JUDICIARY CODE (42 PA.C.S.) - AMEND IGNITION INTERLOCK SYSTEMS
Act of Jun. 22, 2000, P.L. 466, No. 63 Cl. 42
Session of 2000
No. 2000-63
SB 849
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, providing for the use of
ignition interlock systems and for restitution for identity
theft.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 70
IGNITION INTERLOCK DEVICES
Sec.
7001. Definitions.
7002. Ignition interlock systems for driving under the
influence.
7003. Additional driver's license restoration requirements.
§ 7001. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Department." The Department of Transportation of the
Commonwealth.
"Ignition interlock system." A system approved by the
department that prevents a vehicle from being started or
operated unless the operator first provides a breath sample
indicating that the operator has an alcohol level of less than
.025%.
§ 7002. Ignition interlock systems for driving under the
influence.
(a) First offense.--In addition to any other requirements
imposed by the court, where a person has been convicted for a
first offense under 75 Pa.C.S. § 3731 (relating to driving under
influence of alcohol or controlled substance), the court may
order the installation of an approved ignition interlock system
on each motor vehicle owned by the person to be effective upon
the restoration of operating privileges by the department. A
record shall be submitted to the department when the court has
ordered the installation of an approved interlock ignition
device. Before the department may restore such person's
operating privilege, the department must receive a certification
from the court that the ignition interlock system has been
installed.
(b) Second or subsequent offense.--In addition to any other
requirements imposed by the court, where a person has been
convicted of a second or subsequent violation of 75 Pa.C.S. §
3731, the court shall order the installation of an approved
ignition interlock device on each motor vehicle owned by the
person to be effective upon the restoration of operating
privileges by the department. A record shall be submitted to the
department when the court has ordered the installation of an
approved interlock ignition device. Before the department may
restore such person's operating privilege, the department must
receive a certification from the court that the ignition
interlock system has been installed.
(c) Alternative disposition.--For the purpose of this
section, acceptance of Accelerated Rehabilitative Disposition,
an adjudication of delinquency or a consent decree under Chapter
63 (relating to juvenile matters) or any other form of
preliminary disposition of any charge brought under 75 Pa.C.S. §
3731 shall be considered a first conviction.
(d) Department approval.--An ignition interlock system
required to be installed under this section must be a system
which has been approved by the department. The department's
approval of ignition interlock systems shall be published in the
Pennsylvania Bulletin.
§ 7003. Additional driver's license restoration requirements.
In addition to any other requirements established for the
restoration of a person's operating privileges under 75 Pa.C.S.
§ 1548 (relating to requirements for driving under influence
offenders):
(1) Where a person's operating privileges are suspended
for a second or subsequent violation of 75 Pa.C.S. § 3731
(relating to driving under influence of alcohol or controlled
substance), or a similar out-of-State offense, and the person
seeks a restoration of operating privileges, the court shall
certify to the department that each motor vehicle owned by
the person has been equipped with an approved ignition
interlock system.
(2) A person seeking restoration of operating privileges
shall apply to the department for an ignition interlock
restricted license under 75 Pa.C.S. § 1951(d) (relating to
driver's license and learner's permit) which will be clearly
marked to restrict the person to operating only motor
vehicles equipped with an approved interlock ignition system.
(3) During the year immediately following restoration of
the person's operating privilege and thereafter until the
person obtains an unrestricted license, the person shall not
operate any motor vehicle on a highway within this
Commonwealth unless the motor vehicle is equipped with an
approved ignition interlock system.
(4) One year from the date of issuance of an ignition
interlock restricted license under this section, if otherwise
eligible, a person may apply for an additional replacement
license under 75 Pa.C.S. § 1951(d) that does not contain the
ignition interlock system restriction.
(5) A person whose operating privilege is suspended for
a second or subsequent violation of 75 Pa.C.S. § 3731 or a
similar out-of-State offense who does not apply for an
ignition interlock restricted license shall not be eligible
to apply for the restoration of operating privileges for an
additional year after otherwise being eligible for
restoration under paragraph (1).
Section 2. Title 42 is amended by adding a section to read:
§ 9720.1. Restitution for identity theft.
(a) General rule.--The court may, in addition to any other
restitution sentence or order authorized by law, sentence a
person convicted of a violation of 18 Pa.C.S. § 4120 (relating
to identity theft) to make restitution for all reasonable
expenses incurred by the victim or on the victim's behalf:
(1) to investigate theft of the victim's identity;
(2) to bring or defend civil or criminal actions related
to theft of the victim's identity; or
(3) to take other efforts to correct the victim's credit
record or negative credit reports related to theft of the
victim's identity.
(b) Types of expenses.--The types of expenses that may be
recoverable under this section include, but are not limited to:
(1) attorney fees;
(2) fees and costs imposed by credit bureaus, associated
with efforts to correct the victim's credit record or
incurred in private investigations; and
(3) court costs and filing fees.
Section 3. The provisions of 42 Pa.C.S. Ch. 70 shall apply
to all persons convicted of a second or subsequent violation of
75 Pa.C.S. § 3731 on or after the effective date of this
section. Nothing in this act shall prohibit a court from
imposing its own ignition interlock requirements for first
offenders prior to September 30, 2001.
Section 4. This act shall take effect as follows:
(1) The provisions of 42 Pa.C.S. § 9720.1 shall take
effect July 21, 2000.
(2) The provisions of 42 Pa.C.S. § 7002(a) shall take
effect September 30, 2001.
(3) This section shall take effect immediately.
(4) The remainder of this act shall take effect
September 30, 2000, or immediately, whichever is later.
APPROVED--The 22nd day of June, A. D. 2000.
THOMAS J. RIDGE
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