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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY RAFFERTY, FONTANA, WASHINGTON, McILHINNEY, FERLO, SCHWANK, BRUBAKER, MENSCH, SOLOBAY, D. WHITE AND SMUCKER, JUNE 29, 2011 |
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| REFERRED TO TRANSPORTATION, JUNE 29, 2011 |
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| AN ACT |
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1 | Amending Title 75 (Vehicles) of the Pennsylvania Consolidated |
2 | Statutes, further providing for occupational limited license, |
3 | for definitions, for penalties, for ignition interlock, for |
4 | Accelerated Rehabilitative Disposition and for illegally |
5 | operating a motor vehicle not equipped with ignition |
6 | interlock. |
7 | The General Assembly of the Commonwealth of Pennsylvania |
8 | hereby enacts as follows: |
9 | Section 1. Section 1553(b)(1), (c), (d)(6) and (7), (d.1), |
10 | (d.2) and (f)(1) and (5) of Title 75 of the Pennsylvania |
11 | Consolidated Statutes are amended and the section is amended by |
12 | adding subsections to read: |
13 | § 1553. Occupational limited license. |
14 | * * * |
15 | (b) Petition.-- |
16 | (1) The applicant for an occupational limited license |
17 | must file a petition with the department, by certified mail[, |
18 | setting forth in detail the need for operating a motor |
19 | vehicle]. The petition shall be on a form prescribed by the |
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1 | department and shall identify the specific motor vehicle or |
2 | vehicles the petitioner seeks permission to operate. [The |
3 | petition shall include an explanation as to why the operation |
4 | of a motor vehicle is essential to the petitioner's |
5 | occupation, work, trade, treatment or study. The petition |
6 | shall identify the petitioner's employer, educational |
7 | institution or treatment facility, as appropriate, and shall |
8 | include proof of financial responsibility covering all |
9 | vehicles which the petitioner requests to be allowed to |
10 | operate. The department shall promulgate regulations to |
11 | require additional information as well as additional evidence |
12 | to verify the information contained in the petition.] |
13 | * * * |
14 | (c) Fee.--The fee for applying for an occupational limited |
15 | license shall be [$50] $100. This fee shall be nonrefundable and |
16 | no other fee shall be required. |
17 | (d) Unauthorized issuance.--The department shall prohibit |
18 | issuance of an occupational limited license to: |
19 | * * * |
20 | (6) Any person who has been adjudicated delinquent, |
21 | granted a consent decree or granted Accelerated |
22 | Rehabilitative Disposition for driving under the influence of |
23 | alcohol or controlled substance unless the suspension or |
24 | revocation imposed [for that conviction] under section |
25 | 3807(d) (relating to Accelerated Rehabilitative Disposition) |
26 | has been [fully] served. |
27 | (7) Any person whose operating privilege has been |
28 | suspended for refusal to submit to chemical testing to |
29 | determine the amount of alcohol or controlled substance |
30 | unless 90 days of that suspension [has been fully] have been |
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1 | served. |
2 | * * * |
3 | (d.1) Adjudication eligibility.--An individual who has been |
4 | convicted of an offense under section 3802 (relating to driving |
5 | under influence of alcohol or controlled substance) and does not |
6 | have a prior offense as defined in section 3806(a) (relating to |
7 | prior offenses) shall be eligible for an occupational limited |
8 | license only if the individual [has served 60 days of the |
9 | suspension imposed for the offense.] does all of the following: |
10 | (1) Has served 15 days of the suspension imposed for the |
11 | offense. |
12 | (2) Only operates a motor vehicle equipped with an |
13 | ignition interlock system as defined in section 3801 |
14 | (relating to definitions). |
15 | (3) Has certified to the department that one or more |
16 | motor vehicles owned, registered or to be operated by the |
17 | individual has been equipped with a functioning ignition |
18 | interlock system as defined in section 3801 (relating to |
19 | definitions). |
20 | (d.2) Suspension eligibility.-- |
21 | (1) An individual whose license has been suspended for a |
22 | period of 18 months under section 1547(b)(1)(ii) (relating to |
23 | chemical testing to determine amount of alcohol or controlled |
24 | substance) or 3804(e)(2)(ii) (relating to penalties) shall |
25 | not be prohibited from obtaining an occupational limited |
26 | license under this section if the individual: |
27 | (i) is otherwise eligible for restoration; |
28 | (ii) has served [12 months] 90 days of the |
29 | suspension imposed for the offense; |
30 | [(iii) has no more than one prior offense as defined |
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1 | in section 3806(b);] |
2 | (iv) only operates a motor vehicle equipped with an |
3 | ignition interlock system as defined in section 3801 |
4 | [(relating to definitions)]; and |
5 | (v) has certified to the department [under paragraph |
6 | (3)] that one or more motor vehicles owned, registered or |
7 | to be operated by the individual have been equipped with |
8 | a functioning ignition interlock system as defined in |
9 | section 3801. |
10 | [(2) A period of ignition interlock accepted under this |
11 | subsection shall not count towards the one-year mandatory |
12 | period of ignition interlock imposed under section 3805 |
13 | (relating to ignition interlock). |
14 | (3) If an individual seeks an occupational limited |
15 | license under this subsection, the department shall require |
16 | that each motor vehicle owned or registered to the person has |
17 | been equipped with an ignition interlock system as defined in |
18 | section 3801 as a condition of issuing an occupational |
19 | limited license with an ignition interlock restriction.] |
20 | * * * |
21 | (d.4) Credit against mandatory ignition interlock |
22 | requirement.--A period of ignition interlock usage required as a |
23 | condition of issuance of an occupational restricted license |
24 | under subsection (d.1) or (d.2) shall count on a day-for-day |
25 | basis toward the mandatory period of ignition interlock usage |
26 | imposed under the applicable subparagraphs of section 3805(b)(2) |
27 | (relating to ignition interlock). |
28 | (d.5) Certification to the department.--If an individual |
29 | seeks an occupational limited license under this subsection, the |
30 | department shall require that one or more motor vehicles owned, |
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1 | registered or to be operated by the person have been equipped |
2 | with a functioning ignition interlock system as defined in |
3 | section 3801 as a condition of issuing an occupation limited |
4 | license with an ignition interlock restriction. |
5 | * * * |
6 | (f) Restrictions.--A driver who has been issued an |
7 | occupational limited license shall observe the following: |
8 | (1) The driver shall only operate a designated vehicle |
9 | [only: |
10 | (i) Between the driver's place of residence and |
11 | place of employment or study and as necessary in the |
12 | course of employment or conducting a business or pursuing |
13 | a course of study where the operation of a motor vehicle |
14 | is a requirement of employment or of conducting a |
15 | business or of pursuing a course of study. |
16 | (ii) To and from a place for scheduled or emergency |
17 | medical examination or treatment. This subparagraph |
18 | includes treatment required under Chapter 38 (relating to |
19 | driving after imbibing alcohol or utilizing drugs).] |
20 | equipped with an ignition interlock device. |
21 | * * * |
22 | (5) A driver who has been issued an occupational limited |
23 | license shall possess a completed occupational limited |
24 | license affidavit on a form prescribed by the department at |
25 | all times when operating a motor vehicle. The driver shall |
26 | exhibit the completed form upon demand by a police officer. |
27 | [The affidavit shall indicate that the driver is operating |
28 | the motor vehicle at a time and between places in accordance |
29 | with the restrictions of paragraph (1).] An occupational |
30 | limited license affidavit shall contain information required |
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1 | by regulations which shall be promulgated by the department. |
2 | The driver is not required to possess a completed |
3 | occupational limited license affidavit when operating a motor |
4 | vehicle to a location for emergency medical treatment. |
5 | * * * |
6 | Section 2. Sections 3801 and 3804(a), (b) and (c) of Title |
7 | 75 are amended to read: |
8 | § 3801. Definitions. |
9 | The following words and phrases when used in this chapter |
10 | shall have the meanings given to them in this section unless the |
11 | context clearly indicates otherwise: |
12 | "Adult." An individual who is at least 21 years of age. |
13 | "Ignition interlock system." A system approved by the |
14 | department which prevents a vehicle from being started [or |
15 | operated] unless the operator first provides a breath sample |
16 | indicating that the operator has an alcohol level less than |
17 | 0.025%. |
18 | "Minor." An individual who is under 21 years of age. |
19 | § 3804. Penalties. |
20 | (a) General impairment.--Except as set forth in subsection |
21 | (b) or (c), an individual who violates section 3802(a) (relating |
22 | to driving under influence of alcohol or controlled substance) |
23 | shall be sentenced as follows: |
24 | (1) For a first offense, to: |
25 | (i) undergo a mandatory minimum term of six months' |
26 | probation; |
27 | (ii) pay a fine of $300; |
28 | (iii) attend an alcohol highway safety school |
29 | approved by the department; [and] |
30 | (iv) comply with all drug and alcohol treatment |
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1 | requirements imposed under sections 3814 (relating to |
2 | drug and alcohol assessments) and 3815 (relating to |
3 | mandatory sentencing)[.]; and |
4 | (v) participate in and comply with the ignition |
5 | interlock program under section 3805 (relating to |
6 | ignition interlock). |
7 | (2) For a second offense, to: |
8 | (i) undergo imprisonment for not less than five |
9 | days; |
10 | (ii) pay a fine of not less than $300 nor more than |
11 | $2,500; |
12 | (iii) attend an alcohol highway safety school |
13 | approved by the department; [and] |
14 | (iv) comply with all drug and alcohol treatment |
15 | requirements imposed under sections 3814 and 3815[.]; and |
16 | (v) participate in and comply with the ignition |
17 | interlock program under section 3805. |
18 | (3) For a third or subsequent offense, to: |
19 | (i) undergo imprisonment of not less than ten days; |
20 | (ii) pay a fine of not less than $500 nor more than |
21 | $5,000; [and] |
22 | (iii) comply with all drug and alcohol treatment |
23 | requirements imposed under sections 3814 and 3815[.]; and |
24 | (iv) participate in and comply with the ignition |
25 | interlock program under section 3805. |
26 | (b) High rate of blood alcohol; minors; commercial vehicles |
27 | and school buses and school vehicles; accidents.--Except as set |
28 | forth in subsection (c), an individual who violates section |
29 | 3802(a)(1) where there was an accident resulting in bodily |
30 | injury, serious bodily injury or death of any person or damage |
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1 | to a vehicle or other property or who violates section 3802(b), |
2 | (e) or (f) shall be sentenced as follows: |
3 | (1) For a first offense, to: |
4 | (i) undergo imprisonment of not less than 48 |
5 | consecutive hours; |
6 | (ii) pay a fine of not less than $500 nor more than |
7 | $5,000; |
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[.]; and |
12 | (v) participate in and comply with the ignition |
13 | interlock program under section 3805. |
14 | (2) For a second offense, to: |
15 | (i) undergo imprisonment of not less than 30 days; |
16 | (ii) pay a fine of not less than $750 nor more than |
17 | $5,000; |
18 | (iii) attend an alcohol highway safety school |
19 | approved by the department; [and] |
20 | (iv) comply with all drug and alcohol treatment |
21 | requirements imposed under sections 3814 and 3815[.]; and |
22 | (v) participate in and comply with the ignition |
23 | interlock program under section 3805. |
24 | (3) For a third offense, to: |
25 | (i) undergo imprisonment of not less than 90 days; |
26 | (ii) pay a fine of not less than $1,500 nor more |
27 | than $10,000; [and] |
28 | (iii) comply with all drug and alcohol treatment |
29 | requirements imposed under sections 3814 and 3815[.]; and |
30 | (iv) participate in and comply with the ignition |
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1 | interlock program under section 3805. |
2 | (4) For a fourth or subsequent offense, to: |
3 | (i) undergo imprisonment of not less than one year; |
4 | (ii) pay a fine of not less than $1,500 nor more |
5 | than $10,000; [and] |
6 | (iii) comply with all drug and alcohol treatment |
7 | requirements imposed under sections 3814 and 3815[.]; and |
8 | (iv) participate in and comply with the ignition |
9 | interlock program under section 3805. |
10 | (c) Incapacity; highest blood alcohol; controlled |
11 | substances.--An individual who violates section 3802(a)(1) and |
12 | refused testing of blood or breath or an individual who violates |
13 | section 3802(c) or (d) shall be sentenced as follows: |
14 | (1) For a first offense, to: |
15 | (i) undergo imprisonment of not less than 72 |
16 | consecutive hours; |
17 | (ii) pay a fine of not less than $1,000 nor more |
18 | than $5,000; |
19 | (iii) attend an alcohol highway safety school |
20 | approved by the department; [and] |
21 | (iv) comply with all drug and alcohol treatment |
22 | requirements imposed under sections 3814 and 3815[.]; and |
23 | (v) participate in and comply with the ignition |
24 | interlock program under section 3805. |
25 | (2) For a second offense, to: |
26 | (i) undergo imprisonment of not less than 90 days; |
27 | (ii) pay a fine of not less than $1,500; |
28 | (iii) attend an alcohol highway safety school |
29 | approved by the department; [and] |
30 | (iv) comply with all drug and alcohol treatment |
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1 | requirements imposed under sections 3814 and 3815[.]; and |
2 | (v) participate in and comply with the ignition |
3 | interlock program under section 3805. |
4 | (3) For a third or subsequent offense, to: |
5 | (i) undergo imprisonment of not less than one year; |
6 | (ii) pay a fine of not less than $2,500; [and] |
7 | (iii) comply with all drug and alcohol treatment |
8 | requirements imposed under sections 3814 and 3815[.]; and |
9 | (iv) participate in and comply with the ignition |
10 | interlock program under section 3805. |
11 | * * * |
12 | Section 3. Section 3805(a), (b) and (c) of Title 75 are |
13 | amended and the section is amended by adding a subsection to |
14 | read: |
15 | § 3805. Ignition interlock. |
16 | (a) General rule.--If a person violates section 3802 |
17 | (relating to driving under influence of alcohol or controlled |
18 | substance) [and, within the past ten years, has a prior offense |
19 | as defined in section 3806(a) (relating to prior offenses)] or |
20 | has had their operating privileges suspended pursuant to section |
21 | 1547(b.1) (relating to chemical testing to determine amount of |
22 | alcohol or controlled substance) or 3808(c) (relating to |
23 | illegally operating a motor vehicle not equipped with ignition |
24 | interlock) and the person seeks a restoration of operating |
25 | privileges, the department shall require as a condition of |
26 | issuing a restricted license pursuant to this section that [the |
27 | following occur: |
28 | (1) Each motor vehicle owned by the person or registered |
29 | to the person has been equipped with an ignition interlock |
30 | system and remains so for the duration of the restricted |
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1 | license period. |
2 | (2) If there are no motor vehicles owned by the person |
3 | or registered to the person that the person so certify to the |
4 | department. A person so certifying shall be deemed to have |
5 | satisfied the requirement that all motor vehicles owned by |
6 | the person or registered to the person be equipped with an |
7 | ignition interlock system as required by this subsection.] |
8 | one or more motor vehicles owned by, registered to or to be |
9 | operated by the person have been equipped with an ignition |
10 | interlock system and remain equipped for the duration of the |
11 | restricted license period. |
12 | (b) Application for a restricted license.--A person subject |
13 | to this section shall apply to the department for an ignition |
14 | interlock restricted license under section 1951 (relating to |
15 | driver's license and learner's permit), which shall be clearly |
16 | marked to restrict the person to only driving, operating or |
17 | being in actual physical control of the movement of motor |
18 | vehicles equipped with an ignition interlock system. The |
19 | department shall: |
20 | (1) Upon issuance of an ignition interlock restricted |
21 | license to any person, [the department shall] notify the |
22 | person that until the person obtains an unrestricted license |
23 | the person may not [own, register,] drive, operate or be in |
24 | actual physical control of the movement of any motor vehicle |
25 | which is not equipped with an ignition interlock system. |
26 | (2) Require that a person subject to the requirements of |
27 | subsection (h.2) maintain an ignition interlock restricted |
28 | license for the following periods: |
29 | (i) An individual sentenced under section 3804 (a) |
30 | (1) and (b)(1) (relating to penalties) shall be required |
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1 | to maintain a restricted license for six months. |
2 | (ii) An individual sentenced under section 3804(a) |
3 | (2) or (b)(2) shall be required to maintain a restricted |
4 | license for 12 months. |
5 | (iii) An individual sentenced under section 3804(c) |
6 | (1) shall be required to maintain a restricted license |
7 | for 18 months. |
8 | (iv) An individual sentenced under section 3804(c) |
9 | (3) shall be required to maintain a restricted license |
10 | for 36 months. |
11 | (c) Issuance of unrestricted license.--[One year from the |
12 | date of issuance of an ignition interlock restricted license |
13 | under this section, if otherwise eligible, a person may be |
14 | issued a replacement license under section 1951(d) that does not |
15 | contain the ignition interlock system restriction.] |
16 | (1) The department shall not issue an unrestricted |
17 | license until a person has presented all of the following: |
18 | (i) Proof that the person has completed the ignition |
19 | interlock restricted license period as specified under |
20 | this section. |
21 | (ii) Certification by the company that provided the |
22 | ignition interlock device that the person is in |
23 | compliance with subsection (h.2). |
24 | (2) Upon completion of the restricted license |
25 | requirements under this section, if otherwise eligible, a |
26 | person may be issued a replacement license under section |
27 | 1951(d) that does not contain the ignition interlock system |
28 | restriction. |
29 | * * * |
30 | (h.2) Declaration of compliance.--Restrictions imposed under |
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1 | section 1553 (relating to occupational limited license) or 3807 |
2 | (relating to Accelerated Rehabilitative Disposition) shall |
3 | remain in effect until the department receives a declaration |
4 | from the person's ignition interlock device vendor, in a form |
5 | provided or approved by the department, certifying that there |
6 | have been none of the following incidents in the four |
7 | consecutive months prior to the date entered on the certificate: |
8 | (1) An attempt to start the vehicle with a breath |
9 | alcohol concentration of 0.08 or more. |
10 | (2) Failure to take or pass any required retest. |
11 | (3) Failure of the person to appear at the ignition |
12 | interlock device vendor when required for maintenance, |
13 | repair, calibration, monitoring, inspection or replacement of |
14 | the device. |
15 | * * * |
16 | Section 4. Sections 3807(d)(1), (2) and (3) and 3808(c)(1) |
17 | of Title 75 are amended to read: |
18 | § 3807. Accelerated Rehabilitative Disposition. |
19 | * * * |
20 | (d) Mandatory suspension of operating privileges and |
21 | ignition interlock requirement.--As a condition of participation |
22 | in an Accelerated Rehabilitative Disposition program, the court |
23 | shall order the defendant's license suspended as follows: |
24 | [(1) There shall be no license suspension if the |
25 | defendant's blood alcohol concentration at the time of |
26 | testing was less than 0.10%.] |
27 | (2) For [30] 15 days if the defendant's blood alcohol |
28 | concentration at the time of testing was at least [0.10%] |
29 | 0.08% but less than 0.16%, after which the defendant shall |
30 | participate in and comply with the ignition interlock program |
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1 | under section 3805 (relating to ignition interlock) for six |
2 | months. |
3 | (3) For [60] 45 days, after which the defendant shall |
4 | participate in and comply with the ignition interlock program |
5 | under section 3805 for one year, if: |
6 | (i) the defendant's blood alcohol concentration at |
7 | the time of testing was 0.16% or higher; |
8 | (ii) the defendant's blood alcohol concentration is |
9 | not known; |
10 | (iii) an accident which resulted in bodily injury or |
11 | in damage to a vehicle or other property occurred in |
12 | connection with the events surrounding the current |
13 | offense; or |
14 | (iv) the defendant was charged pursuant to section |
15 | 3802(d). |
16 | * * * |
17 | § 3808. Illegally operating a motor vehicle not equipped with |
18 | ignition interlock. |
19 | * * * |
20 | (c) Suspension of operating privilege.--Notwithstanding |
21 | section 3805(c) and (i): |
22 | (1) If a person who is required to only drive, operate |
23 | or be in actual physical control of the movement of a motor |
24 | vehicle equipped with an ignition interlock system violates |
25 | this section, upon receipt of a certified record of the |
26 | conviction, the department shall not issue a replacement |
27 | license to the person under section 1951(d) (relating to |
28 | driver's license and learner's permit) [that does not contain |
29 | an ignition interlock restriction for a period of one year |
30 | from the date of conviction] until the person has complied |
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1 | with the requirements of section 3805. |
2 | * * * |
3 | Section 5. This act shall take effect in 90 days. |
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