THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY HOUGHTON, BRIGGS, CREIGHTON, DAY, DONATUCCI, GROVE, HORNAMAN, MILNE, MURPHY, SIPTROTH, STABACK, SWANGER, J. TAYLOR, VULAKOVICH, BOYD, JOHNSON, BARBIN, BOYLE, BRADFORD, DEASY, MATZIE AND MURT, MARCH 12, 2009

AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF REPRESENTATIVES, AS AMENDED, APRIL 26, 2010

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, further providing for ignition interlock in driving

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after imbibing alcohol or utilizing drugs, further providing

for ignition interlock, for prior offenses and for

Accelerated Rehabilitative Disposition.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 3805(a) introductory paragraph of Title

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75 of the Pennsylvania Consolidated Statutes is amended and the

section is amended by adding a subsection to read:

§ 3805.  Ignition interlock.

(a)  General rule.--[If] Except as provided under subsection

(a.1), if a person violates section 3802 (relating to driving

under influence of alcohol or controlled substance) and[, within

the past ten years,] has a prior offense as defined in section

3806(a) (relating to prior offenses) or has had their operating

privileges suspended pursuant to section 1547(b.1) (relating to

chemical testing to determine amount of alcohol or controlled

substance) or 3808(c) (relating to illegally operating a motor

vehicle not equipped with ignition interlock) and the person

seeks a restoration of operating privileges, the department

shall require as a condition of issuing a restricted license

pursuant to this section that the following occur:

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(a.1)  Elevated rate of alcohol rule.--If a person violates

section 3802(b) or (c) and the person seeks a restoration of

operating privileges, the department shall require as a

condition of issuing a restricted license under this section

that the following occur:

(1)  Each motor vehicle owned by the person or registered

to the person has been equipped with an ignition interlock

system and remains so for the duration of the restricted

license period.

(2)  If there are no motor vehicles owned by the person

or registered to the person, that the person so certify to

the department. A person so certifying shall be deemed to

have satisfied the requirement that all motor vehicles owned

by the person or registered to the person be equipped with an

ignition interlock system as required by this subsection.

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Section 2.  This act shall take effect in 60 days.

Section 1.  Sections 3805(a), (b) and (c), 3806 and 3807(d)

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of Title 75 of the Pennsylvania Consolidated Statutes are

amended to read:

§ 3805.  Ignition interlock.

(a)  General rule.--If a person violates section 3802

(relating to driving under influence of alcohol or controlled

substance) [and, within the past ten years, has a prior offense

as defined in section 3806(a) (relating to prior offenses) or

has had their operating privileges suspended pursuant to section

1547(b.1) (relating to chemical testing to determine amount of

alcohol or controlled substance) or 3808(c) (relating to

illegally operating a motor vehicle not equipped with ignition

interlock)] and the person seeks a restoration of operating

privileges, the department shall require as a condition of

issuing a restricted license pursuant to this section that the

following occur:

(1)  Each motor vehicle owned by the person or registered

to the person has been equipped with an ignition interlock

system and remains so for the duration of the restricted

license period.

(2)  If there are no motor vehicles owned by the person

or registered to the person that the person so certify to the

department. A person so certifying shall be deemed to have

satisfied the requirement that all motor vehicles owned by

the person or registered to the person be equipped with an

ignition interlock system as required by this subsection.

(b)  Application for a restricted license.--A person subject

to this section shall apply to the department for an ignition

interlock restricted license, accompanied by an application fee

of $100 which shall be in addition to the fee charged under

section 1951 (relating to driver's license and learner's

permit), which shall be clearly marked to restrict the person to

only driving, operating or being in actual physical control of

the movement of motor vehicles equipped with an ignition

interlock system. Upon issuance of an ignition interlock

restricted license to any person, the department shall notify

the person that until the person obtains an unrestricted license

the person may not own, register, drive, operate or be in actual

physical control of the movement of any motor vehicle which is

not equipped with an ignition interlock system.

(c)  Issuance of unrestricted license.--[One year from the

date of issuance of an ignition interlock restricted license

under this section, if] If otherwise eligible, a person may be

issued a replacement license under section 1951(d) that does not

contain the ignition interlock system restriction[.] if:

(1)  Six months have elapsed from the date of issuance of

an ignition interlock restricted license under this section

and the person was sentenced under section 3804(b)(1)

(relating to penalties) or 3804(c)(1).

(2)  Twelve months have elapsed from the date of issuance

of an ignition interlock restricted license under this

section and the person was sentenced under section 3804(a)

(2), 3804(b)(2) or 3804(c)(2).

(3)  Eighteen months have elapsed from the date of

issuance of an ignition interlock restricted license under

this section and the person was sentenced for a third offense

under section 3804(a)(3), 3804(b)(3) or 3804(c)(3).

(4)  Twenty-four months have elapsed from the date of

issuance of an ignition interlock restricted license under

this section and the person was sentenced for a fourth or

subsequent offense under section 3804(a)(3), 3804(b)(4) or

3804(c)(3).

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§ 3806.  Prior offenses.

(a)  General rule.--Except as set forth in subsection (b),

the term "prior offense" as used in this chapter shall mean a

conviction, adjudication of delinquency, juvenile consent

decree, acceptance of Accelerated Rehabilitative Disposition or

other form of preliminary disposition if the violation occurred 

before the sentencing on the present violation for any of the

following:

(1)  an offense under section 3802 (relating to driving

under influence of alcohol or controlled substance);

(2)  an offense under former section 3731;

(3)  an offense substantially similar to an offense under

paragraph (1) or (2) in another jurisdiction; or

(4)  any combination of the offenses set forth in

paragraph (1), (2) or (3).

(b)  Repeat offenses within ten years.--The calculation of

prior offenses for purposes of sections 1553(d.2) (relating to

occupational limited license), 3803 (relating to grading) and

3804 (relating to penalties) shall include any conviction,

adjudication of delinquency, juvenile consent decree, acceptance

of Accelerated Rehabilitative Disposition or other form of

preliminary disposition if the violation occurred within the ten

years before the present violation occurred for any of the

following:

(1)  an offense under section 3802;

(2)  an offense under former section 3731;

(3)  an offense substantially similar to an offense under

paragraph (1) or (2) in another jurisdiction; or

(4)  any combination of the offenses set forth in

paragraph (1), (2) or (3).

§ 3807.  Accelerated Rehabilitative Disposition.

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(d)  Mandatory suspension of operating privileges.--[As a

condition of participation in an Accelerated Rehabilitative

Disposition program, the court] Upon receiving a certified

record of the defendant's admission into an Accelerated

Rehabilitative Disposition program, the department shall [order]

suspend the defendant's license [suspended] as follows:

(1)  There shall be no license suspension if the

defendant's blood alcohol concentration at the time of

testing was less than 0.10%.

(2)  For 30 days if the defendant's blood alcohol

concentration at the time of testing was at least 0.10% but

less than 0.16%.

(3)  For 60 days if:

(i)  the defendant's blood alcohol concentration at

the time of testing was 0.16% or higher;

(ii)  the defendant's blood alcohol concentration is

not known;

(iii)  an accident which resulted in bodily injury or

in damage to a vehicle or other property occurred in

connection with the events surrounding the current

offense; or

(iv)  the defendant was charged pursuant to section

3802(d).

(4)  For 90 days if the defendant was a minor at the time

of the offense.

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Section 2.  The amendment of 75 Pa.C.S. § 3806 shall apply to

persons sentenced on or after the effective date of this

section.

Section 3.  This act shall take effect in 60 days.