Regular Session 2021-2022 Senate Bill 1031 P.N. 1377

PRIOR PRINTER'S NO. 1339

PRINTER'S NO. 1377

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1031

Session of

2022

INTRODUCED BY PHILLIPS-HILL, LANGERHOLC, SCHWANK, STEFANO AND

BREWSTER, JANUARY 24, 2022

SENATOR LANGERHOLC, TRANSPORTATION, AS AMENDED, FEBRUARY 7, 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; in licensing of drivers, further providing for

driving while operating privilege is suspended or revoked and

for ignition interlock limited license; and, in driving after

imbibing alcohol or utilizing drugs, further providing for

ignition interlock and for Accelerated Rehabilitative

Disposition.

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.--A court may impose a

determinate sentence under 75 Pa.C.S. (relating to vehicles)

where the violation is graded as a summary offense and the

maximum sentence of total confinement is 90 days or less.

* * *

Section 2. Sections 1543(b)(1)(i) and (ii) and (1.1)(i) and

<--

1556(b)(1) and (2) of Title 75 are amended to read:

§ 1543. Driving while operating privilege is suspended or

revoked.

* * *

(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.

* * *

(1.1) (i) A person who has an amount of alcohol by

weight in his blood that is equal to or greater than .02%

20220SB1031PN1377 - 2 -

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] who refuses testing of breath under section 1547

(relating to chemical testing to determine amount of

alcohol or controlled substance) or chemical testing of

blood 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, 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.

* * *

§ 1556. Ignition interlock limited license.

* * *

(b) Petition.--

(1) An applicant for an ignition interlock limited

20220SB1031PN1377 - 3 -

license shall file a petition with the department, by

certified mail, on a form prescribed by the department.[, and

shall include proof that an approved ignition interlock

system, as defined in section 3801, has been installed in one

or more motor vehicles that the applicant seeks permission to

operate.] The petition shall include proof of financial

responsibility covering each vehicle the applicant requests

to be permitted to operate. Upon approval of the petition,

the ignition interlock system shall be installed in any motor

vehicle to be operated by the applicant, and proof of

installation shall be provided by the ignition interlock

device vendor.

(2) [The petition shall also include proof of financial

responsibility covering each vehicle the applicant requests

to be permitted to operate.] The department shall promulgate

regulations to require additional information as well as

additional evidence to verify the information contained in

the petition.

* * *

Section 3. Section 3805 of Title 75 is amended by adding a

subsection to read:

§ 3805. Ignition interlock.

* * *

(h.3) Notice to department.--If a violation under subsection

(h.2)(1), (2) or (3) occurs in the two consecutive months prior

to the date entered on the certificate, the vendor shall notify

the department as to the violation on a form designated by the

department, and the department shall notify the person of the

violation and that ignition interlock device usage shall

continue until no violations have occurred within a 60-day

20220SB1031PN1377 - 4 -

period.

* * *

Section 4. Section 3807(a) of Title 75 is amended by adding

a paragraph to read:

§ 3807. Accelerated Rehabilitative Disposition.

(a) Eligibility.--

* * *

(2.1) Notwithstanding the procedures for Accelerated

Rehabilitative Disposition for other crimes, the attorney for

the Commonwealth may not submit a charge brought under this

chapter for Accelerated Rehabilitative Disposition unless all

of the following apply:

(i) The defendant admits that the Commonwealth's

evidence would prove the elements beyond a reasonable

doubt under section 3802.

(ii) The defendant agrees that the defendant's

admission may be used as a prior conviction for the

purpose of increasing the grading and penalty of any

subsequent offense under this title.

(iii) The defendant knowingly and voluntarily waives

the defendant's right to challenge the use of the

Accelerated Rehabilitative Disposition as a prior

conviction for the purpose of enhancing the grading and

sentencing of any subsequent offense under this title.

* * *

Section 5 4. This act shall take effect as follows:

(1) The amendment or addition of 75 Pa.C.S. §§ 1556(b)

(1) and (2) and 3805(h.3) shall take effect in 11 months.

(2) The remainder of this act shall take effect

immediately.

20220SB1031PN1377 - 5 -

<--