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PRINTER'S NO. 590
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
553
Session of
2017
INTRODUCED BY RAFFERTY, MARCH 24, 2017
REFERRED TO TRANSPORTATION, MARCH 24, 2017
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in licensing of drivers, further providing for
chemical testing to determine amount of alcohol or controlled
substance; and, in driving after imbibing alcohol or
utilizing drugs, further providing for penalties and for
ignition interlock.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1547(a), (b) and (b.1) of Title 75 of the
Pennsylvania Consolidated Statutes, amended May 25, 2016
(P.L.236, No.33), is amended and the section is amended by
adding subsections to read:
§ 1547. Chemical testing to determine amount of alcohol or
controlled substance.
(a) General rule.--Any person who drives, operates or is in
actual physical control of the movement of a vehicle in this
Commonwealth shall be deemed to have given consent to one or
more chemical tests of breath or blood for the purpose of
determining the alcoholic content of blood or the presence of a
controlled substance if a police officer has reasonable grounds
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to believe the person to have been driving, operating or in
actual physical control of the movement of a vehicle[:
(1)] in violation of section 1543(b)(1.1) (relating to
driving while operating privilege is suspended or revoked),
3802 (relating to driving under influence of alcohol or
controlled substance) or 3808(a)(2) (relating to illegally
operating a motor vehicle not equipped with ignition
interlock)[; or
(2) which was involved in an accident in which the
operator or passenger of any vehicle involved or a pedestrian
required treatment at a medical facility or was killed].
(b) [Suspension] Civil penalties for refusal.--
(1) If any person placed under arrest for a violation of
section 3802 is requested to submit to chemical testing and
refuses to do so, the testing shall not be conducted but upon
notice by the police officer, the department shall suspend
the operating privilege of the person as follows:
(i) Except as set forth in subparagraph (ii), for a
period of 12 months.
(ii) For a period of 18 months if any of the
following apply:
(A) The person's operating privileges have
previously been suspended under this subsection.
(B) The person has, prior to the refusal under
this paragraph, been sentenced for:
(I) an offense under section 3802;
(II) an offense under former section 3731;
(III) an offense equivalent to an offense
under subclause (I) or (II); or
(IV) a combination of the offenses set forth
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in this clause.
(2) It shall be the duty of the police officer to inform
the person that:
(i) the person's operating privilege will be
suspended upon refusal to submit to chemical testing and
the person will be fined up to $2,000; and
(ii) if the person refuses to submit to chemical
breath testing, upon conviction or plea for violating
section 3802(a)(1), the person will be subject to the
penalties provided in section 3804(c) (relating to
penalties).
(3) Any person whose operating privilege is suspended
under the provisions of this section shall have the same
right of appeal as provided for in cases of suspension for
other reasons.
(b.1) Other [suspension] civil penalties for refusal.--
(1) If any person placed under arrest for a violation of
section 1543(b)(1.1) or 3808(a)(2) is requested to submit to
chemical testing and refuses to do so, the testing shall not
be conducted; but, upon notice by the police officer and
provided no suspension is imposed pursuant to subsection (b),
the department shall suspend the operating privilege of the
person for a period of six months.
(2) It shall be the duty of the police officer to inform
the person that the person's operating privileges will be
suspended upon refusal to submit to chemical testing and the
person will be fined up to $2,000.
(3) Notwithstanding section 3805(c) (relating to
ignition interlock), if any person receives a suspension
pursuant to this subsection who at the time of the offense
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was required to comply with the provisions of section 3805
prior to obtaining a replacement license under section
1951(d) (relating to driver's license and learner's license)
that does not contain an ignition interlock restriction, the
suspension imposed pursuant to this subsection shall result
in the recall of any ignition interlock restricted license
previously issued and the driver shall surrender the ignition
interlock restricted license to the department or its agents
designated under the authority of section 1540 (relating to
surrender of licenses) and, prior to the issuance of a
replacement license under section 1951(d) that does not
contain an ignition interlock restriction, the department
shall require that the person comply with the provisions of
section 3805.
(b.2) Fines.--
(1) A person whose operating privilege has been
suspended in accordance with subsection (b) or (b.1) shall:
(i) Except as provided in subparagraph (ii) or
(iii), pay a fine of $500.
(ii) If the department has previously suspended the
person's operating privilege under this section on one
other occasion, pay a fine of $1,000.
(iii) If the department has previously suspended the
person's operating privilege under this section on two or
more occasions, pay a fine of $2,000.
(2) All fines imposed under this section must be paid
prior to the reinstatement of an individual's operating
privilege.
(b.3) Limitation.--Nothing in this section shall be
construed as limiting the ability of law enforcement to obtain
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chemical testing pursuant to a valid search warrant, court order
or any other basis permissible by the Constitution of the United
States and the Constitution of Pennsylvania.
* * *
Section 2. Section 3804(c) of Title 75 is amended to read:
§ 3804. Penalties.
* * *
(c) Incapacity; highest blood alcohol; controlled
substances.--An individual who violates section 3802(a)(1) and
refused testing of [blood or] breath under section 1547
(relating to chemical testing to determine amount of alcohol or
controlled substance) or testing of blood pursuant to a valid
search warrant or an individual who violates section 3802(c) or
(d) shall be sentenced as follows:
(1) For a first offense, to:
(i) undergo imprisonment of not less than 72
consecutive hours;
(ii) pay a fine of not less than $1,000 nor more
than $5,000;
(iii) attend an alcohol highway safety school
approved by the department; and
(iv) comply with all drug and alcohol treatment
requirements imposed under sections 3814 and 3815.
(2) For a second offense, to:
(i) undergo imprisonment of not less than 90 days;
(ii) pay a fine of not less than $1,500;
(iii) attend an alcohol highway safety school
approved by the department; and
(iv) comply with all drug and alcohol treatment
requirements imposed under sections 3814 and 3815.
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(3) For a third or subsequent offense, to:
(i) undergo imprisonment of not less than one year;
(ii) pay a fine of not less than $2,500; and
(iii) comply with all drug and alcohol treatment
requirements imposed under sections 3814 and 3815.
* * *
Section 3. Section 3805(a.1) of Title 75, added May 25, 2016
(P.L.236, No.33), is amended to read:
§ 3805. Ignition interlock.
* * *
(a.1) Exception.--Subsection (a) shall not apply to an
individual who meets all of the following:
(1) Is subject to the penalties under section 3804(a)(1)
(relating to penalties)[.] or subject to mandatory suspension
of operating privilege under section 3807(d) (relating to
Accelerated Rehabilitative Disposition).
(2) Has not had a prior offense, as defined under
section 3806 (relating to prior offenses).
* * *
Section 2. This act shall take effect immediately.
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