THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY RAFFERTY, ORIE, FONTANA, ERICKSON, KASUNIC, BRUBAKER, BREWSTER, FARNESE AND WOZNIAK, FEBRUARY 14, 2011

REFERRED TO TRANSPORTATION, FEBRUARY 14, 2011  

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, in driving after imbibing alcohol or utilizing

drugs, further providing for grading and for penalties.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 3803(b) of Title 75 of the Pennsylvania

Consolidated Statutes is amended to read:

§ 3803.  Grading.

* * *

(b)  Other offenses.--

(1)  An individual who violates section 3802(a)(1) where

there was an accident resulting in bodily injury, serious

bodily injury or death of any person or in damage to a

vehicle or other property, or who violates section 3802(b),

(e) or (f) and who has no more than one prior offense commits

a misdemeanor for which the individual may be sentenced to a

term of imprisonment of not more than six months and to pay a

fine under section 3804.

(2)  An individual who violates section 3802(a)(1) where

the individual refused testing of blood or breath, or who

violates section 3802(c) or (d) and who has no prior offenses

commits a misdemeanor for which the individual may be

sentenced to a term of imprisonment of not more than six

months and to pay a fine under section 3804.

(3)  An individual who violates section 3802(a)(1) where

there was an accident resulting in bodily injury, serious

bodily injury or death of any person or in damage to a

vehicle or other property, or who violates section 3802(b),

(e) or (f) and who has more than one prior offense commits a

misdemeanor of the first degree.

(4)  An individual who violates section 3802(a)(1) where

the individual refused testing of blood or breath, or who

violates section 3802(c) or (d) and who has one or more prior

offenses commits a misdemeanor of the first degree.

(5)  An individual who violates section 3802 where a

minor under 18 years of age was an occupant in the vehicle

when the violation occurred commits a misdemeanor of the

first degree.

Section 2.  Section 3804(k) of Title 75 is amended and the

section is amended by adding a subsection to read:

§ 3804.  Penalties.

* * *

(c.1)  Violation involving minor occupant.--An individual who

violates section 3803(b)(5) (relating to grading), in addition

to any penalty imposed in this chapter, shall be sentenced as

follows:

(1)  For a first offense, to:

(i)  pay a fine of not less than $1,000; and

(ii)  complete 100 hours of community service.

(2)  For a second offense, to:

(i)  pay a fine of not less than $2,500; and

(ii)  undergo imprisonment of not less than one month

nor more than six months.

(3)  For a third or subsequent offense, undergo

imprisonment of not less than six months nor more than two

years.

* * *

(k)  Nonapplicability.--Except for subsection (e), this

section shall not apply to dispositions resulting from

proceedings under 42 Pa.C.S. Ch. 63 [(relating to juvenile

matters)].

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