PERSON IS CURRENTLY SERVING THIS SUSPENSION OR WHETHER THE 13 EFFECTIVE DATE OF SUSPENSION HAS BEEN DEFERRED UNDER ANY OF 14 THE PROVISIONS OF SECTION 1544 (RELATING TO ADDITIONAL PERIOD 15 OF REVOCATION OR SUSPENSION). THIS PROVISION SHALL ALSO APPLY 16 UNTIL THE PERSON HAS HAD THE OPERATING PRIVILEGE RESTORED. 17 THIS SUBSECTION SHALL ALSO APPLY TO ANY REVOCATION IMPOSED 18 PURSUANT TO SECTION 1542 (RELATING TO REVOCATION OF HABITUAL 19 OFFENDER'S LICENSE) IF ANY OF THE ENUMERATED OFFENSES WAS FOR 20 A VIOLATION OF SECTION [3731] 3802 OR FOR AN OUT-OF-STATE 21 OFFENSE THAT IS SUBSTANTIALLY SIMILAR TO A VIOLATION OF 22 SECTION [3731] 3802 FOR WHICH A REVOCATION IS IMPOSED UNDER 23 SECTION 1581. 24 * * * 25 § 1547. CHEMICAL TESTING TO DETERMINE AMOUNT OF ALCOHOL OR 26 CONTROLLED SUBSTANCE. 27 * * * 28 (B) SUSPENSION FOR REFUSAL.-- 29 (1) IF ANY PERSON PLACED UNDER ARREST FOR A VIOLATION OF 30 SECTION [3731] 3802 (RELATING TO DRIVING UNDER INFLUENCE OF 20030S0008B1078 - 97 -
1 ALCOHOL OR CONTROLLED SUBSTANCE) IS REQUESTED TO SUBMIT TO 2 CHEMICAL TESTING AND REFUSES TO DO SO, THE TESTING SHALL NOT 3 BE CONDUCTED BUT UPON NOTICE BY THE POLICE OFFICER, THE 4 DEPARTMENT SHALL SUSPEND THE OPERATING PRIVILEGE OF THE 5 PERSON [FOR A PERIOD OF 12 MONTHS.] AS FOLLOWS: 6 (I) EXCEPT AS SET FORTH IN SUBPARAGRAPH (II), FOR A 7 PERIOD OF 12 MONTHS. 8 (II) FOR A PERIOD OF 24 MONTHS IF ANY OF THE 9 FOLLOWING APPLY: 10 (A) THE PERSON'S OPERATING PRIVILEGES HAVE 11 PREVIOUSLY BEEN SUSPENDED UNDER THIS SUBSECTION. 12 (B) THE PERSON HAS, PRIOR TO THE REFUSAL UNDER 13 THIS PARAGRAPH, BEEN SENTENCED FOR: 14 (I) AN OFFENSE UNDER FORMER SECTION 3731; 15 (II) AN OFFENSE UNDER SECTION 3802 (RELATING 16 TO DRIVING UNDER INFLUENCE OF ALCOHOL OR 17 CONTROLLED SUBSTANCE); 18 (III) AN OFFENSE EQUIVALENT TO AN OFFENSE 19 UNDER SUBCLAUSE (I) OR (II); OR 20 (IV) A COMBINATION OF THE OFFENSES SET FORTH 21 IN THIS CLAUSE. 22 * * * 23 (C) TEST RESULTS ADMISSIBLE IN EVIDENCE.--IN ANY SUMMARY 24 PROCEEDING OR CRIMINAL PROCEEDING IN WHICH THE DEFENDANT IS 25 CHARGED WITH A VIOLATION OF SECTION [3731] 3802 OR ANY OTHER 26 VIOLATION OF THIS TITLE ARISING OUT OF THE SAME ACTION, THE 27 AMOUNT OF ALCOHOL OR CONTROLLED SUBSTANCE IN THE DEFENDANT'S 28 BLOOD, AS SHOWN BY CHEMICAL TESTING OF THE PERSON'S BREATH, 29 BLOOD OR URINE, WHICH TESTS WERE CONDUCTED BY QUALIFIED PERSONS 30 USING APPROVED EQUIPMENT, SHALL BE ADMISSIBLE IN EVIDENCE. 20030S0008B1078 - 98 -
1 (1) CHEMICAL TESTS OF BREATH SHALL BE PERFORMED ON 2 DEVICES APPROVED BY THE DEPARTMENT OF HEALTH USING PROCEDURES 3 PRESCRIBED JOINTLY BY REGULATIONS OF THE DEPARTMENTS OF 4 HEALTH AND TRANSPORTATION. DEVICES SHALL HAVE BEEN CALIBRATED 5 AND TESTED FOR ACCURACY WITHIN A PERIOD OF TIME AND IN A 6 MANNER SPECIFIED BY REGULATIONS OF THE DEPARTMENTS OF HEALTH 7 AND TRANSPORTATION. FOR PURPOSES OF BREATH TESTING, A 8 QUALIFIED PERSON MEANS A PERSON WHO HAS FULFILLED THE 9 TRAINING REQUIREMENT IN THE USE OF THE EQUIPMENT IN A 10 TRAINING PROGRAM APPROVED BY THE DEPARTMENTS OF HEALTH AND 11 TRANSPORTATION. A CERTIFICATE OR LOG SHOWING THAT A DEVICE 12 WAS CALIBRATED AND TESTED FOR ACCURACY AND THAT THE DEVICE 13 WAS ACCURATE SHALL BE PRESUMPTIVE EVIDENCE OF THOSE FACTS IN 14 EVERY PROCEEDING IN WHICH A VIOLATION OF THIS TITLE IS 15 CHARGED. 16 (2) CHEMICAL TESTS OF BLOOD OR URINE, IF CONDUCTED BY A 17 FACILITY LOCATED IN THIS COMMONWEALTH, SHALL BE PERFORMED BY 18 A CLINICAL LABORATORY LICENSED AND APPROVED BY THE DEPARTMENT 19 OF HEALTH FOR THIS PURPOSE USING PROCEDURES AND EQUIPMENT 20 PRESCRIBED BY THE DEPARTMENT OF HEALTH OR BY A PENNSYLVANIA 21 STATE POLICE CRIMINAL LABORATORY. FOR PURPOSES OF BLOOD AND 22 URINE TESTING, QUALIFIED PERSON MEANS AN INDIVIDUAL WHO IS 23 AUTHORIZED TO PERFORM THOSE CHEMICAL TESTS UNDER THE ACT OF 24 SEPTEMBER 26, 1951 (P.L.1539, NO.389), KNOWN AS THE CLINICAL 25 LABORATORY ACT. 26 (3) CHEMICAL TESTS OF BLOOD OR URINE, IF CONDUCTED BY A 27 FACILITY LOCATED OUTSIDE THIS COMMONWEALTH, SHALL BE 28 PERFORMED: 29 (I) BY A FACILITY LICENSED BY THE DEPARTMENT OF 30 HEALTH; OR 20030S0008B1078 - 99 -
1 (II) BY A FACILITY LICENSED TO CONDUCT THE TESTS BY 2 THE STATE IN WHICH THE FACILITY IS LOCATED AND LICENSED 3 PURSUANT TO THE CLINICAL LABORATORY IMPROVEMENT 4 AMENDMENTS OF 1988 (PUBLIC LAW 100-578, 102 STAT. 2903). 5 [(D) PRESUMPTIONS FROM AMOUNT OF ALCOHOL.--IF CHEMICAL 6 TESTING OF A PERSON'S BREATH, BLOOD OR URINE SHOWS: 7 (1) THAT THE AMOUNT OF ALCOHOL BY WEIGHT IN THE BLOOD OF 8 AN ADULT IS 0.05% OR LESS, IT SHALL BE PRESUMED THAT THE 9 ADULT WAS NOT UNDER THE INFLUENCE OF ALCOHOL AND THE ADULT 10 SHALL NOT BE CHARGED WITH ANY VIOLATION UNDER SECTION 11 3731(A)(1), (4) OR (5) (RELATING TO DRIVING UNDER INFLUENCE 12 OF ALCOHOL OR CONTROLLED SUBSTANCE), OR, IF THE ADULT WAS SO 13 CHARGED PRIOR TO THE TEST, THE CHARGE SHALL BE VOID AB 14 INITIO. THIS FACT SHALL NOT GIVE RISE TO ANY PRESUMPTION 15 CONCERNING A VIOLATION OF SECTION 3731(A)(2) OR (3) OR (I). 16 (2) THAT THE AMOUNT OF ALCOHOL BY WEIGHT IN THE BLOOD OF 17 AN ADULT IS IN EXCESS OF 0.05% BUT LESS THAN 0.10%, THIS FACT 18 SHALL NOT GIVE RISE TO ANY PRESUMPTION THAT THE ADULT WAS OR 19 WAS NOT UNDER THE INFLUENCE OF ALCOHOL, BUT THIS FACT MAY BE 20 CONSIDERED WITH OTHER COMPETENT EVIDENCE IN DETERMINING 21 WHETHER THE ADULT WAS OR WAS NOT UNDER THE INFLUENCE OF 22 ALCOHOL. THIS PROVISION SHALL NOT NEGATE THE PROVISIONS OF 23 SECTION 3731(I). 24 (3) THAT THE AMOUNT OF ALCOHOL BY WEIGHT IN THE BLOOD 25 OF: 26 (I) AN ADULT IS 0.10% OR MORE; OR 27 (II) A MINOR IS 0.02% OR MORE, 28 THIS FACT MAY BE INTRODUCED INTO EVIDENCE IF THE PERSON IS 29 CHARGED WITH VIOLATING SECTION 3731.] 30 (E) REFUSAL ADMISSIBLE IN EVIDENCE.--IN ANY SUMMARY 20030S0008B1078 - 100 -
1 PROCEEDING OR CRIMINAL PROCEEDING IN WHICH THE DEFENDANT IS 2 CHARGED WITH A VIOLATION OF SECTION [3731] 3802 OR ANY OTHER 3 VIOLATION OF THIS TITLE ARISING OUT OF THE SAME ACTION, THE FACT 4 THAT THE DEFENDANT REFUSED TO SUBMIT TO CHEMICAL TESTING AS 5 REQUIRED BY SUBSECTION (A) MAY BE INTRODUCED IN EVIDENCE ALONG 6 WITH OTHER TESTIMONY CONCERNING THE CIRCUMSTANCES OF THE 7 REFUSAL. NO PRESUMPTIONS SHALL ARISE FROM THIS EVIDENCE BUT IT 8 MAY BE CONSIDERED ALONG WITH OTHER FACTORS CONCERNING THE 9 CHARGE. 10 * * * 11 (I) REQUEST BY DRIVER FOR TEST.--ANY PERSON INVOLVED IN AN 12 ACCIDENT OR PLACED UNDER ARREST FOR A VIOLATION OF SECTION 13 [3731] 3802 MAY REQUEST A CHEMICAL TEST OF HIS BREATH, BLOOD OR 14 URINE. SUCH REQUESTS SHALL BE HONORED WHEN IT IS REASONABLY 15 PRACTICABLE TO DO SO. 16 * * * 17 SECTION 12. SECTION 1548 OF TITLE 75 IS REPEALED. 18 SECTION 13. SECTION 1552 OF TITLE 75 IS AMENDED TO READ: 19 § 1552. ACCELERATED REHABILITATIVE DISPOSITION. 20 THE COURT OF COMMON PLEAS IN EACH JUDICIAL DISTRICT AND THE 21 MUNICIPAL COURT OF PHILADELPHIA SHALL ESTABLISH AND IMPLEMENT A 22 PROGRAM FOR ACCELERATED REHABILITATIVE DISPOSITION FOR PERSONS 23 CHARGED WITH A VIOLATION OF SECTION [3731] 3802 (RELATING TO 24 DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE) IN 25 ACCORDANCE WITH THE PROVISIONS OF THIS CHAPTER AND RULES ADOPTED 26 BY THE SUPREME COURT. 27 SECTION 14. SECTION 1553(D)(6), (8) AND (16), (E) AND (F)(1) 28 ARE AMENDED AND THE SECTION IS AMENDED BY ADDING SUBSECTIONS TO 29 READ: 30 § 1553. OCCUPATIONAL LIMITED LICENSE. 20030S0008B1078 - 101 -
1 * * * 2 (D) UNAUTHORIZED ISSUANCE.--THE DEPARTMENT SHALL PROHIBIT 3 ISSUANCE OF AN OCCUPATIONAL LIMITED LICENSE TO: 4 * * * 5 (6) [ ANY] EXCEPT AS SET FORTH IN SUBSECTION (D.1) OR 6 (D.2) ANY PERSON WHO HAS BEEN ADJUDICATED DELINQUENT OR 7 CONVICTED OF DRIVING UNDER THE INFLUENCE OF ALCOHOL OR 8 CONTROLLED SUBSTANCE UNLESS THE SUSPENSION OR REVOCATION 9 IMPOSED FOR THAT CONVICTION HAS BEEN FULLY SERVED. 10 * * * 11 (8) [ANY] EXCEPT AS SET FORTH IN SUBSECTIONS (D.1) AND 12 (D.2), ANY PERSON WHO HAS BEEN GRANTED A CONSENT DECREE OR 13 ACCELERATED REHABILITATIVE DISPOSITION FOR DRIVING UNDER THE 14 INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE AND WHOSE 15 LICENSE HAS BEEN SUSPENDED BY THE DEPARTMENT UNLESS THE 16 SUSPENSION IMPOSED HAS BEEN FULLY SERVED. 17 * * * 18 (16) [ANY] EXCEPT AS SET FORTH IN SUBSECTION (D.3), ANY 19 PERSON WHOSE OPERATING PRIVILEGE HAS BEEN SUSPENDED UNDER AN 20 INTERJURISDICTIONAL AGREEMENT AS PROVIDED FOR IN SECTION 6146 21 AS THE RESULT OF A CONVICTION OR ADJUDICATION IF THE 22 CONVICTION OR ADJUDICATION FOR AN EQUIVALENT OFFENSE IN THIS 23 COMMONWEALTH WOULD HAVE PROHIBITED THE ISSUANCE OF AN 24 OCCUPATIONAL LIMITED LICENSE. 25 * * * 26 (D.1) ADJUDICATION ELIGIBILITY.--AN INDIVIDUAL WHO HAS BEEN 27 ADJUDICATED DELINQUENT, CONVICTED, GRANTED A CONSENT DECREE OR 28 GRANTED ACCELERATED REHABILITATION DISPOSITION FOR DRIVING UNDER 29 THE INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE AND DOES NOT 30 HAVE A PRIOR OFFENSE AS DEFINED IN SECTION 3806(A) (RELATING TO 20030S0008B1078 - 102 -
1 PRIOR OFFENSES) SHALL BE ELIGIBLE FOR AN OCCUPATIONAL LIMITED 2 LICENSE. 3 (D.2) SUSPENSION ELIGIBILITY.-- 4 (1) AN INDIVIDUAL WHOSE LICENSE HAS BEEN SUSPENDED FOR A 5 PERIOD OF 24 MONTHS UNDER SECTION 1547(B)(1)(II) (RELATING TO 6 CHEMICAL TESTING TO DETERMINE AMOUNT OF ALCOHOL OR CONTROLLED 7 SUBSTANCE) OR 3804(E)(2)(II) (RELATING TO PENALTIES) SHALL 8 NOT BE PROHIBITED FROM OBTAINING AN OCCUPATIONAL LIMITED 9 LICENSE UNDER THIS SECTION IF THE INDIVIDUAL: 10 (I) IS OTHERWISE ELIGIBLE FOR RESTORATION; 11 (II) HAS SERVED AT LEAST 12 MONTHS OF THE LICENSE 12 SUSPENSION; 13 (III) ONLY OPERATES A MOTOR VEHICLE EQUIPPED WITH AN 14 IGNITION INTERLOCK SYSTEM AS DEFINED IN SECTION 3801 15 (RELATING TO DEFINITIONS); AND 16 (IV) HAS CERTIFIED TO THE DEPARTMENT UNDER PARAGRAPH 17 (3). 18 (2) A PERIOD OF IGNITION INTERLOCK ACCEPTED UNDER THIS 19 SUBSECTION SHALL NOT COUNT TOWARDS THE ONE-YEAR MANDATORY 20 PERIOD OF IGNITION INTERLOCK IMPOSED UNDER SECTION 3805 21 (RELATING TO IGNITION INTERLOCK). 22 (3) IF AN INDIVIDUAL SEEKS AN OCCUPATIONAL LIMITED 23 LICENSE UNDER THIS SUBSECTION, THE DEPARTMENT SHALL REQUIRE 24 THAT EACH MOTOR VEHICLE OWNED OR REGISTERED TO THE PERSON HAS 25 BEEN EQUIPPED WITH AN APPROVED IGNITION INTERLOCK SYSTEM AS A 26 CONDITION OF ISSUING AN OCCUPATIONAL LIMITED LICENSE WITH AN 27 IGNITION INTERLOCK RESTRICTION. 28 (D.3) INTERJURISDICTIONAL SUSPENSIONS.--AN INDIVIDUAL WHOSE 29 OPERATING PRIVILEGE HAS BEEN SUSPENDED PURSUANT TO AN 30 INTERJURISDICTIONAL AGREEMENT UNDER SECTION 6146 AS THE RESULT 20030S0008B1078 - 103 -
1 OF AN ADJUDICATION OR CONVICTION FOR DRIVING UNDER THE INFLUENCE 2 OF ALCOHOL OR CONTROLLED SUBSTANCE AND DOES NOT HAVE A PRIOR 3 OFFENSE AS DEFINED IN SECTION 3806(A) SHALL BE ELIGIBLE FOR AN 4 OCCUPATIONAL LIMITED LICENSE. 5 (E) OFFENSES COMMITTED DURING A PERIOD FOR WHICH AN 6 OCCUPATIONAL LIMITED LICENSE HAS BEEN ISSUED.--ANY DRIVER WHO 7 HAS BEEN ISSUED AN OCCUPATIONAL LIMITED LICENSE AND AS TO WHOM 8 THE DEPARTMENT RECEIVES A REPORT OF CONVICTION OF AN OFFENSE FOR 9 WHICH THE PENALTY IS A CANCELLATION, DISQUALIFICATION, RECALL, 10 SUSPENSION OR REVOCATION OF OPERATING PRIVILEGES OR A REPORT 11 UNDER SECTION 3815(C)(4) (RELATING TO MANDATORY SENTENCING) 12 SHALL HAVE THE OCCUPATIONAL LIMITED LICENSE RECALLED, AND THE 13 DRIVER SHALL SURRENDER THE LIMITED LICENSE TO THE DEPARTMENT OR 14 ITS AGENTS DESIGNATED UNDER THE AUTHORITY OF SECTION 1540. 15 (F) RESTRICTIONS.--A DRIVER WHO HAS BEEN ISSUED AN 16 OCCUPATIONAL LIMITED LICENSE SHALL OBSERVE THE FOLLOWING: 17 (1) THE DRIVER SHALL OPERATE A DESIGNATED VEHICLE ONLY 18 [BETWEEN]: 19 (I) BETWEEN THE DRIVER'S PLACE OF RESIDENCE AND 20 PLACE OF EMPLOYMENT OR STUDY AND AS NECESSARY IN THE 21 COURSE OF EMPLOYMENT OR CONDUCTING A BUSINESS OR PURSUING 22 A COURSE OF STUDY WHERE THE OPERATION OF A MOTOR VEHICLE 23 IS A REQUIREMENT OF EMPLOYMENT OR OF CONDUCTING A 24 BUSINESS OR OF PURSUING A COURSE OF STUDY. 25 (II) TO AND FROM A PLACE FOR SCHEDULED OR EMERGENCY 26 MEDICAL EXAMINATION OR TREATMENT. THIS SUBPARAGRAPH 27 INCLUDES TREATMENT REQUIRED UNDER CHAPTER 38 (RELATING TO 28 DRIVING WHILE IMPAIRED). 29 * * * 30 SECTION 15. SECTIONS 1554(F)(8), 1575(B), 1586, 1611(A)(1), 20030S0008B1078 - 104 -
1 3101(B), 3326(C), 3327(E) AND 3716(A) ARE AMENDED TO READ: 2 § 1554. PROBATIONARY LICENSE. 3 * * * 4 (F) UNAUTHORIZED ISSUANCE.--THE DEPARTMENT SHALL NOT ISSUE A 5 PROBATIONARY LICENSE TO: 6 * * * 7 (8) A PERSON WHO HAS BEEN CONVICTED OF A VIOLATION OF 8 SECTION [3731] 3802 (RELATING TO DRIVING UNDER INFLUENCE OF 9 ALCOHOL OR CONTROLLED SUBSTANCE) WITHIN THE PRECEDING SEVEN 10 YEARS. 11 * * * 12 § 1575. PERMITTING VIOLATION OF TITLE. 13 * * * 14 (B) PENALTY.--ANY PERSON VIOLATING THE PROVISIONS OF 15 SUBSECTION (A) IS GUILTY OF A SUMMARY OFFENSE AND IS SUBJECT TO 16 THE SAME FINE AS THE DRIVER OF THE VEHICLE. IF THE DRIVER IS 17 CONVICTED UNDER SECTION [3731 (RELATING TO DRIVING UNDER 18 INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE) OR] 3735 (RELATING 19 TO HOMICIDE BY VEHICLE WHILE DRIVING UNDER INFLUENCE) OR 3802 20 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED 21 SUBSTANCE), THE PERSON VIOLATING SUBSECTION (A) SHALL ALSO BE 22 SUBJECT TO SUSPENSION OR REVOCATION, AS APPLICABLE, UNDER 23 SECTIONS [1532 (RELATING TO REVOCATION OR SUSPENSION OF 24 OPERATING PRIVILEGE)] 3804(E) (RELATING TO PENALTIES) AND 1542 25 (RELATING TO REVOCATION OF HABITUAL OFFENDER'S LICENSE). 26 * * * 27 § 1586. DUTIES OF DEPARTMENT. 28 THE DEPARTMENT SHALL, FOR PURPOSES OF IMPOSING A SUSPENSION 29 OR REVOCATION UNDER ARTICLE IV OF THE COMPACT, TREAT REPORTS OF 30 CONVICTIONS RECEIVED FROM PARTY STATES THAT RELATE TO DRIVING, 20030S0008B1078 - 105 -
1 OPERATING OR BEING IN ACTUAL PHYSICAL CONTROL OF A VEHICLE WHILE 2 IMPAIRED BY OR UNDER THE INFLUENCE OF ALCOHOL, INTOXICATING 3 LIQUOR, DRUGS, NARCOTICS, CONTROLLED SUBSTANCES OR OTHER 4 IMPAIRING OR INTOXICATING SUBSTANCE AS BEING SUBSTANTIALLY 5 SIMILAR TO SECTION [3731] 3802 (RELATING TO DRIVING UNDER THE 6 INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE). THE FACT THAT THE 7 OFFENSE REPORTED TO THE DEPARTMENT BY A PARTY STATE MAY REQUIRE 8 A DIFFERENT DEGREE OF IMPAIRMENT OF A PERSON'S ABILITY TO 9 OPERATE, DRIVE OR CONTROL A VEHICLE THAN THAT REQUIRED TO 10 SUPPORT A CONVICTION FOR A VIOLATION OF SECTION [3731] 3802 11 SHALL NOT BE A BASIS FOR DETERMINING THAT THE PARTY STATE'S 12 OFFENSE IS NOT SUBSTANTIALLY SIMILAR TO SECTION [3731] 3802 FOR 13 PURPOSES OF ARTICLE IV OF THE COMPACT. 14 § 1611. DISQUALIFICATION. 15 (A) DISQUALIFICATION FOR FIRST VIOLATION OF CERTAIN 16 OFFENSES.--UPON RECEIPT OF A CERTIFIED COPY OF CONVICTION, THE 17 DEPARTMENT SHALL, IN ADDITION TO ANY OTHER PENALTIES IMPOSED 18 UNDER THIS TITLE, DISQUALIFY ANY PERSON FROM DRIVING A 19 COMMERCIAL MOTOR VEHICLE OR SCHOOL VEHICLE FOR A PERIOD OF ONE 20 YEAR FOR THE FIRST VIOLATION OF: 21 (1) SECTION [3731] 3802 (RELATING TO DRIVING UNDER THE 22 INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE), WHERE THE 23 VIOLATION OCCURRED WHILE THE PERSON WAS OPERATING A 24 COMMERCIAL MOTOR VEHICLE OR SCHOOL VEHICLE; 25 * * * 26 § 3101. APPLICATION OF PART. 27 * * * 28 (B) SERIOUS TRAFFIC OFFENSES.--THE PROVISIONS OF SECTION 29 3345 (RELATING TO MEETING OR OVERTAKING SCHOOL BUS) [AND], 30 SUBCHAPTER B OF CHAPTER 37 (RELATING TO SERIOUS TRAFFIC 20030S0008B1078 - 106 -
1 OFFENSES) AND CHAPTER 38 (RELATING TO DRIVING WHILE IMPAIRED) 2 SHALL APPLY UPON HIGHWAYS AND TRAFFICWAYS THROUGHOUT THIS 3 COMMONWEALTH. 4 § 3326. DUTY OF DRIVER IN CONSTRUCTION AND MAINTENANCE AREAS OR 5 ON HIGHWAY SAFETY CORRIDORS. 6 * * * 7 (C) FINES TO BE DOUBLED.-- FOR ANY OF THE FOLLOWING 8 VIOLATIONS, WHEN COMMITTED IN AN ACTIVE WORK ZONE MANNED BY 9 WORKERS ACTING IN THEIR OFFICIAL CAPACITY OR ON A HIGHWAY SAFETY 10 CORRIDOR DESIGNATED UNDER SECTION 6105.1 (RELATING TO 11 DESIGNATION OF HIGHWAY SAFETY CORRIDORS), THE FINE SHALL BE 12 DOUBLE THE USUAL AMOUNT: 13 SECTION 3102 (RELATING TO OBEDIENCE TO AUTHORIZED 14 PERSONS DIRECTING TRAFFIC). 15 SECTION 3111 (RELATING TO OBEDIENCE TO TRAFFIC- 16 CONTROL DEVICES). 17 SECTION 3112 (RELATING TO TRAFFIC-CONTROL SIGNALS). 18 SECTION 3114 (RELATING TO FLASHING SIGNALS). 19 SECTION 3302 (RELATING TO MEETING VEHICLE PROCEEDING 20 IN OPPOSITE DIRECTION). 21 SECTION 3303 (RELATING TO OVERTAKING VEHICLE ON THE 22 LEFT). 23 SECTION 3304 (RELATING TO OVERTAKING VEHICLE ON THE 24 RIGHT). 25 SECTION 3305 (RELATING TO LIMITATIONS ON OVERTAKING 26 ON THE LEFT). 27 SECTION 3306 (RELATING TO LIMITATIONS ON DRIVING ON 28 LEFT SIDE OF ROADWAY). 29 SECTION 3307 (RELATING TO NO-PASSING ZONES). 30 SECTION 3309 (RELATING TO DRIVING ON ROADWAYS LANED 20030S0008B1078 - 107 -
1 FOR TRAFFIC). 2 SECTION 3310 (RELATING TO FOLLOWING TOO CLOSELY). 3 SECTION 3323 (RELATING TO STOP SIGNS AND YIELD 4 SIGNS). 5 SECTION 3326 (RELATING TO DUTY OF DRIVER IN 6 CONSTRUCTION AND MAINTENANCE AREAS). 7 SECTION 3361 (RELATING TO DRIVING VEHICLE AT SAFE 8 SPEED). 9 SECTION 3362 (RELATING TO MAXIMUM SPEED LIMITS). 10 SECTION 3702 (RELATING TO LIMITATIONS ON BACKING). 11 SECTION 3714 (RELATING TO CARELESS DRIVING). 12 SECTION 3715 (RELATING TO RESTRICTION ON ALCOHOLIC 13 BEVERAGES). 14 [SECTION 3731 (RELATING TO DRIVING UNDER INFLUENCE OF 15 ALCOHOL OR CONTROLLED SUBSTANCE).] 16 SECTION 3736 (RELATING TO RECKLESS DRIVING). 17 SECTION 3802 (RELATING TO DRIVING UNDER INFLUENCE OF 18 ALCOHOL OR CONTROLLED SUBSTANCE). 19 * * * 20 § 3327. DUTY OF DRIVER IN EMERGENCY RESPONSE AREAS. 21 * * * 22 (E) FINES TO BE DOUBLED.--IN ADDITION TO ANY PENALTY AS 23 PROVIDED IN SUBSECTION (B), THE FINE FOR ANY OF THE FOLLOWING 24 VIOLATIONS WHEN COMMITTED IN AN EMERGENCY RESPONSE AREA MANNED 25 BY EMERGENCY SERVICE RESPONDERS SHALL BE DOUBLE THE USUAL 26 AMOUNT: 27 SECTION 3102 (RELATING TO OBEDIENCE TO AUTHORIZED PERSONS 28 DIRECTING TRAFFIC). 29 SECTION 3111 (RELATING TO OBEDIENCE TO TRAFFIC-CONTROL 30 DEVICES). 20030S0008B1078 - 108 -
1 SECTION 3114 (RELATING TO FLASHING SIGNALS). 2 SECTION 3302 (RELATING TO MEETING VEHICLE PROCEEDING IN 3 OPPOSITE DIRECTION). 4 SECTION 3303 (RELATING TO OVERTAKING VEHICLE ON THE 5 LEFT). 6 SECTION 3304 (RELATING TO OVERTAKING VEHICLE ON THE 7 RIGHT). 8 SECTION 3305 (RELATING TO LIMITATIONS ON OVERTAKING ON 9 THE LEFT). 10 SECTION 3306 (RELATING TO LIMITATIONS ON DRIVING ON LEFT 11 SIDE OF ROADWAY). 12 SECTION 3307 (RELATING TO NO-PASSING ZONES). 13 SECTION 3310 (RELATING TO FOLLOWING TOO CLOSELY). 14 SECTION 3312 (RELATING TO LIMITED ACCESS HIGHWAY 15 ENTRANCES AND EXITS). 16 SECTION 3323 (RELATING TO STOP SIGNS AND YIELD SIGNS). 17 SECTION 3325 (RELATING TO DUTY OF DRIVER ON APPROACH OF 18 EMERGENCY VEHICLE). 19 SECTION 3361 (RELATING TO DRIVING VEHICLE AT SAFE SPEED). 20 SECTION 3707 (RELATING TO DRIVING OR STOPPING CLOSE TO 21 FIRE APPARATUS). 22 SECTION 3710 (RELATING TO STOPPING AT INTERSECTION OR 23 CROSSING TO PREVENT OBSTRUCTION). 24 SECTION 3714 (RELATING TO CARELESS DRIVING). 25 SECTION 3715.1 (RELATING TO RESTRICTION ON ALCOHOLIC 26 BEVERAGES). 27 [SECTION 3731 (RELATING TO DRIVING UNDER INFLUENCE OF 28 ALCOHOL OR CONTROLLED SUBSTANCE).] 29 SECTION 3736 (RELATING TO RECKLESS DRIVING). 30 SECTION 3802 (RELATING TO DRIVING UNDER INFLUENCE OF 20030S0008B1078 - 109 -
1 ALCOHOL OR CONTROLLED SUBSTANCE). 2 * * * 3 § 3716. ACCIDENTS INVOLVING OVERTURNED VEHICLES. 4 (A) SPEEDING, CARELESS DRIVING, ETC.--IF A COMMERCIAL MOTOR 5 VEHICLE OVERTURNS IN AN ACCIDENT RESULTING FROM A VIOLATION OF 6 SECTION 3361 (RELATING TO DRIVING VEHICLE AT SAFE SPEED), 3362 7 (RELATING TO MAXIMUM SPEED LIMITS), 3714 (RELATING TO CARELESS 8 DRIVING) OR [3731] 3802 (RELATING TO DRIVING UNDER INFLUENCE OF 9 ALCOHOL OR CONTROLLED SUBSTANCE), THE OPERATOR OF THE VEHICLE 10 SHALL, UPON CONVICTION OF ANY OF THE AFOREMENTIONED OFFENSES, BE 11 SENTENCED TO PAY A FINE OF $2,000, IN ADDITION TO ANY OTHER 12 PENALTY AUTHORIZED BY LAW. 13 * * * 14 SECTION 16. SECTION 3731 OF TITLE 75 IS REPEALED. 15 SECTION 17. SECTIONS 3732(A), 3735(A), 3735.1(A) AND 3755(A) 16 OF TITLE 75 ARE AMENDED TO READ: 17 § 3732. HOMICIDE BY VEHICLE. 18 (A) OFFENSE.--ANY PERSON WHO RECKLESSLY OR WITH GROSS 19 NEGLIGENCE CAUSES THE DEATH OF ANOTHER PERSON WHILE ENGAGED IN 20 THE VIOLATION OF ANY LAW OF THIS COMMONWEALTH OR MUNICIPAL 21 ORDINANCE APPLYING TO THE OPERATION OR USE OF A VEHICLE OR TO 22 THE REGULATION OF TRAFFIC EXCEPT SECTION [3731] 3802 (RELATING 23 TO DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE) 24 IS GUILTY OF HOMICIDE BY VEHICLE, A FELONY OF THE THIRD DEGREE, 25 WHEN THE VIOLATION IS THE CAUSE OF DEATH. 26 * * * 27 § 3735. HOMICIDE BY VEHICLE WHILE DRIVING UNDER INFLUENCE. 28 (A) OFFENSE DEFINED.--ANY PERSON WHO UNINTENTIONALLY CAUSES 29 THE DEATH OF ANOTHER PERSON AS THE RESULT OF A VIOLATION OF 30 SECTION [3731] 3802 (RELATING TO DRIVING UNDER INFLUENCE OF 20030S0008B1078 - 110 -
1 ALCOHOL OR CONTROLLED SUBSTANCE) AND WHO IS CONVICTED OF 2 VIOLATING SECTION [3731] 3802 IS GUILTY OF A FELONY OF THE 3 SECOND DEGREE WHEN THE VIOLATION IS THE CAUSE OF DEATH AND THE 4 SENTENCING COURT SHALL ORDER THE PERSON TO SERVE A MINIMUM TERM 5 OF IMPRISONMENT OF NOT LESS THAN THREE YEARS. A CONSECUTIVE 6 THREE-YEAR TERM OF IMPRISONMENT SHALL BE IMPOSED FOR EACH VICTIM 7 WHOSE DEATH IS THE RESULT OF THE VIOLATION OF SECTION [3731] 8 3802. 9 * * * 10 § 3735.1. AGGRAVATED ASSAULT BY VEHICLE WHILE DRIVING UNDER THE 11 INFLUENCE. 12 (A) OFFENSE DEFINED.--ANY PERSON WHO NEGLIGENTLY CAUSES 13 SERIOUS BODILY INJURY TO ANOTHER PERSON AS THE RESULT OF A 14 VIOLATION OF SECTION [3731] 3802 (RELATING TO DRIVING UNDER 15 INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE) AND WHO IS 16 CONVICTED OF VIOLATING SECTION [3731] 3802 COMMITS A FELONY OF 17 THE SECOND DEGREE WHEN THE VIOLATION IS THE CAUSE OF THE INJURY. 18 * * * 19 § 3755. REPORTS BY EMERGENCY ROOM PERSONNEL. 20 (A) GENERAL RULE.--IF, AS A RESULT OF A MOTOR VEHICLE 21 ACCIDENT, THE PERSON WHO DROVE, OPERATED OR WAS IN ACTUAL 22 PHYSICAL CONTROL OF THE MOVEMENT OF ANY INVOLVED MOTOR VEHICLE 23 REQUIRES MEDICAL TREATMENT IN AN EMERGENCY ROOM OF A HOSPITAL 24 AND IF PROBABLE CAUSE EXISTS TO BELIEVE A VIOLATION OF SECTION 25 [3731] 3802 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR 26 CONTROLLED SUBSTANCE) WAS INVOLVED, THE EMERGENCY ROOM PHYSICIAN 27 OR HIS DESIGNEE SHALL PROMPTLY TAKE BLOOD SAMPLES FROM THOSE 28 PERSONS AND TRANSMIT THEM WITHIN 24 HOURS FOR TESTING TO THE 29 DEPARTMENT OF HEALTH OR A CLINICAL LABORATORY LICENSED AND 30 APPROVED BY THE DEPARTMENT OF HEALTH AND SPECIFICALLY DESIGNATED 20030S0008B1078 - 111 -
1 FOR THIS PURPOSE. THIS SECTION SHALL BE APPLICABLE TO ALL 2 INJURED OCCUPANTS WHO WERE CAPABLE OF MOTOR VEHICLE OPERATION IF 3 THE OPERATOR OR PERSON IN ACTUAL PHYSICAL CONTROL OF THE 4 MOVEMENT OF THE MOTOR VEHICLE CANNOT BE DETERMINED. TEST RESULTS 5 SHALL BE RELEASED UPON REQUEST OF THE PERSON TESTED, HIS 6 ATTORNEY, HIS PHYSICIAN OR GOVERNMENTAL OFFICIALS OR AGENCIES. 7 * * * 8 SECTION 18. TITLE 75 IS AMENDED BY ADDING A CHAPTER TO READ: 9 CHAPTER 38 10 DRIVING WHILE IMPAIRED 11 SEC. 12 3801. DEFINITIONS. 13 3802. DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED 14 SUBSTANCE. 15 3803. GRADING. 16 3804. PENALTIES. 17 3805. IGNITION INTERLOCK. 18 3806. PRIOR OFFENSES. 19 3807. ACCELERATED REHABILITATIVE DISPOSITION. 20 3808. ILLEGALLY OPERATING A MOTOR VEHICLE NOT EQUIPPED WITH 21 IGNITION INTERLOCK. 22 3809. RESTRICTION ON ALCOHOLIC BEVERAGES. 23 3810. AUTHORIZED USE NOT A DEFENSE. 24 3811. CERTAIN ARRESTS AUTHORIZED. 25 3812. PRELIMINARY HEARING OR ARRAIGNMENT. 26 3813. WORK RELEASE. 27 3814. DRUG AND ALCOHOL ASSESSMENTS. 28 3815. MANDATORY SENTENCING. 29 3816. REQUIREMENTS FOR DRIVING UNDER INFLUENCE OFFENDERS. 30 3817. REPORTING REQUIREMENTS FOR OFFENSES. 20030S0008B1078 - 112 -
1 § 3801. DEFINITIONS. 2 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER 3 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE 4 CONTEXT CLEARLY INDICATES OTHERWISE: 5 "ADULT." AN INDIVIDUAL WHO IS AT LEAST 21 YEARS OF AGE. 6 "IGNITION INTERLOCK SYSTEM." A SYSTEM APPROVED BY THE 7 DEPARTMENT WHICH PREVENTS A VEHICLE FROM BEING STARTED OR 8 OPERATED UNLESS THE OPERATOR FIRST PROVIDES A BREATH SAMPLE 9 INDICATING THAT THE OPERATOR HAS AN ALCOHOL LEVEL LESS THAN 10 .025%. 11 "MINOR." AN INDIVIDUAL WHO IS UNDER 21 YEARS OF AGE. 12 § 3802. DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED 13 SUBSTANCE. 14 (A) GENERAL IMPAIRMENT.-- 15 (1) AN INDIVIDUAL MAY NOT DRIVE, OPERATE OR BE IN ACTUAL 16 PHYSICAL CONTROL OF THE MOVEMENT OF A VEHICLE AFTER IMBIBING 17 A SUFFICIENT AMOUNT OF ALCOHOL SUCH THAT THE INDIVIDUAL WAS 18 INCAPABLE OF SAFELY DRIVING, OPERATING OR BEING IN ACTUAL 19 PHYSICAL CONTROL OF THE MOVEMENT OF THE VEHICLE. 20 (2) AN INDIVIDUAL MAY NOT DRIVE, OPERATE OR BE IN ACTUAL 21 PHYSICAL CONTROL OF THE MOVEMENT OF A VEHICLE AFTER IMBIBING 22 A SUFFICIENT AMOUNT OF ALCOHOL SUCH THAT THE ALCOHOL 23 CONCENTRATION IN THE INDIVIDUAL'S BLOOD OR BREATH IS AT LEAST 24 .08% BUT LESS THAN .10% WITHIN THREE HOURS AFTER THE 25 INDIVIDUAL HAS DRIVEN, OPERATED OR BEEN IN ACTUAL PHYSICAL 26 CONTROL OF THE MOVEMENT OF THE VEHICLE. 27 (B) HIGH RATE OF ALCOHOL.--AN INDIVIDUAL MAY NOT DRIVE, 28 OPERATE OR BE IN ACTUAL PHYSICAL CONTROL OF THE MOVEMENT OF A 29 VEHICLE AFTER IMBIBING A SUFFICIENT AMOUNT OF ALCOHOL SUCH THAT 30 THE ALCOHOL CONCENTRATION IN THE INDIVIDUAL'S BLOOD OR BREATH IS 20030S0008B1078 - 113 -
1 AT LEAST .10% BUT LESS THAN .16% WITHIN THREE HOURS AFTER THE 2 INDIVIDUAL HAS DRIVEN, OPERATED OR BEEN IN ACTUAL PHYSICAL 3 CONTROL OF THE MOVEMENT OF THE VEHICLE. 4 (C) HIGHEST RATE OF ALCOHOL.--AN INDIVIDUAL MAY NOT DRIVE, 5 OPERATE OR BE IN ACTUAL PHYSICAL CONTROL OF THE MOVEMENT OF A 6 VEHICLE AFTER IMBIBING A SUFFICIENT AMOUNT OF ALCOHOL SUCH THAT 7 THE ALCOHOL CONCENTRATION IN THE INDIVIDUAL'S BLOOD OR BREATH IS 8 .16% OR HIGHER WITHIN THREE HOURS AFTER THE INDIVIDUAL HAS 9 DRIVEN, OPERATED OR BEEN IN ACTUAL PHYSICAL CONTROL OF THE 10 MOVEMENT OF THE VEHICLE. 11 (D) CONTROLLED SUBSTANCES.--AN INDIVIDUAL MAY NOT DRIVE, 12 OPERATE OR BE IN ACTUAL PHYSICAL CONTROL OF THE MOVEMENT OF A 13 VEHICLE UNDER ANY OF THE FOLLOWING CIRCUMSTANCES: 14 (1) THERE IS IN THE INDIVIDUAL'S BLOOD ANY AMOUNT OF A: 15 (I) SCHEDULE I CONTROLLED SUBSTANCE, AS DEFINED IN 16 THE ACT OF APRIL 14, 1972 (P.L.233, NO.64), KNOWN AS THE 17 CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT; 18 (II) SCHEDULE II OR SCHEDULE III CONTROLLED 19 SUBSTANCE, AS DEFINED IN THE CONTROLLED SUBSTANCE, DRUG, 20 DEVICE AND COSMETIC ACT, WHICH HAS NOT BEEN MEDICALLY 21 PRESCRIBED FOR THE INDIVIDUAL; OR 22 (III) METABOLITE OF A SUBSTANCE UNDER SUBPARAGRAPH 23 (I) OR (II). 24 (2) THE INDIVIDUAL IS UNDER THE INFLUENCE OF A DRUG OR 25 COMBINATION OF DRUGS TO A DEGREE WHICH IMPAIRS THE 26 INDIVIDUAL'S ABILITY TO SAFELY DRIVE, OPERATE OR BE IN ACTUAL 27 PHYSICAL CONTROL OF THE MOVEMENT OF THE VEHICLE. 28 (3) THE INDIVIDUAL IS UNDER THE COMBINED INFLUENCE OF 29 ALCOHOL AND A DRUG OR COMBINATION OF DRUGS TO A DEGREE WHICH 30 IMPAIRS THE INDIVIDUAL'S ABILITY TO SAFELY DRIVE, OPERATE OR 20030S0008B1078 - 114 -
1 BE IN ACTUAL PHYSICAL CONTROL OF THE MOVEMENT OF THE VEHICLE. 2 (4) THE INDIVIDUAL IS UNDER THE INFLUENCE OF A SOLVENT 3 OR NOXIOUS SUBSTANCE IN VIOLATION OF 18 PA.C.S. § 7303 4 (RELATING TO SALE OR ILLEGAL USE OF CERTAIN SOLVENTS AND 5 NOXIOUS SUBSTANCES). 6 (E) MINORS.--A MINOR MAY NOT DRIVE, OPERATE OR BE IN ACTUAL 7 PHYSICAL CONTROL OF THE MOVEMENT OF A VEHICLE AFTER IMBIBING A 8 SUFFICIENT AMOUNT OF ALCOHOL SUCH THAT THE ALCOHOL CONCENTRATION 9 IN THE MINOR'S BLOOD OR BREATH IS .02% OR HIGHER WITHIN THREE 10 HOURS AFTER THE MINOR HAS DRIVEN, OPERATED OR BEEN IN ACTUAL 11 PHYSICAL CONTROL OF THE MOVEMENT OF THE VEHICLE. 12 (F) COMMERCIAL SCHOOL VEHICLES.--AN INDIVIDUAL MAY NOT 13 DRIVE, OPERATE OR BE IN ACTUAL PHYSICAL CONTROL OF THE MOVEMENT 14 OF A COMMERCIAL VEHICLE OR SCHOOL VEHICLE IN ANY OF THE 15 FOLLOWING CIRCUMSTANCES: 16 (1) AFTER THE INDIVIDUAL HAS IMBIBED A SUFFICIENT AMOUNT 17 OF ALCOHOL SUCH THAT THE ALCOHOL CONCENTRATION IN THE 18 INDIVIDUAL'S BLOOD OR BREATH IS: 19 (I) .04% OR GREATER WITHIN THREE HOURS AFTER THE 20 INDIVIDUAL HAS DRIVEN, OPERATED OR BEEN IN ACTUAL 21 PHYSICAL CONTROL OF THE MOVEMENT OF A COMMERCIAL VEHICLE 22 OTHER THAN A SCHOOL BUS OR A SCHOOL VEHICLE. 23 (II) .02% OR GREATER WITHIN THREE HOURS AFTER THE 24 INDIVIDUAL HAS DRIVEN, OPERATED OR BEEN IN ACTUAL 25 PHYSICAL CONTROL OF THE MOVEMENT OF A SCHOOL BUS OR A 26 SCHOOL VEHICLE. 27 (2) AFTER THE INDIVIDUAL HAS IMBIBED A SUFFICIENT AMOUNT 28 OF ALCOHOL SUCH THAT THE INDIVIDUAL WAS INCAPABLE OF SAFELY 29 DRIVING, OPERATING OR BEING IN ACTUAL PHYSICAL CONTROL OF THE 30 MOVEMENT OF A COMMERCIAL VEHICLE. 20030S0008B1078 - 115 -
1 (3) WHILE THE INDIVIDUAL IS UNDER THE INFLUENCE OF A 2 CONTROLLED SUBSTANCE OR COMBINATION OF CONTROLLED SUBSTANCES, 3 AS DEFINED IN SECTION 1603 (RELATING TO DEFINITIONS). 4 (4) WHILE THE INDIVIDUAL IS UNDER THE COMBINED INFLUENCE 5 OF ALCOHOL AND A CONTROLLED SUBSTANCE OR COMBINATION OF 6 CONTROLLED SUBSTANCES, AS DEFINED IN SECTION 1603. 7 (G) EXCEPTION TO THREE-HOUR RULE.--NOTWITHSTANDING THE 8 PROVISIONS OF SUBSECTION (A), (B), (C), (E) OR (F), WHERE 9 ALCOHOL CONCENTRATION IN AN INDIVIDUAL'S BLOOD OR BREATH IS AN 10 ELEMENT OF THE OFFENSE, EVIDENCE OF SUCH ALCOHOL CONCENTRATION 11 MORE THAN THREE HOURS AFTER THE INDIVIDUAL HAS DRIVEN, OPERATED 12 OR BEEN IN ACTUAL PHYSICAL CONTROL OF THE MOVEMENT OF THE 13 VEHICLE IS SUFFICIENT TO ESTABLISH THAT ELEMENT OF THE OFFENSE 14 UNDER THE FOLLOWING CIRCUMSTANCES: 15 (1) WHERE THE COMMONWEALTH SHOWS GOOD CAUSE EXPLAINING 16 WHY THE CHEMICAL TEST COULD NOT BE PERFORMED WITHIN THREE 17 HOURS; AND 18 (2) WHERE THE COMMONWEALTH ESTABLISHES THAT THE 19 INDIVIDUAL DID NOT IMBIBE ANY ALCOHOL BETWEEN THE TIME THE 20 INDIVIDUAL WAS ARRESTED AND THE TIME THE TEST WAS PERFORMED. 21 § 3803. GRADING. 22 (A) BASIC OFFENSES.-- 23 (1) AN INDIVIDUAL WHO VIOLATES SECTION 3802(A) (RELATING 24 TO DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED 25 SUBSTANCE) AND HAS NO MORE THAN ONE PRIOR OFFENSE COMMITS A 26 MISDEMEANOR FOR WHICH THE INDIVIDUAL MAY BE SENTENCED TO A 27 TERM OF IMPRISONMENT OF NOT MORE THAN SIX MONTHS AND TO PAY A 28 FINE UNDER SECTION 3804 (RELATING TO PENALTIES). 29 (2) AN INDIVIDUAL WHO VIOLATES SECTION 3802(A) AND HAS 30 MORE THAN ONE PRIOR OFFENSE COMMITS A MISDEMEANOR OF THE 20030S0008B1078 - 116 -
1 SECOND DEGREE. 2 (B) OTHER OFFENSES.-- 3 (1) AN INDIVIDUAL WHO VIOLATES SECTION 3802(B), (E) OR 4 (F) AND WHO HAS NO MORE THAN ONE PRIOR OFFENSE COMMITS A 5 MISDEMEANOR FOR WHICH THE INDIVIDUAL MAY BE SENTENCED TO A 6 TERM OF IMPRISONMENT OF NOT MORE THAN SIX MONTHS AND TO PAY A 7 FINE UNDER SECTION 3804. 8 (2) AN INDIVIDUAL WHO VIOLATES SECTION 3802(C) OR (D) 9 AND WHO HAS NO PRIOR OFFENSES COMMITS A MISDEMEANOR FOR WHICH 10 THE INDIVIDUAL MAY BE SENTENCED TO A TERM OF IMPRISONMENT OF 11 NOT MORE THAN SIX MONTHS AND TO PAY A FINE UNDER SECTION 12 3804. 13 (3) AN INDIVIDUAL WHO VIOLATES SECTION 3802(B), (E) OR 14 (F) AND WHO HAS MORE THAN ONE PRIOR OFFENSE COMMITS A 15 MISDEMEANOR OF THE FIRST DEGREE. 16 (4) AN INDIVIDUAL WHO VIOLATES SECTION 3802(C) OR (D) 17 AND WHO HAS ONE OR MORE PRIOR OFFENSES COMMITS A MISDEMEANOR 18 OF THE FIRST DEGREE. 19 § 3804. PENALTIES. 20 (A) GENERAL IMPAIRMENT.--AN INDIVIDUAL WHO VIOLATES SECTION 21 3802(A) (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR 22 CONTROLLED SUBSTANCE) SHALL BE SENTENCED AS FOLLOWS: 23 (1) FOR A FIRST OFFENSE, TO: 24 (I) UNDERGO A PERIOD OF PROBATION NOT TO EXCEED SIX 25 MONTHS; 26 (II) PAY A FINE OF $300; 27 (III) ATTEND AN ALCOHOL HIGHWAY SAFETY SCHOOL 28 APPROVED BY THE DEPARTMENT; AND 29 (IV) COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT 30 REQUIREMENTS IMPOSED UNDER SECTION 3814 (RELATING TO DRUG 20030S0008B1078 - 117 -
1 AND ALCOHOL ASSESSMENTS) AND SECTION 3815 (RELATING TO 2 MANDATORY SENTENCING). 3 (2) FOR A SECOND OFFENSE, TO: 4 (I) UNDERGO IMPRISONMENT FOR NOT LESS THAN FIVE DAYS 5 NOR MORE THAN SIX MONTHS; 6 (II) PAY A FINE OF NOT LESS THAN $300 NOR MORE THAN 7 $2,500; 8 (III) ATTEND AN ALCOHOL HIGHWAY SAFETY SCHOOL 9 APPROVED BY THE DEPARTMENT; AND 10 (IV) COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT 11 REQUIREMENTS IMPOSED UNDER SECTIONS 3814 AND 3815. 12 (3) FOR A THIRD OR SUBSEQUENT OFFENSE, TO: 13 (I) UNDERGO IMPRISONMENT OF NOT LESS THAN TEN DAYS 14 NOR MORE THAN TWO YEARS; 15 (II) PAY A FINE OF NOT LESS THAN $500 NOR MORE THAN 16 $5,000; AND 17 (III) COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT 18 REQUIREMENTS IMPOSED UNDER SECTIONS 3814 AND 3815. 19 (B) HIGH RATE OF BLOOD ALCOHOL; MINORS; COMMERCIAL VEHICLES 20 AND SCHOOL BUSES AND SCHOOL VEHICLES; ACCIDENTS.--EXCEPT AS SET 21 FORTH IN SUBSECTION (C), AN INDIVIDUAL WHO VIOLATES SECTION 22 3802(A)(1) WHERE THERE WAS AN ACCIDENT RESULTING IN BODILY 23 INJURY, SERIOUS BODILY INJURY OR DEATH OF ANY PERSON OR IN 24 DAMAGE TO A VEHICLE OR OTHER PROPERTY OR WHO VIOLATES SECTION 25 3802(B), (E) OR (F) SHALL BE SENTENCED AS FOLLOWS: 26 (1) FOR A FIRST OFFENSE, TO: 27 (I) UNDERGO IMPRISONMENT OF NOT LESS THAN 72 28 CONSECUTIVE HOURS NOR MORE THAN SIX MONTHS; 29 (II) PAY A FINE OF NOT LESS THAN $500 NOR MORE THAN 30 $5,000; 20030S0008B1078 - 118 -
1 (III) ATTEND AN ALCOHOL HIGHWAY SAFETY SCHOOL 2 APPROVED BY THE DEPARTMENT; AND 3 (IV) COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT 4 REQUIREMENTS IMPOSED UNDER SECTIONS 3814 AND 3815. 5 (2) FOR A SECOND OFFENSE, TO: 6 (I) UNDERGO IMPRISONMENT OF NOT LESS THAN 30 DAYS 7 NOR MORE THAN SIX MONTHS; 8 (II) PAY A FINE OF NOT LESS THAN $750 NOR MORE THAN 9 $5,000; 10 (III) ATTEND AN ALCOHOL HIGHWAY SAFETY SCHOOL 11 APPROVED BY THE DEPARTMENT; AND 12 (IV) COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT 13 REQUIREMENTS IMPOSED UNDER SECTIONS 3814 AND 3815. 14 (3) FOR A THIRD OFFENSE, TO: 15 (I) UNDERGO IMPRISONMENT OF NOT LESS THAN 120 DAYS 16 NOR MORE THAN FIVE YEARS; 17 (II) PAY A FINE OF NOT LESS THAN $1,500 NOR MORE 18 THAN $10,000; AND 19 (III) COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT 20 REQUIREMENTS IMPOSED UNDER SECTIONS 3814 AND 3815. 21 (4) FOR A FOURTH OR SUBSEQUENT OFFENSE, TO: 22 (I) UNDERGO IMPRISONMENT OF NOT LESS THAN ONE YEAR 23 NOR MORE THAN FIVE YEARS; 24 (II) PAY A FINE OF NOT LESS THAN $1,500 NOR MORE 25 THAN $10,000; AND 26 (III) COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT 27 REQUIREMENTS IMPOSED UNDER SECTIONS 3814 AND 3815. 28 (C) INCAPACITY; HIGHEST BLOOD ALCOHOL; CONTROLLED 29 SUBSTANCES.--AN INDIVIDUAL CONVICTED OF VIOLATING SECTION 30 3802(A)(1) AFTER HAVING REFUSED TESTING OF BLOOD OR BREATH OR OF 20030S0008B1078 - 119 -
1 VIOLATING SECTION 3802(C) OR (D) SHALL BE SENTENCED AS FOLLOWS: 2 (1) FOR A FIRST OFFENSE, TO: 3 (I) UNDERGO IMPRISONMENT OF NOT LESS THAN FIVE 4 CONSECUTIVE DAYS NOR MORE THAN SIX MONTHS; 5 (II) PAY A FINE OF NOT LESS THAN $1,000 NOR MORE 6 THAN $5,000; 7 (III) ATTEND AN ALCOHOL HIGHWAY SAFETY SCHOOL 8 APPROVED BY THE DEPARTMENT; AND 9 (IV) COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT 10 REQUIREMENTS IMPOSED UNDER SECTIONS 3814 AND 3815. 11 (2) FOR A SECOND OFFENSE, TO: 12 (I) UNDERGO IMPRISONMENT OF NOT LESS THAN 90 DAYS 13 NOR MORE THAN FIVE YEARS; 14 (II) PAY A FINE OF NOT LESS THAN $1,500; 15 (III) ATTEND AN ALCOHOL HIGHWAY SAFETY SCHOOL 16 APPROVED BY THE DEPARTMENT; AND 17 (IV) COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT 18 REQUIREMENTS IMPOSED UNDER SECTIONS 3814 AND 3815. 19 (3) FOR A THIRD OR SUBSEQUENT OFFENSE, TO: 20 (I) UNDERGO IMPRISONMENT OF NOT LESS THAN ONE YEAR 21 NOR MORE THAN FIVE YEARS; 22 (II) PAY A FINE OF NOT LESS THAN $2,500; AND 23 (III) COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT 24 REQUIREMENTS IMPOSED UNDER SECTIONS 3814 AND 3815. 25 (D) EXTENDED SUPERVISION OF COURT.--WHERE A PERSON IS 26 SENTENCED PURSUANT TO THIS CHAPTER AND FOLLOWING THE INITIAL 27 ASSESSMENT REQUIRED BY SECTION 3814(1), THE PERSON IS DETERMINED 28 TO BE IN NEED OF ADDITIONAL TREATMENT PURSUANT TO SECTION 29 3814(2), THE JUDGE SHALL IMPOSE A MINIMUM SENTENCE AS PROVIDED 30 BY LAW AND A MAXIMUM SENTENCE EQUAL TO THE STATUTORILY AVAILABLE 20030S0008B1078 - 120 -
1 MAXIMUM. 2 (E) SUSPENSION OF OPERATING PRIVILEGES UPON CONVICTION.-- 3 (1) THE DEPARTMENT SHALL SUSPEND THE OPERATING PRIVILEGE 4 OF AN INDIVIDUAL UNDER PARAGRAPH (2) UPON RECEIVING A 5 CERTIFIED RECORD OF THE INDIVIDUAL'S CONVICTION OF OR AN 6 ADJUDICATION OF DELINQUENCY FOR: 7 (I) AN OFFENSE UNDER SECTION 3802; OR 8 (II) A SUBSTANTIALLY SIMILAR OFFENSE REPORTED TO THE 9 DEPARTMENT UNDER ARTICLE III OF THE COMPACT IN SECTION 10 1581 (RELATING TO DRIVER'S LICENSE COMPACT). 11 (2) SUSPENSION UNDER PARAGRAPH (1)(I) SHALL BE IN 12 ACCORDANCE WITH THE FOLLOWING: 13 (I) EXCEPT AS PROVIDED FOR IN SUBPARAGRAPH (III), 12 14 MONTHS FOR AN UNGRADED MISDEMEANOR OR MISDEMEANOR OF THE 15 SECOND DEGREE UNDER THIS CHAPTER. 16 (II) 24 MONTHS FOR A MISDEMEANOR OF THE FIRST DEGREE 17 UNDER THIS CHAPTER. 18 (III) THERE SHALL BE NO SUSPENSION FOR AN UNGRADED 19 MISDEMEANOR UNDER SECTION 3802(A) WHERE THE PERSON HAS NO 20 PRIOR OFFENSE. 21 (3) SUSPENSION IMPOSED UNDER PARAGRAPH (1)(II) SHALL BE 22 IN ACCORDANCE WITH THE FOLLOWING: 23 (I) EXCEPT AS SET FORTH IN SUBPARAGRAPH (II), THE 24 PERIOD SHALL BE SIX MONTHS. 25 (II) IF THE INDIVIDUAL HAS A PRIOR OFFENSE AS 26 DEFINED BY SECTION 3806(A) (RELATING TO PRIOR OFFENSES), 27 THE PERIOD SHALL BE ONE YEAR. 28 (III) NOTWITHSTANDING ANY PROVISION OF LAW OR 29 ENFORCEMENT AGREEMENT TO THE CONTRARY, A SUSPENSION 30 IMPOSED PURSUANT TO PARAGRAPH (1)(II) SHALL DATE FROM AND 20030S0008B1078 - 121 -
1 RUN CONCURRENTLY TO ANY SUSPENSION IMPOSED BY THE 2 REPORTING PARTY STATE. 3 (F) COMMUNITY SERVICE ASSIGNMENTS.--IN ADDITION TO THE 4 PENALTIES SET FORTH IN THIS SECTION, THE SENTENCING JUDGE MAY 5 IMPOSE UP TO 150 HOURS OF COMMUNITY SERVICE. WHERE THE 6 INDIVIDUAL HAS BEEN ORDERED TO DRUG AND ALCOHOL TREATMENT 7 PURSUANT TO SECTIONS 3814 AND 3815, THE COMMUNITY SERVICE SHALL 8 BE CERTIFIED BY THE DRUG AND ALCOHOL TREATMENT PROGRAM AS 9 CONSISTENT WITH ANY DRUG AND ALCOHOL TREATMENT REQUIREMENTS 10 IMPOSED UNDER SECTIONS 3814 AND 3815. 11 (G) COURT-ORDERED IGNITION INTERLOCK.--IF THE PERSON HAS A 12 PRIOR OFFENSE AS DEFINED IN SECTION 3806(A), THE COURT SHALL 13 ORDER THE DEPARTMENT TO REQUIRE AN IGNITION INTERLOCK SYSTEM 14 UNDER SECTION 3805 (RELATING TO IGNITION INTERLOCK). 15 (H) SENTENCING GUIDELINES.--THE SENTENCING GUIDELINES 16 PROMULGATED BY THE PENNSYLVANIA COMMISSION ON SENTENCING SHALL 17 NOT SUPERSEDE THE MANDATORY PENALTIES OF THIS SECTION. 18 (I) APPEAL.--THE COMMONWEALTH HAS THE RIGHT TO APPEAL 19 DIRECTLY TO THE SUPERIOR COURT ANY ORDER OF COURT WHICH IMPOSES 20 A SENTENCE FOR VIOLATION OF THIS SECTION WHICH DOES NOT MEET THE 21 REQUIREMENTS OF THIS SECTION. THE SUPERIOR COURT SHALL REMAND 22 THE CASE TO THE SENTENCING COURT FOR IMPOSITION OF A SENTENCE IN 23 ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. 24 (J) FIRST CLASS CITIES.--NOTWITHSTANDING THE PROVISION FOR 25 DIRECT APPEAL TO THE SUPERIOR COURT, IF, IN A CITY OF THE FIRST 26 CLASS, A PERSON APPEALS FROM A JUDGMENT OF SENTENCE UNDER THIS 27 SECTION FROM THE MUNICIPAL COURT TO THE COMMON PLEAS COURT FOR A 28 TRIAL DE NOVO, THE COMMONWEALTH SHALL HAVE THE RIGHT TO APPEAL 29 DIRECTLY TO THE SUPERIOR COURT FROM THE ORDER OF THE COMMON 30 PLEAS COURT IF THE SENTENCE IMPOSED IS IN VIOLATION OF THIS 20030S0008B1078 - 122 -
1 SECTION. IF, IN A CITY OF THE FIRST CLASS, A PERSON APPEALS TO 2 THE COURT OF COMMON PLEAS AFTER CONVICTION OF A VIOLATION OF 3 THIS SECTION IN THE MUNICIPAL COURT AND THEREAFTER WITHDRAWS HIS 4 APPEAL TO THE COMMON PLEAS COURT, THEREBY REINSTATING THE 5 JUDGMENT OF SENTENCE OF THE MUNICIPAL COURT, THE COMMONWEALTH 6 SHALL HAVE 30 DAYS FROM THE DATE OF THE WITHDRAWAL TO APPEAL TO 7 THE SUPERIOR COURT IF THE SENTENCE IS IN VIOLATION OF THIS 8 SECTION. 9 § 3805. IGNITION INTERLOCK. 10 (A) GENERAL RULE.--WHERE A PERSON VIOLATES SECTION 3802 11 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED 12 SUBSTANCE) AND HAS A PRIOR OFFENSE AS DEFINED IN SECTION 3806(A) 13 (RELATING TO PRIOR OFFENSES) AND THE PERSON SEEKS A RESTORATION 14 OF OPERATING PRIVILEGES, THE DEPARTMENT SHALL REQUIRE AS A 15 CONDITION OF ISSUING A RESTRICTED LICENSE PURSUANT TO THIS 16 SECTION THAT ANY OF THE FOLLOWING OCCUR: 17 (1) EACH MOTOR VEHICLE OWNED BY THE PERSON OR REGISTERED 18 TO THE PERSON HAS BEEN EQUIPPED WITH AN APPROVED IGNITION 19 INTERLOCK SYSTEM AND REMAINS SO FOR THE DURATION OF THE 20 RESTRICTED LICENSE PERIOD. 21 (2) IF THERE ARE NO VEHICLES OWNED BY THE PERSON OR 22 REGISTERED TO THE PERSON THAT THE PERSON SO CERTIFY TO THE 23 DEPARTMENT. A PERSON SO CERTIFYING SHALL BE DEEMED TO HAVE 24 SATISFIED THE REQUIREMENT THAT ALL VEHICLES OWNED BY THE 25 PERSON OR REGISTERED TO THE PERSON BE EQUIPPED WITH AN 26 IGNITION INTERLOCK SYSTEM AS REQUIRED BY THIS SUBSECTION. 27 (B) APPLICATION FOR A RESTRICTED LICENSE.--A PERSON SUBJECT 28 TO THIS SECTION SHALL APPLY TO THE DEPARTMENT FOR AN IGNITION 29 INTERLOCK RESTRICTED LICENSE UNDER SECTION 1951 (RELATING TO 30 DRIVER'S LICENSE AND LEARNER'S PERMIT), WHICH SHALL BE CLEARLY 20030S0008B1078 - 123 -
1 MARKED TO RESTRICT THE PERSON TO OPERATING ONLY MOTOR VEHICLES 2 EQUIPPED WITH AN APPROVED IGNITION INTERLOCK SYSTEM. UPON 3 ISSUANCE OF AN IGNITION INTERLOCK RESTRICTED LICENSE TO ANY 4 PERSON, THE DEPARTMENT SHALL NOTIFY THE PERSON THAT UNTIL THE 5 PERSON OBTAINS AN UNRESTRICTED LICENSE THE PERSON MAY NOT OWN, 6 REGISTER OR OPERATE ANY VEHICLE WHICH IS NOT EQUIPPED WITH AN 7 APPROVED IGNITION INTERLOCK SYSTEM. 8 (C) ISSUANCE OF UNRESTRICTED LICENSE.--ONE YEAR FROM THE 9 DATE OF ISSUANCE OF AN IGNITION INTERLOCK RESTRICTED LICENSE 10 UNDER THIS SECTION, IF OTHERWISE ELIGIBLE, A PERSON MAY APPLY 11 FOR A REPLACEMENT LICENSE UNDER SECTION 1951(D) THAT DOES NOT 12 CONTAIN THE IGNITION INTERLOCK SYSTEM RESTRICTION. 13 (D) PROHIBITION.--UNTIL THE PERSON OBTAINS AN UNRESTRICTED 14 LICENSE, THE PERSON MAY NOT OWN, REGISTER OR OPERATE ANY MOTOR 15 VEHICLE ON A HIGHWAY WITHIN THIS COMMONWEALTH UNLESS THE MOTOR 16 VEHICLE IS EQUIPPED WITH AN APPROVED IGNITION INTERLOCK SYSTEM. 17 (E) ECONOMIC HARDSHIP EXEMPTION.--A PERSON SUBJECT TO THE 18 REQUIREMENTS OF SUBSECTION (A) MAY APPLY TO THE DEPARTMENT FOR A 19 HARDSHIP EXEMPTION TO THE REQUIREMENT THAT AN IGNITION INTERLOCK 20 SYSTEM MUST BE INSTALLED IN EACH OF THE PERSON'S MOTOR VEHICLES. 21 WHERE THE DEPARTMENT DETERMINES THAT THE APPLICANT ESTABLISHES 22 THAT SUCH A REQUIREMENT WOULD RESULT IN UNDUE FINANCIAL 23 HARDSHIP, THE DEPARTMENT MAY PERMIT THE APPLICANT TO INSTALL AN 24 IGNITION INTERLOCK SYSTEM ON ONLY ONE OF THE APPLICANT'S 25 VEHICLES. HOWEVER, THE APPLICANT IN ACCORDANCE WITH SECTION 3808 26 (RELATING TO ILLEGALLY OPERATING A MOTOR VEHICLE NOT EQUIPPED 27 WITH IGNITION INTERLOCK) SHALL BE PROHIBITED FROM DRIVING ANY 28 VEHICLE, INCLUDING ANY OF THE APPLICANT'S VEHICLES, WITHOUT AN 29 IGNITION INTERLOCK SYSTEM. 30 (F) EMPLOYMENT EXEMPTION.--IF A PERSON WITH A RESTRICTED 20030S0008B1078 - 124 -
1 LICENSE IS REQUIRED IN THE COURSE AND SCOPE OF EMPLOYMENT TO 2 OPERATE A MOTOR VEHICLE OWNED BY THE PERSON'S EMPLOYER, THE 3 FOLLOWING APPLY: 4 (1) EXCEPT AS SET FORTH IN PARAGRAPH (2), THE PERSON MAY 5 OPERATE THAT MOTOR VEHICLE IN THE COURSE AND SCOPE OF 6 EMPLOYMENT WITHOUT INSTALLATION OF AN IGNITION INTERLOCK 7 SYSTEM IF: 8 (I) THE EMPLOYER HAS BEEN NOTIFIED THAT THE EMPLOYEE 9 IS RESTRICTED; AND 10 (II) THE EMPLOYEE HAS PROOF OF THE NOTIFICATION IN 11 THE EMPLOYEE'S POSSESSION WHILE OPERATING THE EMPLOYER'S 12 MOTOR VEHICLE. 13 (2) PARAGRAPH (1) DOES NOT APPLY IN ANY OF THE FOLLOWING 14 CIRCUMSTANCES: 15 (I) TO THE EXTENT THAT AN EMPLOYER-OWNED MOTOR 16 VEHICLE IS MADE AVAILABLE TO THE EMPLOYEE FOR PERSONAL 17 USE. 18 (II) IF THE EMPLOYER-OWNED MOTOR VEHICLE IS OWNED BY 19 AN ENTITY WHICH IS WHOLLY OR PARTIALLY OWNED BY THE 20 PERSON SUBJECT TO THIS SECTION. 21 § 3806. PRIOR OFFENSES. 22 (A) GENERAL RULE.--EXCEPT AS SET FORTH IN SUBSECTION (B), 23 THE TERM "PRIOR OFFENSE" AS USED IN THIS CHAPTER SHALL MEAN A 24 CONVICTION, ADJUDICATION OF DELINQUENCY, JUVENILE CONSENT 25 DECREE, ACCEPTANCE OF ACCELERATED REHABILITATIVE DISPOSITION OR 26 OTHER FORM OF PRELIMINARY DISPOSITION BEFORE THE SENTENCING ON 27 THE PRESENT VIOLATION FOR ANY OF THE FOLLOWING: 28 (1) AN OFFENSE UNDER FORMER SECTION 3731 (RELATING TO 29 DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE); 30 (2) AN OFFENSE UNDER SECTION 3802 (RELATING TO DRIVING 20030S0008B1078 - 125 -
1 UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE); 2 (3) AN OFFENSE SUBSTANTIALLY SIMILAR TO AN OFFENSE UNDER 3 PARAGRAPHS (1) OR (2) IN ANOTHER JURISDICTION; OR 4 (4) ANY COMBINATION OF THE OFFENSES SET FORTH IN 5 PARAGRAPHS (1), (2) OR (3). 6 (B) EXCEPTIONS.--FOR PURPOSES OF SECTION 3804 (RELATING TO 7 PENALTIES), THE CALCULATION OF PRIOR AND SUBSEQUENT OFFENSES 8 SHALL INCLUDE ANY CONVICTION, ADJUDICATION OF DELINQUENCY, 9 JUVENILE CONSENT DECREE, ACCEPTANCE OF ACCELERATED 10 REHABILITATIVE DISPOSITION OR OTHER FORM OF PRELIMINARY 11 DISPOSITION WITHIN THE TEN YEARS BEFORE THE PRESENT VIOLATION 12 OCCURRED FOR ANY OF THE FOLLOWING: 13 (1) AN OFFENSE UNDER FORMER SECTION 3731; 14 (2) AN OFFENSE UNDER SECTION 3802; 15 (3) AN OFFENSE SUBSTANTIALLY SIMILAR TO AN OFFENSE UNDER 16 PARAGRAPH (1) OR (2) IN ANOTHER JURISDICTION; OR 17 (4) ANY COMBINATION OF THE OFFENSES SET FORTH IN 18 PARAGRAPH (1), (2) OR (3). 19 § 3807. ACCELERATED REHABILITATIVE DISPOSITION. 20 (A) ELIGIBILITY.-- 21 (1) EXCEPT AS SET FORTH IN PARAGRAPH (2), A DEFENDANT 22 CHARGED WITH A VIOLATION OF SECTION 3802 (RELATING TO DRIVING 23 UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE) MAY BE 24 CONSIDERED BY THE ATTORNEY FOR THE COMMONWEALTH FOR 25 PARTICIPATION IN AN ACCELERATED REHABILITATIVE DISPOSITION 26 PROGRAM IN A COUNTY IF THE PROGRAM INCLUDES THE MINIMUM 27 REQUIREMENTS CONTAINED IN THIS SECTION. 28 (2) THE ATTORNEY FOR THE COMMONWEALTH SHALL NOT SUBMIT A 29 CHARGE BROUGHT UNDER THIS CHAPTER FOR ACCELERATED 30 REHABILITATIVE DISPOSITION IF ANY OF THE FOLLOWING APPLY: 20030S0008B1078 - 126 -
1 (I) THE DEFENDANT HAS BEEN FOUND GUILTY OF OR 2 ACCEPTED ACCELERATED REHABILITATIVE DISPOSITION OF A 3 CHARGE BROUGHT UNDER SECTION 3802 WITHIN TEN YEARS OF THE 4 DATE OF THE CURRENT OFFENSE UNLESS THE CHARGE WAS FOR AN 5 UNGRADED MISDEMEANOR UNDER SECTION 3802(A)(2) AND WAS THE 6 DEFENDANT'S FIRST OFFENSE UNDER SECTION 3802. 7 (II) AN ACCIDENT OCCURRED IN CONNECTION WITH THE 8 EVENTS SURROUNDING THE CURRENT OFFENSE AND AN INDIVIDUAL 9 OTHER THAN THE DEFENDANT WAS KILLED OR SUFFERED SERIOUS 10 BODILY INJURY AS A RESULT OF THE ACCIDENT. 11 (III) THERE WAS A PASSENGER UNDER 14 YEARS OF AGE IN 12 THE VEHICLE THE DEFENDANT WAS OPERATING. 13 (B) EVALUATION AND TREATMENT.-- 14 (1) A DEFENDANT OFFERED ACCELERATED REHABILITATIVE 15 DISPOSITION FOR A VIOLATION OF SECTION 3802 IS, AS A 16 CONDITION OF PARTICIPATION IN THE PROGRAM, SUBJECT TO THE 17 FOLLOWING REQUIREMENTS IN ADDITION TO ANY OTHER CONDITIONS OF 18 PARTICIPATION IMPOSED BY THE COURT: 19 (I) THE DEFENDANT MUST ATTEND AND SUCCESSFULLY 20 COMPLETE AN ALCOHOL HIGHWAY SAFETY SCHOOL ESTABLISHED 21 UNDER SECTION 1549 (RELATING TO ESTABLISHMENT OF 22 SCHOOLS). A PARTICIPATING DEFENDANT SHALL BE GIVEN BOTH 23 ORAL AND WRITTEN NOTICE OF THE PROVISIONS OF SECTION 24 1543(B) (RELATING TO DRIVING WHILE OPERATING PRIVILEGE IS 25 SUSPENDED OR REVOKED). 26 (II) PRIOR TO RECEIVING ACCELERATED REHABILITATIVE 27 DISPOSITION OR OTHER PRELIMINARY DISPOSITION, THE 28 DEFENDANT MUST BE EVALUATED UNDER SECTION 3816(A) 29 (RELATING TO REQUIREMENTS FOR DRIVING UNDER INFLUENCE 30 OFFENDERS) TO DETERMINE THE EXTENT OF THE DEFENDANT'S 20030S0008B1078 - 127 -
1 INVOLVEMENT WITH ALCOHOL OR OTHER DRUG AND TO ASSIST THE 2 COURT IN DETERMINING WHAT CONDITIONS OF ACCELERATED 3 REHABILITATIVE DISPOSITION WOULD BENEFIT THE DEFENDANT 4 AND THE PUBLIC. IF THE EVALUATION INDICATES THERE IS A 5 NEED FOR COUNSELING OR TREATMENT, THE DEFENDANT SHALL BE 6 SUBJECT TO A FULL ASSESSMENT FOR ALCOHOL AND DRUG 7 ADDICTION IN ACCORDANCE WITH THE PROVISIONS OF SECTION 8 3814(3) AND (4) (RELATING TO DRUG AND ALCOHOL 9 ASSESSMENTS). 10 (III) IF THE DEFENDANT IS ASSESSED UNDER 11 SUBPARAGRAPH (II) TO BE IN NEED OF TREATMENT, THE 12 DEFENDANT MUST PARTICIPATE AND COOPERATE WITH A LICENSED 13 ALCOHOL OR DRUG ADDICTION TREATMENT PROGRAM. THE LEVEL 14 AND DURATION OF TREATMENT SHALL BE IN ACCORDANCE WITH THE 15 RECOMMENDATIONS WITH THE FULL ASSESSMENT. NOTHING IN THIS 16 SUBPARAGRAPH SHALL PREVENT A TREATMENT PROGRAM FROM 17 REFUSING TO ACCEPT A DEFENDANT IF THE PROGRAM 18 ADMINISTRATOR DEEMS THE DEFENDANT TO BE INAPPROPRIATE FOR 19 ADMISSION TO THE PROGRAM. A TREATMENT PROGRAM SHALL 20 RETAIN THE RIGHT TO IMMEDIATELY DISCHARGE INTO THE 21 CUSTODY OF THE PROBATION OFFICER AN OFFENDER WHO FAILS TO 22 COMPLY WITH PROGRAM RULES AND TREATMENT EXPECTATIONS OR 23 REFUSES TO CONSTRUCTIVELY ENGAGE IN THE TREATMENT 24 PROCESS. 25 (IV) THE DEFENDANT MUST REMAIN SUBJECT TO COURT 26 SUPERVISION FOR SIX MONTHS. 27 (V) THE DEFENDANT MUST MAKE RESTITUTION TO ANY 28 PERSON THAT INCURRED DETERMINABLE FINANCIAL LOSS AS A 29 RESULT OF THE DEFENDANT'S ACTIONS WHICH RESULTED IN THE 30 OFFENSE. RESTITUTION MUST BE SUBJECT TO COURT 20030S0008B1078 - 128 -
1 SUPERVISION. 2 (VI) THE DEFENDANT MUST PAY THE REASONABLE COSTS OF 3 A MUNICIPAL CORPORATION IN CONNECTION WITH THE OFFENSE. 4 FEES IMPOSED UNDER THIS SUBPARAGRAPH SHALL BE DISTRIBUTED 5 TO THE AFFECTED MUNICIPAL CORPORATION. 6 (VII) THE DEFENDANT MUST PAY ANY OTHER FEE, 7 SURCHARGE OR COST REQUIRED BY LAW. EXCEPT AS SET FORTH IN 8 SUBPARAGRAPH (VI) OR (VIII), A FEE OR FINANCIAL CONDITION 9 IMPOSED BY A JUDGE AS A CONDITION OF ACCELERATED 10 REHABILITATIVE DISPOSITION OR ANY OTHER PRELIMINARY 11 DISPOSITION OF ANY CHARGE UNDER THIS CHAPTER SHALL BE 12 DISTRIBUTED AS PROVIDED FOR IN 42 PA.C.S. §§ 3571 13 (RELATING TO COMMONWEALTH PORTION OF FINES, ETC.) AND 14 3573 (RELATING TO MUNICIPAL CORPORATION PORTION OF FINES, 15 ETC.). 16 (VIII) THE DEFENDANT MUST PAY THE COSTS OF 17 COMPLIANCE WITH SUBPARAGRAPHS (I), (II) AND (III). 18 (2) THE DEFENDANT SHALL BE SUBJECT TO A FULL ASSESSMENT 19 FOR ALCOHOL AND DRUG ADDICTION IF ANY OF THE FOLLOWING APPLY: 20 (I) THE EVALUATION UNDER PARAGRAPH (1)(II) INDICATES 21 A LIKELIHOOD THAT THE DEFENDANT IS ADDICTED TO ALCOHOL OR 22 OTHER DRUGS. 23 (II) THE DEFENDANT'S BLOOD ALCOHOL CONTENT AT THE 24 TIME OF THE OFFENSE WAS AT LEAST .16%. 25 (3) THE ASSESSMENT UNDER PARAGRAPH (2) SHALL BE 26 CONDUCTED BY ONE OF THE FOLLOWING: 27 (I) THE DEPARTMENT OF HEALTH OR ITS DESIGNEE. 28 (II) THE COUNTY AGENCY WITH RESPONSIBILITY FOR 29 COUNTY DRUG AND ALCOHOL PROGRAMS OR ITS DESIGNEE. 30 (III) THE CLINICAL PERSONNEL OF A FACILITY LICENSED 20030S0008B1078 - 129 -
1 BY THE DEPARTMENT OF HEALTH FOR THE CONDUCT OF DRUG AND 2 ALCOHOL ADDICTION TREATMENT PROGRAMS. 3 (4) THE ASSESSMENT UNDER PARAGRAPH (2) SHALL CONSIDER 4 ISSUES OF PUBLIC SAFETY AND SHALL INCLUDE RECOMMENDATIONS FOR 5 ALL OF THE FOLLOWING: 6 (I) LENGTH OF STAY. 7 (II) LEVELS OF CARE. 8 (III) FOLLOW-UP CARE AND MONITORING. 9 (C) INSURANCE.--IF AN INDIVIDUAL WHO IS A SUBSCRIBER TO A 10 HEALTH INSURANCE, HEALTH MAINTENANCE ORGANIZATION OR OTHER 11 HEALTH PLAN THAT IS DOING BUSINESS IN THIS COMMONWEALTH, THE 12 INDIVIDUAL MAY NOT BE DEPRIVED OF ALCOHOL AND OTHER DRUG ABUSE 13 AND ADDICTION TREATMENT OR COVERAGE WITHIN THE SCOPE OF THAT 14 PLAN DUE TO THE IDENTIFICATION OF AN ALCOHOL OR OTHER DRUG 15 PROBLEM WHICH OCCURS AS A RESULT OF AN ASSESSMENT UNDER THIS 16 SECTION. 17 (D) MANDATORY SUSPENSION OF OPERATING PRIVILEGES.--AS A 18 CONDITION OF PARTICIPATION IN AN ACCELERATED REHABILITATIVE 19 DISPOSITION PROGRAM, THE COURT SHALL ORDER THE DEFENDANT'S 20 LICENSE SUSPENDED AS FOLLOWS: 21 (1) THERE SHALL BE NO LICENSE SUSPENSION IF THE 22 DEFENDANT'S BLOOD ALCOHOL CONCENTRATION AT THE TIME OF 23 TESTING WAS LESS THAN .10%. 24 (2) FOR 30 DAYS, IF THE DEFENDANT'S BLOOD ALCOHOL 25 CONCENTRATION AT THE TIME OF TESTING WAS AT LEAST .10% BUT 26 LESS THAN .16%. 27 (3) FOR 60 DAYS, IF: 28 (I) THE DEFENDANT'S BLOOD ALCOHOL CONCENTRATION AT 29 THE TIME OF TESTING WAS .16% OR HIGHER; 30 (II) THE DEFENDANT'S BLOOD ALCOHOL CONCENTRATION IS 20030S0008B1078 - 130 -
1 NOT KNOWN; OR 2 (III) AN ACCIDENT WHICH RESULTED IN BODILY INJURY OR 3 IN DAMAGE TO A VEHICLE OR OTHER PROPERTY OCCURRED IN 4 CONNECTION WITH THE EVENTS SURROUNDING THE CURRENT 5 OFFENSE. 6 (E) FAILURE TO COMPLY.-- 7 (1) A DEFENDANT WHO FAILS TO COMPLETE ANY OF THE 8 CONDITIONS OF PARTICIPATION CONTAINED IN THIS SECTION SHALL 9 BE DEEMED TO HAVE UNSUCCESSFULLY PARTICIPATED IN AN 10 ACCELERATED REHABILITATIVE DISPOSITION PROGRAM, AND THE 11 CRIMINAL RECORD UNDERLYING PARTICIPATION IN THE PROGRAM SHALL 12 NOT BE EXPUNGED. 13 (2) THE COURT SHALL DIRECT THE ATTORNEY FOR THE 14 COMMONWEALTH TO PROCEED ON THE CHARGES AS PRESCRIBED IN THE 15 RULES OF CRIMINAL PROCEDURE IF THE DEFENDANT: 16 (I) FAILS TO MEET ANY OF THE REQUIREMENTS OF THIS 17 SECTION; 18 (II) IS CHARGED WITH OR COMMITS AN OFFENSE UNDER 18 19 PA.C.S (RELATING TO CRIMES AND OFFENSES); OR 20 (III) VIOLATES ANY OTHER CONDITION IMPOSED BY THE 21 COURT. 22 § 3808. ILLEGALLY OPERATING A MOTOR VEHICLE NOT EQUIPPED WITH 23 IGNITION INTERLOCK. 24 (A) OFFENSE DEFINED.-- 25 (1) AN INDIVIDUAL REQUIRED TO OPERATE ONLY A MOTOR 26 VEHICLE EQUIPPED WITH AN APPROVED IGNITION INTERLOCK SYSTEM 27 UNDER SECTION 1553(D.2) (RELATING TO OCCUPATIONAL LIMITED 28 LICENSE) OR 3805 (RELATING TO IGNITION INTERLOCK) WHO 29 OPERATES A MOTOR VEHICLE ON A HIGHWAY OF THIS COMMONWEALTH 30 WITHOUT SUCH A SYSTEM COMMITS A SUMMARY OFFENSE AND SHALL, 20030S0008B1078 - 131 -
1 UPON CONVICTION, BE SENTENCED TO PAY A FINE OF NOT LESS THAN 2 $300 AND NOT MORE THAN $1,000 AND TO IMPRISONMENT FOR NOT 3 MORE THAN 90 DAYS. 4 (2) AN INDIVIDUAL REQUIRED TO OPERATE ONLY A MOTOR 5 VEHICLE EQUIPPED WITH AN IGNITION INTERLOCK SYSTEM UNDER 6 SECTION 1553(D.2) OR 3805 WHO OPERATES A MOTOR VEHICLE ON A 7 HIGHWAY OF THIS COMMONWEALTH WITHOUT SUCH A SYSTEM AND WHO 8 HAS AN AMOUNT OF ALCOHOL BY WEIGHT IN HIS BLOOD THAT IS EQUAL 9 TO OR GREATER THAN .02% OR WHO HAS ANY AMOUNT OF A SCHEDULE 10 I, II OR III CONTROLLED SUBSTANCE, AS DEFINED IN THE IN THE 11 ACT OF APRIL 14, 1972 (P.L.233, NO.64), KNOWN AS THE 12 CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT, OR ITS 13 METABOLITE, WHICH HAS NOT BEEN MEDICALLY PRESCRIBED FOR THE 14 INDIVIDUAL COMMITS A SUMMARY OFFENSE AND SHALL, UPON 15 CONVICTION, BE SENTENCED TO PAY A FINE OF $1,000 AND TO 16 UNDERGO IMPRISONMENT FOR A PERIOD OF NOT LESS THAN 90 DAYS. 17 (B) TAMPERING WITH AN INTERLOCK SYSTEM.--A PERSON THAT 18 TAMPERS WITH AN IGNITION INTERLOCK SYSTEM REQUIRED BY LAW 19 COMMITS A SUMMARY OFFENSE AND SHALL, UPON CONVICTION, BE 20 SENTENCED TO PAY A FINE OF NOT LESS THAN $300 NOR MORE THAN 21 $1,000 AND TO UNDERGO IMPRISONMENT FOR NOT MORE THAN 90 DAYS. 22 THE TERM "TAMPERING" IN ADDITION TO ANY PHYSICAL ACT WHICH IS 23 INTENDED TO ALTER OR INTERFERE WITH THE PROPER FUNCTIONING OF AN 24 IGNITION INTERLOCK DEVICE REQUIRED BY LAW SHALL INCLUDE 25 ATTEMPTING TO CIRCUMVENT OR BYPASS OR CIRCUMVENTING OR BYPASSING 26 AN IGNITION INTERLOCK DEVICE BY: 27 (1) MEANS OF USING ANOTHER INDIVIDUAL TO PROVIDE A 28 BREATH SAMPLE; OR 29 (2) PROVIDING A BREATH SAMPLE FOR THE PURPOSE OF 30 BYPASSING AN IGNITION INTERLOCK DEVICE REQUIRED BY LAW. 20030S0008B1078 - 132 -
1 (C) REVOCATION OF OPERATING PRIVILEGE.--UPON RECEIVING A 2 CERTIFIED RECORD OF THE CONVICTION OF AN INDIVIDUAL UNDER THIS 3 SECTION, THE DEPARTMENT SHALL REVOKE THE INDIVIDUAL'S OPERATING 4 PRIVILEGE FOR A PERIOD OF ONE YEAR. 5 § 3809. RESTRICTION ON ALCOHOLIC BEVERAGES. 6 (A) GENERAL RULE.--EXCEPT AS SET FORTH IN SUBSECTION (B), AN 7 INDIVIDUAL WHO IS AN OPERATOR OR AN OCCUPANT IN A MOTOR VEHICLE 8 MAY NOT BE IN POSSESSION OF AN OPEN ALCOHOLIC BEVERAGE CONTAINER 9 OR CONSUME A CONTROLLED SUBSTANCE AS DEFINED IN THE ACT OF APRIL 10 14, 1972 (P.L.233, NO.64), KNOWN AS THE CONTROLLED SUBSTANCE, 11 DRUG, DEVICE AND COSMETIC ACT, OR AN ALCOHOLIC BEVERAGE IN A 12 MOTOR VEHICLE WHILE THE MOTOR VEHICLE IS LOCATED ON A HIGHWAY IN 13 THIS COMMONWEALTH. 14 (B) EXCEPTION.--THIS SECTION DOES NOT PROHIBIT POSSESSION OR 15 CONSUMPTION BY ANY OF THE FOLLOWING: 16 (1) A PASSENGER IN THE PASSENGER AREA OF A MOTOR VEHICLE 17 DESIGNED, MAINTAINED OR USED PRIMARILY FOR THE LAWFUL 18 TRANSPORTATION OF PERSONS FOR COMPENSATION. THIS PARAGRAPH 19 INCLUDES BUSES, TAXIS AND LIMOUSINES. 20 (2) AN INDIVIDUAL IN THE LIVING QUARTERS OF A HOUSE 21 COACH OR HOUSE TRAILER. 22 (C) PENALTY.--AN INDIVIDUAL WHO VIOLATES THIS SECTION 23 COMMITS A SUMMARY OFFENSE. 24 § 3810. AUTHORIZED USE NOT A DEFENSE. 25 THE FACT THAT A PERSON CHARGED WITH VIOLATING THIS CHAPTER IS 26 OR HAS BEEN LEGALLY ENTITLED TO USE ALCOHOL OR CONTROLLED 27 SUBSTANCES IS NOT A DEFENSE TO A CHARGE OF VIOLATING THIS 28 CHAPTER. 29 § 3811. CERTAIN ARRESTS AUTHORIZED. 30 (A) WARRANT NOT REQUIRED.--IN ADDITION TO ANY OTHER POWERS 20030S0008B1078 - 133 -
1 OF ARREST, A POLICE OFFICER IS AUTHORIZED TO ARREST AN 2 INDIVIDUAL WITHOUT A WARRANT IF THE OFFICER HAS PROBABLE CAUSE 3 TO BELIEVE THAT THE INDIVIDUAL HAS VIOLATED SECTION 3802 4 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED 5 SUBSTANCE), REGARDLESS OF WHETHER THE ALLEGED VIOLATION WAS 6 COMMITTED IN THE PRESENCE OF THE POLICE OFFICER. 7 (B) TERRITORY.--THE AUTHORITY UNDER SUBSECTION (A) EXTENDS 8 TO ANY HOSPITAL OR OTHER MEDICAL TREATMENT FACILITY LOCATED 9 BEYOND THE TERRITORIAL LIMITS OF THE POLICE OFFICER'S POLITICAL 10 SUBDIVISION AT WHICH AN INDIVIDUAL TO BE ARRESTED IS FOUND OR 11 WAS TAKEN OR REMOVED FOR PURPOSES OF EMERGENCY TREATMENT, 12 EXAMINATION OR EVALUATION AS LONG AS THERE IS PROBABLE CAUSE TO 13 BELIEVE THAT THE VIOLATION OF SECTION 3802 OCCURRED WITHIN THE 14 POLICE OFFICER'S POLITICAL SUBDIVISION. 15 § 3812. PRELIMINARY HEARING OR ARRAIGNMENT. 16 THE PRESIDING JUDICIAL OFFICER AT THE PRELIMINARY HEARING OR 17 PRELIMINARY ARRAIGNMENT RELATING TO A CHARGE OF A VIOLATION OF 18 SECTION 3802 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR 19 CONTROLLED SUBSTANCE) SHALL NOT REDUCE OR MODIFY THE ORIGINAL 20 CHARGES WITHOUT THE CONSENT OF THE ATTORNEY FOR THE 21 COMMONWEALTH. 22 § 3813. WORK RELEASE. 23 IN ANY CASE IN WHICH AN INDIVIDUAL IS SENTENCED TO A PERIOD 24 OF IMPRISONMENT AS A RESULT OF A CONVICTION FOR VIOLATING A 25 PROVISION OF THIS CHAPTER, THE JUDICIAL OFFICER IMPOSING THE 26 SENTENCE SHALL CONSIDER ASSIGNING THAT INDIVIDUAL TO A DAYTIME 27 WORK RELEASE PROGRAM. ANY WORK RELEASE PROGRAM PERMITTED UNDER 28 THIS SECTION SHALL BE CERTIFIED BY THE DRUG AND ALCOHOL 29 TREATMENT PROGRAM ADMINISTRATION AS BEING CONSISTENT WITH ANY 30 DRUG AND ALCOHOL TREATMENT REQUIREMENTS IMPOSED UNDER SECTION 20030S0008B1078 - 134 -
1 3814 (RELATING TO DRUG AND ALCOHOL ASSESSMENTS). 2 § 3814. DRUG AND ALCOHOL ASSESSMENTS. 3 IF A DEFENDANT IS CONVICTED OR PLEADS GUILTY OR NO CONTEST TO 4 A VIOLATION OF SECTION 3802 (RELATING TO DRIVING UNDER INFLUENCE 5 OF ALCOHOL OR CONTROLLED SUBSTANCE), THE FOLLOWING APPLY PRIOR 6 TO SENTENCING: 7 (1) THE DEFENDANT SHALL BE EVALUATED UNDER SECTION 8 3816(A) (RELATING TO REQUIREMENTS FOR DRIVING UNDER INFLUENCE 9 OFFENDERS) AND ANY OTHER ADDITIONAL EVALUATION TECHNIQUES 10 DEEMED APPROPRIATE BY THE COURT TO DETERMINE THE EXTENT OF 11 THE DEFENDANT'S INVOLVEMENT WITH ALCOHOL OR OTHER DRUG AND TO 12 ASSIST THE COURT IN DETERMINING WHAT TYPE OF SENTENCE WOULD 13 BENEFIT THE DEFENDANT AND THE PUBLIC. 14 (2) THE DEFENDANT SHALL BE SUBJECT TO A FULL ASSESSMENT 15 FOR ALCOHOL AND DRUG ADDICTION IF ALL OF THE FOLLOWING 16 SUBPARAGRAPHS APPLY: 17 (I) THE DEFENDANT, WITHIN TEN YEARS PRIOR TO THE 18 OFFENSE FOR WHICH SENTENCE IS BEING IMPOSED, HAS BEEN 19 SENTENCED FOR AN OFFENSE UNDER: 20 (A) FORMER SECTION 3731 (RELATING TO DRIVING 21 UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE); 22 (B) SECTION 3802; OR 23 (C) AN EQUIVALENT OFFENSE IN ANOTHER 24 JURISDICTION. 25 (II) EITHER: 26 (A) THE EVALUATION UNDER PARAGRAPH (1) INDICATES 27 THERE IS A NEED FOR COUNSELING OR TREATMENT; OR 28 (B) THE DEFENDANT'S BLOOD ALCOHOL CONTENT AT THE 29 TIME OF THE OFFENSE WAS AT LEAST .16%. 30 (3) THE ASSESSMENT UNDER PARAGRAPH (2) SHALL BE 20030S0008B1078 - 135 -
1 CONDUCTED BY ONE OF THE FOLLOWING: 2 (I) THE DEPARTMENT OF HEALTH OR ITS DESIGNEE. 3 (II) THE COUNTY AGENCY WITH RESPONSIBILITY FOR 4 COUNTY DRUG AND ALCOHOL PROGRAMS OR ITS DESIGNEE. 5 (III) THE CLINICAL PERSONNEL OF A FACILITY LICENSED 6 BY THE DEPARTMENT OF HEALTH FOR THE CONDUCT OF DRUG AND 7 ALCOHOL ADDICTION TREATMENT PROGRAMS. 8 (4) THE ASSESSMENT UNDER PARAGRAPH (2) SHALL CONSIDER 9 ISSUES OF PUBLIC SAFETY AND SHALL INCLUDE RECOMMENDATIONS FOR 10 ALL OF THE FOLLOWING: 11 (I) LENGTH OF STAY. 12 (II) LEVELS OF CARE. 13 (III) FOLLOW-UP CARE AND MONITORING. 14 § 3815. MANDATORY SENTENCING. 15 (A) COUNTY SUPERVISION.--NOTWITHSTANDING THE LENGTH OF ANY 16 MAXIMUM TERM OF IMPRISONMENT REQUIRED BY SECTION 3804 (RELATING 17 TO PENALTIES), THE SENTENCING JUDGE MAY SUBJECT THE OFFENDER TO 18 THE SUPERVISION OF THE COUNTY PAROLE SYSTEM. 19 (B) PAROLE.-- 20 (1) AN OFFENDER WHO IS DETERMINED PURSUANT TO SECTION 21 3814 (RELATING TO DRUG AND ALCOHOL ASSESSMENTS) TO BE IN NEED 22 OF DRUG AND ALCOHOL TREATMENT SHALL BE ELIGIBLE FOR PAROLE IN 23 ACCORDANCE WITH THE TERMS AND CONDITIONS PRESCRIBED IN THIS 24 SECTION FOLLOWING THE EXPIRATION OF THE OFFENDER'S MANDATORY 25 MINIMUM TERM OF IMPRISONMENT. 26 (2) THE FOLLOWING SHALL BE CONDITIONS OF PAROLE: 27 (I) IF THE OFFENDER IS NOT DETERMINED UNDER THE 28 PROCEDURES SET FORTH IN SECTION 3814 TO BE ADDICTED TO 29 ALCOHOL OR ANOTHER SUBSTANCE, THE OFFENDER MUST REFRAIN 30 FROM: 20030S0008B1078 - 136 -
1 (A) THE USE OF ILLEGAL CONTROLLED SUBSTANCES; 2 AND 3 (B) THE ABUSE OF PRESCRIPTION DRUGS, OVER-THE- 4 COUNTER DRUGS OR ANY OTHER SUBSTANCES. 5 (II) IF THE OFFENDER IS DETERMINED UNDER THE 6 PROCEDURES SET FORTH IN SECTION 3814 TO BE ADDICTED TO 7 ALCOHOL OR ANOTHER SUBSTANCE, THE OFFENDER MUST DO ALL OF 8 THE FOLLOWING: 9 (A) REFRAIN FROM: 10 (I) THE USE OF ALCOHOL OR ILLEGAL CONTROLLED 11 SUBSTANCES; AND 12 (II) THE ABUSE OF PRESCRIPTION DRUGS, OVER- 13 THE-COUNTER DRUGS OR ANY OTHER SUBSTANCES. 14 (B) PARTICIPATE IN AND COOPERATE WITH DRUG AND 15 ALCOHOL ADDICTION TREATMENT UNDER SUBSECTION (C). 16 (C) TREATMENT.-- 17 (1) TREATMENT MUST CONFORM TO ASSESSMENT RECOMMENDATIONS 18 MADE UNDER SECTION 3814. 19 (2) TREATMENT MUST BE CONDUCTED BY A DRUG AND ALCOHOL 20 ADDICTION TREATMENT PROGRAM LICENSED BY THE DEPARTMENT OF 21 HEALTH. 22 (3) THE TREATMENT PROGRAM SHALL REPORT PERIODICALLY TO 23 THE ASSIGNED PAROLE OFFICER ON THE OFFENDER'S PROGRESS IN THE 24 TREATMENT PROGRAM. THE TREATMENT PROGRAM SHALL PROMPTLY 25 NOTIFY THE PAROLE OFFICER IF THE OFFENDER: 26 (I) FAILS TO COMPLY WITH PROGRAM RULES AND TREATMENT 27 EXPECTATIONS; 28 (II) REFUSES TO CONSTRUCTIVELY ENGAGE IN THE 29 TREATMENT PROCESS; OR 30 (III) WITHOUT AUTHORIZATION TERMINATES PARTICIPATION 20030S0008B1078 - 137 -
1 IN THE TREATMENT PROGRAM. 2 (4) UPON NOTIFICATION UNDER PARAGRAPH (3), THE PAROLE 3 OFFICER SHALL REPORT THE OFFENDER'S ACTIONS TO THE PAROLE 4 AUTHORITY AND TO THE DEPARTMENT FOR COMPLIANCE WITH SECTION 5 1553(E) (RELATING TO OCCUPATIONAL LIMITED LICENSE). THE 6 PAROLE AUTHORITY SHALL SCHEDULE A REVOCATION HEARING TO 7 CONSIDER RECOMMENDATIONS OF THE PAROLE OFFICER AND THE 8 TREATMENT PROGRAM. 9 (5) NOTHING IN THIS SUBSECTION SHALL PREVENT A TREATMENT 10 PROGRAM FROM REFUSING TO ACCEPT AN OFFENDER IF THE PROGRAM 11 ADMINISTRATOR DEEMS THE OFFENDER TO BE INAPPROPRIATE FOR 12 ADMISSION TO THE PROGRAM. A TREATMENT PROGRAM SHALL RETAIN 13 THE RIGHT TO IMMEDIATELY DISCHARGE INTO THE CUSTODY OF THE 14 ASSIGNED PAROLE OFFICER AN OFFENDER WHO FAILS TO COMPLY WITH 15 PROGRAM RULES AND TREATMENT EXPECTATIONS OR REFUSES TO 16 CONSTRUCTIVELY ENGAGE IN THE TREATMENT PROCESS. 17 (D) ENFORCEMENT.-- 18 (1) THIS SUBSECTION APPLIES TO AN OFFENDER ORDERED TO 19 PARTICIPATE IN A TREATMENT PROGRAM UNDER SUBSECTION 20 (B)(2)(II) WHO: 21 (I) FAILS TO COMPLY WITH PROGRAM RULES AND TREATMENT 22 EXPECTATIONS; 23 (II) REFUSES TO CONSTRUCTIVELY ENGAGE IN THE 24 TREATMENT PROCESS; OR 25 (III) TERMINATES PARTICIPATION IN THE TREATMENT 26 PROGRAM WITHOUT AUTHORIZATION. 27 (2) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ALL OF 28 THE FOLLOWING APPLY TO AN OFFENDER UNDER PARAGRAPH (1): 29 (I) THE OFFENDER'S PAROLE, PRERELEASE, WORK RELEASE 30 OR ANY OTHER RELEASE STATUS SHALL BE REVOKED. 20030S0008B1078 - 138 -
1 (II) THE OFFENDER SHALL BE INELIGIBLE FOR PAROLE, 2 PRERELEASE, WORK RELEASE OR ANY OTHER RELEASE FROM THE 3 CORRECTIONAL FACILITY PRIOR TO THE EXPIRATION OF THE 4 OFFENDER'S MAXIMUM TERM UNLESS THE OFFENDER IS PERMITTED 5 TO BE READMITTED TO A TREATMENT PROGRAM. 6 (3) NOTHING IN THIS SUBSECTION SHALL BE CONSTRUED TO 7 GRANT A LEGAL RIGHT TO PAROLE TO AN OFFENDER PREVIOUSLY 8 INELIGIBLE FOR PAROLE, ON THE GROUNDS THAT THE OFFENDER IS 9 CURRENTLY PREPARED TO PARTICIPATE IN, COMPLY WITH AND 10 CONSTRUCTIVELY ENGAGE IN THE TREATMENT PROCESS. UNDER SUCH 11 CIRCUMSTANCES, PAROLE OR REPAROLE OF THE OFFENDER SHALL BE AT 12 THE PAROLE AUTHORITY'S DISCRETION. 13 (E) FOLLOW-UP.--AFTER AN OFFENDER HAS COMPLETED THE 14 TREATMENT PROGRAM UNDER SUBSECTION (C), THE PAROLE OFFICER SHALL 15 TAKE REASONABLE STEPS TO ENSURE THAT THE OFFENDER DOES NOT ABUSE 16 ALCOHOL, USE ILLEGAL CONTROLLED SUBSTANCES OR ABUSE PRESCRIPTION 17 DRUGS, OVER-THE-COUNTER DRUGS OR ANY OTHER SUCH SUBSTANCES. 18 THESE REASONABLE STEPS INCLUDE REQUIRING CHEMICAL TESTING AND 19 PERIODIC REASSESSMENT OF THE OFFENDER BY THE TREATMENT PROGRAM. 20 (F) FEES.-- 21 (1) EXCEPT AS SET FORTH IN PARAGRAPH (2), THE PAROLE 22 AUTHORITY SHALL IMPOSE UPON AN OFFENDER SUBJECT TO THIS 23 SECTION REASONABLE FEES TO COVER THE COST OF ANY OF THE 24 FOLLOWING: 25 (I) CHEMICAL TESTING OF THE OFFENDER REQUIRED UNDER 26 THIS SECTION. 27 (II) AN ASSESSMENT OF THE OFFENDER REQUIRED UNDER 28 THIS SECTION. 29 (III) DRUG OR ALCOHOL TREATMENT PROVIDED IN 30 ACCORDANCE WITH THE ASSESSMENT. 20030S0008B1078 - 139 -
1 (2) IF THE PAROLE AUTHORITY FINDS THE OFFENDER TO BE 2 UNABLE TO PAY THE FULL AMOUNT OF THE FEES REQUIRED BY 3 PARAGRAPH (1) AND SECTION 1541(D) (RELATING TO PERIOD OF 4 DISQUALIFICATION, REVOCATION OR SUSPENSION OF OPERATING 5 PRIVILEGE), IT SHALL REQUIRE THE OFFENDER TO PAY AS MUCH OF 6 THE FEE AS IS CONSISTENT WITH THE OFFENDER'S ABILITY TO PAY 7 AND SHALL DIRECT THE ASSIGNED PAROLE OFFICER TO ESTABLISH A 8 REASONABLE PAYMENT SCHEDULE FOR THE OFFENDER TO PAY AS MUCH 9 OF THE REMAINING FEES AS IS CONSISTENT WITH THE OFFENDER'S 10 ABILITY TO PAY. 11 (G) INSURANCE.--IF AN INDIVIDUAL WHO IS A SUBSCRIBER TO A 12 HEALTH INSURANCE, HEALTH MAINTENANCE ORGANIZATION OR OTHER 13 HEALTH PLAN THAT IS DOING BUSINESS IN THIS COMMONWEALTH, THE 14 INDIVIDUAL MAY NOT BE DEPRIVED OF ALCOHOL AND OTHER DRUG ABUSE 15 AND ADDICTION TREATMENT OR COVERAGE WITHIN THE SCOPE OF THAT 16 PLAN DUE TO THE IDENTIFICATION OF AN ALCOHOL OR OTHER DRUG 17 PROBLEM WHICH OCCURS AS A RESULT OF AN ASSESSMENT UNDER THIS 18 SECTION. 19 (H) ADDITIONAL FUNDING.--IN ORDER TO SUPPORT AND AUGMENT THE 20 DIAGNOSTIC ASSESSMENT AND TREATMENT SERVICES PROVIDED UNDER THIS 21 SECTION, THE DEPARTMENT OF HEALTH, THE DEPARTMENT AND THE 22 PENNSYLVANIA COMMISSION ON CRIME AND DELINQUENCY SHALL SEEK ALL 23 AVAILABLE FEDERAL FUNDING, INCLUDING FUNDS AVAILABLE THROUGH THE 24 UNITED STATES NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION AND 25 THE DEPARTMENT OF HEALTH AND HUMAN SERVICES. 26 § 3816. REQUIREMENTS FOR DRIVING UNDER INFLUENCE OFFENDERS. 27 (A) EVALUATION USING COURT REPORTING NETWORK.--IN ADDITION 28 TO ANY OTHER REQUIREMENTS OF THE COURT, EVERY PERSON CONVICTED 29 OF A VIOLATION OF SECTION 3802 (RELATING TO DRIVING UNDER 30 INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE) AND EVERY PERSON 20030S0008B1078 - 140 -
1 OFFERED ACCELERATED REHABILITATIVE DISPOSITION AS A RESULT OF A 2 CHARGE OF A VIOLATION OF SECTION 3802 SHALL, PRIOR TO SENTENCING 3 OR RECEIVING ACCELERATED REHABILITATIVE DISPOSITION OR OTHER 4 PRELIMINARY DISPOSITION, BE EVALUATED USING COURT REPORTING 5 NETWORK INSTRUMENTS ISSUED BY THE DEPARTMENT AND ANY OTHER 6 ADDITIONAL EVALUATION TECHNIQUES DEEMED APPROPRIATE BY THE COURT 7 TO DETERMINE THE EXTENT OF THE PERSON'S INVOLVEMENT WITH ALCOHOL 8 OR CONTROLLED SUBSTANCES AND TO ASSIST THE COURT IN DETERMINING 9 WHAT SENTENCING, PROBATION OR CONDITIONS OF ACCELERATED 10 REHABILITATIVE DISPOSITION WOULD BENEFIT THE PERSON OR THE 11 PUBLIC. 12 (B) COURT-ORDERED INTERVENTION OR TREATMENT.--A RECORD SHALL 13 BE SUBMITTED TO THE DEPARTMENT AS TO WHETHER THE COURT DID OR 14 DID NOT ORDER A DEFENDANT TO ATTEND DRUG AND ALCOHOL TREATMENT 15 PURSUANT TO THE REQUIREMENTS OF SECTIONS 3804 (RELATING TO 16 PENALTIES), 3814 (RELATING TO DRUG AND ALCOHOL ASSESSMENTS) AND 17 3815 (RELATING TO MANDATORY SENTENCING). IF THE COURT ORDERS 18 TREATMENT, A REPORT SHALL BE FORWARDED TO THE DEPARTMENT AS TO 19 WHETHER THE DEFENDANT SUCCESSFULLY COMPLETED THE PROGRAM. IF A 20 DEFENDANT FAILS TO SUCCESSFULLY COMPLETE A PROGRAM OF TREATMENT 21 AS ORDERED BY THE COURT, THE SUSPENSION SHALL REMAIN IN EFFECT 22 UNTIL THE DEPARTMENT IS NOTIFIED BY THE COURT THAT THE DEFENDANT 23 HAS SUCCESSFULLY COMPLETED TREATMENT AND THE DEFENDANT IS 24 OTHERWISE ELIGIBLE FOR RESTORATION OF HIS OPERATING PRIVILEGE. 25 IN ORDER TO IMPLEMENT THE RECORDKEEPING REQUIREMENTS OF THIS 26 SECTION, THE DEPARTMENT AND THE COURT SHALL WORK TOGETHER TO 27 EXCHANGE PERTINENT INFORMATION ABOUT A DEFENDANT'S CASE, 28 INCLUDING ATTENDANCE AND COMPLETION OF TREATMENT OR FAILURE TO 29 COMPLETE TREATMENT. 30 § 3817. REPORTING REQUIREMENTS FOR OFFENSES. 20030S0008B1078 - 141 -
1 (A) REQUIREMENT.--THE DEPARTMENT SHALL MAKE AN ANNUAL REPORT 2 ON THE ADMINISTRATION OF THIS CHAPTER. THE DEPARTMENT, THE 3 COURTS AND THE PENNSYLVANIA SENTENCING COMMISSION SHALL WORK 4 TOGETHER TO EXCHANGE PERTINENT INFORMATION NECESSARY TO COMPLETE 5 THIS REPORT. 6 (B) CONTENTS.--THE REPORT SHALL INCLUDE: 7 (1) THE NUMBER OF OFFENDERS. 8 (2) THE NUMBER OF OFFENDERS SUBJECT TO SECTION 3815 9 (RELATING TO MANDATORY SENTENCING). 10 (3) THE NUMBER OF OFFENDERS SENT TO TREATMENT FOR 11 ALCOHOL AND DRUG PROBLEMS AND ADDICTION. 12 (4) THE NAMES OF THE TREATMENT FACILITIES PROVIDING 13 TREATMENT AND THE LEVEL OF CARE AND LENGTH OF STAY IN 14 TREATMENT. 15 (5) THE NUMBER OF OFFENDERS SUCCESSFULLY COMPLETING 16 TREATMENT. 17 (6) THE NUMBER OF SUSPENDED LICENSES RETURNED AFTER 18 COMPLETION OF TREATMENT. 19 (7) THE NUMBER OF FIRST, SECOND, THIRD AND SUBSEQUENT 20 OFFENDERS. 21 (C) RECIPIENTS.--THE ANNUAL REPORT SHALL BE SUBMITTED TO THE 22 JUDICIARY COMMITTEE, PUBLIC HEALTH AND WELFARE COMMITTEE AND 23 TRANSPORTATION COMMITTEE OF THE SENATE; THE HEALTH AND HUMAN 24 SERVICES COMMITTEE, JUDICIARY COMMITTEE AND TRANSPORTATION 25 COMMITTEE OF THE HOUSE OF REPRESENTATIVES; AND THE BUREAU OF 26 DRUG AND ALCOHOL PROGRAMS. THE REPORT SHALL BE MADE AVAILABLE TO 27 THE PUBLIC. 28 SECTION 19. SECTIONS 6308(B) AND 6506(A)(7) OF TITLE 75 ARE 29 AMENDED TO READ: 30 § 6308. INVESTIGATION BY POLICE OFFICERS. 20030S0008B1078 - 142 -
1 * * * 2 (B) AUTHORITY OF POLICE OFFICER.--WHENEVER A POLICE OFFICER 3 IS ENGAGED IN A SYSTEMATIC PROGRAM OF CHECKING VEHICLES OR 4 DRIVERS OR HAS [ARTICULABLE AND REASONABLE GROUNDS TO SUSPECT A 5 VIOLATION OF THIS TITLE,] REASONABLE SUSPICION THAT A VIOLATION 6 OF THIS TITLE IS OCCURRING OR HAS OCCURRED, HE MAY STOP A 7 VEHICLE, UPON REQUEST OR SIGNAL, FOR THE PURPOSE OF CHECKING THE 8 VEHICLE'S REGISTRATION, PROOF OF FINANCIAL RESPONSIBILITY, 9 VEHICLE IDENTIFICATION NUMBER OR ENGINE NUMBER OR THE DRIVER'S 10 LICENSE, OR TO SECURE SUCH OTHER INFORMATION AS THE OFFICER MAY 11 REASONABLY BELIEVE TO BE NECESSARY TO ENFORCE THE PROVISIONS OF 12 THIS TITLE. 13 * * * 14 § 6506. SURCHARGE. 15 (A) LEVY AND IMPOSITION.--IN ADDITION TO ANY FINES, FEES OR 16 PENALTIES LEVIED OR IMPOSED AS PROVIDED BY LAW, UNDER THIS TITLE 17 OR ANY OTHER STATUTE, A SURCHARGE SHALL BE LEVIED FOR 18 DISPOSITION IN ACCORDANCE WITH SUBSECTION (B) AS FOLLOWS: 19 * * * 20 (7) UPON CONVICTION OF OFFENSES UNDER SECTION [3731] 21 3802 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR 22 CONTROLLED SUBSTANCE), OR UPON ADMISSION TO PROGRAMS FOR 23 ACCELERATED REHABILITATIVE DISPOSITION FOR OFFENSES 24 ENUMERATED IN SECTION [3731] 3802, A SURCHARGE, RESPECTIVELY, 25 OF: 26 (I) $50 FOR THE FIRST OFFENSE. 27 (II) $100 FOR THE SECOND OFFENSE. 28 (III) $200 FOR THE THIRD OFFENSE. 29 (IV) $300 FOR THE FOURTH AND SUBSEQUENT OFFENSES. 30 * * * 20030S0008B1078 - 143 -
1 SECTION 20. THE ADDITION OF 75 PA.C.S. §§ 3814 AND 3815 2 SHALL APPLY AS FOLLOWS: 3 (1) EXCEPT AS SET FORTH IN PARAGRAPH (2) OR (3), AFTER 4 JUNE 30, 2009, FOR AN OFFENDER SENTENCED UNDER THIS CHAPTER. 5 (2) ON AND AFTER THE EFFECTIVE DATE OF THIS SECTION, FOR 6 AN OFFENDER SENTENCED FOR A MISDEMEANOR OF THE FIRST DEGREE. 7 (3) AFTER JUNE 30, 2006, FOR AN OFFENDER SENTENCED 8 PURSUANT TO SECTION 3804(A)(3), (B)(2) AND (C)(1). 9 SECTION 21. THE DEPARTMENT OF TRANSPORTATION HAS THE 10 FOLLOWING DUTIES: 11 (1) IN ORDER TO IMPLEMENT THE ADDITION OF 75 PA.C.S. § 12 3805, THE FOLLOWING SHALL APPLY: 13 (I) THE DEPARTMENT SHALL ADOPT AND USE GUIDELINES, 14 WHICH SHALL BE PUBLISHED IN THE PENNSYLVANIA BULLETIN. 15 THE GUIDELINES SHALL NOT BE SUBJECT TO REVIEW UNDER 16 SECTION 205 OF THE ACT OF JULY 31, 1968 (P.L.769, 17 NO.240), REFERRED TO AS THE COMMONWEALTH DOCUMENTS LAW, 18 AND THE ACT OF JUNE 25, 1982 (P.L.633, NO.181), KNOWN AS 19 THE REGULATORY REVIEW ACT. 20 (II) BY SEPTEMBER 30, 2004, THE DEPARTMENT SHALL, IN 21 ACCORDANCE WITH LAW, PROMULGATE REGULATIONS TO REPLACE 22 THE GUIDELINES UNDER SUBPARAGRAPH (I). 23 (III) THE GUIDELINES UNDER SUBPARAGRAPH (I) SHALL: 24 (A) TAKE EFFECT SEPTEMBER 30, 2003, OR 25 IMMEDIATELY, WHICHEVER IS LATER; AND 26 (B) EXPIRE ON THE EARLIER OF: 27 (I) THE EFFECTIVE DATE OF REGULATIONS UNDER 28 SUBPARAGRAPH (II); OR 29 (II) SEPTEMBER 30, 2005. 30 (2) BY OCTOBER 1, 2004, THE DEPARTMENT SHALL PROMULGATE 20030S0008B1078 - 144 -
1 REGULATIONS TO IMPLEMENT 75 PA.C.S. § 1549(B). 2 SECTION 22. THE ADDITION OF 75 PA.C.S CH. 38 IS A 3 CONTINUATION OF FORMER 75 PA.C.S. § 3731. THE REPEAL OF 75 4 PA.C.S. § 3731 SHALL NOT AFFECT OFFENSES COMMITTED NOR CIVIL AND 5 ADMINISTRATIVE PENALTIES IMPOSED PRIOR TO THE EFFECTIVE DATE OF 6 THIS SECTION. 7 SECTION 23. THIS ACT SHALL TAKE EFFECT AS FOLLOWS: 8 (1) THE FOLLOWING PROVISIONS SHALL TAKE EFFECT 9 IMMEDIATELY: 10 (I) SECTION 21 OF THIS ACT. 11 (II) THIS SECTION. 12 (2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT 13 SEPTEMBER 30, 2003, OR IMMEDIATELY, WHICHEVER IS LATER. 14 SECTION 1. SECTIONS 6105(C)(3) AND 7508.1(B) AND (C) OF <-- 15 TITLE 18 OF THE PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED 16 TO READ: 17 § 6105. PERSONS NOT TO POSSESS, USE, MANUFACTURE, CONTROL, SELL 18 OR TRANSFER FIREARMS. 19 * * * 20 (C) OTHER PERSONS.--IN ADDITION TO ANY PERSON WHO HAS BEEN 21 CONVICTED OF ANY OFFENSE LISTED UNDER SUBSECTION (B), THE 22 FOLLOWING PERSONS SHALL BE SUBJECT TO THE PROHIBITION OF 23 SUBSECTION (A): 24 * * * 25 (3) A PERSON WHO HAS BEEN CONVICTED OF DRIVING UNDER THE 26 INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE AS PROVIDED IN 27 75 PA.C.S. § [3731] 3802 (RELATING TO DRIVING UNDER INFLUENCE 28 OF ALCOHOL OR CONTROLLED SUBSTANCE) ON THREE OR MORE SEPARATE 29 OCCASIONS WITHIN A FIVE-YEAR PERIOD. FOR THE PURPOSES OF THIS 30 PARAGRAPH ONLY, THE PROHIBITION OF SUBSECTION (A) SHALL ONLY 20030S0008B1078 - 145 -
1 APPLY TO TRANSFERS OR PURCHASES OF FIREARMS AFTER THE THIRD 2 CONVICTION. 3 * * * 4 § 7508.1. SUBSTANCE ABUSE EDUCATION AND DEMAND REDUCTION FUND. 5 * * * 6 (B) IMPOSITION.--UNLESS THE COURT FINDS THAT UNDUE HARDSHIP 7 WOULD RESULT, A MANDATORY COST OF $100, WHICH SHALL BE IN 8 ADDITION TO ANY OTHER COSTS IMPOSED PURSUANT TO STATUTORY 9 AUTHORITY, SHALL AUTOMATICALLY BE ASSESSED ON ANY INDIVIDUAL 10 CONVICTED, ADJUDICATED DELINQUENT OR GRANTED ACCELERATED 11 REHABILITATIVE DISPOSITION OR ANY INDIVIDUAL WHO PLEADS GUILTY 12 OR NOLO CONTENDERE FOR A VIOLATION OF THE ACT OF APRIL 14, 1972 13 (P.L.233, NO.64), KNOWN AS THE CONTROLLED SUBSTANCE, DRUG, 14 DEVICE AND COSMETIC ACT, OR A VIOLATION OF 75 PA.C.S. § [3731] 15 3802 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR 16 CONTROLLED SUBSTANCE). 17 (C) ADDITIONAL ASSESSMENT.--IN ADDITION TO THE ASSESSMENT 18 REQUIRED BY SUBSECTION (B), A PERSON CONVICTED OF OR ADJUDICATED 19 DELINQUENT FOR A VIOLATION OF 75 PA.C.S. § [3731] 3802 SHALL BE 20 ASSESSED $200 WHERE THE AMOUNT OF ALCOHOL BY WEIGHT IN THE BLOOD 21 OF THE PERSON IS EQUAL TO OR GREATER THAN [.15%] .16% AT THE 22 TIME A CHEMICAL TEST IS PERFORMED ON A SAMPLE OF THE PERSON'S 23 BREATH, BLOOD OR URINE. FOR THE PURPOSES OF THIS SUBSECTION, THE 24 SAMPLE OF THE PERSON'S BLOOD, BREATH OR URINE SHALL BE TAKEN 25 WITHIN [TWO] THREE HOURS AFTER THE PERSON IS PLACED UNDER 26 ARREST. 27 * * * 28 SECTION 2. SECTION 7514 OF TITLE 18 IS REPEALED. 29 SECTION 3. SECTION 5502(A)(4) AND (A.1)(1) OF TITLE 30 ARE 30 AMENDED TO READ: 20030S0008B1078 - 146 -
1 § 5502. OPERATING WATERCRAFT UNDER INFLUENCE OF ALCOHOL OR 2 CONTROLLED SUBSTANCE. 3 (A) GENERAL RULE.--NO PERSON SHALL OPERATE OR BE IN ACTUAL 4 PHYSICAL CONTROL OF THE MOVEMENT OF A WATERCRAFT UPON, IN OR 5 THROUGH THE WATERS OF THIS COMMONWEALTH: 6 * * * 7 (4) WHILE THE AMOUNT OF ALCOHOL BY WEIGHT IN THE BLOOD 8 OF: 9 (I) AN ADULT IS [0.10%] 0.08% OR GREATER; OR 10 (II) A MINOR IS 0.02% OR GREATER. 11 (A.1) PRIMA FACIE EVIDENCE.-- 12 (1) IT IS PRIMA FACIE EVIDENCE THAT: 13 (I) AN ADULT HAD [0.10%] 0.08% OR MORE BY WEIGHT OF 14 ALCOHOL IN HIS OR HER BLOOD AT THE TIME OF OPERATING OR 15 BEING IN ACTUAL PHYSICAL CONTROL OF THE MOVEMENT OF A 16 WATERCRAFT IF THE AMOUNT OF ALCOHOL BY WEIGHT IN THE 17 BLOOD OF THE PERSON IS EQUAL TO OR GREATER THAN [0.10%] 18 0.08% AT THE TIME A CHEMICAL TEST IS PERFORMED ON A 19 SAMPLE OF THE PERSON'S BREATH, BLOOD OR URINE; AND 20 (II) A MINOR HAD 0.02% OR MORE BY WEIGHT OF ALCOHOL 21 IN HIS OR HER BLOOD AT THE TIME OF OPERATING OR BEING IN 22 ACTUAL PHYSICAL CONTROL OF THE MOVEMENT OF A WATERCRAFT 23 IF THE AMOUNT OF ALCOHOL BY WEIGHT IN THE BLOOD OF THE 24 MINOR IS EQUAL TO OR GREATER THAN 0.02% AT THE TIME A 25 CHEMICAL TEST IS PERFORMED ON A SAMPLE OF THE PERSON'S 26 BREATH, BLOOD OR URINE. 27 * * * 28 SECTION 4. SECTIONS 2501(A)(4) AND (A.1)(1)(I) AND (B) AND 29 2502(D)(2) AND (3) OF TITLE 34 ARE AMENDED TO READ: 30 § 2501. HUNTING OR FURTAKING PROHIBITED WHILE UNDER INFLUENCE 20030S0008B1078 - 147 -
1 OF ALCOHOL OR CONTROLLED SUBSTANCE. 2 (A) GENERAL RULE.--IT IS UNLAWFUL TO HUNT OR TAKE GAME, 3 FURBEARERS OR WILDLIFE OR AID, ABET, ASSIST OR CONSPIRE TO HUNT 4 OR TAKE GAME, FURBEARERS OR WILDLIFE ANYWHERE IN THIS 5 COMMONWEALTH WHILE IN POSSESSION OF A FIREARM OF ANY KIND OR A 6 BOW AND ARROW IF: 7 * * * 8 (4) THE AMOUNT OF ALCOHOL BY WEIGHT IN THE BLOOD OF: 9 (I) AN ADULT IS [0.10%] 0.08% OR GREATER; OR 10 (II) A MINOR IS 0.02% OR GREATER. 11 (A.1) PRIMA FACIE EVIDENCE.-- 12 (1) IT IS PRIMA FACIE EVIDENCE THAT: 13 (I) AN ADULT HAD [0.10%] 0.08% OR MORE BY WEIGHT OF 14 ALCOHOL IN HIS OR HER BLOOD AT THE TIME OF HUNTING OR 15 TAKING OF GAME, FURBEARERS OR WILDLIFE OR THE AIDING, 16 ABETTING, ASSISTING OR CONSPIRING TO HUNT OR TAKE GAME, 17 FURBEARERS OR WILDLIFE IF THE AMOUNT OF ALCOHOL BY WEIGHT 18 IN THE BLOOD OF THE PERSON IS EQUAL TO OR GREATER THAN 19 [0.10%] 0.08% AT THE TIME A CHEMICAL TEST IS PERFORMED ON 20 A SAMPLE OF THE PERSON'S BREATH, BLOOD OR URINE; OR 21 * * * 22 (B) PENALTY.-- 23 (1) A VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL 24 BE A SUMMARY OFFENSE IF THE AMOUNT OF ALCOHOL BY WEIGHT IN 25 THE BLOOD OF THE INDIVIDUAL IS AT LEAST 0.08% BUT LESS THAN 26 0.10%. 27 (2) A VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL 28 BE A MISDEMEANOR OF THE THIRD DEGREE IF THE AMOUNT OF ALCOHOL 29 BY WEIGHT IN THE BLOOD OF THE INDIVIDUAL IS AT LEAST 0.10%. 30 (3) IN ADDITION TO ANY PENALTY, THE VIOLATOR SHALL BE 20030S0008B1078 - 148 -
1 DENIED THE RIGHT TO HUNT OR TRAP IN THIS COMMONWEALTH, WITH 2 OR WITHOUT A LICENSE, FOR A PERIOD OF ONE YEAR. 3 * * * 4 § 2502. CHEMICAL TEST TO DETERMINE AMOUNT OF ALCOHOL. 5 * * * 6 (D) PRESUMPTIONS FROM AMOUNT OF ALCOHOL.--IF CHEMICAL 7 ANALYSIS OF A PERSON'S BREATH, BLOOD OR URINE SHOWS: 8 * * * 9 (2) THAT THE AMOUNT OF ALCOHOL BY WEIGHT IN THE BLOOD OF 10 THE PERSON TESTED IS IN EXCESS OF 0.05% BUT LESS THAN [0.10%] 11 0.08%, THIS FACT SHALL NOT GIVE RISE TO ANY PRESUMPTION THAT 12 THE PERSON TESTED WAS OR WAS NOT UNDER THE INFLUENCE OF 13 ALCOHOL, BUT THIS FACT MAY BE CONSIDERED WITH OTHER COMPETENT 14 EVIDENCE IN DETERMINING WHETHER THE PERSON WAS OR WAS NOT 15 UNDER THE INFLUENCE OF ALCOHOL. 16 (3) THAT THE AMOUNT OF ALCOHOL BY WEIGHT IN THE BLOOD OF 17 THE PERSON TESTED IS [0.10%] 0.08% OR MORE, IT SHALL BE 18 PRESUMED THAT THE DEFENDANT WAS UNDER THE INFLUENCE OF 19 ALCOHOL. 20 * * * 21 SECTION 5. SECTIONS 933(A)(1)(II), 1515(A)(5), 1725.3(A), 22 3571(B)(4) AND 3573(B)(3) OF TITLE 42 ARE AMENDED TO READ: 23 § 933. APPEALS FROM GOVERNMENT AGENCIES. 24 (A) GENERAL RULE.--EXCEPT AS OTHERWISE PRESCRIBED BY ANY 25 GENERAL RULE ADOPTED PURSUANT TO SECTION 503 (RELATING TO 26 REASSIGNMENT OF MATTERS), EACH COURT OF COMMON PLEAS SHALL HAVE 27 JURISDICTION OF APPEALS FROM FINAL ORDERS OF GOVERNMENT AGENCIES 28 IN THE FOLLOWING CASES: 29 (1) APPEALS FROM COMMONWEALTH AGENCIES IN THE FOLLOWING 30 CASES: 20030S0008B1078 - 149 -
1 * * *
2 (II) DETERMINATIONS OF THE DEPARTMENT OF
3 TRANSPORTATION APPEALABLE UNDER THE FOLLOWING PROVISIONS
4 OF TITLE 75 (RELATING TO VEHICLES):
5 SECTION 1377 (RELATING TO JUDICIAL REVIEW).
6 SECTION 1550 (RELATING TO JUDICIAL REVIEW).
7 SECTION 4724(B) (RELATING TO JUDICIAL REVIEW).
8 SECTION 7303(B) (RELATING TO JUDICIAL REVIEW).
9 SECTION 7503(B) (RELATING TO JUDICIAL REVIEW).
10 EXCEPT AS OTHERWISE PRESCRIBED BY GENERAL RULES, THE
11 VENUE SHALL BE IN THE COUNTY OF THE PRINCIPAL PLACE OF
12 BUSINESS OF ANY SALVOR OR MESSENGER SERVICE, THE LOCATION
13 OF ANY INSPECTION STATION INVOLVED, THE COUNTY WHERE THE
14 ARREST FOR A VIOLATION OF 75 PA.C.S. § [3731] 3802
15 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR
16 CONTROLLED SUBSTANCE) WAS MADE IN APPEALS INVOLVING THE
17 SUSPENSION OF OPERATING PRIVILEGES UNDER 75 PA.C.S. §
18 1547 (RELATING TO CHEMICAL TESTING TO DETERMINE AMOUNT OF
19 ALCOHOL OR CONTROLLED SUBSTANCE) OR THE RESIDENCE OF ANY
20 INDIVIDUAL APPELLANT WHERE THE VENUE IS NOT OTHERWISE
21 FIXED BY THIS SENTENCE. IN THE CASE OF A NONRESIDENT
22 INDIVIDUAL VENUE, EXCEPT AS OTHERWISE PRESCRIBED BY
23 GENERAL RULES, SHALL BE IN THE COUNTY IN WHICH THE
24 OFFENSE GIVING RISE TO THE RECALL, CANCELLATION,
25 SUSPENSION OR REVOCATION OF OPERATING PRIVILEGES
26 OCCURRED.
27 * * *
28 § 1515. JURISDICTION AND VENUE.
29 (A) JURISDICTION.--EXCEPT AS OTHERWISE PRESCRIBED BY GENERAL
30 RULE ADOPTED PURSUANT TO SECTION 503 (RELATING TO REASSIGNMENT
20030S0008B1078 - 150 -
1 OF MATTERS), DISTRICT JUSTICES SHALL, UNDER PROCEDURES 2 PRESCRIBED BY GENERAL RULE, HAVE JURISDICTION OF ALL OF THE 3 FOLLOWING MATTERS: 4 * * * 5 (5) OFFENSES UNDER 75 PA.C.S. § [3731] 3802 (RELATING TO 6 DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE), 7 IF THE FOLLOWING CRITERIA ARE MET: 8 (I) THE OFFENSE IS THE FIRST OFFENSE BY THE 9 DEFENDANT UNDER SUCH PROVISION IN THIS COMMONWEALTH. 10 (II) NO PERSONAL INJURY (OTHER THAN TO THE DEFENDANT 11 [OR THE IMMEDIATE FAMILY OF THE DEFENDANT]) RESULTED FROM 12 THE OFFENSE. 13 (III) THE DEFENDANT PLEADS GUILTY. 14 (IV) NO PROPERTY DAMAGE IN EXCESS OF $500 OTHER THAN 15 TO THE DEFENDANT'S PROPERTY RESULTED FROM THE VIOLATION. 16 (V) THE DEFENDANT IS NOT SUBJECT TO THE PROVISIONS 17 OF CHAPTER 63 (RELATING TO JUVENILE MATTERS). 18 (VI) THE ARRESTING AUTHORITY SHALL CAUSE TO BE 19 TRANSMITTED A COPY OF THE CHARGE OF ANY VIOLATION OF 75 20 PA.C.S. § [3731] 3802 TO THE OFFICE OF THE CLERK OF THE 21 COURT OF COMMON PLEAS WITHIN FIVE DAYS AFTER THE 22 PRELIMINARY ARRAIGNMENT. 23 IN DETERMINING THAT THE ABOVE CRITERIA ARE MET THE DISTRICT 24 JUSTICE SHALL RELY ON THE CERTIFICATION OF THE ARRESTING 25 AUTHORITY. CERTIFICATION THAT THE CRITERIA ARE MET NEED NOT 26 BE IN WRITING. WITHIN TEN DAYS AFTER THE DISPOSITION, THE 27 DISTRICT JUSTICE SHALL CERTIFY THE DISPOSITION TO THE OFFICE 28 OF THE CLERK OF THE COURT OF COMMON PLEAS IN WRITING. 29 * * * 30 § 1725.3. CRIMINAL LABORATORY USER FEE. 20030S0008B1078 - 151 -
1 (A) IMPOSITION.--A PERSON WHO IS PLACED ON PROBATION WITHOUT 2 VERDICT PURSUANT TO SECTION 17 OF THE ACT OF APRIL 14, 1972 3 (P.L.233, NO.64), KNOWN AS THE CONTROLLED SUBSTANCE, DRUG, 4 DEVICE AND COSMETIC ACT, OR WHO RECEIVES ACCELERATED 5 REHABILITATIVE DISPOSITION OR WHO PLEADS GUILTY TO OR NOLO 6 CONTENDERE TO OR WHO IS CONVICTED OF A CRIME AS DEFINED IN 18 7 PA.C.S. § 106 (RELATING TO CLASSES OF OFFENSES) OR 75 PA.C.S. § 8 [3731] 3802 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR 9 CONTROLLED SUBSTANCE) OR 3735 (RELATING TO HOMICIDE BY VEHICLE 10 WHILE DRIVING UNDER INFLUENCE) OR A VIOLATION OF THE CONTROLLED 11 SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT SHALL, IN ADDITION TO 12 ANY FINES, PENALTIES OR COSTS, IN EVERY CASE WHERE LABORATORY 13 SERVICES WERE REQUIRED TO PROSECUTE THE CRIME OR VIOLATION, BE 14 SENTENCED TO PAY A CRIMINAL LABORATORY USER FEE WHICH SHALL 15 INCLUDE, BUT NOT BE LIMITED TO, THE COST OF SENDING A LABORATORY 16 TECHNICIAN TO COURT PROCEEDINGS. 17 * * * 18 § 3571. COMMONWEALTH PORTION OF FINES, ETC. 19 * * * 20 (B) VEHICLE OFFENSES.-- 21 * * * 22 (4) WHEN PROSECUTION UNDER 75 PA.C.S. § [3731] 3802 23 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED 24 SUBSTANCE) IS THE RESULT OF STATE POLICE ACTION, 50% OF ALL 25 FINES, FORFEITED RECOGNIZANCES AND OTHER FORFEITURES IMPOSED, 26 LOST OR FORFEITED SHALL BE PAYABLE TO THE COMMONWEALTH, FOR 27 CREDIT TO THE MOTOR LICENSE FUND, AND 50% SHALL BE PAYABLE TO 28 THE COUNTY WHICH SHALL BE FURTHER DIVIDED AS FOLLOWS: 29 (I) FIFTY PERCENT OF THE MONEYS RECEIVED SHALL BE 30 ALLOCATED TO THE APPROPRIATE COUNTY AUTHORITY WHICH 20030S0008B1078 - 152 -
1 IMPLEMENTS THE COUNTY DRUG AND ALCOHOL PROGRAM TO BE USED
2 SOLELY FOR THE PURPOSES OF AIDING PROGRAMS PROMOTING DRUG
3 ABUSE AND ALCOHOLISM PREVENTION, EDUCATION, TREATMENT AND
4 RESEARCH. [PROGRAMS UNDER THIS SUBPARAGRAPH INCLUDE
5 PROJECT DARE (DRUG AND ALCOHOL RESISTANCE EDUCATION).]
6 (II) FIFTY PERCENT OF THE MONEYS RECEIVED SHALL BE
7 USED FOR EXPENDITURES INCURRED FOR COUNTY JAILS, PRISONS,
8 WORKHOUSES AND DETENTION CENTERS.
9 * * *
10 § 3573. MUNICIPAL CORPORATION PORTION OF FINES, ETC.
11 * * *
12 (B) VEHICLE OFFENSES.--
13 * * *
14 (3) WHEN PROSECUTION UNDER 75 PA.C.S. § [3731] 3802
15 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED
16 SUBSTANCE) IS THE RESULT OF LOCAL POLICE ACTION, 50% OF ALL
17 FINES, FORFEITED RECOGNIZANCES AND OTHER FORFEITURES IMPOSED,
18 LOST OR FORFEITED SHALL BE PAYABLE TO THE MUNICIPAL
19 CORPORATION UNDER WHICH THE LOCAL POLICE ARE ORGANIZED, AND
20 50% SHALL BE PAYABLE TO THE COUNTY WHICH SHALL BE FURTHER
21 DIVIDED AS FOLLOWS:
22 (I) FIFTY PERCENT OF THE MONEYS RECEIVED SHALL BE
23 ALLOCATED TO THE APPROPRIATE COUNTY AUTHORITY WHICH
24 IMPLEMENTS THE COUNTY DRUG AND ALCOHOL PROGRAM TO BE USED
25 SOLELY FOR THE PURPOSES OF AIDING PROGRAMS PROMOTING DRUG
26 ABUSE AND ALCOHOLISM PREVENTION, EDUCATION, TREATMENT AND
27 RESEARCH. PROGRAMS UNDER THIS SUBPARAGRAPH INCLUDE
28 PROJECT DARE (DRUG AND ALCOHOL RESISTANCE EDUCATION).
29 (II) FIFTY PERCENT OF THE MONEYS RECEIVED SHALL BE
30 USED FOR EXPENDITURES INCURRED FOR COUNTY JAILS, PRISONS,
20030S0008B1078 - 153 -
1 WORKHOUSES AND DETENTION CENTERS. 2 * * * 3 SECTION 6. CHAPTER 70 OF TITLE 42 IS REPEALED. 4 SECTION 7. SECTION 9763(C) OF TITLE 42 IS AMENDED TO READ: 5 § 9763. SENTENCE OF INTERMEDIATE PUNISHMENT. 6 * * * 7 (C) RESTRICTION.-- 8 (1) A DEFENDANT [CONVICTED UNDER] SUBJECT TO 75 PA.C.S. 9 § [3731(E) (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR 10 CONTROLLED SUBSTANCE)] 3804 (RELATING TO PENALTIES) MAY ONLY 11 BE SENTENCED TO INTERMEDIATE PUNISHMENT: 12 [(1) IN A RESIDENTIAL INPATIENT PROGRAM OR IN A 13 RESIDENTIAL REHABILITATIVE CENTER; OR 14 (2) BY HOUSE ARREST OR ELECTRONIC SURVEILLANCE COMBINED 15 WITH DRUG AND ALCOHOL TREATMENT.] 16 (I) FOR A FIRST, SECOND OR THIRD OFFENSE UNDER 75 17 PA.C.S CH. 38 (RELATING TO DRIVING WHILE IMPAIRED); AND 18 (II) AFTER UNDERGOING AN ASSESSMENT UNDER 75 PA.C.S. 19 § 3814 (RELATING TO DRUG AND ALCOHOL ASSESSMENTS). 20 (2) IF THE DEFENDANT IS DETERMINED TO BE IN NEED OF DRUG 21 AND ALCOHOL TREATMENT, THE DEFENDANT MAY ONLY BE SENTENCED TO 22 INTERMEDIATE PUNISHMENT WHICH INCLUDES PARTICIPATION IN DRUG 23 AND ALCOHOL TREATMENT UNDER 75 PA.C.S. § 3815(C) (RELATING TO 24 MANDATORY SENTENCING). SUCH TREATMENT MAY BE COMBINED WITH 25 HOUSE ARREST WITH ELECTRONIC SURVEILLANCE OR A PARTIAL 26 CONFINEMENT PROGRAM, SUCH AS WORK RELEASE, A WORK CAMP OR A 27 HALFWAY FACILITY. 28 (3) IF THE DEFENDANT IS DETERMINED NOT TO BE IN NEED OF 29 DRUG AND ALCOHOL TREATMENT, THE DEFENDANT MAY ONLY BE 30 SENTENCED TO INTERMEDIATE PUNISHMENT: 20030S0008B1078 - 154 -
1 (I) BY HOUSE ARREST OR ELECTRONIC SURVEILLANCE; 2 (II) PARTIAL CONFINEMENT PROGRAMS, SUCH AS WORK 3 RELEASE, WORK CAMPS AND HALFWAY FACILITIES; OR 4 (III) ANY COMBINATION OF THE PROGRAMS SET FORTH IN 5 THIS SUBSECTION. 6 * * * 7 SECTION 8. SECTION 9804(B)(3) OF TITLE 42 IS AMENDED AND THE 8 SUBSECTION IS AMENDED BY ADDING PARAGRAPHS TO READ: 9 § 9804. COUNTY INTERMEDIATE PUNISHMENT PROGRAMS. 10 * * * 11 (B) ELIGIBILITY.-- 12 * * * 13 [(3) ANY PERSON RECEIVING A PENALTY IMPOSED PURSUANT TO 14 75 PA.C.S. § 1543(B) (RELATING TO DRIVING WHILE OPERATING 15 PRIVILEGE IS SUSPENDED OR REVOKED) OR 3731(E) (RELATING TO 16 DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE) 17 MAY ONLY BE SENTENCED TO INTERMEDIATE PUNISHMENT PROGRAM IN: 18 (I) A RESIDENTIAL INPATIENT PROGRAM OR A RESIDENTIAL 19 REHABILITATIVE CENTER; 20 (II) HOUSE ARREST AND ELECTRONIC SURVEILLANCE 21 COMBINED WITH DRUG AND ALCOHOL TREATMENT; OR 22 (III) PARTIAL CONFINEMENT PROGRAMS, SUCH AS WORK 23 RELEASE, WORK CAMPS AND HALFWAY FACILITIES, COMBINED WITH 24 DRUG AND ALCOHOL TREATMENT.] 25 (4) (I) ANY PERSON RECEIVING A PENALTY IMPOSED PURSUANT 26 TO 75 PA.C.S. § 1543(B) (RELATING TO DRIVING WHILE 27 OPERATING PRIVILEGE IS SUSPENDED OR REVOKED) OR 3804 28 (RELATING TO PENALTIES) SHALL UNDERGO AN ASSESSMENT UNDER 29 75 PA.C.S. § 3814 (RELATING TO DRUG AND ALCOHOL 30 ASSESSMENTS). 20030S0008B1078 - 155 -
1 (II) IF THE DEFENDANT IS DETERMINED TO BE IN NEED OF 2 DRUG AND ALCOHOL TREATMENT, A SENTENCE TO INTERMEDIATE 3 PUNISHMENT SHALL INCLUDE PARTICIPATION IN DRUG AND 4 ALCOHOL TREATMENT UNDER 75 PA.C.S. § 3815(C) (RELATING TO 5 MANDATORY SENTENCING). SUCH TREATMENT MAY BE COMBINED 6 WITH HOUSE ARREST WITH ELECTRONIC SURVEILLANCE OR A 7 PARTIAL CONFINEMENT PROGRAM, SUCH AS WORK RELEASE, A WORK 8 CAMP OR A HALFWAY FACILITY. 9 (III) IF THE DEFENDANT IS DETERMINED NOT TO BE IN 10 NEED OF DRUG AND ALCOHOL TREATMENT, THE DEFENDANT MAY 11 ONLY BE SENTENCED TO INTERMEDIATE PUNISHMENT PROGRAM IN: 12 (A) HOUSE ARREST AND ELECTRONIC SURVEILLANCE; 13 (B) PARTIAL CONFINEMENT PROGRAMS, SUCH AS WORK 14 RELEASE, WORK CAMPS AND HALFWAY FACILITIES; OR 15 (C) ANY COMBINATION OF THE PROGRAMS SET FORTH IN 16 THIS PARAGRAPH. 17 (5) A DEFENDANT SUBJECT TO 75 PA.C.S § 3804 (RELATING TO 18 PENALTIES) MAY ONLY BE SENTENCED TO INTERMEDIATE PUNISHMENT 19 FOR A FIRST, SECOND OR THIRD OFFENSE UNDER 75 PA.C.S. CH. 38 20 (RELATING TO DRIVING WHILE IMPAIRED). 21 SECTION 9. SECTIONS 1516(C) AND (D) AND 1532(B)(3) OF TITLE 22 75 ARE AMENDED TO READ: 23 § 1516. DEPARTMENT RECORDS. 24 * * * 25 (C) DISMISSAL OF CHARGES FOR VIOLATIONS.--IF A CHARGE FOR 26 VIOLATION OF ANY OF THE PROVISIONS OF THIS TITLE AGAINST ANY 27 PERSON IS DISMISSED WHERE THERE HAVE BEEN NO PRIOR CONVICTIONS 28 BY ANY COURT OF COMPETENT JURISDICTION, NO RECORD OF THE CHARGE 29 AND DISMISSAL SHALL BE INCLUDED IN THE DRIVING RECORD OF THE 30 PERSON. IF THE PERSON HAS BEEN PREVIOUSLY CONVICTED OF THE 20030S0008B1078 - 156 -
1 CHARGE AND SUSPENSION WAS IMPOSED BY THE DEPARTMENT, WHICH 2 SUSPENSION WAS EITHER PARTIALLY OR FULLY SERVED, THE DEPARTMENT 3 MAY KEEP A RECORD OF THE OFFENSE FOR THE PURPOSE OF SHOWING THE 4 SUSPENSION WAS IMPOSED AGAINST THE PERSON[.], BUT THE OFFENSE 5 SHALL NOT BE USED FOR THE PURPOSE OF CALCULATING THE REQUISITE 6 NUMBER OF OFFENSES UNDER SECTION 1542 (RELATING TO REVOCATION OF 7 HABITUAL OFFENDER'S LICENSE). IN ADDITION, THE DEPARTMENT MAY 8 KEEP RECORDS OF CHARGES THAT HAVE BEEN FILED WITH THE COURTS IN 9 ORDER TO DETERMINE A PERSON'S ELIGIBILITY FOR A PROBATIONARY 10 LICENSE UNDER THE PROVISIONS OF SECTION 1554(B)(3) (RELATING TO 11 PROBATIONARY LICENSE). ALL RECORDS MAINTAINED PURSUANT TO THIS 12 SUBSECTION SHALL BE MAINTAINED FOR ADMINISTRATIVE AND LAW 13 ENFORCEMENT USE ONLY AND SHALL NOT BE RELEASED FOR ANY OTHER 14 PURPOSE. 15 (D) UPDATING DRIVING RECORD.--DRIVERS WISHING TO HAVE THEIR 16 RECORD REVIEWED BY THE DEPARTMENT MAY MAKE SUCH A REQUEST IN 17 ORDER THAT THE RECORD BE BROUGHT UP TO DATE. IN UPDATING 18 RECORDS, THE DEPARTMENT SHALL INCLUDE RECALCULATION OF 19 SUSPENSION OR REVOCATION SEGMENTS AND THE ASSIGNMENT AND 20 CREDITING OF ANY SUSPENSION OR REVOCATION TIME PREVIOUSLY 21 ASSIGNED OR CREDITED TOWARD A SUSPENSION OR REVOCATION WHICH 22 RESULTED FROM A CONVICTION WHICH HAS BEEN VACATED, OVERTURNED, 23 DISMISSED OR WITHDRAWN. ANY FULLY OR PARTIALLY SERVED SUSPENSION 24 OR REVOCATION TIME MAY ONLY BE REASSIGNED OR CREDITED TOWARD A 25 SUSPENSION OR REVOCATION SEGMENT PROCESSED ON THE DRIVER'S 26 RECORD AS OF THE ACTUAL COMMENCEMENT DATE OF THE FULLY OR 27 PARTIALLY SERVED SUSPENSION OR REVOCATION TIME. 28 § 1532. SUSPENSION OF OPERATING PRIVILEGE. 29 * * * 30 (B) SUSPENSION.-- 20030S0008B1078 - 157 -
1 * * * 2 (3) THE DEPARTMENT SHALL SUSPEND THE OPERATING PRIVILEGE 3 OF ANY DRIVER FOR 12 MONTHS UPON RECEIVING A CERTIFIED RECORD 4 OF THE DRIVER'S CONVICTION OF SECTION [3731 (RELATING TO 5 DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE) 6 OR] 3733 (RELATING TO FLEEING OR ATTEMPTING TO ELUDE POLICE 7 OFFICER)[,] OR A SUBSTANTIALLY SIMILAR [OFFENSES] OFFENSE 8 REPORTED TO THE DEPARTMENT UNDER ARTICLE III OF SECTION 1581 9 (RELATING TO DRIVER'S LICENSE COMPACT), OR AN ADJUDICATION OF 10 DELINQUENCY BASED ON SECTION [3731 OR] 3733. THE DEPARTMENT 11 SHALL SUSPEND THE OPERATING PRIVILEGE OF ANY DRIVER FOR SIX 12 MONTHS UPON RECEIVING A CERTIFIED RECORD OF A CONSENT DECREE 13 GRANTED UNDER 42 PA.C.S. CH. 63 (RELATING TO JUVENILE 14 MATTERS) BASED ON SECTION [3731 OR] 3733. 15 * * * 16 SECTION 10. SECTION 1534(B) OF TITLE 75 IS AMENDED AND THE 17 SECTION IS AMENDED BY ADDING SUBSECTIONS TO READ: 18 § 1534. NOTICE OF ACCEPTANCE OF ACCELERATED REHABILITATIVE 19 DISPOSITION. 20 * * * 21 (B) EXCEPTION.--IF A PERSON IS ARRESTED FOR ANY OFFENSE 22 ENUMERATED IN SECTION [3731] 3802 (RELATING TO DRIVING UNDER 23 INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE) AND IS OFFERED AND 24 ACCEPTS ACCELERATED REHABILITATIVE DISPOSITION UNDER GENERAL 25 RULES, THE COURT SHALL PROMPTLY NOTIFY THE DEPARTMENT. THE 26 DEPARTMENT SHALL MAINTAIN A RECORD OF THE ACCEPTANCE OF 27 ACCELERATED REHABILITATIVE DISPOSITION FOR A PERIOD OF [SEVEN] 28 TEN YEARS FROM THE DATE OF NOTIFICATION. THIS RECORD SHALL NOT 29 BE EXPUNGED BY ORDER OF COURT[.] OR PRIOR TO THE EXPIRATION OF 30 THE TEN-YEAR PERIOD. 20030S0008B1078 - 158 -
1 (C) EXPUNGEMENT.--IMMEDIATELY FOLLOWING THE EXPIRATION OF 2 THE TEN-YEAR PERIOD, THE DEPARTMENT SHALL EXPUNGE THE RECORD OF 3 THE ACCEPTANCE OF ACCELERATED REHABILITATIVE DISPOSITION. THE 4 DEPARTMENT SHALL NOT REQUIRE AN ORDER OF COURT TO EXPUNGE THE 5 RECORD. 6 (D) EXCEPTIONS TO EXPUNGEMENT.--THE DEPARTMENT SHALL NOT BE 7 REQUIRED TO EXPUNGE THE RECORD OF ACCEPTANCE OF ACCELERATED 8 REHABILITATIVE DISPOSITION IF: 9 (1) DURING THE TEN-YEAR PERIOD, THE DEPARTMENT REVOKES 10 THE OPERATING PRIVILEGES OF A PERSON PURSUANT TO SECTION 1542 11 (RELATING TO REVOCATION OF HABITUAL OFFENDER'S LICENSE); OR 12 (2) THE PERSON WAS A COMMERCIAL DRIVER AT THE TIME OF 13 THE VIOLATION CAUSING THE DISPOSITION. 14 SECTION 11. SECTIONS 1541(A.1) AND (D), 1542(B), 1543(B), 15 1545, 1547(B)(1) AND (2), (C), (D), (E) AND (I), 1548, 1549(B) 16 AND 1552 OF TITLE 75 ARE AMENDED TO READ: 17 § 1541. PERIOD OF DISQUALIFICATION, REVOCATION OR SUSPENSION OF 18 OPERATING PRIVILEGE. 19 * * * 20 (A.1) CREDIT TOWARD SERVING PERIOD OF SUSPENSION FOR CERTAIN 21 VIOLATIONS.--CREDIT TOWARD SERVING THE PERIOD OF SUSPENSION OR 22 REVOCATION IMPOSED FOR SECTIONS [3731 (RELATING TO DRIVING UNDER 23 INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE),] 3732 (RELATING 24 TO HOMICIDE BY VEHICLE), 3735 (RELATING TO HOMICIDE BY VEHICLE 25 WHILE DRIVING UNDER THE INFLUENCE) [AND], 3735.1 (RELATING TO 26 AGGRAVATED ASSAULT BY VEHICLE WHILE DRIVING UNDER THE INFLUENCE) 27 AND 3802 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR 28 CONTROLLED SUBSTANCE) SHALL NOT COMMENCE UNTIL THE DATE OF THE 29 PERSON'S RELEASE FROM PRISON. 30 * * * 20030S0008B1078 - 159 -
1 (D) CONTINUED SUSPENSION OF OPERATING PRIVILEGE.--A 2 DEFENDANT ORDERED BY THE COURT UNDER SECTION [1548] 3816 3 (RELATING TO REQUIREMENTS FOR DRIVING UNDER INFLUENCE 4 OFFENDERS), AS THE RESULT OF A CONVICTION OR ACCELERATED 5 REHABILITATIVE DISPOSITION OF A VIOLATION OF SECTION [3731 6 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED 7 SUBSTANCE)] 3802, TO ATTEND A TREATMENT PROGRAM FOR ALCOHOL OR 8 DRUG ADDICTION MUST SUCCESSFULLY COMPLETE ALL REQUIREMENTS OF 9 THE TREATMENT PROGRAM ORDERED BY THE COURT BEFORE THE 10 DEFENDANT'S OPERATING PRIVILEGE MAY BE RESTORED. SUCCESSFUL 11 COMPLETION OF A TREATMENT PROGRAM INCLUDES THE PAYMENT OF ALL 12 COURT-IMPOSED FINES AND COSTS, AS WELL AS FEES TO BE PAID TO THE 13 TREATMENT PROGRAM BY THE DEFENDANT. IF A DEFENDANT FAILS TO 14 SUCCESSFULLY COMPLETE THE REQUIREMENTS OF A TREATMENT PROGRAM, 15 THE SUSPENSION SHALL REMAIN IN EFFECT UNTIL THE DEFENDANT 16 COMPLETES THE PROGRAM AND IS OTHERWISE ELIGIBLE FOR RESTORATION 17 OF HIS OPERATING PRIVILEGE. THE TREATMENT AGENCY SHALL 18 IMMEDIATELY NOTIFY THE COURT OF SUCCESSFUL COMPLETION OF THE 19 TREATMENT PROGRAM. THE FINAL DECISION AS TO WHETHER A DEFENDANT 20 HAS SUCCESSFULLY COMPLETED THE TREATMENT PROGRAM RESTS WITH THE 21 COURT. 22 § 1542. REVOCATION OF HABITUAL OFFENDER'S LICENSE. 23 * * * 24 (B) OFFENSES ENUMERATED.--THREE CONVICTIONS ARISING FROM 25 SEPARATE ACTS OF ANY ONE OR MORE OF THE FOLLOWING OFFENSES 26 COMMITTED BY ANY PERSON SHALL RESULT IN SUCH PERSON BEING 27 DESIGNATED AS A HABITUAL OFFENDER: 28 (1) ANY VIOLATION OF SUBCHAPTER B OF CHAPTER 37 29 (RELATING TO SERIOUS TRAFFIC OFFENSES). 30 (1.1) ANY VIOLATION OF CHAPTER 38 (RELATING TO DRIVING 20030S0008B1078 - 160 -
1 WHILE IMPAIRED) EXCEPT FOR SECTION 3809 (RELATING TO 2 RESTRICTION ON ALCOHOLIC BEVERAGES). 3 (2) ANY VIOLATION OF SECTION 3367 (RELATING TO RACING ON 4 HIGHWAYS). 5 (3) ANY VIOLATION OF SECTION 3742 (RELATING TO ACCIDENTS 6 INVOLVING DEATH OR PERSONAL INJURY). 7 (3.1) ANY VIOLATION OF SECTION 3742.1 (RELATING TO 8 ACCIDENTS INVOLVING DEATH OR PERSONAL INJURY WHILE NOT 9 PROPERLY LICENSED). 10 (4) ANY VIOLATION OF SECTION 3743 (RELATING TO ACCIDENTS 11 INVOLVING DAMAGE TO ATTENDED VEHICLE OR PROPERTY). 12 * * * 13 § 1543. DRIVING WHILE OPERATING PRIVILEGE IS SUSPENDED OR 14 REVOKED. 15 * * * 16 (B) CERTAIN OFFENSES.-- 17 (1) A PERSON WHO DRIVES A MOTOR VEHICLE ON A HIGHWAY OR 18 TRAFFICWAY OF THIS COMMONWEALTH AT A TIME WHEN THE PERSON'S 19 OPERATING PRIVILEGE IS SUSPENDED OR REVOKED AS A CONDITION OF 20 ACCEPTANCE OF ACCELERATED REHABILITATIVE DISPOSITION FOR A 21 VIOLATION OF SECTION [3731] 3802 (RELATING TO DRIVING UNDER 22 INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE) OR BECAUSE OF A 23 VIOLATION OF SECTION 1547(B)(1) (RELATING TO SUSPENSION FOR 24 REFUSAL) OR [3731] 3802 OR IS SUSPENDED UNDER SECTION 1581 25 (RELATING TO DRIVER'S LICENSE COMPACT) FOR AN OFFENSE 26 SUBSTANTIALLY SIMILAR TO A VIOLATION OF SECTION [3731] 3802 27 SHALL, UPON CONVICTION, BE GUILTY OF A SUMMARY OFFENSE AND 28 SHALL BE SENTENCED TO PAY A FINE OF [$1,000] $500 AND TO 29 UNDERGO IMPRISONMENT FOR A PERIOD OF NOT LESS THAN [90] 60 30 DAYS. 20030S0008B1078 - 161 -
1 (1.1) (I) A PERSON WHO HAS AN AMOUNT OF ALCOHOL BY 2 WEIGHT IN HIS BLOOD THAT IS EQUAL TO OR GREATER THAN .02% 3 OR [IS UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE AS 4 DEFINED IN SECTION 1603 (RELATING TO DEFINITIONS)] WHO 5 HAS ANY AMOUNT OF A SCHEDULE I, II OR III CONTROLLED 6 SUBSTANCE, AS DEFINED IN THE ACT OF APRIL 14, 1972 7 (P.L.233, NO.64), KNOWN AS THE CONTROLLED SUBSTANCE, 8 DRUG, DEVICE AND COSMETIC ACT, OR ITS METABOLITE, WHICH 9 HAS NOT BEEN MEDICALLY PRESCRIBED FOR THE INDIVIDUAL AND 10 WHO DRIVES A MOTOR VEHICLE ON ANY HIGHWAY OR TRAFFICWAY 11 OF THIS COMMONWEALTH AT A TIME WHEN THE PERSON'S 12 OPERATING PRIVILEGE IS SUSPENDED OR REVOKED AS A 13 CONDITION OF ACCEPTANCE OF ACCELERATED REHABILITATIVE 14 DISPOSITION FOR A VIOLATION OF SECTION [3731] 3802 OR 15 BECAUSE OF A VIOLATION OF SECTION 1547(B)(1) OR [3731] 16 3802 OR IS SUSPENDED UNDER SECTION 1581 FOR AN OFFENSE 17 SUBSTANTIALLY SIMILAR TO A VIOLATION OF SECTION [3731] 18 3802 SHALL, UPON A FIRST CONVICTION, BE GUILTY OF A 19 SUMMARY OFFENSE AND SHALL BE SENTENCED TO PAY A FINE OF 20 $1,000 AND TO UNDERGO IMPRISONMENT FOR A PERIOD OF NOT 21 LESS THAN 90 DAYS. 22 (II) A SECOND VIOLATION OF THIS PARAGRAPH SHALL 23 CONSTITUTE A MISDEMEANOR OF THE THIRD DEGREE, AND UPON 24 CONVICTION THEREOF THE PERSON SHALL BE SENTENCED TO PAY A 25 FINE OF $2,500 AND TO UNDERGO IMPRISONMENT FOR NOT LESS 26 THAN SIX MONTHS. 27 (III) A THIRD OR SUBSEQUENT VIOLATION OF THIS 28 PARAGRAPH SHALL CONSTITUTE A MISDEMEANOR OF THE FIRST 29 DEGREE, AND UPON CONVICTION THEREOF THE PERSON SHALL BE 30 SENTENCED TO PAY A FINE OF $5,000 AND TO UNDERGO 20030S0008B1078 - 162 -
1 IMPRISONMENT FOR NOT LESS THAN TWO YEARS. 2 (2) THIS SUBSECTION SHALL APPLY TO ANY PERSON AGAINST 3 WHOM ONE OF THESE SUSPENSIONS HAS BEEN IMPOSED WHETHER THE 4 PERSON IS CURRENTLY SERVING THIS SUSPENSION OR WHETHER THE 5 EFFECTIVE DATE OF SUSPENSION HAS BEEN DEFERRED UNDER ANY OF 6 THE PROVISIONS OF SECTION 1544 (RELATING TO ADDITIONAL PERIOD 7 OF REVOCATION OR SUSPENSION). THIS PROVISION SHALL ALSO APPLY 8 UNTIL THE PERSON HAS HAD THE OPERATING PRIVILEGE RESTORED. 9 THIS SUBSECTION SHALL ALSO APPLY TO ANY REVOCATION IMPOSED 10 PURSUANT TO SECTION 1542 (RELATING TO REVOCATION OF HABITUAL 11 OFFENDER'S LICENSE) IF ANY OF THE ENUMERATED OFFENSES WAS FOR 12 A VIOLATION OF SECTION [3731] 3802 OR FOR AN OUT-OF-STATE 13 OFFENSE THAT IS SUBSTANTIALLY SIMILAR TO A VIOLATION OF 14 SECTION [3731] 3802 FOR WHICH A REVOCATION IS IMPOSED UNDER 15 SECTION 1581. 16 * * * 17 § 1545. RESTORATION OF OPERATING PRIVILEGE. 18 UPON THE RESTORATION OF ANY PERSON'S OPERATING PRIVILEGE 19 WHICH HAS BEEN SUSPENDED OR REVOKED PURSUANT TO THIS SUBCHAPTER 20 OR PURSUANT TO CHAPTER 38 (RELATING TO DRIVING WHILE IMPAIRED), 21 SUCH PERSON'S RECORD SHALL SHOW FIVE POINTS, EXCEPT THAT ANY 22 ADDITIONAL POINTS ASSESSED AGAINST THE PERSON SINCE THE DATE OF 23 THE LAST VIOLATION RESULTING IN THE SUSPENSION OR REVOCATION 24 SHALL BE ADDED TO SUCH FIVE POINTS UNLESS THE PERSON HAS SERVED 25 AN ADDITIONAL PERIOD OF SUSPENSION OR REVOCATION PURSUANT TO 26 SECTION 1544(A) (RELATING TO ADDITIONAL PERIOD OF REVOCATION OR 27 SUSPENSION). THIS SECTION SHALL NOT APPLY TO SECTION 1533 28 (RELATING TO SUSPENSION OF OPERATING PRIVILEGE FOR FAILURE TO 29 RESPOND TO CITATION) OR TO 18 PA.C.S. § 6310.4 (RELATING TO 30 RESTRICTION OF OPERATING PRIVILEGES). 20030S0008B1078 - 163 -
1 § 1547. CHEMICAL TESTING TO DETERMINE AMOUNT OF ALCOHOL OR 2 CONTROLLED SUBSTANCE. 3 * * * 4 (B) SUSPENSION FOR REFUSAL.-- 5 (1) IF ANY PERSON PLACED UNDER ARREST FOR A VIOLATION OF 6 SECTION [3731] 3802 (RELATING TO DRIVING UNDER INFLUENCE OF 7 ALCOHOL OR CONTROLLED SUBSTANCE) IS REQUESTED TO SUBMIT TO 8 CHEMICAL TESTING AND REFUSES TO DO SO, THE TESTING SHALL NOT 9 BE CONDUCTED BUT UPON NOTICE BY THE POLICE OFFICER, THE 10 DEPARTMENT SHALL SUSPEND THE OPERATING PRIVILEGE OF THE 11 PERSON [FOR A PERIOD OF 12 MONTHS.] AS FOLLOWS: 12 (I) EXCEPT AS SET FORTH IN SUBPARAGRAPH (II), FOR A 13 PERIOD OF 12 MONTHS. 14 (II) FOR A PERIOD OF 24 MONTHS IF ANY OF THE 15 FOLLOWING APPLY: 16 (A) THE PERSON'S OPERATING PRIVILEGES HAVE 17 PREVIOUSLY BEEN SUSPENDED UNDER THIS SUBSECTION. 18 (B) THE PERSON HAS, PRIOR TO THE REFUSAL UNDER 19 THIS PARAGRAPH, BEEN SENTENCED FOR: 20 (I) AN OFFENSE UNDER FORMER SECTION 3731; 21 (II) AN OFFENSE UNDER SECTION 3802 (RELATING 22 TO DRIVING UNDER INFLUENCE OF ALCOHOL OR 23 CONTROLLED SUBSTANCE); 24 (III) AN OFFENSE EQUIVALENT TO AN OFFENSE 25 UNDER SUBCLAUSE (I) OR (II); OR 26 (IV) A COMBINATION OF THE OFFENSES SET FORTH 27 IN THIS CLAUSE. 28 (2) IT SHALL BE THE DUTY OF THE POLICE OFFICER TO INFORM 29 THE PERSON THAT: 30 (I) THE PERSON'S OPERATING PRIVILEGE WILL BE 20030S0008B1078 - 164 -
1 SUSPENDED UPON REFUSAL TO SUBMIT TO CHEMICAL TESTING[.]; 2 AND 3 (II) UPON CONVICTION, PLEA OR ADJUDICATION OF 4 DELINQUENCY FOR VIOLATING SECTION 3802(A), THE PERSON 5 WILL BE SUBJECT TO THE PENALTIES PROVIDED IN SECTION 6 3804(C) (RELATING TO PENALTIES). 7 * * * 8 (C) TEST RESULTS ADMISSIBLE IN EVIDENCE.--IN ANY SUMMARY 9 PROCEEDING OR CRIMINAL PROCEEDING IN WHICH THE DEFENDANT IS 10 CHARGED WITH A VIOLATION OF SECTION [3731] 3802 OR ANY OTHER 11 VIOLATION OF THIS TITLE ARISING OUT OF THE SAME ACTION, THE 12 AMOUNT OF ALCOHOL OR CONTROLLED SUBSTANCE IN THE DEFENDANT'S 13 BLOOD, AS SHOWN BY CHEMICAL TESTING OF THE PERSON'S BREATH, 14 BLOOD OR URINE, WHICH TESTS WERE CONDUCTED BY QUALIFIED PERSONS 15 USING APPROVED EQUIPMENT, SHALL BE ADMISSIBLE IN EVIDENCE. 16 (1) CHEMICAL TESTS OF BREATH SHALL BE PERFORMED ON 17 DEVICES APPROVED BY THE DEPARTMENT OF HEALTH USING PROCEDURES 18 PRESCRIBED JOINTLY BY REGULATIONS OF THE DEPARTMENTS OF 19 HEALTH AND TRANSPORTATION. DEVICES SHALL HAVE BEEN CALIBRATED 20 AND TESTED FOR ACCURACY WITHIN A PERIOD OF TIME AND IN A 21 MANNER SPECIFIED BY REGULATIONS OF THE DEPARTMENTS OF HEALTH 22 AND TRANSPORTATION. FOR PURPOSES OF BREATH TESTING, A 23 QUALIFIED PERSON MEANS A PERSON WHO HAS FULFILLED THE 24 TRAINING REQUIREMENT IN THE USE OF THE EQUIPMENT IN A 25 TRAINING PROGRAM APPROVED BY THE DEPARTMENTS OF HEALTH AND 26 TRANSPORTATION. A CERTIFICATE OR LOG SHOWING THAT A DEVICE 27 WAS CALIBRATED AND TESTED FOR ACCURACY AND THAT THE DEVICE 28 WAS ACCURATE SHALL BE PRESUMPTIVE EVIDENCE OF THOSE FACTS IN 29 EVERY PROCEEDING IN WHICH A VIOLATION OF THIS TITLE IS 30 CHARGED. 20030S0008B1078 - 165 -
1 (2) CHEMICAL TESTS OF BLOOD OR URINE, IF CONDUCTED BY A 2 FACILITY LOCATED IN THIS COMMONWEALTH, SHALL BE PERFORMED BY 3 A CLINICAL LABORATORY LICENSED AND APPROVED BY THE DEPARTMENT 4 OF HEALTH FOR THIS PURPOSE USING PROCEDURES AND EQUIPMENT 5 PRESCRIBED BY THE DEPARTMENT OF HEALTH OR BY A PENNSYLVANIA 6 STATE POLICE CRIMINAL LABORATORY. FOR PURPOSES OF BLOOD AND 7 URINE TESTING, QUALIFIED PERSON MEANS AN INDIVIDUAL WHO IS 8 AUTHORIZED TO PERFORM THOSE CHEMICAL TESTS UNDER THE ACT OF 9 SEPTEMBER 26, 1951 (P.L.1539, NO.389), KNOWN AS THE CLINICAL 10 LABORATORY ACT. 11 (3) CHEMICAL TESTS OF BLOOD OR URINE, IF CONDUCTED BY A 12 FACILITY LOCATED OUTSIDE THIS COMMONWEALTH, SHALL BE 13 PERFORMED: 14 (I) BY A FACILITY LICENSED BY THE DEPARTMENT OF 15 HEALTH; OR 16 (II) BY A FACILITY LICENSED TO CONDUCT THE TESTS BY 17 THE STATE IN WHICH THE FACILITY IS LOCATED AND LICENSED 18 PURSUANT TO THE CLINICAL LABORATORY IMPROVEMENT 19 AMENDMENTS OF 1988 (PUBLIC LAW 100-578, 102 STAT. 2903). 20 [(D) PRESUMPTIONS FROM AMOUNT OF ALCOHOL.--IF CHEMICAL 21 TESTING OF A PERSON'S BREATH, BLOOD OR URINE SHOWS: 22 (1) THAT THE AMOUNT OF ALCOHOL BY WEIGHT IN THE BLOOD OF 23 AN ADULT IS 0.05% OR LESS, IT SHALL BE PRESUMED THAT THE 24 ADULT WAS NOT UNDER THE INFLUENCE OF ALCOHOL AND THE ADULT 25 SHALL NOT BE CHARGED WITH ANY VIOLATION UNDER SECTION 26 3731(A)(1), (4) OR (5) (RELATING TO DRIVING UNDER INFLUENCE 27 OF ALCOHOL OR CONTROLLED SUBSTANCE), OR, IF THE ADULT WAS SO 28 CHARGED PRIOR TO THE TEST, THE CHARGE SHALL BE VOID AB 29 INITIO. THIS FACT SHALL NOT GIVE RISE TO ANY PRESUMPTION 30 CONCERNING A VIOLATION OF SECTION 3731(A)(2) OR (3) OR (I). 20030S0008B1078 - 166 -
1 (2) THAT THE AMOUNT OF ALCOHOL BY WEIGHT IN THE BLOOD OF 2 AN ADULT IS IN EXCESS OF 0.05% BUT LESS THAN 0.10%, THIS FACT 3 SHALL NOT GIVE RISE TO ANY PRESUMPTION THAT THE ADULT WAS OR 4 WAS NOT UNDER THE INFLUENCE OF ALCOHOL, BUT THIS FACT MAY BE 5 CONSIDERED WITH OTHER COMPETENT EVIDENCE IN DETERMINING 6 WHETHER THE ADULT WAS OR WAS NOT UNDER THE INFLUENCE OF 7 ALCOHOL. THIS PROVISION SHALL NOT NEGATE THE PROVISIONS OF 8 SECTION 3731(I). 9 (3) THAT THE AMOUNT OF ALCOHOL BY WEIGHT IN THE BLOOD 10 OF: 11 (I) AN ADULT IS 0.10% OR MORE; OR 12 (II) A MINOR IS 0.02% OR MORE, 13 THIS FACT MAY BE INTRODUCED INTO EVIDENCE IF THE PERSON IS 14 CHARGED WITH VIOLATING SECTION 3731.] 15 (E) REFUSAL ADMISSIBLE IN EVIDENCE.--IN ANY SUMMARY 16 PROCEEDING OR CRIMINAL PROCEEDING IN WHICH THE DEFENDANT IS 17 CHARGED WITH A VIOLATION OF SECTION [3731] 3802 OR ANY OTHER 18 VIOLATION OF THIS TITLE ARISING OUT OF THE SAME ACTION, THE FACT 19 THAT THE DEFENDANT REFUSED TO SUBMIT TO CHEMICAL TESTING AS 20 REQUIRED BY SUBSECTION (A) MAY BE INTRODUCED IN EVIDENCE ALONG 21 WITH OTHER TESTIMONY CONCERNING THE CIRCUMSTANCES OF THE 22 REFUSAL. NO PRESUMPTIONS SHALL ARISE FROM THIS EVIDENCE BUT IT 23 MAY BE CONSIDERED ALONG WITH OTHER FACTORS CONCERNING THE 24 CHARGE. 25 * * * 26 (I) REQUEST BY DRIVER FOR TEST.--ANY PERSON INVOLVED IN AN 27 ACCIDENT OR PLACED UNDER ARREST FOR A VIOLATION OF SECTION 28 [3731] 3802 MAY REQUEST A CHEMICAL TEST OF HIS BREATH, BLOOD OR 29 URINE. SUCH REQUESTS SHALL BE HONORED WHEN IT IS REASONABLY 30 PRACTICABLE TO DO SO. 20030S0008B1078 - 167 -
1 * * * 2 § 1548. REQUIREMENTS FOR DRIVING UNDER INFLUENCE OFFENDERS. 3 [(A) EVALUATION USING COURT REPORTING NETWORK.--IN ADDITION 4 TO ANY OTHER REQUIREMENTS OF THE COURT, EVERY PERSON CONVICTED 5 OF A VIOLATION OF SECTION 3731 (RELATING TO DRIVING UNDER 6 INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE) AND EVERY PERSON 7 OFFERED ACCELERATED REHABILITATIVE DISPOSITION AS A RESULT OF A 8 CHARGE OF A VIOLATION OF SECTION 3731 SHALL, PRIOR TO SENTENCING 9 OR RECEIVING ACCELERATED REHABILITATIVE DISPOSITION OR OTHER 10 PRELIMINARY DISPOSITION, BE EVALUATED USING COURT REPORTING 11 NETWORK INSTRUMENTS ISSUED BY THE DEPARTMENT AND ANY OTHER 12 ADDITIONAL EVALUATION TECHNIQUES DEEMED APPROPRIATE BY THE COURT 13 TO DETERMINE THE EXTENT OF THE PERSON'S INVOLVEMENT WITH ALCOHOL 14 OR CONTROLLED SUBSTANCES AND TO ASSIST THE COURT IN DETERMINING 15 WHAT SENTENCING, PROBATION OR CONDITIONS OF ACCELERATED 16 REHABILITATIVE DISPOSITION WOULD BENEFIT THE PERSON OR THE 17 PUBLIC. 18 (B) ATTENDANCE AT ALCOHOL HIGHWAY SAFETY SCHOOL.--IN 19 ADDITION TO ANY OTHER REQUIREMENTS OF THE COURT, EVERY PERSON 20 CONVICTED OF A FIRST OFFENSE UNDER SECTION 3731 AND EVERY PERSON 21 PLACED ON ACCELERATED REHABILITATIVE DISPOSITION OR OTHER 22 PRELIMINARY DISPOSITION AS A RESULT OF A CHARGE OF A VIOLATION 23 OF SECTION 3731 SHALL, AS A PART OF SENTENCING OR AS A CONDITION 24 OF PAROLE, PROBATION OR ACCELERATED REHABILITATIVE DISPOSITION, 25 BE REQUIRED TO ATTEND AND SUCCESSFULLY COMPLETE AN APPROVED 26 ALCOHOL HIGHWAY SAFETY SCHOOL ESTABLISHED PURSUANT TO SECTION 27 1549 (RELATING TO ESTABLISHMENT OF SCHOOLS). ALL PERSONS 28 REQUIRED TO PARTICIPATE IN THIS PROGRAM SHALL BE GIVEN BOTH ORAL 29 AND WRITTEN NOTICE OF THE PROVISIONS OF SECTION 1543(B) 30 (RELATING TO DRIVING WHILE OPERATING PRIVILEGE IS SUSPENDED OR 20030S0008B1078 - 168 -
1 REVOKED). PERSONS CONVICTED OF A SECOND OR SUBSEQUENT OFFENSE 2 UNDER SECTION 3731 SHALL BE REQUIRED BY THE COURT TO BE TREATED 3 FOR ALCOHOL OR DRUG ADDICTION PURSUANT TO SUBSECTION (D).] 4 (C) RESULTS OF EVALUATION.-- 5 (1) THIS SUBSECTION SHALL APPLY AS FOLLOWS: 6 (I) TO OFFENDERS SENTENCED UNDER SECTION 3804(A)(3), 7 (B)(2) AND (C)(1) (RELATING TO PENALTIES) AFTER SEPTEMBER 8 29, 2003, AND BEFORE JULY 1, 2006. 9 (II) TO OFFENDERS SENTENCED UNDER SECTION 3804(A)(1) 10 AND (2) AND (B)(1) AFTER SEPTEMBER 29, 2003, AND BEFORE 11 JULY 1, 2009. 12 (2) BASED ON THE RESULTS OF EVALUATION AND ANY 13 ADDITIONAL INFORMATION AND EVIDENCE, THE COURT MAY IN 14 ADDITION TO ANY OTHER REQUIREMENTS OF THE COURT OR THIS TITLE 15 DETERMINE AND REQUIRE, AS PART OF SENTENCING OR CONDITION OF 16 PAROLE, PROBATION OR ACCELERATED REHABILITATIVE DISPOSITION 17 OR OTHER PRELIMINARY DISPOSITION, THAT THE PERSON 18 SUCCESSFULLY COMPLETE A PRESCRIBED PROGRAM OF INDIVIDUAL OR 19 GROUP INTERVENTION OR SUPERVISED INPATIENT OR OUTPATIENT 20 TREATMENT OR ANY COMBINATION OF THESE PROGRAMS OR TREATMENTS 21 FOR A PERIOD OF UP TO TWO YEARS IN DURATION. ANY PROGRAM OF 22 INDIVIDUAL OR GROUP INTERVENTION OR SUPERVISED INPATIENT OR 23 OUTPATIENT TREATMENT SHALL BE OF A TYPE APPROVED BY THE 24 DEPARTMENT OF HEALTH OR OPERATED BY A FACILITY OR HOSPITAL 25 THAT IS UNDER THE AUTHORITY OF THE UNITED STATES ARMED FORCES 26 OR THE DEPARTMENT OF VETERANS AFFAIRS. BASED ON PERIODIC 27 REVIEWS OF THE PERSON'S PROGRESS, THE COURT MAY ALTER, MODIFY 28 OR SHORTEN OR EXTEND THE DURATION OF THE REQUIREMENTS. 29 (3) THIS SUBSECTION SHALL EXPIRE JULY 1, 2009. 30 (D) ORDER FOR ALCOHOL OR DRUG COMMITMENT.-- 20030S0008B1078 - 169 -
1 (1) THIS SUBSECTION SHALL APPLY AS FOLLOWS: 2 (I) TO OFFENDERS SENTENCED UNDER SECTION 3804(A)(3), 3 (B)(2) AND (C)(1) AFTER SEPTEMBER 29, 2003, AND BEFORE 4 JULY 1, 2006. 5 (II) TO OFFENDERS SENTENCED UNDER SECTION 3804(A)(1) 6 AND (2) AND (B)(1) AFTER SEPTEMBER 29, 2003, AND BEFORE 7 JULY 1, 2009. 8 (2) IF AFTER EVALUATION AND FURTHER EXAMINATION AND 9 HEARING IT IS DETERMINED THAT A DEFENDANT IS AN ALLEGED 10 CHRONIC ABUSER OF ALCOHOL OR CONTROLLED SUBSTANCES OR THAT 11 THE PERSON IS A SEVERELY DEBILITATED CONTROLLED SUBSTANCE OR 12 ALCOHOL ABUSER WHO REPRESENTS A DEMONSTRATED AND SERIOUS 13 THREAT, THE COURT MAY ORDER THE PERSON COMMITTED FOR 14 TREATMENT AT A FACILITY OR INSTITUTION APPROVED BY THE 15 DEPARTMENT OF HEALTH OR OPERATED BY A FACILITY OR HOSPITAL 16 THAT IS UNDER THE AUTHORITY OF THE UNITED STATES ARMED FORCES 17 OR THE DEPARTMENT OF VETERANS AFFAIRS. IF THE DEFENDANT HAS 18 BEEN CONVICTED OF A PREVIOUS VIOLATION OF SECTION 3731, THE 19 COURT SHALL ORDER THE PERSON COMMITTED TO A DRUG AND ALCOHOL 20 TREATMENT PROGRAM LICENSED BY THE OFFICE OF DRUG AND ALCOHOL 21 PROGRAMS OF THE DEPARTMENT OF HEALTH OR OPERATED BY A 22 FACILITY OR HOSPITAL THAT IS UNDER THE AUTHORITY OF THE 23 UNITED STATES ARMED FORCES OR THE DEPARTMENT OF VETERANS 24 AFFAIRS: 25 [(1)] (I) ANY PERSON SUBJECT TO THIS SUBSECTION MAY BE 26 EXAMINED BY AN APPROPRIATE PHYSICIAN OF THE PERSON'S CHOOSING 27 AND THE RESULT OF THE EXAMINATION SHALL BE CONSIDERED BY THE 28 COURT. 29 [(2)] (II) UPON MOTION DULY MADE BY THE COMMITTED 30 PERSON, AN ATTORNEY OR AN ATTENDING PHYSICIAN, THE COURT AT 20030S0008B1078 - 170 -
1 ANY TIME AFTER AN ORDER OF COMMITMENT MAY REVIEW THE ORDER. 2 AFTER DETERMINING THE PROGRESS OF TREATMENT, THE COURT MAY 3 ORDER ITS CONTINUATION, THE PERSON'S RELEASE OR SUPERVISED 4 TREATMENT ON AN OUTPATIENT BASIS. 5 [(3)] (III) ANY PERSON ORDERED BY THE COURT TO RECEIVE 6 TREATMENT AFTER A FIRST OFFENSE, AND ANY PERSON REQUIRED TO 7 RECEIVE TREATMENT AFTER A SECOND OFFENSE UNDER SECTION 3731 8 MUST DEMONSTRATE TO THE COURT THAT THE DEFENDANT HAS 9 SUCCESSFULLY COMPLETED TREATMENT ACCORDING TO ALL GUIDELINES 10 REQUIRED BY THE PROGRAM BEFORE THE PERSON'S OPERATING 11 PRIVILEGE MAY BE RESTORED. 12 (3) THIS SUBSECTION SHALL EXPIRE JULY 1, 2009. 13 (E) COSTS.--COSTS OF ANY AND ALL REQUIREMENTS APPLIED UNDER 14 THIS SECTION SHALL BE IN ADDITION TO ANY OTHER PENALTY REQUIRED 15 OR ALLOWED BY LAW AND SHALL BE THE RESPONSIBILITY OF THE PERSON 16 UPON WHOM THE REQUIREMENTS ARE PLACED. THIS SUBSECTION SHALL 17 EXPIRE JULY 1, 2009. 18 (F) COURT-ORDERED INTERVENTION OR TREATMENT.-- 19 (1) THIS SUBSECTION SHALL APPLY AS FOLLOWS: 20 (I) TO OFFENDERS SENTENCED UNDER SECTION 3804(A)(3), 21 (B)(2) AND (C)(1) AFTER SEPTEMBER 29, 2003, AND BEFORE 22 JULY 1, 2006. 23 (II) TO OFFENDERS SENTENCED UNDER SECTION 3804(A)(1) 24 AND (2) AND (B)(1) AFTER SEPTEMBER 29, 2003, AND BEFORE 25 JULY 1, 2009. 26 (2) A RECORD SHALL BE SUBMITTED TO THE DEPARTMENT AS TO 27 WHETHER THE COURT DID OR DID NOT ORDER A DEFENDANT TO ATTEND 28 A PROGRAM OF SUPERVISED INDIVIDUAL OR GROUP COUNSELING 29 TREATMENT OR SUPERVISED INPATIENT OR OUTPATIENT TREATMENT. IF 30 THE COURT ORDERS TREATMENT, A REPORT SHALL BE FORWARDED TO 20030S0008B1078 - 171 -
1 THE DEPARTMENT AS TO WHETHER THE DEFENDANT SUCCESSFULLY 2 COMPLETED THE PROGRAM. IF A DEFENDANT FAILS TO SUCCESSFULLY 3 COMPLETE A PROGRAM OF TREATMENT AS ORDERED BY THE COURT, THE 4 SUSPENSION SHALL REMAIN IN EFFECT UNTIL THE DEPARTMENT IS 5 NOTIFIED BY THE COURT THAT THE DEFENDANT HAS SUCCESSFULLY 6 COMPLETED TREATMENT AND THE DEFENDANT IS OTHERWISE ELIGIBLE 7 FOR RESTORATION OF HIS OPERATING PRIVILEGE. IN ORDER TO 8 IMPLEMENT THE RECORDKEEPING REQUIREMENTS OF THIS SECTION, THE 9 DEPARTMENT AND THE COURT SHALL WORK TOGETHER TO EXCHANGE 10 PERTINENT INFORMATION ABOUT A DEFENDANT'S CASE, INCLUDING 11 ATTENDANCE AND COMPLETION OF TREATMENT OR FAILURE TO COMPLETE 12 TREATMENT. 13 (3) THIS SUBSECTION SHALL EXPIRE JULY 1, 2009. 14 § 1549. ESTABLISHMENT OF SCHOOLS. 15 * * * 16 (B) ALCOHOL HIGHWAY SAFETY SCHOOLS.-- 17 (1) EACH COUNTY, MULTICOUNTY JUDICIAL DISTRICT OR GROUP 18 OF COUNTIES COMBINED UNDER ONE PROGRAM SHALL, IN COMPLIANCE 19 WITH REGULATIONS OF THE DEPARTMENT AND THE DEPARTMENT OF 20 HEALTH, ESTABLISH AND MAINTAIN A COURSE OF INSTRUCTION ON THE 21 PROBLEMS OF ALCOHOL AND DRIVING. THE TIME DURING WHICH THE 22 COURSE IS OFFERED SHALL ACCOMMODATE PERSONS' WORK SCHEDULES, 23 INCLUDING WEEKEND AND EVENING TIMES. 24 (2) THESE REGULATIONS SHALL INCLUDE, BUT NOT BE LIMITED 25 TO, A UNIFORM CURRICULUM FOR THE COURSE OF INSTRUCTION, 26 TRAINING AND CERTIFICATION REQUIREMENTS FOR INSTRUCTORS AND 27 PROVISION FOR THE GIVING OF BOTH ORAL AND WRITTEN NOTICE OF 28 THE PROVISIONS OF SECTION 1543(B) (RELATING TO DRIVING WHILE 29 OPERATING PRIVILEGE IS SUSPENDED OR REVOKED) TO ALL PROGRAM 30 PARTICIPANTS. 20030S0008B1078 - 172 -
1 § 1552. ACCELERATED REHABILITATIVE DISPOSITION. 2 THE COURT OF COMMON PLEAS IN EACH JUDICIAL DISTRICT AND THE 3 MUNICIPAL COURT OF PHILADELPHIA SHALL ESTABLISH AND IMPLEMENT A 4 PROGRAM FOR ACCELERATED REHABILITATIVE DISPOSITION FOR PERSONS 5 CHARGED WITH A VIOLATION OF SECTION [3731] 3802 (RELATING TO 6 DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE) IN 7 ACCORDANCE WITH THE PROVISIONS OF THIS CHAPTER AND RULES ADOPTED 8 BY THE SUPREME COURT. 9 SECTION 12. SECTION 1553(D)(6), (8), (9) AND (16), (E) AND 10 (F)(1) OF TITLE 75 ARE AMENDED AND THE SECTION IS AMENDED BY 11 ADDING SUBSECTIONS TO READ: 12 § 1553. OCCUPATIONAL LIMITED LICENSE. 13 * * * 14 (D) UNAUTHORIZED ISSUANCE.--THE DEPARTMENT SHALL PROHIBIT 15 ISSUANCE OF AN OCCUPATIONAL LIMITED LICENSE TO: 16 * * * 17 (6) [ ANY] EXCEPT AS SET FORTH IN SUBSECTION (D.1) OR 18 (D.2) ANY PERSON WHO HAS BEEN ADJUDICATED DELINQUENT OR 19 CONVICTED OF DRIVING UNDER THE INFLUENCE OF ALCOHOL OR 20 CONTROLLED SUBSTANCE UNLESS THE SUSPENSION OR REVOCATION 21 IMPOSED FOR THAT CONVICTION HAS BEEN FULLY SERVED. 22 * * * 23 (8) [ANY] EXCEPT AS SET FORTH IN SUBSECTIONS (D.1) AND 24 (D.2), ANY PERSON WHO HAS BEEN GRANTED A CONSENT DECREE OR 25 ACCELERATED REHABILITATIVE DISPOSITION FOR DRIVING UNDER THE 26 INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE AND WHOSE 27 LICENSE HAS BEEN SUSPENDED BY THE DEPARTMENT UNLESS THE 28 SUSPENSION IMPOSED HAS BEEN FULLY SERVED. 29 (9) [ANY] EXCEPT AS SET FORTH IN SUBSECTION (D.4), ANY 30 PERSON WHOSE OPERATING PRIVILEGE HAS BEEN SUSPENDED FOR A 20030S0008B1078 - 173 -
1 VIOLATION OF 18 PA.C.S. § 6308 (RELATING TO PURCHASE, 2 CONSUMPTION, POSSESSION OR TRANSPORTATION OF LIQUOR OR MALT 3 OR BREWED BEVERAGES) UNLESS THE SUSPENSION IMPOSED HAS BEEN 4 FULLY SERVED. 5 * * * 6 (16) [ANY] EXCEPT AS SET FORTH IN SUBSECTION (D.3), ANY 7 PERSON WHOSE OPERATING PRIVILEGE HAS BEEN SUSPENDED UNDER AN 8 INTERJURISDICTIONAL AGREEMENT AS PROVIDED FOR IN SECTION 6146 9 AS THE RESULT OF A CONVICTION OR ADJUDICATION IF THE 10 CONVICTION OR ADJUDICATION FOR AN EQUIVALENT OFFENSE IN THIS 11 COMMONWEALTH WOULD HAVE PROHIBITED THE ISSUANCE OF AN 12 OCCUPATIONAL LIMITED LICENSE. 13 * * * 14 (D.1) ADJUDICATION ELIGIBILITY.--AN INDIVIDUAL WHO HAS BEEN 15 ADJUDICATED DELINQUENT, CONVICTED, GRANTED A CONSENT DECREE OR 16 GRANTED ACCELERATED REHABILITATION DISPOSITION FOR DRIVING UNDER 17 THE INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE AND DOES NOT 18 HAVE A PRIOR OFFENSE AS DEFINED IN SECTION 3806(A) (RELATING TO 19 PRIOR OFFENSES) SHALL BE ELIGIBLE FOR AN OCCUPATIONAL LIMITED 20 LICENSE. 21 (D.2) SUSPENSION ELIGIBILITY.-- 22 (1) AN INDIVIDUAL WHOSE LICENSE HAS BEEN SUSPENDED FOR A 23 PERIOD OF 24 MONTHS UNDER SECTION 1547(B)(1)(II) (RELATING TO 24 CHEMICAL TESTING TO DETERMINE AMOUNT OF ALCOHOL OR CONTROLLED 25 SUBSTANCE) OR 3804(E)(2)(II) (RELATING TO PENALTIES) SHALL 26 NOT BE PROHIBITED FROM OBTAINING AN OCCUPATIONAL LIMITED 27 LICENSE UNDER THIS SECTION IF THE INDIVIDUAL: 28 (I) IS OTHERWISE ELIGIBLE FOR RESTORATION; 29 (II) HAS SERVED AT LEAST 12 MONTHS OF THE LICENSE 30 SUSPENSION; 20030S0008B1078 - 174 -
1 (III) ONLY OPERATES A MOTOR VEHICLE EQUIPPED WITH AN 2 IGNITION INTERLOCK SYSTEM AS DEFINED IN SECTION 3801 3 (RELATING TO DEFINITIONS); AND 4 (IV) HAS CERTIFIED TO THE DEPARTMENT UNDER PARAGRAPH 5 (3). 6 (2) A PERIOD OF IGNITION INTERLOCK ACCEPTED UNDER THIS 7 SUBSECTION SHALL NOT COUNT TOWARDS THE ONE-YEAR MANDATORY 8 PERIOD OF IGNITION INTERLOCK IMPOSED UNDER SECTION 3805 9 (RELATING TO IGNITION INTERLOCK). 10 (3) IF AN INDIVIDUAL SEEKS AN OCCUPATIONAL LIMITED 11 LICENSE UNDER THIS SUBSECTION, THE DEPARTMENT SHALL REQUIRE 12 THAT EACH MOTOR VEHICLE OWNED OR REGISTERED TO THE PERSON HAS 13 BEEN EQUIPPED WITH AN APPROVED IGNITION INTERLOCK SYSTEM AS A 14 CONDITION OF ISSUING AN OCCUPATIONAL LIMITED LICENSE WITH AN 15 IGNITION INTERLOCK RESTRICTION. 16 (D.3) INTERJURISDICTIONAL SUSPENSIONS.--AN INDIVIDUAL WHOSE 17 OPERATING PRIVILEGE HAS BEEN SUSPENDED PURSUANT TO AN 18 INTERJURISDICTIONAL AGREEMENT UNDER SECTION 6146 AS THE RESULT 19 OF AN ADJUDICATION OR CONVICTION FOR DRIVING UNDER THE INFLUENCE 20 OF ALCOHOL OR CONTROLLED SUBSTANCE AND DOES NOT HAVE A PRIOR 21 OFFENSE AS DEFINED IN SECTION 3806(A) SHALL BE ELIGIBLE FOR AN 22 OCCUPATIONAL LIMITED LICENSE. 23 (D.4) SUSPENSION ELIGIBILITY RELATED TO TITLE 18 24 VIOLATION.--AN INDIVIDUAL WHOSE OPERATING PRIVILEGE HAS BEEN 25 SUSPENDED FOR VIOLATION OF 18 PA.C.S. § 6308 SHALL BE ELIGIBLE 26 FOR AN OCCUPATIONAL LIMITED LICENSE UNLESS THE INDIVIDUAL HAS 27 PREVIOUSLY VIOLATED 18 PA.C.S. § 6308. 28 (E) OFFENSES COMMITTED DURING A PERIOD FOR WHICH AN 29 OCCUPATIONAL LIMITED LICENSE HAS BEEN ISSUED.--ANY DRIVER WHO 30 HAS BEEN ISSUED AN OCCUPATIONAL LIMITED LICENSE AND AS TO WHOM 20030S0008B1078 - 175 -
1 THE DEPARTMENT RECEIVES A REPORT OF CONVICTION OF AN OFFENSE FOR 2 WHICH THE PENALTY IS A CANCELLATION, DISQUALIFICATION, RECALL, 3 SUSPENSION OR REVOCATION OF OPERATING PRIVILEGES OR A REPORT 4 UNDER SECTION 3815(C)(4) (RELATING TO MANDATORY SENTENCING) 5 SHALL HAVE THE OCCUPATIONAL LIMITED LICENSE RECALLED, AND THE 6 DRIVER SHALL SURRENDER THE LIMITED LICENSE TO THE DEPARTMENT OR 7 ITS AGENTS DESIGNATED UNDER THE AUTHORITY OF SECTION 1540. 8 (F) RESTRICTIONS.--A DRIVER WHO HAS BEEN ISSUED AN 9 OCCUPATIONAL LIMITED LICENSE SHALL OBSERVE THE FOLLOWING: 10 (1) THE DRIVER SHALL OPERATE A DESIGNATED VEHICLE ONLY 11 [BETWEEN]: 12 (I) BETWEEN THE DRIVER'S PLACE OF RESIDENCE AND 13 PLACE OF EMPLOYMENT OR STUDY AND AS NECESSARY IN THE 14 COURSE OF EMPLOYMENT OR CONDUCTING A BUSINESS OR PURSUING 15 A COURSE OF STUDY WHERE THE OPERATION OF A MOTOR VEHICLE 16 IS A REQUIREMENT OF EMPLOYMENT OR OF CONDUCTING A 17 BUSINESS OR OF PURSUING A COURSE OF STUDY. 18 (II) TO AND FROM A PLACE FOR SCHEDULED OR EMERGENCY 19 MEDICAL EXAMINATION OR TREATMENT. THIS SUBPARAGRAPH 20 INCLUDES TREATMENT REQUIRED UNDER CHAPTER 38 (RELATING TO 21 DRIVING WHILE IMPAIRED). 22 * * * 23 SECTION 13. SECTIONS 1554(F)(8), 1575(B), 1586, 1611(A)(1), 24 3101(B), 3326(C), 3327(E) AND 3716(A) OF TITLE 75 ARE AMENDED TO 25 READ: 26 § 1554. PROBATIONARY LICENSE. 27 * * * 28 (F) UNAUTHORIZED ISSUANCE.--THE DEPARTMENT SHALL NOT ISSUE A 29 PROBATIONARY LICENSE TO: 30 * * * 20030S0008B1078 - 176 -
1 (8) A PERSON WHO HAS BEEN CONVICTED OF A VIOLATION OF 2 SECTION [3731] 3802 (RELATING TO DRIVING UNDER INFLUENCE OF 3 ALCOHOL OR CONTROLLED SUBSTANCE) WITHIN THE PRECEDING SEVEN 4 YEARS. 5 * * * 6 § 1575. PERMITTING VIOLATION OF TITLE. 7 * * * 8 (B) PENALTY.--ANY PERSON VIOLATING THE PROVISIONS OF 9 SUBSECTION (A) IS GUILTY OF A SUMMARY OFFENSE AND IS SUBJECT TO 10 THE SAME FINE AS THE DRIVER OF THE VEHICLE. IF THE DRIVER IS 11 CONVICTED UNDER SECTION [3731 (RELATING TO DRIVING UNDER 12 INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE) OR] 3735 (RELATING 13 TO HOMICIDE BY VEHICLE WHILE DRIVING UNDER INFLUENCE) OR 3802 14 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED 15 SUBSTANCE), THE PERSON VIOLATING SUBSECTION (A) SHALL ALSO BE 16 SUBJECT TO SUSPENSION OR REVOCATION, AS APPLICABLE, UNDER 17 SECTIONS 1532 (RELATING TO REVOCATION OR SUSPENSION OF OPERATING 18 PRIVILEGE) [AND], 1542 (RELATING TO REVOCATION OF HABITUAL 19 OFFENDER'S LICENSE) AND 3804(E) (RELATING TO PENALTIES). 20 * * * 21 § 1586. DUTIES OF DEPARTMENT. 22 THE DEPARTMENT SHALL, FOR PURPOSES OF IMPOSING A SUSPENSION 23 OR REVOCATION UNDER ARTICLE IV OF THE COMPACT, TREAT REPORTS OF 24 CONVICTIONS RECEIVED FROM PARTY STATES THAT RELATE TO DRIVING, 25 OPERATING OR BEING IN ACTUAL PHYSICAL CONTROL OF A VEHICLE WHILE 26 IMPAIRED BY OR UNDER THE INFLUENCE OF ALCOHOL, INTOXICATING 27 LIQUOR, DRUGS, NARCOTICS, CONTROLLED SUBSTANCES OR OTHER 28 IMPAIRING OR INTOXICATING SUBSTANCE AS BEING SUBSTANTIALLY 29 SIMILAR TO SECTION [3731] 3802 (RELATING TO DRIVING UNDER THE 30 INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE). THE FACT THAT THE 20030S0008B1078 - 177 -
1 OFFENSE REPORTED TO THE DEPARTMENT BY A PARTY STATE MAY REQUIRE 2 A DIFFERENT DEGREE OF IMPAIRMENT OF A PERSON'S ABILITY TO 3 OPERATE, DRIVE OR CONTROL A VEHICLE THAN THAT REQUIRED TO 4 SUPPORT A CONVICTION FOR A VIOLATION OF SECTION [3731] 3802 5 SHALL NOT BE A BASIS FOR DETERMINING THAT THE PARTY STATE'S 6 OFFENSE IS NOT SUBSTANTIALLY SIMILAR TO SECTION [3731] 3802 FOR 7 PURPOSES OF ARTICLE IV OF THE COMPACT. 8 § 1611. DISQUALIFICATION. 9 (A) DISQUALIFICATION FOR FIRST VIOLATION OF CERTAIN 10 OFFENSES.--UPON RECEIPT OF A CERTIFIED COPY OF CONVICTION, THE 11 DEPARTMENT SHALL, IN ADDITION TO ANY OTHER PENALTIES IMPOSED 12 UNDER THIS TITLE, DISQUALIFY ANY PERSON FROM DRIVING A 13 COMMERCIAL MOTOR VEHICLE OR SCHOOL VEHICLE FOR A PERIOD OF ONE 14 YEAR FOR THE FIRST VIOLATION OF: 15 (1) SECTION [3731] 3802 (RELATING TO DRIVING UNDER THE 16 INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE), WHERE THE 17 VIOLATION OCCURRED WHILE THE PERSON WAS OPERATING A 18 COMMERCIAL MOTOR VEHICLE OR SCHOOL VEHICLE; 19 * * * 20 § 3101. APPLICATION OF PART. 21 * * * 22 (B) SERIOUS TRAFFIC OFFENSES.--THE PROVISIONS OF SECTION 23 3345 (RELATING TO MEETING OR OVERTAKING SCHOOL BUS) [AND], 24 SUBCHAPTER B OF CHAPTER 37 (RELATING TO SERIOUS TRAFFIC 25 OFFENSES) AND CHAPTER 38 (RELATING TO DRIVING WHILE IMPAIRED) 26 SHALL APPLY UPON HIGHWAYS AND TRAFFICWAYS THROUGHOUT THIS 27 COMMONWEALTH. 28 § 3326. DUTY OF DRIVER IN CONSTRUCTION AND MAINTENANCE AREAS OR 29 ON HIGHWAY SAFETY CORRIDORS. 30 * * * 20030S0008B1078 - 178 -
1 (C) FINES TO BE DOUBLED.-- FOR ANY OF THE FOLLOWING 2 VIOLATIONS, WHEN COMMITTED IN AN ACTIVE WORK ZONE MANNED BY 3 WORKERS ACTING IN THEIR OFFICIAL CAPACITY OR ON A HIGHWAY SAFETY 4 CORRIDOR DESIGNATED UNDER SECTION 6105.1 (RELATING TO 5 DESIGNATION OF HIGHWAY SAFETY CORRIDORS), THE FINE SHALL BE 6 DOUBLE THE USUAL AMOUNT: 7 SECTION 3102 (RELATING TO OBEDIENCE TO AUTHORIZED 8 PERSONS DIRECTING TRAFFIC). 9 SECTION 3111 (RELATING TO OBEDIENCE TO TRAFFIC- 10 CONTROL DEVICES). 11 SECTION 3112 (RELATING TO TRAFFIC-CONTROL SIGNALS). 12 SECTION 3114 (RELATING TO FLASHING SIGNALS). 13 SECTION 3302 (RELATING TO MEETING VEHICLE PROCEEDING 14 IN OPPOSITE DIRECTION). 15 SECTION 3303 (RELATING TO OVERTAKING VEHICLE ON THE 16 LEFT). 17 SECTION 3304 (RELATING TO OVERTAKING VEHICLE ON THE 18 RIGHT). 19 SECTION 3305 (RELATING TO LIMITATIONS ON OVERTAKING 20 ON THE LEFT). 21 SECTION 3306 (RELATING TO LIMITATIONS ON DRIVING ON 22 LEFT SIDE OF ROADWAY). 23 SECTION 3307 (RELATING TO NO-PASSING ZONES). 24 SECTION 3309 (RELATING TO DRIVING ON ROADWAYS LANED 25 FOR TRAFFIC). 26 SECTION 3310 (RELATING TO FOLLOWING TOO CLOSELY). 27 SECTION 3323 (RELATING TO STOP SIGNS AND YIELD 28 SIGNS). 29 SECTION 3326 (RELATING TO DUTY OF DRIVER IN 30 CONSTRUCTION AND MAINTENANCE AREAS). 20030S0008B1078 - 179 -
1 SECTION 3361 (RELATING TO DRIVING VEHICLE AT SAFE 2 SPEED). 3 SECTION 3362 (RELATING TO MAXIMUM SPEED LIMITS). 4 SECTION 3702 (RELATING TO LIMITATIONS ON BACKING). 5 SECTION 3714 (RELATING TO CARELESS DRIVING). 6 SECTION 3715 (RELATING TO RESTRICTION ON ALCOHOLIC 7 BEVERAGES). 8 [SECTION 3731 (RELATING TO DRIVING UNDER INFLUENCE OF 9 ALCOHOL OR CONTROLLED SUBSTANCE).] 10 SECTION 3736 (RELATING TO RECKLESS DRIVING). 11 SECTION 3802 (RELATING TO DRIVING UNDER INFLUENCE OF 12 ALCOHOL OR CONTROLLED SUBSTANCE). 13 * * * 14 § 3327. DUTY OF DRIVER IN EMERGENCY RESPONSE AREAS. 15 * * * 16 (E) FINES TO BE DOUBLED.--IN ADDITION TO ANY PENALTY AS 17 PROVIDED IN SUBSECTION (B), THE FINE FOR ANY OF THE FOLLOWING 18 VIOLATIONS WHEN COMMITTED IN AN EMERGENCY RESPONSE AREA MANNED 19 BY EMERGENCY SERVICE RESPONDERS SHALL BE DOUBLE THE USUAL 20 AMOUNT: 21 SECTION 3102 (RELATING TO OBEDIENCE TO AUTHORIZED PERSONS 22 DIRECTING TRAFFIC). 23 SECTION 3111 (RELATING TO OBEDIENCE TO TRAFFIC-CONTROL 24 DEVICES). 25 SECTION 3114 (RELATING TO FLASHING SIGNALS). 26 SECTION 3302 (RELATING TO MEETING VEHICLE PROCEEDING IN 27 OPPOSITE DIRECTION). 28 SECTION 3303 (RELATING TO OVERTAKING VEHICLE ON THE 29 LEFT). 30 SECTION 3304 (RELATING TO OVERTAKING VEHICLE ON THE 20030S0008B1078 - 180 -
1 RIGHT). 2 SECTION 3305 (RELATING TO LIMITATIONS ON OVERTAKING ON 3 THE LEFT). 4 SECTION 3306 (RELATING TO LIMITATIONS ON DRIVING ON LEFT 5 SIDE OF ROADWAY). 6 SECTION 3307 (RELATING TO NO-PASSING ZONES). 7 SECTION 3310 (RELATING TO FOLLOWING TOO CLOSELY). 8 SECTION 3312 (RELATING TO LIMITED ACCESS HIGHWAY 9 ENTRANCES AND EXITS). 10 SECTION 3323 (RELATING TO STOP SIGNS AND YIELD SIGNS). 11 SECTION 3325 (RELATING TO DUTY OF DRIVER ON APPROACH OF 12 EMERGENCY VEHICLE). 13 SECTION 3361 (RELATING TO DRIVING VEHICLE AT SAFE SPEED). 14 SECTION 3707 (RELATING TO DRIVING OR STOPPING CLOSE TO 15 FIRE APPARATUS). 16 SECTION 3710 (RELATING TO STOPPING AT INTERSECTION OR 17 CROSSING TO PREVENT OBSTRUCTION). 18 SECTION 3714 (RELATING TO CARELESS DRIVING). 19 SECTION 3715.1 (RELATING TO RESTRICTION ON ALCOHOLIC 20 BEVERAGES). 21 [SECTION 3731 (RELATING TO DRIVING UNDER INFLUENCE OF 22 ALCOHOL OR CONTROLLED SUBSTANCE).] 23 SECTION 3736 (RELATING TO RECKLESS DRIVING). 24 SECTION 3802 (RELATING TO DRIVING UNDER INFLUENCE OF 25 ALCOHOL OR CONTROLLED SUBSTANCE). 26 * * * 27 § 3716. ACCIDENTS INVOLVING OVERTURNED VEHICLES. 28 (A) SPEEDING, CARELESS DRIVING, ETC.--IF A COMMERCIAL MOTOR 29 VEHICLE OVERTURNS IN AN ACCIDENT RESULTING FROM A VIOLATION OF 30 SECTION 3361 (RELATING TO DRIVING VEHICLE AT SAFE SPEED), 3362 20030S0008B1078 - 181 -
1 (RELATING TO MAXIMUM SPEED LIMITS), 3714 (RELATING TO CARELESS 2 DRIVING) OR [3731] 3802 (RELATING TO DRIVING UNDER INFLUENCE OF 3 ALCOHOL OR CONTROLLED SUBSTANCE), THE OPERATOR OF THE VEHICLE 4 SHALL, UPON CONVICTION OF ANY OF THE AFOREMENTIONED OFFENSES, BE 5 SENTENCED TO PAY A FINE OF $2,000, IN ADDITION TO ANY OTHER 6 PENALTY AUTHORIZED BY LAW. 7 * * * 8 SECTION 14. SECTION 3731 OF TITLE 75 IS REPEALED. 9 SECTION 15. SECTIONS 3732(A), 3735(A), 3735.1(A) AND 3755(A) 10 OF TITLE 75 ARE AMENDED TO READ: 11 § 3732. HOMICIDE BY VEHICLE. 12 (A) OFFENSE.--ANY PERSON WHO RECKLESSLY OR WITH GROSS 13 NEGLIGENCE CAUSES THE DEATH OF ANOTHER PERSON WHILE ENGAGED IN 14 THE VIOLATION OF ANY LAW OF THIS COMMONWEALTH OR MUNICIPAL 15 ORDINANCE APPLYING TO THE OPERATION OR USE OF A VEHICLE OR TO 16 THE REGULATION OF TRAFFIC EXCEPT SECTION [3731] 3802 (RELATING 17 TO DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE) 18 IS GUILTY OF HOMICIDE BY VEHICLE, A FELONY OF THE THIRD DEGREE, 19 WHEN THE VIOLATION IS THE CAUSE OF DEATH. 20 * * * 21 § 3735. HOMICIDE BY VEHICLE WHILE DRIVING UNDER INFLUENCE. 22 (A) OFFENSE DEFINED.--ANY PERSON WHO UNINTENTIONALLY CAUSES 23 THE DEATH OF ANOTHER PERSON AS THE RESULT OF A VIOLATION OF 24 SECTION [3731] 3802 (RELATING TO DRIVING UNDER INFLUENCE OF 25 ALCOHOL OR CONTROLLED SUBSTANCE) AND WHO IS CONVICTED OF 26 VIOLATING SECTION [3731] 3802 IS GUILTY OF A FELONY OF THE 27 SECOND DEGREE WHEN THE VIOLATION IS THE CAUSE OF DEATH AND THE 28 SENTENCING COURT SHALL ORDER THE PERSON TO SERVE A MINIMUM TERM 29 OF IMPRISONMENT OF NOT LESS THAN THREE YEARS. A CONSECUTIVE 30 THREE-YEAR TERM OF IMPRISONMENT SHALL BE IMPOSED FOR EACH VICTIM 20030S0008B1078 - 182 -
1 WHOSE DEATH IS THE RESULT OF THE VIOLATION OF SECTION [3731] 2 3802. 3 * * * 4 § 3735.1. AGGRAVATED ASSAULT BY VEHICLE WHILE DRIVING UNDER THE 5 INFLUENCE. 6 (A) OFFENSE DEFINED.--ANY PERSON WHO NEGLIGENTLY CAUSES 7 SERIOUS BODILY INJURY TO ANOTHER PERSON AS THE RESULT OF A 8 VIOLATION OF SECTION [3731] 3802 (RELATING TO DRIVING UNDER 9 INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE) AND WHO IS 10 CONVICTED OF VIOLATING SECTION [3731] 3802 COMMITS A FELONY OF 11 THE SECOND DEGREE WHEN THE VIOLATION IS THE CAUSE OF THE INJURY. 12 * * * 13 § 3755. REPORTS BY EMERGENCY ROOM PERSONNEL. 14 (A) GENERAL RULE.--IF, AS A RESULT OF A MOTOR VEHICLE 15 ACCIDENT, THE PERSON WHO DROVE, OPERATED OR WAS IN ACTUAL 16 PHYSICAL CONTROL OF THE MOVEMENT OF ANY INVOLVED MOTOR VEHICLE 17 REQUIRES MEDICAL TREATMENT IN AN EMERGENCY ROOM OF A HOSPITAL 18 AND IF PROBABLE CAUSE EXISTS TO BELIEVE A VIOLATION OF SECTION 19 [3731] 3802 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR 20 CONTROLLED SUBSTANCE) WAS INVOLVED, THE EMERGENCY ROOM PHYSICIAN 21 OR HIS DESIGNEE SHALL PROMPTLY TAKE BLOOD SAMPLES FROM THOSE 22 PERSONS AND TRANSMIT THEM WITHIN 24 HOURS FOR TESTING TO THE 23 DEPARTMENT OF HEALTH OR A CLINICAL LABORATORY LICENSED AND 24 APPROVED BY THE DEPARTMENT OF HEALTH AND SPECIFICALLY DESIGNATED 25 FOR THIS PURPOSE. THIS SECTION SHALL BE APPLICABLE TO ALL 26 INJURED OCCUPANTS WHO WERE CAPABLE OF MOTOR VEHICLE OPERATION IF 27 THE OPERATOR OR PERSON IN ACTUAL PHYSICAL CONTROL OF THE 28 MOVEMENT OF THE MOTOR VEHICLE CANNOT BE DETERMINED. TEST RESULTS 29 SHALL BE RELEASED UPON REQUEST OF THE PERSON TESTED, HIS 30 ATTORNEY, HIS PHYSICIAN OR GOVERNMENTAL OFFICIALS OR AGENCIES. 20030S0008B1078 - 183 -
1 * * * 2 SECTION 16. TITLE 75 IS AMENDED BY ADDING A CHAPTER TO READ: 3 CHAPTER 38 4 DRIVING WHILE IMPAIRED 5 SEC. 6 3801. DEFINITIONS. 7 3802. DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED 8 SUBSTANCE. 9 3803. GRADING. 10 3804. PENALTIES. 11 3805. IGNITION INTERLOCK. (RESERVED) 12 3806. PRIOR OFFENSES. 13 3807. ACCELERATED REHABILITATIVE DISPOSITION. 14 3808. ILLEGALLY OPERATING A MOTOR VEHICLE NOT EQUIPPED WITH 15 IGNITION INTERLOCK. 16 3809. RESTRICTION ON ALCOHOLIC BEVERAGES. 17 3810. AUTHORIZED USE NOT A DEFENSE. 18 3811. CERTAIN ARRESTS AUTHORIZED. 19 3812. PRELIMINARY HEARING OR ARRAIGNMENT. 20 3813. WORK RELEASE. 21 3814. DRUG AND ALCOHOL ASSESSMENTS. 22 3815. MANDATORY SENTENCING. 23 3816. REQUIREMENTS FOR DRIVING UNDER INFLUENCE OFFENDERS. 24 3817. REPORTING REQUIREMENTS FOR OFFENSES. 25 § 3801. DEFINITIONS. 26 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER 27 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE 28 CONTEXT CLEARLY INDICATES OTHERWISE: 29 "ADULT." AN INDIVIDUAL WHO IS AT LEAST 21 YEARS OF AGE. 30 "IGNITION INTERLOCK SYSTEM." A SYSTEM APPROVED BY THE 20030S0008B1078 - 184 -
1 DEPARTMENT WHICH PREVENTS A VEHICLE FROM BEING STARTED OR 2 OPERATED UNLESS THE OPERATOR FIRST PROVIDES A BREATH SAMPLE 3 INDICATING THAT THE OPERATOR HAS AN ALCOHOL LEVEL LESS THAN 4 .025%. 5 "MINOR." AN INDIVIDUAL WHO IS UNDER 21 YEARS OF AGE. 6 § 3802. DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED 7 SUBSTANCE. 8 (A) GENERAL IMPAIRMENT.-- 9 (1) AN INDIVIDUAL MAY NOT DRIVE, OPERATE OR BE IN ACTUAL 10 PHYSICAL CONTROL OF THE MOVEMENT OF A VEHICLE AFTER IMBIBING 11 A SUFFICIENT AMOUNT OF ALCOHOL SUCH THAT THE INDIVIDUAL WAS 12 INCAPABLE OF SAFELY DRIVING, OPERATING OR BEING IN ACTUAL 13 PHYSICAL CONTROL OF THE MOVEMENT OF THE VEHICLE. 14 (2) AN INDIVIDUAL MAY NOT DRIVE, OPERATE OR BE IN ACTUAL 15 PHYSICAL CONTROL OF THE MOVEMENT OF A VEHICLE AFTER IMBIBING 16 A SUFFICIENT AMOUNT OF ALCOHOL SUCH THAT THE ALCOHOL 17 CONCENTRATION IN THE INDIVIDUAL'S BLOOD OR BREATH IS AT LEAST 18 .08% BUT LESS THAN .10% WITHIN THREE HOURS AFTER THE 19 INDIVIDUAL HAS DRIVEN, OPERATED OR BEEN IN ACTUAL PHYSICAL 20 CONTROL OF THE MOVEMENT OF THE VEHICLE. 21 (B) HIGH RATE OF ALCOHOL.--AN INDIVIDUAL MAY NOT DRIVE, 22 OPERATE OR BE IN ACTUAL PHYSICAL CONTROL OF THE MOVEMENT OF A 23 VEHICLE AFTER IMBIBING A SUFFICIENT AMOUNT OF ALCOHOL SUCH THAT 24 THE ALCOHOL CONCENTRATION IN THE INDIVIDUAL'S BLOOD OR BREATH IS 25 AT LEAST .10% BUT LESS THAN .16% WITHIN THREE HOURS AFTER THE 26 INDIVIDUAL HAS DRIVEN, OPERATED OR BEEN IN ACTUAL PHYSICAL 27 CONTROL OF THE MOVEMENT OF THE VEHICLE. 28 (C) HIGHEST RATE OF ALCOHOL.--AN INDIVIDUAL MAY NOT DRIVE, 29 OPERATE OR BE IN ACTUAL PHYSICAL CONTROL OF THE MOVEMENT OF A 30 VEHICLE AFTER IMBIBING A SUFFICIENT AMOUNT OF ALCOHOL SUCH THAT 20030S0008B1078 - 185 -
1 THE ALCOHOL CONCENTRATION IN THE INDIVIDUAL'S BLOOD OR BREATH IS 2 .16% OR HIGHER WITHIN THREE HOURS AFTER THE INDIVIDUAL HAS 3 DRIVEN, OPERATED OR BEEN IN ACTUAL PHYSICAL CONTROL OF THE 4 MOVEMENT OF THE VEHICLE. 5 (D) CONTROLLED SUBSTANCES.--AN INDIVIDUAL MAY NOT DRIVE, 6 OPERATE OR BE IN ACTUAL PHYSICAL CONTROL OF THE MOVEMENT OF A 7 VEHICLE UNDER ANY OF THE FOLLOWING CIRCUMSTANCES: 8 (1) THERE IS IN THE INDIVIDUAL'S BLOOD ANY AMOUNT OF A: 9 (I) SCHEDULE I CONTROLLED SUBSTANCE, AS DEFINED IN 10 THE ACT OF APRIL 14, 1972 (P.L.233, NO.64), KNOWN AS THE 11 CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT; 12 (II) SCHEDULE II OR SCHEDULE III CONTROLLED 13 SUBSTANCE, AS DEFINED IN THE CONTROLLED SUBSTANCE, DRUG, 14 DEVICE AND COSMETIC ACT, WHICH HAS NOT BEEN MEDICALLY 15 PRESCRIBED FOR THE INDIVIDUAL; OR 16 (III) METABOLITE OF A SUBSTANCE UNDER SUBPARAGRAPH 17 (I) OR (II). 18 (2) THE INDIVIDUAL IS UNDER THE INFLUENCE OF A DRUG OR 19 COMBINATION OF DRUGS TO A DEGREE WHICH IMPAIRS THE 20 INDIVIDUAL'S ABILITY TO SAFELY DRIVE, OPERATE OR BE IN ACTUAL 21 PHYSICAL CONTROL OF THE MOVEMENT OF THE VEHICLE. 22 (3) THE INDIVIDUAL IS UNDER THE COMBINED INFLUENCE OF 23 ALCOHOL AND A DRUG OR COMBINATION OF DRUGS TO A DEGREE WHICH 24 IMPAIRS THE INDIVIDUAL'S ABILITY TO SAFELY DRIVE, OPERATE OR 25 BE IN ACTUAL PHYSICAL CONTROL OF THE MOVEMENT OF THE VEHICLE. 26 (4) THE INDIVIDUAL IS UNDER THE INFLUENCE OF A SOLVENT 27 OR NOXIOUS SUBSTANCE IN VIOLATION OF 18 PA.C.S. § 7303 28 (RELATING TO SALE OR ILLEGAL USE OF CERTAIN SOLVENTS AND 29 NOXIOUS SUBSTANCES). 30 (E) MINORS.--A MINOR MAY NOT DRIVE, OPERATE OR BE IN ACTUAL 20030S0008B1078 - 186 -
1 PHYSICAL CONTROL OF THE MOVEMENT OF A VEHICLE AFTER IMBIBING A 2 SUFFICIENT AMOUNT OF ALCOHOL SUCH THAT THE ALCOHOL CONCENTRATION 3 IN THE MINOR'S BLOOD OR BREATH IS .02% OR HIGHER WITHIN THREE 4 HOURS AFTER THE MINOR HAS DRIVEN, OPERATED OR BEEN IN ACTUAL 5 PHYSICAL CONTROL OF THE MOVEMENT OF THE VEHICLE. 6 (F) COMMERCIAL SCHOOL VEHICLES.--AN INDIVIDUAL MAY NOT 7 DRIVE, OPERATE OR BE IN ACTUAL PHYSICAL CONTROL OF THE MOVEMENT 8 OF A COMMERCIAL VEHICLE OR SCHOOL VEHICLE IN ANY OF THE 9 FOLLOWING CIRCUMSTANCES: 10 (1) AFTER THE INDIVIDUAL HAS IMBIBED A SUFFICIENT AMOUNT 11 OF ALCOHOL SUCH THAT THE ALCOHOL CONCENTRATION IN THE 12 INDIVIDUAL'S BLOOD OR BREATH IS: 13 (I) .04% OR GREATER WITHIN THREE HOURS AFTER THE 14 INDIVIDUAL HAS DRIVEN, OPERATED OR BEEN IN ACTUAL 15 PHYSICAL CONTROL OF THE MOVEMENT OF A COMMERCIAL VEHICLE 16 OTHER THAN A SCHOOL BUS OR A SCHOOL VEHICLE. 17 (II) .02% OR GREATER WITHIN THREE HOURS AFTER THE 18 INDIVIDUAL HAS DRIVEN, OPERATED OR BEEN IN ACTUAL 19 PHYSICAL CONTROL OF THE MOVEMENT OF A SCHOOL BUS OR A 20 SCHOOL VEHICLE. 21 (2) AFTER THE INDIVIDUAL HAS IMBIBED A SUFFICIENT AMOUNT 22 OF ALCOHOL SUCH THAT THE INDIVIDUAL WAS INCAPABLE OF SAFELY 23 DRIVING, OPERATING OR BEING IN ACTUAL PHYSICAL CONTROL OF THE 24 MOVEMENT OF A COMMERCIAL VEHICLE. 25 (3) WHILE THE INDIVIDUAL IS UNDER THE INFLUENCE OF A 26 CONTROLLED SUBSTANCE OR COMBINATION OF CONTROLLED SUBSTANCES, 27 AS DEFINED IN SECTION 1603 (RELATING TO DEFINITIONS). 28 (4) WHILE THE INDIVIDUAL IS UNDER THE COMBINED INFLUENCE 29 OF ALCOHOL AND A CONTROLLED SUBSTANCE OR COMBINATION OF 30 CONTROLLED SUBSTANCES, AS DEFINED IN SECTION 1603. 20030S0008B1078 - 187 -
1 (G) EXCEPTION TO THREE-HOUR RULE.--NOTWITHSTANDING THE 2 PROVISIONS OF SUBSECTION (A), (B), (C), (E) OR (F), WHERE 3 ALCOHOL CONCENTRATION IN AN INDIVIDUAL'S BLOOD OR BREATH IS AN 4 ELEMENT OF THE OFFENSE, EVIDENCE OF SUCH ALCOHOL CONCENTRATION 5 MORE THAN THREE HOURS AFTER THE INDIVIDUAL HAS DRIVEN, OPERATED 6 OR BEEN IN ACTUAL PHYSICAL CONTROL OF THE MOVEMENT OF THE 7 VEHICLE IS SUFFICIENT TO ESTABLISH THAT ELEMENT OF THE OFFENSE 8 UNDER THE FOLLOWING CIRCUMSTANCES: 9 (1) WHERE THE COMMONWEALTH SHOWS GOOD CAUSE EXPLAINING 10 WHY THE CHEMICAL TEST COULD NOT BE PERFORMED WITHIN THREE 11 HOURS; AND 12 (2) WHERE THE COMMONWEALTH ESTABLISHES THAT THE 13 INDIVIDUAL DID NOT IMBIBE ANY ALCOHOL BETWEEN THE TIME THE 14 INDIVIDUAL WAS ARRESTED AND THE TIME THE TEST WAS PERFORMED. 15 § 3803. GRADING. 16 (A) BASIC OFFENSES.-- 17 (1) AN INDIVIDUAL WHO VIOLATES SECTION 3802(A) (RELATING 18 TO DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED 19 SUBSTANCE) AND HAS NO MORE THAN ONE PRIOR OFFENSE COMMITS A 20 MISDEMEANOR FOR WHICH THE INDIVIDUAL MAY BE SENTENCED TO A 21 TERM OF IMPRISONMENT OF NOT MORE THAN SIX MONTHS AND TO PAY A 22 FINE UNDER SECTION 3804 (RELATING TO PENALTIES). 23 (2) AN INDIVIDUAL WHO VIOLATES SECTION 3802(A) AND HAS 24 MORE THAN ONE PRIOR OFFENSE COMMITS A MISDEMEANOR OF THE 25 SECOND DEGREE. 26 (B) OTHER OFFENSES.-- 27 (1) AN INDIVIDUAL WHO VIOLATES SECTION 3802(B), (E) OR 28 (F) AND WHO HAS NO MORE THAN ONE PRIOR OFFENSE COMMITS A 29 MISDEMEANOR FOR WHICH THE INDIVIDUAL MAY BE SENTENCED TO A 30 TERM OF IMPRISONMENT OF NOT MORE THAN SIX MONTHS AND TO PAY A 20030S0008B1078 - 188 -
1 FINE UNDER SECTION 3804. 2 (2) AN INDIVIDUAL WHO VIOLATES SECTION 3802(C) OR (D) 3 AND WHO HAS NO PRIOR OFFENSES COMMITS A MISDEMEANOR FOR WHICH 4 THE INDIVIDUAL MAY BE SENTENCED TO A TERM OF IMPRISONMENT OF 5 NOT MORE THAN SIX MONTHS AND TO PAY A FINE UNDER SECTION 6 3804. 7 (3) AN INDIVIDUAL WHO VIOLATES SECTION 3802(B), (E) OR 8 (F) AND WHO HAS MORE THAN ONE PRIOR OFFENSE COMMITS A 9 MISDEMEANOR OF THE FIRST DEGREE. 10 (4) AN INDIVIDUAL WHO VIOLATES SECTION 3802(C) OR (D) 11 AND WHO HAS ONE OR MORE PRIOR OFFENSES COMMITS A MISDEMEANOR 12 OF THE FIRST DEGREE. 13 § 3804. PENALTIES. 14 (A) GENERAL IMPAIRMENT.--AN INDIVIDUAL WHO VIOLATES SECTION 15 3802(A) (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR 16 CONTROLLED SUBSTANCE) SHALL BE SENTENCED AS FOLLOWS: 17 (1) FOR A FIRST OFFENSE, TO: 18 (I) UNDERGO A PERIOD OF PROBATION NOT TO EXCEED SIX 19 MONTHS; 20 (II) PAY A FINE OF $300; 21 (III) ATTEND AN ALCOHOL HIGHWAY SAFETY SCHOOL 22 APPROVED BY THE DEPARTMENT; AND 23 (IV) COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT 24 REQUIREMENTS IMPOSED UNDER SECTION 3814 (RELATING TO DRUG 25 AND ALCOHOL ASSESSMENTS) AND SECTION 3815 (RELATING TO 26 MANDATORY SENTENCING). 27 (2) FOR A SECOND OFFENSE, TO: 28 (I) UNDERGO IMPRISONMENT FOR NOT LESS THAN FIVE DAYS 29 NOR MORE THAN SIX MONTHS; 30 (II) PAY A FINE OF NOT LESS THAN $300 NOR MORE THAN 20030S0008B1078 - 189 -
1 $2,500; 2 (III) ATTEND AN ALCOHOL HIGHWAY SAFETY SCHOOL 3 APPROVED BY THE DEPARTMENT; AND 4 (IV) COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT 5 REQUIREMENTS IMPOSED UNDER SECTIONS 3814 AND 3815. 6 (3) FOR A THIRD OR SUBSEQUENT OFFENSE, TO: 7 (I) UNDERGO IMPRISONMENT OF NOT LESS THAN TEN DAYS 8 NOR MORE THAN TWO YEARS; 9 (II) PAY A FINE OF NOT LESS THAN $500 NOR MORE THAN 10 $5,000; AND 11 (III) COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT 12 REQUIREMENTS IMPOSED UNDER SECTIONS 3814 AND 3815. 13 (B) HIGH RATE OF BLOOD ALCOHOL; MINORS; COMMERCIAL VEHICLES 14 AND SCHOOL BUSES AND SCHOOL VEHICLES; ACCIDENTS.--EXCEPT AS SET 15 FORTH IN SUBSECTION (C), AN INDIVIDUAL WHO VIOLATES SECTION 16 3802(A)(1) WHERE THERE WAS AN ACCIDENT RESULTING IN BODILY 17 INJURY, SERIOUS BODILY INJURY OR DEATH OF ANY PERSON OR IN 18 DAMAGE TO A VEHICLE OR OTHER PROPERTY OR WHO VIOLATES SECTION 19 3802(B), (E) OR (F) SHALL BE SENTENCED AS FOLLOWS: 20 (1) FOR A FIRST OFFENSE, TO: 21 (I) UNDERGO IMPRISONMENT OF NOT LESS THAN 72 22 CONSECUTIVE HOURS NOR MORE THAN SIX MONTHS; 23 (II) PAY A FINE OF NOT LESS THAN $500 NOR MORE THAN 24 $5,000; 25 (III) ATTEND AN ALCOHOL HIGHWAY SAFETY SCHOOL 26 APPROVED BY THE DEPARTMENT; AND 27 (IV) COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT 28 REQUIREMENTS IMPOSED UNDER SECTIONS 3814 AND 3815. 29 (2) FOR A SECOND OFFENSE, TO: 30 (I) UNDERGO IMPRISONMENT OF NOT LESS THAN 30 DAYS 20030S0008B1078 - 190 -
1 NOR MORE THAN SIX MONTHS; 2 (II) PAY A FINE OF NOT LESS THAN $750 NOR MORE THAN 3 $5,000; 4 (III) ATTEND AN ALCOHOL HIGHWAY SAFETY SCHOOL 5 APPROVED BY THE DEPARTMENT; AND 6 (IV) COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT 7 REQUIREMENTS IMPOSED UNDER SECTIONS 3814 AND 3815. 8 (3) FOR A THIRD OFFENSE, TO: 9 (I) UNDERGO IMPRISONMENT OF NOT LESS THAN 120 DAYS 10 NOR MORE THAN FIVE YEARS; 11 (II) PAY A FINE OF NOT LESS THAN $1,500 NOR MORE 12 THAN $10,000; AND 13 (III) COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT 14 REQUIREMENTS IMPOSED UNDER SECTIONS 3814 AND 3815. 15 (4) FOR A FOURTH OR SUBSEQUENT OFFENSE, TO: 16 (I) UNDERGO IMPRISONMENT OF NOT LESS THAN ONE YEAR 17 NOR MORE THAN FIVE YEARS; 18 (II) PAY A FINE OF NOT LESS THAN $1,500 NOR MORE 19 THAN $10,000; AND 20 (III) COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT 21 REQUIREMENTS IMPOSED UNDER SECTIONS 3814 AND 3815. 22 (C) INCAPACITY; HIGHEST BLOOD ALCOHOL; CONTROLLED 23 SUBSTANCES.--AN INDIVIDUAL WHO VIOLATES SECTION 3802(A)(1) AFTER 24 HAVING REFUSED TESTING OF BLOOD OR BREATH OR WHO VIOLATES 25 SECTION 3802(C) OR (D) SHALL BE SENTENCED AS FOLLOWS: 26 (1) FOR A FIRST OFFENSE, TO: 27 (I) UNDERGO IMPRISONMENT OF NOT LESS THAN FIVE 28 CONSECUTIVE DAYS NOR MORE THAN SIX MONTHS; 29 (II) PAY A FINE OF NOT LESS THAN $1,000 NOR MORE 30 THAN $5,000; 20030S0008B1078 - 191 -
1 (III) ATTEND AN ALCOHOL HIGHWAY SAFETY SCHOOL 2 APPROVED BY THE DEPARTMENT; AND 3 (IV) COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT 4 REQUIREMENTS IMPOSED UNDER SECTIONS 3814 AND 3815. 5 (2) FOR A SECOND OFFENSE, TO: 6 (I) UNDERGO IMPRISONMENT OF NOT LESS THAN 90 DAYS 7 NOR MORE THAN FIVE YEARS; 8 (II) PAY A FINE OF NOT LESS THAN $1,500; 9 (III) ATTEND AN ALCOHOL HIGHWAY SAFETY SCHOOL 10 APPROVED BY THE DEPARTMENT; AND 11 (IV) COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT 12 REQUIREMENTS IMPOSED UNDER SECTIONS 3814 AND 3815. 13 (3) FOR A THIRD OR SUBSEQUENT OFFENSE, TO: 14 (I) UNDERGO IMPRISONMENT OF NOT LESS THAN ONE YEAR 15 NOR MORE THAN FIVE YEARS; 16 (II) PAY A FINE OF NOT LESS THAN $2,500; AND 17 (III) COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT 18 REQUIREMENTS IMPOSED UNDER SECTIONS 3814 AND 3815. 19 (D) EXTENDED SUPERVISION OF COURT.--WHERE A PERSON IS 20 SENTENCED PURSUANT TO THIS CHAPTER AND FOLLOWING THE INITIAL 21 ASSESSMENT REQUIRED BY SECTION 3814(1), THE PERSON IS DETERMINED 22 TO BE IN NEED OF ADDITIONAL TREATMENT PURSUANT TO SECTION 23 3814(2), THE JUDGE SHALL IMPOSE A MINIMUM SENTENCE AS PROVIDED 24 BY LAW AND A MAXIMUM SENTENCE EQUAL TO THE STATUTORILY AVAILABLE 25 MAXIMUM. 26 (E) SUSPENSION OF OPERATING PRIVILEGES UPON CONVICTION.-- 27 (1) THE DEPARTMENT SHALL SUSPEND THE OPERATING PRIVILEGE 28 OF AN INDIVIDUAL UNDER PARAGRAPH (2) UPON RECEIVING A 29 CERTIFIED RECORD OF THE INDIVIDUAL'S CONVICTION OF OR AN 30 ADJUDICATION OF DELINQUENCY FOR: 20030S0008B1078 - 192 -
1 (I) AN OFFENSE UNDER SECTION 3802; OR 2 (II) A SUBSTANTIALLY SIMILAR OFFENSE REPORTED TO THE 3 DEPARTMENT UNDER ARTICLE III OF THE COMPACT IN SECTION 4 1581 (RELATING TO DRIVER'S LICENSE COMPACT). 5 (2) SUSPENSION UNDER PARAGRAPH (1)(I) SHALL BE IN 6 ACCORDANCE WITH THE FOLLOWING: 7 (I) EXCEPT AS PROVIDED FOR IN SUBPARAGRAPH (III), 12 8 MONTHS FOR AN UNGRADED MISDEMEANOR OR MISDEMEANOR OF THE 9 SECOND DEGREE UNDER THIS CHAPTER. 10 (II) 24 MONTHS FOR A MISDEMEANOR OF THE FIRST DEGREE 11 UNDER THIS CHAPTER. 12 (III) THERE SHALL BE NO SUSPENSION FOR AN UNGRADED 13 MISDEMEANOR UNDER SECTION 3802(A) WHERE THE PERSON IS 14 SUBJECT TO THE PENALTIES PROVIDED IN SUBSECTION (A) AND 15 THE PERSON HAS NO PRIOR OFFENSE. 16 (3) NOTWITHSTANDING ANY PROVISION OF LAW OR ENFORCEMENT 17 AGREEMENT TO THE CONTRARY, SUSPENSION IMPOSED UNDER PARAGRAPH 18 (1)(II) SHALL BE IN ACCORDANCE WITH CHAPTER 15, SUBCHAPTER D 19 (RELATING TO THE DRIVER'S LICENSE COMPACT). IN CALCULATING 20 THE TERM OF A SUSPENSION FOR AN OFFENSE THAT IS SUBSTANTIALLY 21 SIMILAR TO AN OFFENSE ENUMERATED IN SECTION 3802, THE 22 DEPARTMENT SHALL PRESUME THAT IF THE CONDUCT REPORTED HAD 23 OCCURRED IN THIS COMMONWEALTH THEN THE PERSON WOULD HAVE BEEN 24 CONVICTED UNDER SECTION 3802(A)(2). THE DEPARTMENT SHALL 25 SUSPEND THE OPERATING PRIVILEGE OF A DRIVER FOR SIX MONTHS 26 UPON RECEIVING A CERTIFIED RECORD OF A CONSENT DECREE GRANTED 27 UNDER 42 PA.C.S. CH. 63 (RELATING TO JUVENILE MATTERS) BASED 28 ON SECTION 3802. 29 (F) COMMUNITY SERVICE ASSIGNMENTS.--IN ADDITION TO THE 30 PENALTIES SET FORTH IN THIS SECTION, THE SENTENCING JUDGE MAY 20030S0008B1078 - 193 -
1 IMPOSE UP TO 150 HOURS OF COMMUNITY SERVICE. WHERE THE 2 INDIVIDUAL HAS BEEN ORDERED TO DRUG AND ALCOHOL TREATMENT 3 PURSUANT TO SECTIONS 3814 AND 3815, THE COMMUNITY SERVICE SHALL 4 BE CERTIFIED BY THE DRUG AND ALCOHOL TREATMENT PROGRAM AS 5 CONSISTENT WITH ANY DRUG AND ALCOHOL TREATMENT REQUIREMENTS 6 IMPOSED UNDER SECTIONS 3814 AND 3815. 7 (G) COURT-ORDERED IGNITION INTERLOCK.--IF THE PERSON HAS A 8 PRIOR OFFENSE AS DEFINED IN SECTION 3806(A), THE COURT SHALL 9 ORDER THE DEPARTMENT TO REQUIRE AN IGNITION INTERLOCK SYSTEM 10 UNDER SECTION 3805 (RELATING TO IGNITION INTERLOCK). 11 (H) SENTENCING GUIDELINES.--THE SENTENCING GUIDELINES 12 PROMULGATED BY THE PENNSYLVANIA COMMISSION ON SENTENCING SHALL 13 NOT SUPERSEDE THE MANDATORY PENALTIES OF THIS SECTION. 14 (I) APPEAL.--THE COMMONWEALTH HAS THE RIGHT TO APPEAL 15 DIRECTLY TO THE SUPERIOR COURT ANY ORDER OF COURT WHICH IMPOSES 16 A SENTENCE FOR VIOLATION OF THIS SECTION WHICH DOES NOT MEET THE 17 REQUIREMENTS OF THIS SECTION. THE SUPERIOR COURT SHALL REMAND 18 THE CASE TO THE SENTENCING COURT FOR IMPOSITION OF A SENTENCE IN 19 ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. 20 (J) FIRST CLASS CITIES.--NOTWITHSTANDING THE PROVISION FOR 21 DIRECT APPEAL TO THE SUPERIOR COURT, IF, IN A CITY OF THE FIRST 22 CLASS, A PERSON APPEALS FROM A JUDGMENT OF SENTENCE UNDER THIS 23 SECTION FROM THE MUNICIPAL COURT TO THE COMMON PLEAS COURT FOR A 24 TRIAL DE NOVO, THE COMMONWEALTH SHALL HAVE THE RIGHT TO APPEAL 25 DIRECTLY TO THE SUPERIOR COURT FROM THE ORDER OF THE COMMON 26 PLEAS COURT IF THE SENTENCE IMPOSED IS IN VIOLATION OF THIS 27 SECTION. IF, IN A CITY OF THE FIRST CLASS, A PERSON APPEALS TO 28 THE COURT OF COMMON PLEAS AFTER CONVICTION OF A VIOLATION OF 29 THIS SECTION IN THE MUNICIPAL COURT AND THEREAFTER WITHDRAWS HIS 30 APPEAL TO THE COMMON PLEAS COURT, THEREBY REINSTATING THE 20030S0008B1078 - 194 -
1 JUDGMENT OF SENTENCE OF THE MUNICIPAL COURT, THE COMMONWEALTH 2 SHALL HAVE 30 DAYS FROM THE DATE OF THE WITHDRAWAL TO APPEAL TO 3 THE SUPERIOR COURT IF THE SENTENCE IS IN VIOLATION OF THIS 4 SECTION. 5 (K) ADDITIONAL CONDITIONS.--IN ADDITION TO ANY OTHER PENALTY 6 IMPOSED UNDER LAW, THE COURT MAY SENTENCE A PERSON WHO VIOLATES 7 SECTION 3802 TO ANY OTHER REQUIREMENT OR CONDITION CONSISTENT 8 WITH THE TREATMENT NEEDS OF THE PERSON, THE RESTORATION OF THE 9 VICTIM TO PRE-OFFENSE STATUS OR THE PROTECTION OF THE PUBLIC. 10 § 3805. IGNITION INTERLOCK. (RESERVED) 11 § 3806. PRIOR OFFENSES. 12 (A) GENERAL RULE.--EXCEPT AS SET FORTH IN SUBSECTION (B), 13 THE TERM "PRIOR OFFENSE" AS USED IN THIS CHAPTER SHALL MEAN A 14 CONVICTION, ADJUDICATION OF DELINQUENCY, JUVENILE CONSENT 15 DECREE, ACCEPTANCE OF ACCELERATED REHABILITATIVE DISPOSITION OR 16 OTHER FORM OF PRELIMINARY DISPOSITION BEFORE THE SENTENCING ON 17 THE PRESENT VIOLATION FOR ANY OF THE FOLLOWING: 18 (1) AN OFFENSE UNDER FORMER SECTION 3731 (RELATING TO 19 DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE); 20 (2) AN OFFENSE UNDER SECTION 3802 (RELATING TO DRIVING 21 UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE); 22 (3) AN OFFENSE SUBSTANTIALLY SIMILAR TO AN OFFENSE UNDER 23 PARAGRAPHS (1) OR (2) IN ANOTHER JURISDICTION; OR 24 (4) ANY COMBINATION OF THE OFFENSES SET FORTH IN 25 PARAGRAPHS (1), (2) OR (3). 26 (B) EXCEPTIONS.--FOR PURPOSES OF SECTION 3804 (RELATING TO 27 PENALTIES), THE CALCULATION OF PRIOR AND SUBSEQUENT OFFENSES 28 SHALL INCLUDE ANY CONVICTION, ADJUDICATION OF DELINQUENCY, 29 JUVENILE CONSENT DECREE, ACCEPTANCE OF ACCELERATED 30 REHABILITATIVE DISPOSITION OR OTHER FORM OF PRELIMINARY 20030S0008B1078 - 195 -
1 DISPOSITION WITHIN THE TEN YEARS BEFORE THE PRESENT VIOLATION 2 OCCURRED FOR ANY OF THE FOLLOWING: 3 (1) AN OFFENSE UNDER FORMER SECTION 3731; 4 (2) AN OFFENSE UNDER SECTION 3802; 5 (3) AN OFFENSE SUBSTANTIALLY SIMILAR TO AN OFFENSE UNDER 6 PARAGRAPH (1) OR (2) IN ANOTHER JURISDICTION; OR 7 (4) ANY COMBINATION OF THE OFFENSES SET FORTH IN 8 PARAGRAPH (1), (2) OR (3). 9 § 3807. ACCELERATED REHABILITATIVE DISPOSITION. 10 (A) ELIGIBILITY.-- 11 (1) EXCEPT AS SET FORTH IN PARAGRAPH (2), A DEFENDANT 12 CHARGED WITH A VIOLATION OF SECTION 3802 (RELATING TO DRIVING 13 UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE) MAY BE 14 CONSIDERED BY THE ATTORNEY FOR THE COMMONWEALTH FOR 15 PARTICIPATION IN AN ACCELERATED REHABILITATIVE DISPOSITION 16 PROGRAM IN A COUNTY IF THE PROGRAM INCLUDES THE MINIMUM 17 REQUIREMENTS CONTAINED IN THIS SECTION. 18 (2) THE ATTORNEY FOR THE COMMONWEALTH SHALL NOT SUBMIT A 19 CHARGE BROUGHT UNDER THIS CHAPTER FOR ACCELERATED 20 REHABILITATIVE DISPOSITION IF ANY OF THE FOLLOWING APPLY: 21 (I) THE DEFENDANT HAS BEEN FOUND GUILTY OF OR 22 ACCEPTED ACCELERATED REHABILITATIVE DISPOSITION OF A 23 CHARGE BROUGHT UNDER SECTION 3802 WITHIN TEN YEARS OF THE 24 DATE OF THE CURRENT OFFENSE UNLESS THE CHARGE WAS FOR AN 25 UNGRADED MISDEMEANOR UNDER SECTION 3802(A)(2) AND WAS THE 26 DEFENDANT'S FIRST OFFENSE UNDER SECTION 3802. 27 (II) AN ACCIDENT OCCURRED IN CONNECTION WITH THE 28 EVENTS SURROUNDING THE CURRENT OFFENSE AND AN INDIVIDUAL 29 OTHER THAN THE DEFENDANT WAS KILLED OR SUFFERED SERIOUS 30 BODILY INJURY AS A RESULT OF THE ACCIDENT. 20030S0008B1078 - 196 -
1 (III) THERE WAS A PASSENGER UNDER 14 YEARS OF AGE IN 2 THE VEHICLE THE DEFENDANT WAS OPERATING. 3 (B) EVALUATION AND TREATMENT.-- 4 (1) A DEFENDANT OFFERED ACCELERATED REHABILITATIVE 5 DISPOSITION FOR A VIOLATION OF SECTION 3802 IS, AS A 6 CONDITION OF PARTICIPATION IN THE PROGRAM, SUBJECT TO THE 7 FOLLOWING REQUIREMENTS IN ADDITION TO ANY OTHER CONDITIONS OF 8 PARTICIPATION IMPOSED BY THE COURT: 9 (I) THE DEFENDANT MUST ATTEND AND SUCCESSFULLY 10 COMPLETE AN ALCOHOL HIGHWAY SAFETY SCHOOL ESTABLISHED 11 UNDER SECTION 1549 (RELATING TO ESTABLISHMENT OF 12 SCHOOLS). A PARTICIPATING DEFENDANT SHALL BE GIVEN BOTH 13 ORAL AND WRITTEN NOTICE OF THE PROVISIONS OF SECTION 14 1543(B) (RELATING TO DRIVING WHILE OPERATING PRIVILEGE IS 15 SUSPENDED OR REVOKED). 16 (II) PRIOR TO RECEIVING ACCELERATED REHABILITATIVE 17 DISPOSITION OR OTHER PRELIMINARY DISPOSITION, THE 18 DEFENDANT MUST BE EVALUATED UNDER SECTION 3816(A) 19 (RELATING TO REQUIREMENTS FOR DRIVING UNDER INFLUENCE 20 OFFENDERS) TO DETERMINE THE EXTENT OF THE DEFENDANT'S 21 INVOLVEMENT WITH ALCOHOL OR OTHER DRUG AND TO ASSIST THE 22 COURT IN DETERMINING WHAT CONDITIONS OF ACCELERATED 23 REHABILITATIVE DISPOSITION WOULD BENEFIT THE DEFENDANT 24 AND THE PUBLIC. IF THE EVALUATION INDICATES THERE IS A 25 NEED FOR COUNSELING OR TREATMENT, THE DEFENDANT SHALL BE 26 SUBJECT TO A FULL ASSESSMENT FOR ALCOHOL AND DRUG 27 ADDICTION IN ACCORDANCE WITH THE PROVISIONS OF SECTION 28 3814(3) AND (4) (RELATING TO DRUG AND ALCOHOL 29 ASSESSMENTS). 30 (III) IF THE DEFENDANT IS ASSESSED UNDER 20030S0008B1078 - 197 -
1 SUBPARAGRAPH (II) TO BE IN NEED OF TREATMENT, THE 2 DEFENDANT MUST PARTICIPATE AND COOPERATE WITH A LICENSED 3 ALCOHOL OR DRUG ADDICTION TREATMENT PROGRAM. THE LEVEL 4 AND DURATION OF TREATMENT SHALL BE IN ACCORDANCE WITH THE 5 RECOMMENDATIONS WITH THE FULL ASSESSMENT. NOTHING IN THIS 6 SUBPARAGRAPH SHALL PREVENT A TREATMENT PROGRAM FROM 7 REFUSING TO ACCEPT A DEFENDANT IF THE PROGRAM 8 ADMINISTRATOR DEEMS THE DEFENDANT TO BE INAPPROPRIATE FOR 9 ADMISSION TO THE PROGRAM. A TREATMENT PROGRAM SHALL 10 RETAIN THE RIGHT TO IMMEDIATELY DISCHARGE INTO THE 11 CUSTODY OF THE PROBATION OFFICER AN OFFENDER WHO FAILS TO 12 COMPLY WITH PROGRAM RULES AND TREATMENT EXPECTATIONS OR 13 REFUSES TO CONSTRUCTIVELY ENGAGE IN THE TREATMENT 14 PROCESS. 15 (IV) THE DEFENDANT MUST REMAIN SUBJECT TO COURT 16 SUPERVISION FOR SIX MONTHS. 17 (V) THE DEFENDANT MUST MAKE RESTITUTION TO ANY 18 PERSON THAT INCURRED DETERMINABLE FINANCIAL LOSS AS A 19 RESULT OF THE DEFENDANT'S ACTIONS WHICH RESULTED IN THE 20 OFFENSE. RESTITUTION MUST BE SUBJECT TO COURT 21 SUPERVISION. 22 (VI) THE DEFENDANT MUST PAY THE REASONABLE COSTS OF 23 A MUNICIPAL CORPORATION IN CONNECTION WITH THE OFFENSE. 24 FEES IMPOSED UNDER THIS SUBPARAGRAPH SHALL BE DISTRIBUTED 25 TO THE AFFECTED MUNICIPAL CORPORATION. 26 (VII) THE DEFENDANT MUST PAY ANY OTHER FEE, 27 SURCHARGE OR COST REQUIRED BY LAW. EXCEPT AS SET FORTH IN 28 SUBPARAGRAPH (VI) OR (VIII), A FEE OR FINANCIAL CONDITION 29 IMPOSED BY A JUDGE AS A CONDITION OF ACCELERATED 30 REHABILITATIVE DISPOSITION OR ANY OTHER PRELIMINARY 20030S0008B1078 - 198 -
1 DISPOSITION OF ANY CHARGE UNDER THIS CHAPTER SHALL BE 2 DISTRIBUTED AS PROVIDED FOR IN 42 PA.C.S. §§ 3571 3 (RELATING TO COMMONWEALTH PORTION OF FINES, ETC.) AND 4 3573 (RELATING TO MUNICIPAL CORPORATION PORTION OF FINES, 5 ETC.). 6 (VIII) THE DEFENDANT MUST PAY THE COSTS OF 7 COMPLIANCE WITH SUBPARAGRAPHS (I), (II) AND (III). 8 (2) THE DEFENDANT SHALL BE SUBJECT TO A FULL ASSESSMENT 9 FOR ALCOHOL AND DRUG ADDICTION IF ANY OF THE FOLLOWING APPLY: 10 (I) THE EVALUATION UNDER PARAGRAPH (1)(II) INDICATES 11 A LIKELIHOOD THAT THE DEFENDANT IS ADDICTED TO ALCOHOL OR 12 OTHER DRUGS. 13 (II) THE DEFENDANT'S BLOOD ALCOHOL CONTENT AT THE 14 TIME OF THE OFFENSE WAS AT LEAST .16%. 15 (3) THE ASSESSMENT UNDER PARAGRAPH (2) SHALL BE 16 CONDUCTED BY ONE OF THE FOLLOWING: 17 (I) THE DEPARTMENT OF HEALTH OR ITS DESIGNEE. 18 (II) THE COUNTY AGENCY WITH RESPONSIBILITY FOR 19 COUNTY DRUG AND ALCOHOL PROGRAMS OR ITS DESIGNEE. 20 (III) THE CLINICAL PERSONNEL OF A FACILITY LICENSED 21 BY THE DEPARTMENT OF HEALTH FOR THE CONDUCT OF DRUG AND 22 ALCOHOL ADDICTION TREATMENT PROGRAMS. 23 (4) THE ASSESSMENT UNDER PARAGRAPH (2) SHALL CONSIDER 24 ISSUES OF PUBLIC SAFETY AND SHALL INCLUDE RECOMMENDATIONS FOR 25 ALL OF THE FOLLOWING: 26 (I) LENGTH OF STAY. 27 (II) LEVELS OF CARE. 28 (III) FOLLOW-UP CARE AND MONITORING. 29 (C) INSURANCE.-- 30 (1) THIS SUBSECTION SHALL ONLY APPLY TO A HEALTH 20030S0008B1078 - 199 -
1 INSURANCE, HEALTH MAINTENANCE ORGANIZATION OR OTHER HEALTH 2 PLAN REQUIRED TO PROVIDE BENEFITS UNDER SECTION 602-A OF THE 3 ACT OF MAY 17, 1921 (P.L.682, NO.284), KNOWN AS THE INSURANCE 4 COMPANY LAW OF 1921. 5 (2) IF AN INDIVIDUAL WHO IS A SUBSCRIBER TO A HEALTH 6 INSURANCE, HEALTH MAINTENANCE ORGANIZATION OR OTHER HEALTH 7 PLAN THAT IS DOING BUSINESS IN THIS COMMONWEALTH, THE 8 INDIVIDUAL MAY NOT BE DEPRIVED OF ALCOHOL AND OTHER DRUG 9 ABUSE AND ADDICTION TREATMENT OR COVERAGE WITHIN THE SCOPE OF 10 THAT PLAN DUE TO THE IDENTIFICATION OF AN ALCOHOL OR OTHER 11 DRUG PROBLEM WHICH OCCURS AS A RESULT OF AN ASSESSMENT UNDER 12 THIS SECTION. 13 (D) MANDATORY SUSPENSION OF OPERATING PRIVILEGES.--AS A 14 CONDITION OF PARTICIPATION IN AN ACCELERATED REHABILITATIVE 15 DISPOSITION PROGRAM, THE COURT SHALL ORDER THE DEFENDANT'S 16 LICENSE SUSPENDED AS FOLLOWS: 17 (1) THERE SHALL BE NO LICENSE SUSPENSION IF THE 18 DEFENDANT'S BLOOD ALCOHOL CONCENTRATION AT THE TIME OF 19 TESTING WAS LESS THAN .10%. 20 (2) FOR 30 DAYS, IF THE DEFENDANT'S BLOOD ALCOHOL 21 CONCENTRATION AT THE TIME OF TESTING WAS AT LEAST .10% BUT 22 LESS THAN .16%. 23 (3) FOR 60 DAYS, IF: 24 (I) THE DEFENDANT'S BLOOD ALCOHOL CONCENTRATION AT 25 THE TIME OF TESTING WAS .16% OR HIGHER; 26 (II) THE DEFENDANT'S BLOOD ALCOHOL CONCENTRATION IS 27 NOT KNOWN; OR 28 (III) AN ACCIDENT WHICH RESULTED IN BODILY INJURY OR 29 IN DAMAGE TO A VEHICLE OR OTHER PROPERTY OCCURRED IN 30 CONNECTION WITH THE EVENTS SURROUNDING THE CURRENT 20030S0008B1078 - 200 -
1 OFFENSE. 2 (E) FAILURE TO COMPLY.-- 3 (1) A DEFENDANT WHO FAILS TO COMPLETE ANY OF THE 4 CONDITIONS OF PARTICIPATION CONTAINED IN THIS SECTION SHALL 5 BE DEEMED TO HAVE UNSUCCESSFULLY PARTICIPATED IN AN 6 ACCELERATED REHABILITATIVE DISPOSITION PROGRAM, AND THE 7 CRIMINAL RECORD UNDERLYING PARTICIPATION IN THE PROGRAM SHALL 8 NOT BE EXPUNGED. 9 (2) THE COURT SHALL DIRECT THE ATTORNEY FOR THE 10 COMMONWEALTH TO PROCEED ON THE CHARGES AS PRESCRIBED IN THE 11 RULES OF CRIMINAL PROCEDURE IF THE DEFENDANT: 12 (I) FAILS TO MEET ANY OF THE REQUIREMENTS OF THIS 13 SECTION; 14 (II) IS CHARGED WITH OR COMMITS AN OFFENSE UNDER 18 15 PA.C.S (RELATING TO CRIMES AND OFFENSES); OR 16 (III) VIOLATES ANY OTHER CONDITION IMPOSED BY THE 17 COURT. 18 § 3808. ILLEGALLY OPERATING A MOTOR VEHICLE NOT EQUIPPED WITH 19 IGNITION INTERLOCK. 20 (A) OFFENSE DEFINED.-- 21 (1) AN INDIVIDUAL REQUIRED TO OPERATE ONLY A MOTOR 22 VEHICLE EQUIPPED WITH AN APPROVED IGNITION INTERLOCK SYSTEM 23 UNDER SECTION 1553(D.2) (RELATING TO OCCUPATIONAL LIMITED 24 LICENSE) OR 3805 (RELATING TO IGNITION INTERLOCK) WHO 25 OPERATES A MOTOR VEHICLE ON A HIGHWAY OF THIS COMMONWEALTH 26 WITHOUT SUCH A SYSTEM COMMITS A SUMMARY OFFENSE AND SHALL, 27 UPON CONVICTION, BE SENTENCED TO PAY A FINE OF NOT LESS THAN 28 $300 AND NOT MORE THAN $1,000 AND TO IMPRISONMENT FOR NOT 29 MORE THAN 90 DAYS. 30 (2) AN INDIVIDUAL REQUIRED TO OPERATE ONLY A MOTOR 20030S0008B1078 - 201 -
1 VEHICLE EQUIPPED WITH AN IGNITION INTERLOCK SYSTEM UNDER 2 SECTION 1553(D.2) OR 3805 WHO OPERATES A MOTOR VEHICLE ON A 3 HIGHWAY OF THIS COMMONWEALTH WITHOUT SUCH A SYSTEM AND WHO 4 HAS AN AMOUNT OF ALCOHOL BY WEIGHT IN HIS BLOOD THAT IS EQUAL 5 TO OR GREATER THAN .02% OR WHO HAS ANY AMOUNT OF A SCHEDULE 6 I, II OR III CONTROLLED SUBSTANCE, AS DEFINED IN THE IN THE 7 ACT OF APRIL 14, 1972 (P.L.233, NO.64), KNOWN AS THE 8 CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT, OR ITS 9 METABOLITE, WHICH HAS NOT BEEN MEDICALLY PRESCRIBED FOR THE 10 INDIVIDUAL COMMITS A SUMMARY OFFENSE AND SHALL, UPON 11 CONVICTION, BE SENTENCED TO PAY A FINE OF $1,000 AND TO 12 UNDERGO IMPRISONMENT FOR A PERIOD OF NOT LESS THAN 90 DAYS. 13 (B) TAMPERING WITH AN INTERLOCK SYSTEM.--A PERSON THAT 14 TAMPERS WITH AN IGNITION INTERLOCK SYSTEM REQUIRED BY LAW 15 COMMITS A SUMMARY OFFENSE AND SHALL, UPON CONVICTION, BE 16 SENTENCED TO PAY A FINE OF NOT LESS THAN $300 NOR MORE THAN 17 $1,000 AND TO UNDERGO IMPRISONMENT FOR NOT MORE THAN 90 DAYS. 18 THE TERM "TAMPERING" IN ADDITION TO ANY PHYSICAL ACT WHICH IS 19 INTENDED TO ALTER OR INTERFERE WITH THE PROPER FUNCTIONING OF AN 20 IGNITION INTERLOCK DEVICE REQUIRED BY LAW SHALL INCLUDE 21 ATTEMPTING TO CIRCUMVENT OR BYPASS OR CIRCUMVENTING OR BYPASSING 22 AN IGNITION INTERLOCK DEVICE BY: 23 (1) MEANS OF USING ANOTHER INDIVIDUAL TO PROVIDE A 24 BREATH SAMPLE; OR 25 (2) PROVIDING A BREATH SAMPLE FOR THE PURPOSE OF 26 BYPASSING AN IGNITION INTERLOCK DEVICE REQUIRED BY LAW. 27 (C) REVOCATION OF OPERATING PRIVILEGE.--UPON RECEIVING A 28 CERTIFIED RECORD OF THE CONVICTION OF AN INDIVIDUAL UNDER THIS 29 SECTION, THE DEPARTMENT SHALL REVOKE THE INDIVIDUAL'S OPERATING 30 PRIVILEGE FOR A PERIOD OF ONE YEAR. 20030S0008B1078 - 202 -
1 § 3809. RESTRICTION ON ALCOHOLIC BEVERAGES. 2 (A) GENERAL RULE.--EXCEPT AS SET FORTH IN SUBSECTION (B), AN 3 INDIVIDUAL WHO IS AN OPERATOR OR AN OCCUPANT IN A MOTOR VEHICLE 4 MAY NOT BE IN POSSESSION OF AN OPEN ALCOHOLIC BEVERAGE CONTAINER 5 OR CONSUME A CONTROLLED SUBSTANCE AS DEFINED IN THE ACT OF APRIL 6 14, 1972 (P.L.233, NO.64), KNOWN AS THE CONTROLLED SUBSTANCE, 7 DRUG, DEVICE AND COSMETIC ACT, OR AN ALCOHOLIC BEVERAGE IN A 8 MOTOR VEHICLE WHILE THE MOTOR VEHICLE IS LOCATED ON A HIGHWAY IN 9 THIS COMMONWEALTH. 10 (B) EXCEPTION.--THIS SECTION DOES NOT PROHIBIT POSSESSION OR 11 CONSUMPTION BY ANY OF THE FOLLOWING: 12 (1) A PASSENGER IN THE PASSENGER AREA OF A MOTOR VEHICLE 13 DESIGNED, MAINTAINED OR USED PRIMARILY FOR THE LAWFUL 14 TRANSPORTATION OF PERSONS FOR COMPENSATION. THIS PARAGRAPH 15 INCLUDES BUSES, TAXIS AND LIMOUSINES. 16 (2) AN INDIVIDUAL IN THE LIVING QUARTERS OF A HOUSE 17 COACH OR HOUSE TRAILER. 18 (C) PENALTY.--AN INDIVIDUAL WHO VIOLATES THIS SECTION 19 COMMITS A SUMMARY OFFENSE. 20 § 3810. AUTHORIZED USE NOT A DEFENSE. 21 THE FACT THAT A PERSON CHARGED WITH VIOLATING THIS CHAPTER IS 22 OR HAS BEEN LEGALLY ENTITLED TO USE ALCOHOL OR CONTROLLED 23 SUBSTANCES IS NOT A DEFENSE TO A CHARGE OF VIOLATING THIS 24 CHAPTER. 25 § 3811. CERTAIN ARRESTS AUTHORIZED. 26 (A) WARRANT NOT REQUIRED.--IN ADDITION TO ANY OTHER POWERS 27 OF ARREST, A POLICE OFFICER IS AUTHORIZED TO ARREST AN 28 INDIVIDUAL WITHOUT A WARRANT IF THE OFFICER HAS PROBABLE CAUSE 29 TO BELIEVE THAT THE INDIVIDUAL HAS VIOLATED SECTION 3802 30 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED 20030S0008B1078 - 203 -
1 SUBSTANCE), REGARDLESS OF WHETHER THE ALLEGED VIOLATION WAS 2 COMMITTED IN THE PRESENCE OF THE POLICE OFFICER. 3 (B) TERRITORY.--THE AUTHORITY UNDER SUBSECTION (A) EXTENDS 4 TO ANY HOSPITAL OR OTHER MEDICAL TREATMENT FACILITY LOCATED 5 BEYOND THE TERRITORIAL LIMITS OF THE POLICE OFFICER'S POLITICAL 6 SUBDIVISION AT WHICH AN INDIVIDUAL TO BE ARRESTED IS FOUND OR 7 WAS TAKEN OR REMOVED FOR PURPOSES OF EMERGENCY TREATMENT, 8 EXAMINATION OR EVALUATION AS LONG AS THERE IS PROBABLE CAUSE TO 9 BELIEVE THAT THE VIOLATION OF SECTION 3802 OCCURRED WITHIN THE 10 POLICE OFFICER'S POLITICAL SUBDIVISION. 11 § 3812. PRELIMINARY HEARING OR ARRAIGNMENT. 12 THE PRESIDING JUDICIAL OFFICER AT THE PRELIMINARY HEARING OR 13 PRELIMINARY ARRAIGNMENT RELATING TO A CHARGE OF A VIOLATION OF 14 SECTION 3802 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR 15 CONTROLLED SUBSTANCE) SHALL NOT REDUCE OR MODIFY THE ORIGINAL 16 CHARGES WITHOUT THE CONSENT OF THE ATTORNEY FOR THE 17 COMMONWEALTH. 18 § 3813. WORK RELEASE. 19 IN ANY CASE IN WHICH AN INDIVIDUAL IS SENTENCED TO A PERIOD 20 OF IMPRISONMENT AS A RESULT OF A CONVICTION FOR VIOLATING A 21 PROVISION OF THIS CHAPTER, THE JUDICIAL OFFICER IMPOSING THE 22 SENTENCE SHALL CONSIDER ASSIGNING THAT INDIVIDUAL TO A DAYTIME 23 WORK RELEASE PROGRAM. ANY WORK RELEASE PROGRAM PERMITTED UNDER 24 THIS SECTION SHALL BE CERTIFIED BY THE DRUG AND ALCOHOL 25 TREATMENT PROGRAM ADMINISTRATION AS BEING CONSISTENT WITH ANY 26 DRUG AND ALCOHOL TREATMENT REQUIREMENTS IMPOSED UNDER SECTION 27 3814 (RELATING TO DRUG AND ALCOHOL ASSESSMENTS). 28 § 3814. DRUG AND ALCOHOL ASSESSMENTS. 29 IF A DEFENDANT IS CONVICTED OR PLEADS GUILTY OR NO CONTEST TO 30 A VIOLATION OF SECTION 3802 (RELATING TO DRIVING UNDER INFLUENCE 20030S0008B1078 - 204 -
1 OF ALCOHOL OR CONTROLLED SUBSTANCE), THE FOLLOWING APPLY PRIOR 2 TO SENTENCING: 3 (1) THE DEFENDANT SHALL BE EVALUATED UNDER SECTION 4 3816(A) (RELATING TO REQUIREMENTS FOR DRIVING UNDER INFLUENCE 5 OFFENDERS) AND ANY OTHER ADDITIONAL EVALUATION TECHNIQUES 6 DEEMED APPROPRIATE BY THE COURT TO DETERMINE THE EXTENT OF 7 THE DEFENDANT'S INVOLVEMENT WITH ALCOHOL OR OTHER DRUG AND TO 8 ASSIST THE COURT IN DETERMINING WHAT TYPE OF SENTENCE WOULD 9 BENEFIT THE DEFENDANT AND THE PUBLIC. 10 (2) THE DEFENDANT SHALL BE SUBJECT TO A FULL ASSESSMENT 11 FOR ALCOHOL AND DRUG ADDICTION IF ANY OF THE FOLLOWING 12 SUBPARAGRAPHS APPLY: 13 (I) THE DEFENDANT, WITHIN TEN YEARS PRIOR TO THE 14 OFFENSE FOR WHICH SENTENCE IS BEING IMPOSED, HAS BEEN 15 SENTENCED FOR AN OFFENSE UNDER: 16 (A) FORMER SECTION 3731 (RELATING TO DRIVING 17 UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE); 18 (B) SECTION 3802; OR 19 (C) AN EQUIVALENT OFFENSE IN ANOTHER 20 JURISDICTION. 21 (II) EITHER: 22 (A) THE EVALUATION UNDER PARAGRAPH (1) INDICATES 23 THERE IS A NEED FOR COUNSELING OR TREATMENT; OR 24 (B) THE DEFENDANT'S BLOOD ALCOHOL CONTENT AT THE 25 TIME OF THE OFFENSE WAS AT LEAST .16%. 26 (3) THE ASSESSMENT UNDER PARAGRAPH (2) SHALL BE 27 CONDUCTED BY ONE OF THE FOLLOWING: 28 (I) THE DEPARTMENT OF HEALTH OR ITS DESIGNEE. 29 (II) THE COUNTY AGENCY WITH RESPONSIBILITY FOR 30 COUNTY DRUG AND ALCOHOL PROGRAMS OR ITS DESIGNEE. 20030S0008B1078 - 205 -
1 (III) THE CLINICAL PERSONNEL OF A FACILITY LICENSED 2 BY THE DEPARTMENT OF HEALTH FOR THE CONDUCT OF DRUG AND 3 ALCOHOL ADDICTION TREATMENT PROGRAMS. 4 (4) THE ASSESSMENT UNDER PARAGRAPH (2) SHALL CONSIDER 5 ISSUES OF PUBLIC SAFETY AND SHALL INCLUDE RECOMMENDATIONS FOR 6 ALL OF THE FOLLOWING: 7 (I) LENGTH OF STAY. 8 (II) LEVELS OF CARE. 9 (III) FOLLOW-UP CARE AND MONITORING. 10 § 3815. MANDATORY SENTENCING. 11 (A) COUNTY SUPERVISION.--NOTWITHSTANDING THE LENGTH OF ANY 12 MAXIMUM TERM OF IMPRISONMENT REQUIRED BY SECTION 3804 (RELATING 13 TO PENALTIES), THE SENTENCING JUDGE MAY SUBJECT THE OFFENDER TO 14 THE SUPERVISION OF THE COUNTY PAROLE SYSTEM. 15 (B) PAROLE.-- 16 (1) AN OFFENDER WHO IS DETERMINED PURSUANT TO SECTION 17 3814 (RELATING TO DRUG AND ALCOHOL ASSESSMENTS) TO BE IN NEED 18 OF DRUG AND ALCOHOL TREATMENT SHALL BE ELIGIBLE FOR PAROLE IN 19 ACCORDANCE WITH THE TERMS AND CONDITIONS PRESCRIBED IN THIS 20 SECTION FOLLOWING THE EXPIRATION OF THE OFFENDER'S MANDATORY 21 MINIMUM TERM OF IMPRISONMENT. 22 (2) THE FOLLOWING SHALL BE CONDITIONS OF PAROLE: 23 (I) IF THE OFFENDER IS NOT DETERMINED UNDER THE 24 PROCEDURES SET FORTH IN SECTION 3814 TO BE ADDICTED TO 25 ALCOHOL OR ANOTHER SUBSTANCE, THE OFFENDER MUST REFRAIN 26 FROM: 27 (A) THE USE OF ILLEGAL CONTROLLED SUBSTANCES; 28 AND 29 (B) THE ABUSE OF PRESCRIPTION DRUGS, OVER-THE- 30 COUNTER DRUGS OR ANY OTHER SUBSTANCES. 20030S0008B1078 - 206 -
1 (II) IF THE OFFENDER IS DETERMINED UNDER THE 2 PROCEDURES SET FORTH IN SECTION 3814 TO BE ADDICTED TO 3 ALCOHOL OR ANOTHER SUBSTANCE, THE OFFENDER MUST DO ALL OF 4 THE FOLLOWING: 5 (A) REFRAIN FROM: 6 (I) THE USE OF ALCOHOL OR ILLEGAL CONTROLLED 7 SUBSTANCES; AND 8 (II) THE ABUSE OF PRESCRIPTION DRUGS, OVER- 9 THE-COUNTER DRUGS OR ANY OTHER SUBSTANCES. 10 (B) PARTICIPATE IN AND COOPERATE WITH DRUG AND 11 ALCOHOL ADDICTION TREATMENT UNDER SUBSECTION (C). 12 (C) TREATMENT.-- 13 (1) TREATMENT MUST CONFORM TO ASSESSMENT RECOMMENDATIONS 14 MADE UNDER SECTION 3814. 15 (2) TREATMENT MUST BE CONDUCTED BY A DRUG AND ALCOHOL 16 ADDICTION TREATMENT PROGRAM LICENSED BY THE DEPARTMENT OF 17 HEALTH. 18 (3) THE TREATMENT PROGRAM SHALL REPORT PERIODICALLY TO 19 THE ASSIGNED PAROLE OFFICER ON THE OFFENDER'S PROGRESS IN THE 20 TREATMENT PROGRAM. THE TREATMENT PROGRAM SHALL PROMPTLY 21 NOTIFY THE PAROLE OFFICER IF THE OFFENDER: 22 (I) FAILS TO COMPLY WITH PROGRAM RULES AND TREATMENT 23 EXPECTATIONS; 24 (II) REFUSES TO CONSTRUCTIVELY ENGAGE IN THE 25 TREATMENT PROCESS; OR 26 (III) WITHOUT AUTHORIZATION TERMINATES PARTICIPATION 27 IN THE TREATMENT PROGRAM. 28 (4) UPON NOTIFICATION UNDER PARAGRAPH (3), THE PAROLE 29 OFFICER SHALL REPORT THE OFFENDER'S ACTIONS TO THE PAROLE 30 AUTHORITY AND TO THE DEPARTMENT FOR COMPLIANCE WITH SECTION 20030S0008B1078 - 207 -
1 1553(E) (RELATING TO OCCUPATIONAL LIMITED LICENSE). THE 2 PAROLE AUTHORITY SHALL SCHEDULE A REVOCATION HEARING TO 3 CONSIDER RECOMMENDATIONS OF THE PAROLE OFFICER AND THE 4 TREATMENT PROGRAM. 5 (5) NOTHING IN THIS SUBSECTION SHALL PREVENT A TREATMENT 6 PROGRAM FROM REFUSING TO ACCEPT AN OFFENDER IF THE PROGRAM 7 ADMINISTRATOR DEEMS THE OFFENDER TO BE INAPPROPRIATE FOR 8 ADMISSION TO THE PROGRAM. A TREATMENT PROGRAM SHALL RETAIN 9 THE RIGHT TO IMMEDIATELY DISCHARGE INTO THE CUSTODY OF THE 10 ASSIGNED PAROLE OFFICER AN OFFENDER WHO FAILS TO COMPLY WITH 11 PROGRAM RULES AND TREATMENT EXPECTATIONS OR REFUSES TO 12 CONSTRUCTIVELY ENGAGE IN THE TREATMENT PROCESS. 13 (D) ENFORCEMENT.-- 14 (1) THIS SUBSECTION APPLIES TO AN OFFENDER ORDERED TO 15 PARTICIPATE IN A TREATMENT PROGRAM UNDER SUBSECTION 16 (B)(2)(II) WHO: 17 (I) FAILS TO COMPLY WITH PROGRAM RULES AND TREATMENT 18 EXPECTATIONS; 19 (II) REFUSES TO CONSTRUCTIVELY ENGAGE IN THE 20 TREATMENT PROCESS; OR 21 (III) TERMINATES PARTICIPATION IN THE TREATMENT 22 PROGRAM WITHOUT AUTHORIZATION. 23 (2) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ALL OF 24 THE FOLLOWING APPLY TO AN OFFENDER UNDER PARAGRAPH (1): 25 (I) THE OFFENDER'S PAROLE, PRERELEASE, WORK RELEASE 26 OR ANY OTHER RELEASE STATUS SHALL BE REVOKED. 27 (II) THE OFFENDER SHALL BE INELIGIBLE FOR PAROLE, 28 PRERELEASE, WORK RELEASE OR ANY OTHER RELEASE FROM THE 29 CORRECTIONAL FACILITY PRIOR TO THE EXPIRATION OF THE 30 OFFENDER'S MAXIMUM TERM UNLESS THE OFFENDER IS PERMITTED 20030S0008B1078 - 208 -
1 TO BE READMITTED TO A TREATMENT PROGRAM. 2 (3) NOTHING IN THIS SUBSECTION SHALL BE CONSTRUED TO 3 GRANT A LEGAL RIGHT TO PAROLE TO AN OFFENDER PREVIOUSLY 4 INELIGIBLE FOR PAROLE, ON THE GROUNDS THAT THE OFFENDER IS 5 CURRENTLY PREPARED TO PARTICIPATE IN, COMPLY WITH AND 6 CONSTRUCTIVELY ENGAGE IN THE TREATMENT PROCESS. UNDER SUCH 7 CIRCUMSTANCES, PAROLE OR REPAROLE OF THE OFFENDER SHALL BE AT 8 THE PAROLE AUTHORITY'S DISCRETION. 9 (E) FOLLOW-UP.--AFTER AN OFFENDER HAS COMPLETED THE 10 TREATMENT PROGRAM UNDER SUBSECTION (C), THE PAROLE OFFICER SHALL 11 TAKE REASONABLE STEPS TO ENSURE THAT THE OFFENDER DOES NOT ABUSE 12 ALCOHOL, USE ILLEGAL CONTROLLED SUBSTANCES OR ABUSE PRESCRIPTION 13 DRUGS, OVER-THE-COUNTER DRUGS OR ANY OTHER SUCH SUBSTANCES. 14 THESE REASONABLE STEPS INCLUDE REQUIRING CHEMICAL TESTING AND 15 PERIODIC REASSESSMENT OF THE OFFENDER BY THE TREATMENT PROGRAM. 16 (F) FEES.-- 17 (1) EXCEPT AS SET FORTH IN PARAGRAPH (2), THE PAROLE 18 AUTHORITY SHALL IMPOSE UPON AN OFFENDER SUBJECT TO THIS 19 SECTION REASONABLE FEES TO COVER THE COST OF ANY OF THE 20 FOLLOWING: 21 (I) CHEMICAL TESTING OF THE OFFENDER REQUIRED UNDER 22 THIS SECTION. 23 (II) AN ASSESSMENT OF THE OFFENDER REQUIRED UNDER 24 THIS SECTION. 25 (III) DRUG OR ALCOHOL TREATMENT PROVIDED IN 26 ACCORDANCE WITH THE ASSESSMENT. 27 (2) IF THE PAROLE AUTHORITY FINDS THE OFFENDER TO BE 28 UNABLE TO PAY THE FULL AMOUNT OF THE FEES REQUIRED BY 29 PARAGRAPH (1) AND SECTION 1541(D) (RELATING TO PERIOD OF 30 DISQUALIFICATION, REVOCATION OR SUSPENSION OF OPERATING 20030S0008B1078 - 209 -
1 PRIVILEGE), IT SHALL REQUIRE THE OFFENDER TO PAY AS MUCH OF 2 THE FEE AS IS CONSISTENT WITH THE OFFENDER'S ABILITY TO PAY 3 AND SHALL DIRECT THE ASSIGNED PAROLE OFFICER TO ESTABLISH A 4 REASONABLE PAYMENT SCHEDULE FOR THE OFFENDER TO PAY AS MUCH 5 OF THE REMAINING FEES AS IS CONSISTENT WITH THE OFFENDER'S 6 ABILITY TO PAY. 7 (G) INSURANCE.-- 8 (1) THIS SUBSECTION SHALL ONLY APPLY TO A HEALTH 9 INSURANCE, HEALTH MAINTENANCE ORGANIZATION OR OTHER HEALTH 10 PLAN REQUIRED TO PROVIDE BENEFITS UNDER SECTION 602-A OF THE 11 ACT OF MAY 17, 1921 (P.L.682, NO.284), KNOWN AS THE INSURANCE 12 COMPANY LAW OF 1921. 13 (2) IF AN INDIVIDUAL WHO IS A SUBSCRIBER TO A HEALTH 14 INSURANCE, HEALTH MAINTENANCE ORGANIZATION OR OTHER HEALTH 15 PLAN THAT IS DOING BUSINESS IN THIS COMMONWEALTH, THE 16 INDIVIDUAL MAY NOT BE DEPRIVED OF ALCOHOL AND OTHER DRUG 17 ABUSE AND ADDICTION TREATMENT OR COVERAGE WITHIN THE SCOPE OF 18 THAT PLAN DUE TO THE IDENTIFICATION OF AN ALCOHOL OR OTHER 19 DRUG PROBLEM WHICH OCCURS AS A RESULT OF AN ASSESSMENT UNDER 20 THIS SECTION. 21 (H) ADDITIONAL FUNDING.--IN ORDER TO SUPPORT AND AUGMENT THE 22 DIAGNOSTIC ASSESSMENT AND TREATMENT SERVICES PROVIDED UNDER THIS 23 SECTION, THE DEPARTMENT OF HEALTH, THE DEPARTMENT AND THE 24 PENNSYLVANIA COMMISSION ON CRIME AND DELINQUENCY SHALL SEEK ALL 25 AVAILABLE FEDERAL FUNDING, INCLUDING FUNDS AVAILABLE THROUGH THE 26 UNITED STATES NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION AND 27 THE DEPARTMENT OF HEALTH AND HUMAN SERVICES. 28 § 3816. REQUIREMENTS FOR DRIVING UNDER INFLUENCE OFFENDERS. 29 (A) EVALUATION USING COURT REPORTING NETWORK.--IN ADDITION 30 TO ANY OTHER REQUIREMENTS OF THE COURT, EVERY PERSON CONVICTED 20030S0008B1078 - 210 -
1 OF A VIOLATION OF SECTION 3802 (RELATING TO DRIVING UNDER 2 INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE) AND EVERY PERSON 3 OFFERED ACCELERATED REHABILITATIVE DISPOSITION AS A RESULT OF A 4 CHARGE OF A VIOLATION OF SECTION 3802 SHALL, PRIOR TO SENTENCING 5 OR RECEIVING ACCELERATED REHABILITATIVE DISPOSITION OR OTHER 6 PRELIMINARY DISPOSITION, BE EVALUATED USING COURT REPORTING 7 NETWORK INSTRUMENTS ISSUED BY THE DEPARTMENT AND ANY OTHER 8 ADDITIONAL EVALUATION TECHNIQUES DEEMED APPROPRIATE BY THE COURT 9 TO DETERMINE THE EXTENT OF THE PERSON'S INVOLVEMENT WITH ALCOHOL 10 OR CONTROLLED SUBSTANCES AND TO ASSIST THE COURT IN DETERMINING 11 WHAT SENTENCING, PROBATION OR CONDITIONS OF ACCELERATED 12 REHABILITATIVE DISPOSITION WOULD BENEFIT THE PERSON OR THE 13 PUBLIC. 14 (B) COURT-ORDERED INTERVENTION OR TREATMENT.--A RECORD SHALL 15 BE SUBMITTED TO THE DEPARTMENT AS TO WHETHER THE COURT DID OR 16 DID NOT ORDER A DEFENDANT TO ATTEND DRUG AND ALCOHOL TREATMENT 17 PURSUANT TO THE REQUIREMENTS OF SECTIONS 3804 (RELATING TO 18 PENALTIES), 3814 (RELATING TO DRUG AND ALCOHOL ASSESSMENTS) AND 19 3815 (RELATING TO MANDATORY SENTENCING). IF THE COURT ORDERS 20 TREATMENT, A REPORT SHALL BE FORWARDED TO THE DEPARTMENT AS TO 21 WHETHER THE DEFENDANT SUCCESSFULLY COMPLETED THE PROGRAM. IF A 22 DEFENDANT FAILS TO SUCCESSFULLY COMPLETE A PROGRAM OF TREATMENT 23 AS ORDERED BY THE COURT, THE SUSPENSION SHALL REMAIN IN EFFECT 24 UNTIL THE DEPARTMENT IS NOTIFIED BY THE COURT THAT THE DEFENDANT 25 HAS SUCCESSFULLY COMPLETED TREATMENT AND THE DEFENDANT IS 26 OTHERWISE ELIGIBLE FOR RESTORATION OF HIS OPERATING PRIVILEGE. 27 IN ORDER TO IMPLEMENT THE RECORDKEEPING REQUIREMENTS OF THIS 28 SECTION, THE DEPARTMENT AND THE COURT SHALL WORK TOGETHER TO 29 EXCHANGE PERTINENT INFORMATION ABOUT A DEFENDANT'S CASE, 30 INCLUDING ATTENDANCE AND COMPLETION OF TREATMENT OR FAILURE TO 20030S0008B1078 - 211 -
1 COMPLETE TREATMENT. 2 § 3817. REPORTING REQUIREMENTS FOR OFFENSES. 3 (A) REQUIREMENT.--THE DEPARTMENT SHALL MAKE AN ANNUAL REPORT 4 ON THE ADMINISTRATION OF THIS CHAPTER. THE DEPARTMENT, THE 5 COURTS AND THE PENNSYLVANIA SENTENCING COMMISSION SHALL WORK 6 TOGETHER TO EXCHANGE PERTINENT INFORMATION NECESSARY TO COMPLETE 7 THIS REPORT. 8 (B) CONTENTS.--THE REPORT SHALL INCLUDE: 9 (1) THE NUMBER OF OFFENDERS. 10 (2) THE NUMBER OF OFFENDERS SUBJECT TO SECTION 3815 11 (RELATING TO MANDATORY SENTENCING). 12 (3) THE NUMBER OF OFFENDERS SENT TO TREATMENT FOR 13 ALCOHOL AND DRUG PROBLEMS AND ADDICTION. 14 (4) THE NAMES OF THE TREATMENT FACILITIES PROVIDING 15 TREATMENT AND THE LEVEL OF CARE AND LENGTH OF STAY IN 16 TREATMENT. 17 (5) THE NUMBER OF OFFENDERS SUCCESSFULLY COMPLETING 18 TREATMENT. 19 (6) THE NUMBER OF SUSPENDED LICENSES RETURNED AFTER 20 COMPLETION OF TREATMENT. 21 (7) THE NUMBER OF FIRST, SECOND, THIRD AND SUBSEQUENT 22 OFFENDERS. 23 (C) RECIPIENTS.--THE ANNUAL REPORT SHALL BE SUBMITTED TO THE 24 JUDICIARY COMMITTEE, PUBLIC HEALTH AND WELFARE COMMITTEE AND 25 TRANSPORTATION COMMITTEE OF THE SENATE; THE HEALTH AND HUMAN 26 SERVICES COMMITTEE, JUDICIARY COMMITTEE AND TRANSPORTATION 27 COMMITTEE OF THE HOUSE OF REPRESENTATIVES; AND THE BUREAU OF 28 DRUG AND ALCOHOL PROGRAMS. THE REPORT SHALL BE MADE AVAILABLE TO 29 THE PUBLIC. 30 SECTION 17. SECTIONS 6308(B) AND 6506(A)(7) OF TITLE 75 ARE 20030S0008B1078 - 212 -
1 AMENDED TO READ: 2 § 6308. INVESTIGATION BY POLICE OFFICERS. 3 * * * 4 (B) AUTHORITY OF POLICE OFFICER.--WHENEVER A POLICE OFFICER 5 IS ENGAGED IN A SYSTEMATIC PROGRAM OF CHECKING VEHICLES OR 6 DRIVERS OR HAS [ARTICULABLE AND REASONABLE GROUNDS TO SUSPECT A 7 VIOLATION OF THIS TITLE,] REASONABLE SUSPICION THAT A VIOLATION 8 OF THIS TITLE IS OCCURRING OR HAS OCCURRED, HE MAY STOP A 9 VEHICLE, UPON REQUEST OR SIGNAL, FOR THE PURPOSE OF CHECKING THE 10 VEHICLE'S REGISTRATION, PROOF OF FINANCIAL RESPONSIBILITY, 11 VEHICLE IDENTIFICATION NUMBER OR ENGINE NUMBER OR THE DRIVER'S 12 LICENSE, OR TO SECURE SUCH OTHER INFORMATION AS THE OFFICER MAY 13 REASONABLY BELIEVE TO BE NECESSARY TO ENFORCE THE PROVISIONS OF 14 THIS TITLE. 15 * * * 16 § 6506. SURCHARGE. 17 (A) LEVY AND IMPOSITION.--IN ADDITION TO ANY FINES, FEES OR 18 PENALTIES LEVIED OR IMPOSED AS PROVIDED BY LAW, UNDER THIS TITLE 19 OR ANY OTHER STATUTE, A SURCHARGE SHALL BE LEVIED FOR 20 DISPOSITION IN ACCORDANCE WITH SUBSECTION (B) AS FOLLOWS: 21 * * * 22 (7) UPON CONVICTION OF OFFENSES UNDER SECTION [3731] 23 3802 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR 24 CONTROLLED SUBSTANCE), OR UPON ADMISSION TO PROGRAMS FOR 25 ACCELERATED REHABILITATIVE DISPOSITION FOR OFFENSES 26 ENUMERATED IN SECTION [3731] 3802, A SURCHARGE, RESPECTIVELY, 27 OF: 28 (I) $50 FOR THE FIRST OFFENSE. 29 (II) $100 FOR THE SECOND OFFENSE. 30 (III) $200 FOR THE THIRD OFFENSE. 20030S0008B1078 - 213 -
1 (IV) $300 FOR THE FOURTH AND SUBSEQUENT OFFENSES. 2 THE PROVISIONS OF THIS SUBSECTION SHALL NOT APPLY TO ANY 3 VIOLATION COMMITTED BY THE OPERATOR OF A MOTORCYCLE, MOTOR- 4 DRIVEN CYCLE, PEDALCYCLE, MOTORIZED PEDALCYCLE OR RECREATIONAL 5 VEHICLE NOT INTENDED FOR HIGHWAY USE. 6 SECTION 18. THE ADDITION OF 75 PA.C.S. §§ 3814 AND 3815 7 SHALL APPLY AS FOLLOWS: 8 (1) EXCEPT AS SET FORTH IN PARAGRAPH (2) OR (3), AFTER 9 JUNE 30, 2009, FOR AN OFFENDER SENTENCED UNDER THIS CHAPTER. 10 (2) ON AND AFTER THE EFFECTIVE DATE OF THIS SECTION, FOR 11 AN OFFENDER SENTENCED FOR A MISDEMEANOR OF THE FIRST DEGREE. 12 (3) AFTER JUNE 30, 2006, FOR AN OFFENDER SENTENCED 13 PURSUANT TO SECTION 3804(A)(3), (B)(2) AND (C)(1). 14 SECTION 19. THE DEPARTMENT OF TRANSPORTATION HAS THE 15 FOLLOWING DUTIES: 16 (1) IN ORDER TO IMPLEMENT THE ADDITION OF 75 PA.C.S. § 17 3805, THE FOLLOWING SHALL APPLY: 18 (I) THE DEPARTMENT SHALL ADOPT AND USE GUIDELINES, 19 WHICH SHALL BE PUBLISHED IN THE PENNSYLVANIA BULLETIN. 20 THE GUIDELINES SHALL NOT BE SUBJECT TO REVIEW UNDER 21 SECTION 205 OF THE ACT OF JULY 31, 1968 (P.L.769, 22 NO.240), REFERRED TO AS THE COMMONWEALTH DOCUMENTS LAW, 23 AND THE ACT OF JUNE 25, 1982 (P.L.633, NO.181), KNOWN AS 24 THE REGULATORY REVIEW ACT. 25 (II) BY SEPTEMBER 30, 2004, THE DEPARTMENT SHALL, IN 26 ACCORDANCE WITH LAW, PROMULGATE REGULATIONS TO REPLACE 27 THE GUIDELINES UNDER SUBPARAGRAPH (I). 28 (III) THE GUIDELINES UNDER SUBPARAGRAPH (I) SHALL: 29 (A) TAKE EFFECT SEPTEMBER 30, 2003, OR 30 IMMEDIATELY, WHICHEVER IS LATER; AND 20030S0008B1078 - 214 -
1 (B) EXPIRE ON THE EARLIER OF: 2 (I) THE EFFECTIVE DATE OF REGULATIONS UNDER 3 SUBPARAGRAPH (II); OR 4 (II) SEPTEMBER 30, 2005. 5 (2) BY OCTOBER 1, 2004, THE DEPARTMENT SHALL PROMULGATE 6 REGULATIONS TO IMPLEMENT 75 PA.C.S. § 1549(B). 7 SECTION 20. THE ADDITION OF 75 PA.C.S CH. 38 IS A 8 CONTINUATION OF FORMER 75 PA.C.S. § 3731. THE REPEAL OF 75 9 PA.C.S. § 3731 SHALL NOT AFFECT OFFENSES COMMITTED PRIOR TO THE 10 EFFECTIVE DATE OF THIS SECTION OR CIVIL AND ADMINISTRATIVE 11 PENALTIES IMPOSED AS A RESULT OF THOSE OFFENSES. 12 SECTION 21. THIS ACT SHALL TAKE EFFECT AS FOLLOWS: 13 (1) THE FOLLOWING PROVISIONS SHALL TAKE EFFECT 14 IMMEDIATELY: 15 (I) SECTION 19 OF THIS ACT. 16 (II) THIS SECTION. 17 (2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT 18 SEPTEMBER 30, 2003, OR IMMEDIATELY, WHICHEVER IS LATER. A2L75MSP/20030S0008B1078 - 215 -