Trial Engrossment of Amendment A06689 to Senate Bill 290 P.N. 1627, Regular Session 2015-2016

HOUSE AMENDED

A06689

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

290

Session of

2015

INTRODUCED BY RAFFERTY, SMUCKER, SCARNATI, GREENLEAF,

VULAKOVICH, AUMENT, VANCE, STACK, TEPLITZ, SCHWANK, BLAKE,

DINNIMAN, PILEGGI AND ARGALL, JANUARY 16, 2015

AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF

REPRESENTATIVES, MARCH 21, 2016

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, in general provisions, further providing for

definitions; in licensing of drivers, further providing for

chemical testing to determine amount of alcohol or controlled

substance and for occupational limited license and providing

for ignition interlock limited license; and, in driving after

imbibing alcohol or utilizing drugs, further providing for

ignition interlock, for prior offenses and for the offense of

illegally operating a motor vehicle not equipped with

ignition interlock.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 102 of Title 75 of the Pennsylvania

Consolidated Statutes is amended by adding a definition to read:

§ 102. Definitions.

Subject to additional definitions contained in subsequent

provisions of this title which are applicable to specific

provisions of this title, the following words and phrases when

used in this title shall have, unless the context clearly

indicates otherwise, the meanings given to them in this section:

* * *

"Ignition interlock limited license." A driver's license

issued to an individual whose operating privilege is suspended

or revoked for one or more violations of section 1547 (relating

to chemical testing to determine amount of alcohol or controlled

substance) or , 3802 (relating to driving under influence of

alcohol or controlled substance) or under former section 3731

(relating to driving under influence of alcohol or controlled

substance) or a violation substantially similar to a violation

under 3802 or former section 3731 in another jurisdiction.

requiring the individual to operate only motor vehicles equipped

with a functioning ignition interlock system.

* * *

Section 2. Sections 1547(a), (c) introductory paragraph, (2)

and (3), (g.1), (h), (i) and (j) and 1553(a)(1), (d)(6), (7) and

(8), (d.1) and (d.2) of Title 75 are amended to read:

§ 1547. Chemical testing to determine amount of alcohol or

controlled substance.

(a) General rule.--Any person who drives, operates or is in

actual physical control of the movement of a vehicle in this

Commonwealth shall be deemed to have given consent to one or

more chemical tests of breath[, blood or urine] or blood for the

purpose of determining the alcoholic content of blood or the

presence of a controlled substance if a police officer has

reasonable grounds to believe the person to have been driving,

operating or in actual physical control of the movement of a

vehicle:

(1) in violation of section 1543(b)(1.1) (relating to

driving while operating privilege is suspended or revoked),

3802 (relating to driving under influence of alcohol or

A06689 - 2 -

controlled substance) or 3808(a)(2) (relating to illegally

operating a motor vehicle not equipped with ignition

interlock); or

(2) which was involved in an accident in which the

operator or passenger of any vehicle involved or a pedestrian

required treatment at a medical facility or was killed.

* * *

proceeding or criminal proceeding in which the defendant is

charged with a violation of section 3802 or any other violation

of this title arising out of the same action, the amount of

alcohol or controlled substance in the defendant's blood, as

shown by chemical testing of the person's breath[, blood or

urine] or blood, which tests were conducted by qualified persons

using approved equipment, shall be admissible in evidence.

* * *

(2) (i) Chemical tests of blood [or urine], if

conducted by a facility located in this Commonwealth,

shall be performed by a clinical laboratory licensed and

approved by the Department of Health for this purpose

using procedures and equipment prescribed by the

Department of Health or by a Pennsylvania State Police

criminal laboratory. For purposes of blood [and urine]

testing, qualified person means an individual who is

authorized to perform those chemical tests under the act

of September 26, 1951 (P.L.1539, No.389), known as The

Clinical Laboratory Act.

(ii) For purposes of blood [and urine] testing to

determine blood alcohol or controlled substance content

levels, the procedures and equipment prescribed by the

A06689 - 3 -

Department of Health shall be reviewed within 120 days of

the effective date of this subparagraph and at least

every two years thereafter to ensure that consideration

is given to scientific and technological advances so that

testing conducted in accordance with the prescribed

procedures utilizing the prescribed equipment will be as

accurate and reliable as science and technology permit.

(3) Chemical tests of blood [or urine], if conducted by

a facility located outside this Commonwealth, shall be

performed:

(i) by a facility licensed and approved by the

Department of Health for this purpose; or

(ii) by a facility licensed to conduct the tests by

the state in which the facility is located and licensed

pursuant to the Clinical Laboratory Improvement

Amendments of 1988 (Public Law 100-578, 102 Stat. 2903).

* * *

(g.1) Cost of testing.--The cost of chemical testing,

including the drawing of blood [and urine], performed under this

section shall be paid as follows:

(1) By the individual tested, if the individual was

convicted of or placed into any preadjudication program or

adjudicated delinquent for a violation of section 3802.

(2) By the requesting authority, if the individual was

found not guilty under section 3802 or had the charges

dismissed or withdrawn.

(h) Test by personal physician.--The person tested shall be

permitted to have a physician of his own choosing administer an

additional breath[, blood or urine] or blood chemical test and

the results of the test shall also be admissible in evidence.

A06689 - 4 -

The chemical testing given at the direction of the police

officer shall not be delayed by a person's attempt to obtain an

additional test.

(i) Request by driver for test.--Any person involved in an

accident or placed under arrest for a violation of section

1543(b)(1.1), 3802 or 3808(a)(2) may request a chemical test of

his breath[, blood or urine] or blood. Such requests shall be

honored when it is reasonably practicable to do so.

(j) Immunity from civil liability and reports.--No

physician, nurse or technician or hospital employing such

physician, nurse or technician, and no other employer of such

physician, nurse or technician shall be civilly liable for

withdrawing blood [or obtaining a urine sample] and reporting

test results to the police at the request of a police officer

pursuant to this section. No physician, nurse or technician or

hospital employing such physician, nurse or technician may

administratively refuse to perform such tests and provide the

results to the police officer except as may be reasonably

expected from unusual circumstances that pertain at the time the

request is made.

* * *

§ 1553. Occupational limited license.

(a) Issuance.--

(1) The department shall issue an occupational limited

license under the provisions of this section to a driver

whose operating privileges have been suspended for a

violation of this title, except for an offense under section

3802 (relating to driving under influence of alcohol or

controlled substance) or under former section 3731 (relating

to driving under influence of alcohol or controlled

A06689 - 5 -

substance) or for a refusal to submit to chemical testing

under section 1547 (relating to chemical testing to determine

amount of alcohol or controlled substance), and is not

prohibited under any other provision in this section. If the

underlying reason for the suspension was caused by violations

committed while the driver was operating a commercial motor

vehicle, the driver shall not be issued an occupational

limited license for the purpose of operating a commercial

motor vehicle. The department shall prohibit the issuance of

an occupational limited license when disqualified from doing

so under the Commercial Motor Vehicle Safety Act of 1986

(Title XII of Public Law 99-570, 49 U.S.C. App. § 2701 et

seq.) or the Motor Carrier Safety Improvement Act of 1999

(Public Law 106-159, 113 Stat. 1748).

* * *

(d) Unauthorized issuance.--The department shall prohibit

issuance of an occupational limited license to:

* * *

[(6) Any person who has been adjudicated delinquent,

granted a consent decree or granted Accelerated

Rehabilitative Disposition for driving under the influence of

alcohol or controlled substance unless the suspension or

revocation imposed for that conviction has been fully served.

(7) Any person whose operating privilege has been

suspended for refusal to submit to chemical testing to

determine the amount of alcohol or controlled substance

unless that suspension has been fully served.

(8) Except as set forth in subsections (d.1) and (d.2),

any person who has been convicted of driving under the

influence of alcohol or controlled substance and whose

A06689 - 6 -

license has been suspended by the department unless the

suspension imposed has been fully served.]

* * *

[(d.1) Adjudication eligibility.--An individual who has been

convicted of an offense under section 3802 (relating to driving

under influence of alcohol or controlled substance) and does not

have a prior offense as defined in section 3806(a) (relating to

prior offenses) shall be eligible for an occupational limited

license only if the individual has served 60 days of the

suspension imposed for the offense.

(d.2) Suspension eligibility.--

(1) An individual whose license has been suspended for a

period of 18 months under section 1547(b)(1)(ii) (relating to

chemical testing to determine amount of alcohol or controlled

substance) or 3804(e)(2)(ii) (relating to penalties) shall

not be prohibited from obtaining an occupational limited

license under this section if the individual:

(i) is otherwise eligible for restoration;

(ii) has served 12 months of the suspension imposed

for the offense;

(iii) has no more than one prior offense as defined

in section 3806(b);

(iv) only operates a motor vehicle equipped with an

ignition interlock system as defined in section 3801

(relating to definitions); and

(v) has certified to the department under paragraph

(3).

(2) A period of ignition interlock accepted under this

subsection shall not count towards the one-year mandatory

period of ignition interlock imposed under section 3805

A06689 - 7 -

(relating to ignition interlock).

(3) If an individual seeks an occupational limited

license under this subsection, the department shall require

that each motor vehicle owned or registered to the person has

been equipped with an ignition interlock system as defined in

section 3801 as a condition of issuing an occupational

limited license with an ignition interlock restriction.]

* * *

Section 3. Title 75 is amended by adding a section to read:

§ 1556. Ignition interlock limited license.

(a) Issuance.--

(1) The department shall issue an ignition interlock

limited license under this section to an individual whose

operating privileges have been suspended or revoked for:

(i) a violation under section 3802 (relating to

driving under influence of alcohol or controlled

substance) or under former section 3731 (relating to

driving under influence of alcohol or controlled

substance) or a violation substantially similar to a

violation under this paragraph in another jurisdiction ;

(ii) a refusal to submit to chemical testing under

section 1547 (relating to chemical testing to determine

amount of alcohol or controlled substance) .

(2) The department shall issue an ignition interlock

limited license under the provisions of this section only

upon receiving proof that one motor vehicle owned, leased or

principally operated by the person, whichever the person most

often operates, any motor vehicle to be operated by the

individual has been equipped with an approved ignition

A06689 - 8 -

interlock system as defined in section 3801 (relating to

definitions) as a condition of issuing an ignition interlock

limited license. Any vehicle to be operated by the

individual, during any period in which the individual holds a

valid ignition interlock limited license, must be equipped

with an ignition interlock system.

(3) An ignition interlock limited license issued under

the provisions of this section permits an individual to

operate motor vehicles equipped with a functioning ignition

interlock system, as defined in section 3801.

(4) Any period in which an individual holds a valid

ignition interlock limited license under this section shall

be counted toward satisfaction of any mandatory period of

ignition interlock use imposed under section 3805 (relating

to ignition interlock) arising from the same incident.

(b) Petition.--

(1) An applicant for an ignition interlock limited

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.

(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.

(3) The applicant shall surrender the applicant's

A06689 - 9 -

driver's license in accordance with section 1540 (relating to

surrender of license). If the applicant's driver's license

has been lost or stolen, the applicant shall submit an

application for a replacement license, along with the proper

fee. If the applicant is a nonresident licensed driver, the

applicant shall submit an acknowledgment of suspension in

lieu of a driver's license. If the applicant's license has

expired, the applicant shall submit an application for

renewal, along with the appropriate fee. All fines, costs and

restoration fees must be paid at the time of petition.

(4) Consistent with the provisions of this section, if

the applicant is qualified, the department shall issue an

ignition interlock limited license within 20 days of receipt

of the petition and all other requirements for issuance.

limited license shall be $65. This fee shall be nonrefundable .

(d) Unauthorized issuance.--The department shall prohibit

issuance of an ignition interlock limited license to:

(1) Any individual who is not licensed to drive by the

Commonwealth or any other state.

(2) Any individual who is required by this title to take

an examination and who has failed to take and pass the

examination.

(3) Any individual whose operating privilege has been

recalled or canceled.

(4) Any individual who has an unsatisfied judgment

against the individual as the result of a motor vehicle

operation, until the judgment has been satisfied under the

provisions of section 1774 (relating to payments sufficient

to satisfy judgments) or an installment agreement has been

A06689 - 10 -

entered into to satisfy the judgment, as permitted under

section 1772(b) (relating to suspension for nonpayment of

judgments) or 1775 (relating to installment payment of

judgments), and the financial responsibility of the person

has been established.

(5) Any individual applying for an ignition interlock

limited license to operate a commercial motor vehicle.

(6) Any individual if the department is disqualified

from issuing the ignition interlock limited license under the

Commercial Motor Vehicle Safety Act of 1986 (Title XII of

Public Law 99-570, 49 U.S.C. § 31302 et seq.) or the Motor

Carrier Safety Improvement Act of 1999 (Public Law 106-159,

113 Stat. 1748).

(7) Any individual whose operating privilege has been

suspended under section 1532(a.1) (relating to suspension of

operating privilege) for conviction or adjudication of

delinquency based on a violation of section 3732 (relating to

homicide by vehicle) or 3735 (relating to homicide by vehicle

while driving under influence).

(e) Adjudication eligibility.--An individual whose operating

privilege has been suspended or revoked for a conviction of an

offense under section 3802 or under former section 3731 or an

offense substantially similar to an offense under section 3802

or former section 3731 in another jurisdiction shall be eligible

to apply for and, if otherwise qualified, be issued an ignition

interlock limited license upon receipt of notice of the

suspension or revocation .

(f) Suspension eligibility.--The following shall apply:

(1) An individual whose license has been suspended under

section 1547(b) shall be eligible to apply for and, if

A06689 - 11 -

otherwise qualified, be issued an ignition interlock limited

license under this section if the individual:

(i) has served six months of the suspension imposed

under section 1547(b)(1)(i); or

(ii) has served nine months of the suspension

imposed under section 1547(b)(1)(ii).

(2) An individual whose license has been suspended under

section 3804(e) (relating to penalties) shall be eligible to

apply for and, if otherwise qualified, be issued an ignition

interlock limited license under this section if the

individual:

(i) has not had a prior offense, as defined under

section 3806(a) 3806 (relating to prior offenses) , within

the past 10 years . The individual shall be immediately

eligible for a suspension imposed under section 3804(e)

(2)(i);

(ii) has served six months of the suspension imposed

under section 3804(e)(2)(i); or

(iii) has served nine months of the suspension

imposed under section 3804(e)(2)(ii).

(g) Credit against mandatory ignition interlock

requirement.--Any period during which an individual holds a

valid ignition interlock limited license under subsection (e) or

(f) shall be counted toward satisfaction of Duration.--An

individual may hold a valid ignition interlock limited license

under this section for the duration of the mandatory period of

ignition interlock usage imposed under section 3805 arising from

the same incident.

(h) Certification to the department.--If an individual

applies for an ignition interlock limited license under this

A06689 - 12 -

section, the department shall require that one motor vehicle

owned, leased or principally operated by the person, whichever

the person most often operates, be equipped with a functioning

ignition interlock system, as defined in section 3801, as a

condition of issuing an ignition interlock limited license with

an ignition interlock restriction.

(h) Required proof.--The department shall issue an ignition

interlock limited license under the provisions of this section

only upon receiving proof that any motor vehicle to be operated

by the individual has been equipped with an approved ignition

interlock system as defined in section 3801 as a condition of

issuing an ignition interlock limited license. Any vehicle to be

operated by the individual, during any period in which the

individual holds a valid ignition interlock limited license,

must be equipped with an ignition interlock system.

(i) Offenses committed reported during a period for which an

ignition interlock limited license has been issued.--If the

department receives a report of conviction of an offense for

which the penalty is a cancellation, disqualification, recall,

suspension or revocation of operating privileges or a report

under section 3815(c)(4) (relating to mandatory sentencing) for

any individual who has been issued an ignition interlock limited

license, the department, at its sole discretion, shall either:

(1) extend the term of the ignition interlock limited

license for up to the original term for which the driver's

license was suspended or revoked; or

(2) recall the ignition interlock limited license, and

the individual shall surrender the limited license to the

department or its agents designated under the authority of

section 1540.

A06689 - 13 -

(j) Restrictions.--

(1) Pursuant to subsection (a)(2), an individual who has

been issued an ignition interlock limited license shall

operate only motor vehicles equipped with a functioning

ignition interlock system, as defined in section 3801.

(2) The operating privileges of an individual who has

been issued an ignition interlock limited license remain

under suspension or revocation, except when operating a motor

vehicle in accordance with the conditions of issuance and

restrictions of the ignition interlock limited license.

(k) Employment exemption.--If a person with an ignition

interlock limited license is required in the course and scope of

employment to drive, operate or be in actual physical control of

the movement of a motor vehicle owned by the person's employer,

the following apply:

(1) except as set forth in paragraph (2), the person may

drive, operate or be in actual physical control of the

movement of that motor vehicle in the course and scope of

employment without installation of an ignition interlock

system if:

(i) the employer has been notified that the employee

is restricted; and

(ii) the employee has proof of the notification in

the employee's possession while driving, operating or

being in actual physical control of the movement of the

employer's motor vehicle. Proof of the notification may

be established only by the notarized signature of the

employer acknowledging notification on a form which shall

be provided by the department for this purpose and shall

include a contact telephone number of the employer.

A06689 - 14 -

(2) Paragraph (1) does not apply in any of the following

circumstances:

(i) To the extent that an employer-owned motor

vehicle is made available to the employee for personal

use.

(ii) If the employer-owned motor vehicle is owned by

an entity which is wholly or partially owned or

controlled by the person subject to this section.

(iii) If the employer-owned motor vehicle is a

school bus, a school vehicle or a vehicle designed to

transport more than 15 passengers, including the driver.

(k) (l) Appeal from denial or recall of ignition interlock

limited license.--

(1) Any individual who is denied an ignition interlock

limited license or whose ignition interlock limited license

is extended or recalled under subsection (i) may file with

the department a petition for a hearing. The hearing shall be

conducted in accordance with 2 Pa.C.S. (relating to

administrative law and procedure).

(2) The department may charge a reasonable fee based on

the cost to the department for conducting the hearing.

(3) The appeal shall not operate as an automatic

supersedeas. If an administrative hearing officer orders a

supersedeas in any appeal, the individual shall earn no

credit toward serving the suspension for which the individual

was granted an ignition interlock limited license.

(4) An appeal from a decision of an administrative

hearing officer may be taken in the manner provided in 42

Pa.C.S. § 763(a) (relating to direct appeals from government

agencies).

A06689 - 15 -

(5) Appeals under this subsection are exempt from the

provisions of section 1550(b) (relating to judicial review)

and from the provisions of 42 Pa.C.S. § 933 (relating to

appeals from government agencies).

Section 4. Section 3805(a), (b) and (c), (C) AND (F)(2)(II)

of Title 75 are amended and the section is amended by adding a

subsection to read:

§ 3805. Ignition interlock.

(a) General rule.--[If] Except as provided under subsection

(a.1), if a person violates section 3802 (relating to driving

under influence of alcohol or controlled substance) [and, within

the past ten years, has a prior offense as defined in section

3806(a) (relating to prior offenses)], except if the individual

is subject to the penalties under section 3804(a) 3804(A)(1)

(relating to penalties), has not had a prior offense, as defined

under section 3806(a) (relating to prior offenses), within the

past 10 years, or has had their operating privileges suspended

pursuant to section [1547(b.1)] 1547 (relating to chemical

testing to determine amount of alcohol or controlled substance)

or 3808(c) (relating to illegally operating a motor vehicle not

equipped with ignition interlock) and the person seeks a

restoration of operating privileges, the department shall

require as a condition of issuing a restricted license pursuant

to this section that the following occur:

(1) [Each motor vehicle owned by the person or

registered to the person] One motor vehicle owned, leased or

principally operated by the person, whichever the person most

often operates, Any motor vehicle to be operated by the

individual has been equipped with an ignition interlock

system and remains so for the duration of the restricted

A06689 - 16 -

license period.

(2) If there are no motor vehicles owned or to be

operated by the person or registered to the person that the

person so certify to the department in accordance with the

department's regulations. [A person so certifying shall be

deemed to have satisfied the requirement that all motor

vehicles owned by the person or registered to the person be

equipped with an ignition interlock system as required by

this subsection.]

(a.1) Exception.--Subsection (a) shall not apply to an

individual who meets all of the following:

(1) Is subject to the penalties under section 3804(a)(1)

(relating to penalties).

(2) Has not had a prior offense, as defined under

section 3806 (relating to prior offenses).

(b) Application for a restricted license.--A person subject

to this section shall apply to the department for an ignition

interlock restricted license under section 1951 (relating to

driver's license and learner's permit), which shall be clearly

marked to restrict the person to only driving, operating or

being in actual physical control of the movement of motor

vehicles equipped with an ignition interlock system. Upon

issuance of an ignition interlock restricted license to any

person, the department shall notify the person that until the

person obtains an unrestricted license the person may not [own,

the movement of any motor vehicle which is not equipped with an

ignition interlock system.

date of issuance of an ignition interlock restricted license

A06689 - 17 -

under this section, if otherwise eligible, a person may be

issued a replacement license under section 1951(d) that does not

contain the ignition interlock system restriction. The

department shall not issue an unrestricted license until a

person has presented all of the following:

(1) Proof that the person has completed the ignition

interlock restricted license period under this section.

(2) Certification by the company vendor that provided

the ignition interlock device that the person has complied

with subsection (h.2).

* * *

(F) EMPLOYMENT EXEMPTION.--IF A PERSON WITH A RESTRICTED

LICENSE IS REQUIRED IN THE COURSE AND SCOPE OF EMPLOYMENT TO

DRIVE, OPERATE OR BE IN ACTUAL PHYSICAL CONTROL OF THE MOVEMENT

OF A MOTOR VEHICLE OWNED BY THE PERSON'S EMPLOYER, THE FOLLOWING

APPLY:

* * *

(2) PARAGRAPH (1) DOES NOT APPLY IN ANY OF THE FOLLOWING

CIRCUMSTANCES:

* * *

(II) IF THE EMPLOYER-OWNED MOTOR VEHICLE IS OWNED BY

AN ENTITY WHICH IS WHOLLY OR PARTIALLY OWNED OR

CONTROLLED BY THE PERSON SUBJECT TO THIS SECTION.

* * *

(h.2) Declaration of compliance.--Restrictions imposed under

section 1556 (relating to ignition interlock limited license)

shall remain in effect until the department receives a

declaration from the person's ignition interlock device vendor,

in a form provided or approved by the department, certifying

that the following incidents have not occurred in the two

A06689 - 18 -

consecutive months prior to the date entered on the certificate:

(1) An attempt to start the vehicle with a breath

alcohol concentration of 0.08% or more, not followed within

five minutes by a subsequent attempt with a breath alcohol

concentration lower than 0.08%.

(2) Failure to take or pass any required retest.

(3) Failure of the person to appear at the ignition

interlock system vendor when required for maintenance,

repair, calibration, monitoring, inspection or replacement of

the device such that the ignition interlock system no longer

functions as required under subsection (h).

* * *

Section 5. Section 3806 of Title 75 is amended to read:

§ 3806. Prior offenses.

(a) General rule.--Except as set forth in subsection (b),

the term "prior offense" as used in this chapter shall mean [a]

any conviction for which judgment of a sentence has been

imposed, adjudication of delinquency, juvenile consent decree,

acceptance of Accelerated Rehabilitative Disposition or other

form of preliminary disposition before the sentencing on the

present violation for any of the following:

(1) an offense under section 3802 (relating to driving

under influence of alcohol or controlled substance);

(2) an offense under former section 3731;

(3) an offense substantially similar to an offense under

paragraph (1) or (2) in another jurisdiction; or

(4) any combination of the offenses set forth in

paragraph (1), (2) or (3).

(b) [Repeat offenses within ten years] Timing.--[The

calculation of prior offenses for purposes of sections 1553(d.2)

A06689 - 19 -

(relating to occupational limited license), 3803 (relating to

grading) and 3804 (relating to penalties) shall include any

conviction, whether or not judgment of sentence has been imposed

for the violation, adjudication of delinquency, juvenile consent

decree, acceptance of Accelerated Rehabilitative Disposition or

other form of preliminary disposition within the ten years

before the sentencing on the present violation for any of the

following:

(1) an offense under section 3802;

(2) an offense under former section 3731;

(3) an offense substantially similar to an offense under

paragraph (1) or (2) in another jurisdiction; or

(4) any combination of the offenses set forth in

paragraph (1), (2) or (3).]

(1) For purposes of sections 1553(d.2) (relating to

occupational limited license) 1553(d.2) (relating to

occupational limited license), 1556 (RELATING TO IGNITION

INTERLOCK LIMITED LICENSE) , 3803 (relating to grading) and ,

3804 (relating to penalties) AND 3805 (RELATING TO IGNITION

INTERLOCK) , the prior offense must have occurred:

(i) within 10 years prior to the date of the offense

for which the defendant is being sentenced; or

(ii) on or after the date of the offense for which

the defendant is being sentenced.

(2) The court shall calculate the number of prior

offenses, if any, at the time of sentencing.

(3) If the defendant is sentenced for two or more

offenses in the same day, the offenses shall be considered

prior offenses within the meaning of this subsection.

Section 6. Section 3808(a), (b) and (c)(1) of Title 75 are

A06689 - 20 -

amended to read:

§ 3808. Illegally operating a motor vehicle not equipped with

ignition interlock.

(a) Offense defined.--

(1) An individual required to only drive, operate or be

in actual physical control of the movement of a motor vehicle

equipped with an ignition interlock system under [section

1553(d.2) (relating to occupational limited license)] section

1556 (relating to ignition interlock limited license) or 3805

(relating to ignition interlock)] ANY OF THE FOLLOWING who

drives, operates or is in actual physical control of the

movement of a motor vehicle within this Commonwealth without

such a system commits a misdemeanor and shall, upon

conviction, be sentenced to pay a fine of not less than $300

and not more than $1,000 and to imprisonment for not more

than 90 days[.]:

(I) SECTION 1556 (RELATING TO IGNITION INTERLOCK

LIMITED LICENSE).

(II) SECTION 3805 (RELATING TO IGNITION INTERLOCK).

(III) A REQUIREMENT BY ANOTHER JURISDICTION TO

OPERATE ONLY A VEHICLE WITH AN IGNITION INTERLOCK SYSTEM.

(2) An individual required to only drive, operate or be

in actual physical control of the movement of a motor vehicle

equipped with an ignition interlock system under [section

1553(d.2)] section 1556 or 3805] ANY OF THE FOLLOWING who

drives, operates or is in actual physical control of the

movement of a motor vehicle within this Commonwealth without

such a system and who has an amount of alcohol by weight in

his blood that is equal to or greater than 0.025% at the time

of testing or who has in his blood any amount of a Schedule I

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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 commits a misdemeanor of the third degree

and shall, upon conviction, be sentenced to pay a fine of

$1,000 and to undergo imprisonment for a period of not less

than 90 days[.]:

(I) SECTION 1556.

(II) SECTION 3805.

(III) A REQUIREMENT BY ANOTHER JURISDICTION TO

OPERATE ONLY A VEHICLE WITH AN IGNITION INTERLOCK SYSTEM.

* * *

(b) Tampering with an ignition interlock system.--A person

that tampers with an ignition interlock system required by law

commits a misdemeanor and shall, upon conviction, be sentenced

to pay a fine of not less than $300 nor more than $1,000 and to

undergo imprisonment for not more than 90 days. An offense under

this subsection shall be deemed to have been committed at either

the location where tampering occurred or the place where the

vehicle containing the ignition interlock system required by law

is registered. The term "tampering," in addition to any physical

act which is intended to alter or interfere with the proper

functioning of an ignition interlock system required by law,

shall include attempting to circumvent or bypass or

circumventing or bypassing an ignition interlock system by:

(1) means of using another individual to provide a

breath sample; or

(2) providing a breath sample for the purpose of

bypassing an ignition interlock system required by law.

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section 3805(c) and (i):

(1) If a person who is required to only drive, operate

or be in actual physical control of the movement of a motor

vehicle equipped with an ignition interlock system violates

this section, upon receipt of a certified record of the

conviction, the department shall not issue a replacement

license to the person under section 1951(d) (relating to

driver's license and learner's permit) that does not contain

an ignition interlock restriction for a period of one year

from the date of conviction until the person has complied

with the requirements of section 3805 (relating to ignition

interlock).

* * *

Section 7. This act shall take effect as follows:

(1) The amendment of 75 Pa.C.S. §§ 1547(a), (c)

introductory paragraph, (2) and (3), (g.1), (h), (i) and (j)

and 3806 shall take effect immediately.

(2) This section shall take effect immediately.

(3) The remainder of this act shall take effect in 15

months.

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