PRIOR PRINTER'S NO. 2445
PRINTER'S NO. 2905
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2106
Session of
2021
INTRODUCED BY SCHROEDER, MILLARD, ROZZI, TOPPER AND GILLEN,
NOVEMBER 23, 2021
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, MARCH 30, 2022
AN ACT
Amending Titles 42 (Judiciary and Judicial Procedure) and 75
(Vehicles) of the Pennsylvania Consolidated Statutes, in
sentencing, further providing for sentence of total
confinement; and, in licensing of drivers, further providing
for driving while operating privilege is suspended or
revoked.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 9756 of Title 42 of the Pennsylvania
Consolidated Statutes is amended by adding a subsection to read:
§ 9756. Sentence of total confinement.
* * *
(c.2) Determinate sentence.--The court may impose a
determinate sentence for a violation under 75 Pa.C.S. (relating
to vehicles) when a summary offense is charged and the maximum
sentence of total confinement imposed is 90 days or less.
NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PRECLUDE AN
OTHERWISE ELIGIBLE DEFENDANT FOR WORK RELEASE OR PREVENT A JUDGE
FROM SENTENCING A DEFENDANT TO COUNTY INTERMEDIATE PUNISHMENT.
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Section 2. Section 1543(b)(1)(i) and (ii) and (1.1)(i) of
Title 75 are amended to read:
§ 1543. Driving while operating privilege is suspended or
revoked.
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(b) Certain offenses.--
(1) The following shall apply:
(i) A person who drives a motor vehicle on a highway
or trafficway of this Commonwealth at a time when the
person's operating privilege is suspended or revoked as a
condition of acceptance of Accelerated Rehabilitative
Disposition for a violation of section 3802 (relating to
driving under influence of alcohol or controlled
substance) or the former section 3731, because of a
violation of section 1547(b)(1) (relating to suspension
for refusal) or 3802 or former section 3731 or is
suspended under section 1581 (relating to Driver's
License Compact) for an offense substantially similar to
a violation of section 3802 or former section 3731 shall,
upon a first conviction, be guilty of a summary offense
and shall be sentenced to pay a fine of $500 and to
undergo imprisonment for [a period of not less than] 60
days [nor more than 90 days].
(ii) A second violation of this paragraph shall
constitute a summary offense and, upon conviction of this
paragraph, a person shall be sentenced to pay a fine of
$1,000 and to undergo imprisonment for [not less than] 90
days.
* * *
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(1.1) (i) A person who has an amount of alcohol by
weight in his blood that is equal to or greater than .02%
at the time of testing or who at the time of testing has
in his blood any amount of a Schedule I or nonprescribed
Schedule II or III controlled substance, as defined in
the act of April 14, 1972 (P.L.233, No.64), known as The
Controlled Substance, Drug, Device and Cosmetic Act, or
its metabolite or who refuses testing of blood or breath
and who drives a motor vehicle on any highway or
trafficway of this Commonwealth at a time when the
person's operating privilege is suspended or revoked as a
condition of acceptance of Accelerated Rehabilitative
Disposition for a violation of section 3802 or former
section 3731 or because of a violation of section 1547(b)
(1) or 3802 or former section 3731 or is suspended under
section 1581 for an offense substantially similar to a
violation of section 3802 or former section 3731 shall,
upon a first conviction, be guilty of a summary offense
and shall be sentenced to pay a fine of $1,000 and to
undergo imprisonment for [a period of not less than] 90
days.
* * *
Section 3. This act shall take effect in 60 days.
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