PRINTER'S NO. 367
No. 321 Session of 2003
INTRODUCED BY TURZAI, ARMSTRONG, CAPPELLI, COLEMAN, COSTA,
CREIGHTON, CRUZ, DALEY, FORCIER, GABIG, GRUITZA, HENNESSEY,
KELLER, LEWIS, R. MILLER, PAYNE, PISTELLA, READSHAW, REED,
ROSS, SATHER, STERN, R. STEVENSON, T. STEVENSON,
E. Z. TAYLOR, TIGUE, TRUE, WATSON AND WILT, FEBRUARY 18, 2003
REFERRED TO COMMITTEE ON TRANSPORTATION, FEBRUARY 18, 2003
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for driving under influence of
3 alcohol or controlled substance.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 3731(e)(1) of Title 75 of the
7 Pennsylvania Consolidated Statutes is amended to read:
8 § 3731. Driving under influence of alcohol or controlled
9 substance.
10 * * *
11 (e) Penalty.--
12 (1) Any person violating any of the provisions of this
13 section is guilty of a misdemeanor of the second degree,
14 except that a person convicted of a third or subsequent
15 offense under this section or of an equivalent offense in
16 this or other jurisdictions is guilty of a misdemeanor of the
17 first degree, and the sentencing court shall order the person
1 to pay a fine of not less than $300 and serve a minimum term
2 of imprisonment of:
3 (i) Not less than 48 consecutive hours.
4 (ii) Not less than 30 days if the person has
5 previously accepted Accelerated Rehabilitative
6 Disposition or any other form of preliminary disposition,
7 been convicted of, adjudicated delinquent or granted a
8 consent decree under the Juvenile Act (42 Pa.C.S. § 6301
9 et seq.) based on an offense under this section or of an
10 equivalent offense in this or other jurisdictions within
11 the previous seven years.
12 (iii) Not less than 90 days if the person has twice
13 previously been convicted of, adjudicated delinquent or
14 granted a consent decree under the Juvenile Act based on
15 an offense under this section or of an equivalent offense
16 in this or other jurisdictions within the previous seven
17 years.
18 (iv) Not less than one year if the person has three
19 times previously been convicted of, adjudicated
20 delinquent or granted a consent decree under the Juvenile
21 Act based on an offense under this section or of an
22 equivalent offense in this or other jurisdictions within
23 the previous seven years.
24 * * *
25 Section 2. This act shall take effect in 60 days.
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