(i) A felony of the third degree if the individual
has two [or more] prior offenses [commits a felony of the
third degree].
(ii) A felony of the second degree if the individual
has three or more prior offenses.
* * *
Section 2. Section 3804 of Title 75 is amended by adding
subsections to read:
§ 3804. Penalties.
* * *
(c.2) Consecutive sentence.--A sentence imposed upon an
individual under this section who has two or more prior offenses
shall be served consecutively to any other sentence the
individual is serving and to any other sentence being then
imposed by the court , except for those with which the offense
must merge as a matter of law .
(c.3) Sentencing enhancement.--The Pennsylvania Commission
on Sentencing, under 42 Pa.C.S. § 2154 (relating to adoption of
guidelines for sentencing), shall provide for a sentencing
enhancement for a violation of section 3802(a)(1) where the
individual refused testing of breath or 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 or for a violation of section
3802(c) or (d) and where the individual has four or more prior
offenses.
* * *
Section 3. This act shall take effect in 120 days.
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