Posted: | January 9, 2013 02:44 PM |
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From: | Senator Timothy J. Solobay |
To: | All Senate members |
Subject: | Alex's Law |
In the near future, I plan on re-introducing legislation that would amend Title 75, the Vehicle Code, pertaining to particular drivers who continue to drive while under suspension. This legislation is entitled “Alex’s Law” in memory of a constituent of mine, Alexzandra Loos. Alexzandra was 15 years old when she was struck and killed by a habitual offender. The driver was under suspension for a DUI, continued to drive, received several driving while under suspension violations and continued driving. At the time of his arrest for causing Alex’s death, the driver had accumulated 17 driving-without-a-license convictions. Although the driver was 32 years old when he hit Alex, he would not have been legally permitted to obtain a driver’s license until he was 65. Sadly this did not stop him from getting behind the wheel. In addition, the driver was operating a vehicle that belonged to a family member who knowingly allowed him to use the vehicle. My legislation would ensure testing of an individual under Section 1543, driving while operating privilege is suspended or revoked. Due to a court decision, the numbering of this subsection disallows its use in a case such as Alex’s unless testing is completed and the individual has a .02% or greater blood alcohol level. But, the current language does not ensure testing. Second, my legislation would strengthen the provisions of Section 1575, Permitting violation of title. This section provides that a person who is guilty of authorizing or knowingly permitting a person who is under suspension to drive his/her vehicle is subject to the conviction of the driver. The amendatory language would provide for impoundment of the vehicle and possible forfeiture of vehicle. Third, this legislation would increase the sentencing for 3732, Homicide by vehicle when a driver commits homicide by vehicle when the operating privilege is suspended as the result of driving under the influence. The increase in penalty will provide that an additional term not to exceed five years’ confinement may be imposed. This legislation was SB567 of the 2011-12 session. Previous cosponsors include: Wozniak, Costa, Boscola, Erickson, Fontana, Hughes, Kasunic, Tartaglione, Waugh, Pippy, Brewster and Farnese. |
Introduced as SB588