PRINTER'S NO. 3833
No. 2578 Session of 2008
INTRODUCED BY SOLOBAY, BELFANTI, BENNINGTON, BEYER, CAPPELLI, CREIGHTON, CUTLER, DALEY, GEIST, GOODMAN, MAJOR, MANN, MARSHALL, McCALL, McILHATTAN, MELIO, MILLARD, R. MILLER, NAILOR, O'NEILL, RAMALEY, ROCK, WATSON AND J. WHITE, JUNE 2, 2008
REFERRED TO COMMITTEE ON TRANSPORTATION, JUNE 2, 2008
AN ACT 1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated 2 Statutes, further providing for revocation of habitual 3 offender's license, for driving while operating privilege is 4 suspended or revoked, for permitting violation of title, for 5 homicide by vehicle and for habitual offenders. 6 This act shall be referred to as Alex's Law. 7 The General Assembly of the Commonwealth of Pennsylvania 8 hereby enacts as follows: 9 Section 1. Sections 1542, 1543, 1575, 3732 and 6503.1 of 10 Title 75 of the Pennsylvania Consolidated Statutes are amended 11 to read: 12 § 1542. Revocation of habitual offender's license. 13 (a) General rule.--The department shall revoke the operating 14 privilege of any person found to be a habitual offender pursuant 15 to the provisions of this section. A "habitual offender" shall 16 be any person whose driving record, as maintained in the 17 department, shows that such person has accumulated the requisite 18 number of convictions for the separate and distinct offenses
1 described and enumerated in subsection (b) committed after the
2 effective date of this title and within any period of five years
3 thereafter.
4 (b) Offenses enumerated.--Three convictions arising from
5 separate acts of any one or more of the following offenses
6 committed by any person shall result in such person being
7 designated as a habitual offender:
8 (1) Any violation of Subchapter B of Chapter 37
9 (relating to serious traffic offenses).
10 (1.1) Any violation of Chapter 38 (relating to driving
11 after imbibing alcohol or utilizing drugs) except for
12 sections 3808(a)(1) and (b) (relating to illegally operating
13 a motor vehicle not equipped with ignition interlock) and
14 3809 (relating to restriction on alcoholic beverages).
15 (1.2) Any violation of section [1543(b)(1.1)] 1543(b)
16 (relating to driving while operating privilege is suspended
17 or revoked).
18 (2) Any violation of section 3367 (relating to racing on
19 highways).
20 (3) Any violation of section 3742 (relating to accidents
21 involving death or personal injury).
22 (3.1) Any violation of section 3742.1 (relating to
23 accidents involving death or personal injury while not
24 properly licensed).
25 (4) Any violation of section 3743 (relating to accidents
26 involving damage to attended vehicle or property).
27 (c) Accelerative Rehabilitative Disposition as an offense.--
28 Acceptance of Accelerative Rehabilitative Disposition for any
29 offense enumerated in subsection (b) shall be considered an
30 offense for the purposes of this section.
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1 (d) Period of revocation.--The operating privilege of any 2 person found to be a habitual offender under the provisions of 3 this section shall be revoked by the department for a period of 4 five years. 5 (e) Additional offenses.--Each additional offense committed 6 within a period of five years, as measured from the date of any 7 previous offense, shall result in a revocation for an additional 8 period of two years. 9 § 1543. Driving while operating privilege is suspended or 10 revoked. 11 (a) Offense defined.--Except as provided in subsection (b), 12 any person who drives a motor vehicle on any highway or 13 trafficway of this Commonwealth after the commencement of a 14 suspension, revocation or cancellation of the operating 15 privilege and before the operating privilege has been restored 16 is guilty of a summary offense and shall, upon conviction, be 17 sentenced to pay a fine of $200. 18 (b) Certain offenses.-- 19 (1) A person who drives a motor vehicle on a highway or 20 trafficway of this Commonwealth at a time when the person's 21 operating privilege is suspended or revoked as a condition of 22 acceptance of Accelerated Rehabilitative Disposition for a 23 violation of section 3802 (relating to driving under 24 influence of alcohol or controlled substance) or the former 25 section 3731 (relating to driving under influence of alcohol 26 or controlled substance), because of a violation of section 27 1547(b)(1) (relating to [suspension for refusal] chemical 28 testing to determine amount of alcohol or controlled 29 substance) or 3802 or former section 3731 or is suspended 30 under section 1581 (relating to Driver's License Compact) for 20080H2578B3833 - 3 -
1 an offense substantially similar to a violation of section 2 3802 or former section 3731 shall, upon conviction, be guilty 3 of a summary offense and shall be sentenced to pay a fine of 4 $500 and to undergo imprisonment for a period of not less 5 than 60 days nor more than 90 days. 6 (1.1) (i) A person who has an amount of alcohol by 7 weight in his blood that is equal to or greater than .02% 8 at the time of testing or who at the time of testing has 9 in his blood any amount of a Schedule I or nonprescribed 10 Schedule II or III controlled substance, as defined in 11 the act of April 14, 1972 (P.L.233, No.64), known as The 12 Controlled Substance, Drug, Device and Cosmetic Act, or 13 its metabolite and who drives a motor vehicle on any 14 highway or trafficway of this Commonwealth at a time when 15 the person's operating privilege is suspended or revoked 16 as a condition of acceptance of Accelerated 17 Rehabilitative Disposition for a violation of section 18 3802 or former section 3731 or because of a violation of 19 section 1547(b)(1) or 3802 or former section 3731 or is 20 suspended under section 1581 for an offense substantially 21 similar to a violation of section 3802 or former section 22 3731 shall, upon a first conviction, be guilty of a 23 summary offense and shall be sentenced to pay a fine of 24 $1,000 and to undergo imprisonment for a period of not 25 less than 90 days. 26 (ii) A second violation of this paragraph shall 27 constitute a misdemeanor of the third degree, and upon 28 conviction thereof the person shall be sentenced to pay a 29 fine of $2,500 and to undergo imprisonment for not less 30 than six months. 20080H2578B3833 - 4 -
1 (iii) A third or subsequent violation of this 2 paragraph shall constitute a misdemeanor of the first 3 degree, and upon conviction thereof the person shall be 4 sentenced to pay a fine of $5,000 and to undergo 5 imprisonment for not less than two years. 6 (2) This subsection shall apply to any person against 7 whom one of these suspensions has been imposed whether the 8 person is currently serving this suspension or whether the 9 effective date of suspension has been deferred under any of 10 the provisions of section 1544 (relating to additional period 11 of revocation or suspension). This provision shall also apply 12 until the person has had the operating privilege restored. 13 This subsection shall also apply to any revocation imposed 14 pursuant to section 1542 (relating to revocation of habitual 15 offender's license) if any of the enumerated offenses was for 16 a violation of section 3802 or former section 3731 or for an 17 out-of-State offense that is substantially similar to a 18 violation of section 3802 or former section 3731, for which a 19 revocation is imposed under section 1581. 20 (3) Notwithstanding any other provision of law to the 21 contrary, if the police suspect that a driver may be charged 22 under this subsection, chemical testing shall be administered 23 under section 1547. 24 (c) Suspension or revocation of operating privilege.--Upon 25 receiving a certified record of the conviction of any person 26 under this section, the department shall suspend or revoke that 27 person's operating privilege as follows: 28 (1) If the department's records show that the person was 29 under suspension, recall or cancellation on the date of 30 violation, and had not been restored, the department shall 20080H2578B3833 - 5 -
1 suspend the person's operating privilege for an additional 2 one-year period. 3 (2) If the department's records show that the person was 4 under revocation on the date of violation, and had not been 5 restored, the department shall revoke the person's operating 6 privilege for an additional two-year period. 7 (d) Citation of appropriate subsection.--Prior to filing a 8 citation for a violation of this section with the issuing 9 authority named in the citation, the police officer shall verify 10 the basis for the suspension with the department. Upon receiving 11 the verification, the officer shall cite the appropriate 12 subsection of this section on the citation. 13 § 1575. Permitting violation of title. 14 (a) General rule.--No person shall authorize or knowingly 15 permit a motor vehicle owned by him or under his control to be 16 driven in violation of any of the provisions of this title. 17 (b) Penalty.--Any person violating the provisions of 18 subsection (a) is guilty of a summary offense and is subject to 19 the same fine as the driver of the vehicle. If the driver is 20 convicted under section 1543 (relating to driving while 21 operating privilege is suspended or revoked), section 3735 22 (relating to homicide by vehicle while driving under influence) 23 or 3802 (relating to driving under influence of alcohol or 24 controlled substance), the person violating subsection (a) shall 25 also be subject to suspension or revocation, as applicable, 26 under sections 1532 (relating to [revocation or] suspension of 27 operating privilege), 1542 (relating to revocation of habitual 28 offender's license) and 3804(e) (relating to penalties). 29 (c) Indemnification.--In cases where a driver of a motor 30 vehicle is required to conduct a pretrip safety inspection 20080H2578B3833 - 6 -
1 pursuant to department regulations and is subsequently convicted 2 of one or more equipment violations under this title, the owner 3 of the vehicle shall indemnify the driver for any fines and 4 costs paid if the specific equipment violation was listed on the 5 driver's pretrip inspection report and acknowledged in writing 6 by the owner. 7 (d) Impound of vehicle.--When an officer has probable cause 8 to believe that the registered owner of any motor vehicle 9 knowingly permitted use of his or her vehicle in violation of 10 section 1543(b), the officer shall impound the vehicle. 11 (e) Forfeiture of vehicle.--Any motor vehicle used in 12 violation of section 1543(b) shall be forfeited to the 13 Commonwealth if, upon hearing, the Commonwealth shows by a 14 preponderance of the evidence that the registered owner 15 knowingly permitted his or her vehicle to be operated by an 16 individual in violation of section 1543. 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 3802 (relating to 23 driving under influence of alcohol or controlled substance) is 24 guilty of homicide by vehicle, a felony of the third degree, 25 when the violation is the cause of death. 26 (b) Sentencing.-- 27 (1) In addition to any other penalty provided by law, a 28 person convicted of a violation of subsection (a) may be 29 sentenced to an additional term not to exceed five years' 30 confinement if at trial the prosecution proves beyond a 20080H2578B3833 - 7 -
1 reasonable doubt that the offense occurred in an active work 2 zone as defined in section 102 (relating to definitions). 3 (1.1) In addition to any other penalty provided by law, 4 a person convicted of a violation of subsection (a) may be 5 sentenced to an additional term not to exceed five years' 6 imprisonment if at trial the prosecution proves beyond a 7 reasonable doubt that the offense occurred while the driver's 8 operating privilege was suspended or revoked for a violation 9 of section 3802 or the former section 3731 (relating to 10 driving under influence of alcohol or controlled substance). 11 (2) The prosecution must indicate intent to proceed 12 under this section in the indictment or information which 13 commences the prosecution. 14 (3) The Pennsylvania Commission on Sentencing, pursuant 15 to 42 Pa.C.S. § 2154 (relating to adoption of guidelines for 16 sentencing), shall provide for a sentencing enhancement for 17 an offense under this section when the violation occurred in 18 an active work zone as defined in section 102[.] and for an 19 offense that occurs while a driver's operating privilege was 20 suspended or revoked for a violation of section 3802 or the 21 former section 3731 (relating to driving under influence of 22 alcohol or controlled substance). 23 § 6503.1. Habitual offenders. 24 (a) Offense.--A habitual offender under section 1542 25 (relating to revocation of habitual offender's license) who 26 drives a motor vehicle on any highway or trafficway of this 27 Commonwealth while the habitual offender's operating privilege 28 is suspended, revoked or canceled commits a misdemeanor of the 29 second degree. 30 (b) Impound of vehicle.--When an officer has probable cause 20080H2578B3833 - 8 -
1 to believe a person has violated subsection (a), the officer 2 shall not permit the suspected offender to drive the involved 3 vehicle. Instead, the officer may permit the registered owner to 4 remove the vehicle from the place of the traffic stop so long as 5 the registered owner is properly licensed to drive the vehicle 6 and there is not probable cause to believe the registered owner 7 knowingly permitted the suspected offender of subsection (a) to 8 drive the vehicle in violation of subsection (a). Otherwise, the 9 officer shall impound the vehicle. 10 (c) Forfeiture of vehicle.--Any motor vehicle used in 11 violation of this section shall be forfeited to the Commonwealth 12 if, upon hearing, the Commonwealth shows by a preponderance of 13 the evidence that the registered owner operated the vehicle in 14 violation of this section. 15 Section 2. This act shall take effect in 60 days. E15L75RLE/20080H2578B3833 - 9 -