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                                 HOUSE AMENDED
        PRIOR PRINTER'S NOS. 110, 717, 961,           PRINTER'S NO. 1078
        1046, 1054

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 8 Session of 2003


        INTRODUCED BY DENT, WONDERLING, MADIGAN, HELFRICK, LEMMOND,
           CORMAN, TOMLINSON, WENGER, RAFFERTY, THOMPSON, COSTA, KITCHEN
           AND C. WILLIAMS, FEBRUARY 3, 2003

        AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
           JULY 8, 2003

                                     AN ACT

     1  Amending Title 75 (Vehicles) of the Pennsylvania Consolidated     <--
     2     Statutes, further defining "emergency vehicle"; and further    <--
     3     providing for chemical testing to determine amount of alcohol
     4     or controlled substance AND for driving under the influence    <--
     5     of alcohol or controlled substances@. for visual and audible   <--
     6     signals on emergency vehicles, for the Child Passenger
     7     Restraint Fund and for civil immunity for lenders of child
     8     passenger restraint systems.
     9  AMENDING TITLES 18 (CRIMES AND OFFENSES), 30 (FISH), 34 (GAME),   <--
    10     42 (JUDICIARY AND JUDICIAL PROCEDURE) AND 75 (VEHICLES) OF
    11     THE PENNSYLVANIA CONSOLIDATED STATUTES, FURTHER PROVIDING FOR
    12     DISPLAY OF REGISTRATION PLATE, FOR IMPAIRMENT DUE TO ALCOHOL
    13     OR CONTROLLED SUBSTANCES, FOR DEPARTMENT OF TRANSPORTATION
    14     RECORDS, FOR AUTOMATED RED LIGHT ENFORCEMENT SYSTEMS IN FIRST
    15     CLASS CITIES, FOR ENUMERATION OF POLICE POWERS, FOR
    16     INVESTIGATION BY POLICE OFFICERS AND FOR CERTAIN SURCHARGES;
    17     AND MAKING EDITORIAL CHANGES.
    18  AMENDING TITLES 18 (CRIMES AND OFFENSES), 30 (FISH), 34 (GAME),   <--
    19     42 (JUDICIARY AND JUDICIAL PROCEDURE) AND 75 (VEHICLES) OF
    20     THE PENNSYLVANIA CONSOLIDATED STATUTES, FURTHER PROVIDING FOR
    21     IMPAIRMENT DUE TO ALCOHOL OR CONTROLLED SUBSTANCES, FOR
    22     DEPARTMENT OF TRANSPORTATION RECORDS, FOR INVESTIGATION BY
    23     POLICE OFFICERS AND FOR CERTAIN SURCHARGES; AND MAKING
    24     EDITORIAL CHANGES.

    25     The General Assembly of the Commonwealth of Pennsylvania
    26  hereby enacts as follows:
    27     Section 1.  The definition of "emergency vehicle" in section   <--

     1  102 of Title 75 of the Pennsylvania Consolidated Statutes is
     2  amended to read:
     3  § 102.  Definitions.
     4     Subject to additional definitions contained in subsequent
     5  provisions of this title which are applicable to specific
     6  provisions of this title, the following words and phrases when
     7  used in this title shall have, unless the context clearly
     8  indicates otherwise, the meanings given to them in this section:
     9     * * *
    10     "Emergency vehicle."  A fire department vehicle, police
    11  vehicle, sheriff vehicle, ambulance, blood delivery vehicle,
    12  human organ delivery vehicle, hazardous material response
    13  vehicle, armed forces emergency vehicle, one vehicle operated by
    14  a coroner or chief county medical examiner and one vehicle
    15  operated by a chief deputy coroner or deputy chief county
    16  medical examiner used for answering emergency calls, or any
    17  other vehicle designated by the State Police under section 6106
    18  (relating to designation of emergency vehicles by Pennsylvania
    19  State Police), or a privately owned vehicle used in answering an
    20  emergency call when used by any of the following:
    21         (1)  A police chief and assistant chief.
    22         (2)  A fire chief, assistant chief and, when a fire
    23     company has three or more fire vehicles, a second or third
    24     assistant chief.
    25         (3)  A fire police captain and fire police lieutenant.
    26         (4)  An ambulance corps commander and assistant
    27     commander.
    28         (5)  A river rescue commander and assistant commander.
    29         (6)  A county emergency management coordinator.
    30         (7)  A fire marshal.
    20030S0008B1078                  - 2 -     

     1         (8)  A rescue service chief and assistant chief.
     2         (9)  A hazardous materials team chief and assistant
     3     chief.
     4     * * *
     5     Section 2.  Sections 1547(d), 3731(a) and (a.1), 4571(b)
     6  heading and (1), 4582 and 4586 of Title 75 are amended to read:
     7     SECTION 1.  SECTIONS 1547(D) AND 3731(A) AND (A.1) OF TITLE    <--
     8  75 OF THE PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED TO
     9  READ:
    10  § 1547.  Chemical testing to determine amount of alcohol or
    11             controlled substance.
    12     * * *
    13     (d)  Presumptions from amount of alcohol.--If chemical
    14  testing of a person's breath, blood or urine shows:
    15         (1)  That the amount of alcohol by weight in the blood of
    16     an adult is 0.05% or less, it shall be presumed that the
    17     adult was not under the influence of alcohol and the adult
    18     shall not be charged with any violation under section
    19     3731(a)(1), (4) or (5) (relating to driving under influence
    20     of alcohol or controlled substance), or, if the adult was so
    21     charged prior to the test, the charge shall be void ab
    22     initio. This fact shall not give rise to any presumption
    23     concerning a violation of section 3731(a)(2) or (3) or (i).
    24         (2)  That the amount of alcohol by weight in the blood of
    25     an adult is in excess of 0.05% but less than [0.10%] 0.08%,
    26     this fact shall not give rise to any presumption that the
    27     adult was or was not under the influence of alcohol, but this
    28     fact may be considered with other competent evidence in
    29     determining whether the adult was or was not under the
    30     influence of alcohol. This provision shall not negate the
    20030S0008B1078                  - 3 -     

     1     provisions of section 3731(i).
     2         (3)  That the amount of alcohol by weight in the blood
     3     of:
     4             (i)  an adult is [0.10%] 0.08% or more; or
     5             (ii)  a minor is 0.02% or more,
     6     this fact may be introduced into evidence if the person is
     7     charged with violating section 3731.
     8     * * *
     9  § 3731.  Driving under influence of alcohol or controlled
    10             substance.
    11     (a)  Offense defined.--A person shall not drive, operate or
    12  be in actual physical control of the movement of a vehicle in
    13  any of the following circumstances:
    14         (1)  While under the influence of alcohol to a degree
    15     which renders the person incapable of safe driving.
    16         (2)  While under the influence of any controlled
    17     substance, as defined in the act of April 14, 1972 (P.L.233,
    18     No.64), known as The Controlled Substance, Drug, Device and
    19     Cosmetic Act, to a degree which renders the person incapable
    20     of safe driving.
    21         (3)  While under the combined influence of alcohol and
    22     any controlled substance to a degree which renders the person
    23     incapable of safe driving.
    24         (4)  While the amount of alcohol by weight in the blood
    25     of:
    26             (i)  an adult is [0.10%] 0.08% or greater; or
    27             (ii)  a minor is 0.02% or greater.
    28     (a.1)  Prima facie evidence.--
    29         (1)  It is prima facie evidence that:
    30             (i)  an adult had [0.10%] 0.08% or more by weight of
    20030S0008B1078                  - 4 -     

     1         alcohol in his or her blood at the time of driving,
     2         operating or being in actual physical control of the
     3         movement of any vehicle if the amount of alcohol by
     4         weight in the blood of the person is equal to or greater
     5         than [0.10%] 0.08% at the time a chemical test is
     6         performed on a sample of the person's breath, blood or
     7         urine;
     8             (ii)  a minor had 0.02% or more by weight of alcohol
     9         in his or her blood at the time of driving, operating or
    10         being in actual physical control of the movement of any
    11         vehicle if the amount of alcohol by weight in the blood
    12         of the minor is equal to or greater than 0.02% at the
    13         time a chemical test is performed on a sample of the
    14         person's breath, blood or urine; and
    15             (iii)  a person operating a commercial vehicle had
    16         0.04% or more by weight of alcohol in his or her blood at
    17         the time of driving, operating or being in actual
    18         physical control of the movement of the commercial
    19         vehicle if the amount of alcohol by weight in the blood
    20         of a person operating a commercial vehicle is equal to or
    21         greater than 0.04% at the time a chemical test is
    22         performed on a sample of the person's breath, blood or
    23         urine.
    24         (2)  For the purposes of this section, the chemical test
    25     of the sample of the person's breath, blood or urine shall be
    26     from a sample obtained within three hours after the person
    27     drove, operated or was in actual physical control of the
    28     vehicle.
    29     * * *
    30  § 4571.  Visual and audible signals on emergency vehicles.        <--
    20030S0008B1078                  - 5 -     

     1     * * *
     2     (b)  Police, sheriff, fire and coroner [or], medical examiner
     3  or hazardous materials response vehicles.--
     4         (1)  Police, sheriff, coroner, medical examiner [or],
     5     fire police and hazardous materials response vehicles may in
     6     addition to the requirements of subsection (a) be equipped
     7     with one or more revolving or flashing blue lights. The
     8     combination of red and blue lights may be used only on
     9     police, sheriff, coroner, medical examiner [or], fire police
    10     or hazardous materials response vehicles.
    11         * * *
    12  § 4582.  Child Passenger Restraint Fund.
    13     A Child Passenger Restraint Fund is established in the
    14  General Fund as a special restricted receipts account hereby
    15  earmarked for and appropriated to the department. This fund
    16  shall consist of all fines deposited pursuant to section 4581(b)
    17  (relating to restraint systems), all Federal funds granted for
    18  said use and any moneys donated into the fund. All such funds
    19  shall be used solely for the purpose of purchasing Federally
    20  approved child restraint seats and child booster seats and
    21  making such seats available to qualified loaner programs within
    22  the Commonwealth. A qualified loaner program shall be one
    23  determined by the department to loan Federally approved child
    24  restraint seats and child booster seats to parents or legal
    25  guardians of children under [four] eight years of age who, due
    26  to financial or economic hardship, are unable to comply with the
    27  provisions of this subchapter. The department shall adopt such
    28  regulations as are necessary to effectuate the purpose of this
    29  section.
    30  § 4586.  Civil immunity for lenders of child passenger restraint
    20030S0008B1078                  - 6 -     

     1             systems.
     2     No person or organization who or which lends to another
     3  person or organization a child passenger restraint system or
     4  child booster seat, as [described] defined in section 4581
     5  (relating to restraint systems), shall be liable for any civil
     6  damages resulting from any acts or omission, except any act or
     7  omission intentionally designed to harm, or any grossly
     8  negligent act or omission resulting in harm to another.
     9     Section 3.  This act shall take effect September 30, 2003.
    10     SECTION 2.  THIS ACT SHALL TAKE EFFECT OCTOBER 1, 2003, OR     <--
    11  IMMEDIATELY, WHICHEVER IS LATER.
    12     SECTION 1.  SECTION 6105(C)(3) OF TITLE 18 OF THE              <--
    13  PENNSYLVANIA CONSOLIDATED STATUTES IS AMENDED TO READ:
    14  § 6105.  PERSONS NOT TO POSSESS, USE, MANUFACTURE, CONTROL, SELL
    15             OR TRANSFER FIREARMS.
    16     * * *
    17     (C)  OTHER PERSONS.--IN ADDITION TO ANY PERSON WHO HAS BEEN
    18  CONVICTED OF ANY OFFENSE LISTED UNDER SUBSECTION (B), THE
    19  FOLLOWING PERSONS SHALL BE SUBJECT TO THE PROHIBITION OF
    20  SUBSECTION (A):
    21         * * *
    22         (3)  A PERSON WHO HAS BEEN CONVICTED OF DRIVING UNDER THE
    23     INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE AS PROVIDED IN
    24     75 PA.C.S. § [3731] 3802 (RELATING TO DRIVING UNDER INFLUENCE
    25     OF ALCOHOL OR CONTROLLED SUBSTANCE) ON THREE OR MORE SEPARATE
    26     OCCASIONS WITHIN A FIVE-YEAR PERIOD. FOR THE PURPOSES OF THIS
    27     PARAGRAPH ONLY, THE PROHIBITION OF SUBSECTION (A) SHALL ONLY
    28     APPLY TO TRANSFERS OR PURCHASES OF FIREARMS AFTER THE THIRD
    29     CONVICTION.
    30         * * *
    20030S0008B1078                  - 7 -     

     1     SECTION 2.  SECTION 7508.1(B) AND (C) OF TITLE 18 ARE AMENDED
     2  TO READ:
     3  § 7508.1.  SUBSTANCE ABUSE EDUCATION AND DEMAND REDUCTION FUND.
     4     * * *
     5     (B)  IMPOSITION.--UNLESS THE COURT FINDS THAT UNDUE HARDSHIP
     6  WOULD RESULT, A MANDATORY COST OF $100, WHICH SHALL BE IN
     7  ADDITION TO ANY OTHER COSTS IMPOSED PURSUANT TO STATUTORY
     8  AUTHORITY, SHALL AUTOMATICALLY BE ASSESSED ON ANY INDIVIDUAL
     9  CONVICTED, ADJUDICATED DELINQUENT OR GRANTED ACCELERATED
    10  REHABILITATIVE DISPOSITION OR ANY INDIVIDUAL WHO PLEADS GUILTY
    11  OR NOLO CONTENDERE FOR A VIOLATION OF THE ACT OF APRIL 14, 1972
    12  (P.L.233, NO.64), KNOWN AS THE CONTROLLED SUBSTANCE, DRUG,
    13  DEVICE AND COSMETIC ACT, OR A VIOLATION OF 75 PA.C.S. § [3731]
    14  3802 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR
    15  CONTROLLED SUBSTANCE).
    16     (C)  ADDITIONAL ASSESSMENT.--IN ADDITION TO THE ASSESSMENT
    17  REQUIRED BY SUBSECTION (B), A PERSON CONVICTED OF OR ADJUDICATED
    18  DELINQUENT FOR A VIOLATION OF 75 PA.C.S. § [3731] 3802 SHALL BE
    19  ASSESSED $200 WHERE THE AMOUNT OF ALCOHOL BY WEIGHT IN THE BLOOD
    20  OF THE PERSON IS EQUAL TO OR GREATER THAN [.15%] .16% AT THE
    21  TIME A CHEMICAL TEST IS PERFORMED ON A SAMPLE OF THE PERSON'S
    22  BREATH, BLOOD OR URINE. FOR THE PURPOSES OF THIS SUBSECTION, THE
    23  SAMPLE OF THE PERSON'S BLOOD, BREATH OR URINE SHALL BE TAKEN
    24  WITHIN [TWO] THREE HOURS AFTER THE PERSON IS PLACED UNDER
    25  ARREST.
    26     * * *
    27     SECTION 3.  SECTION 7514 OF TITLE 18 IS REPEALED.
    28     SECTION 4.  SECTION 5502(A)(4) AND (A.1)(1) OF TITLE 30 ARE
    29  AMENDED TO READ:
    30  § 5502.  OPERATING WATERCRAFT UNDER INFLUENCE OF ALCOHOL OR
    20030S0008B1078                  - 8 -     

     1             CONTROLLED SUBSTANCE.
     2     (A)  GENERAL RULE.--NO PERSON SHALL OPERATE OR BE IN ACTUAL
     3  PHYSICAL CONTROL OF THE MOVEMENT OF A WATERCRAFT UPON, IN OR
     4  THROUGH THE WATERS OF THIS COMMONWEALTH:
     5         * * *
     6         (4)  WHILE THE AMOUNT OF ALCOHOL BY WEIGHT IN THE BLOOD
     7     OF:
     8             (I)  AN ADULT IS [0.10%] 0.08% OR GREATER; OR
     9             (II)  A MINOR IS 0.02% OR GREATER.
    10     (A.1)  PRIMA FACIE EVIDENCE.--
    11         (1)  IT IS PRIMA FACIE EVIDENCE THAT:
    12             (I)  AN ADULT HAD [0.10%] 0.08% OR MORE BY WEIGHT OF
    13         ALCOHOL IN HIS OR HER BLOOD AT THE TIME OF OPERATING OR
    14         BEING IN ACTUAL PHYSICAL CONTROL OF THE MOVEMENT OF A
    15         WATERCRAFT IF THE AMOUNT OF ALCOHOL BY WEIGHT IN THE
    16         BLOOD OF THE PERSON IS EQUAL TO OR GREATER THAN [0.10%]
    17         0.08% AT THE TIME A CHEMICAL TEST IS PERFORMED ON A
    18         SAMPLE OF THE PERSON'S BREATH, BLOOD OR URINE; AND
    19             (II)  A MINOR HAD 0.02% OR MORE BY WEIGHT OF ALCOHOL
    20         IN HIS OR HER BLOOD AT THE TIME OF OPERATING OR BEING IN
    21         ACTUAL PHYSICAL CONTROL OF THE MOVEMENT OF A WATERCRAFT
    22         IF THE AMOUNT OF ALCOHOL BY WEIGHT IN THE BLOOD OF THE
    23         MINOR IS EQUAL TO OR GREATER THAN 0.02% AT THE TIME A
    24         CHEMICAL TEST IS PERFORMED ON A SAMPLE OF THE PERSON'S
    25         BREATH, BLOOD OR URINE.
    26         * * *
    27     SECTION 5.  SECTIONS 2501(A)(4) AND (A.1)(1)(I) AND (B) AND
    28  2502(D)(2) AND (3) OF TITLE 34 ARE AMENDED TO READ:
    29  § 2501.  HUNTING OR FURTAKING PROHIBITED WHILE UNDER INFLUENCE
    30             OF ALCOHOL OR CONTROLLED SUBSTANCE.
    20030S0008B1078                  - 9 -     

     1     (A)  GENERAL RULE.--IT IS UNLAWFUL TO HUNT OR TAKE GAME,
     2  FURBEARERS OR WILDLIFE OR AID, ABET, ASSIST OR CONSPIRE TO HUNT
     3  OR TAKE GAME, FURBEARERS OR WILDLIFE ANYWHERE IN THIS
     4  COMMONWEALTH WHILE IN POSSESSION OF A FIREARM OF ANY KIND OR A
     5  BOW AND ARROW IF:
     6         * * *
     7         (4)  THE AMOUNT OF ALCOHOL BY WEIGHT IN THE BLOOD OF:
     8             (I)  AN ADULT IS [0.10%] 0.08% OR GREATER; OR
     9             (II)  A MINOR IS 0.02% OR GREATER.
    10     (A.1)  PRIMA FACIE EVIDENCE.--
    11         (1)  IT IS PRIMA FACIE EVIDENCE THAT:
    12             (I)  AN ADULT HAD [0.10%] 0.08% OR MORE BY WEIGHT OF
    13         ALCOHOL IN HIS OR HER BLOOD AT THE TIME OF HUNTING OR
    14         TAKING OF GAME, FURBEARERS OR WILDLIFE OR THE AIDING,
    15         ABETTING, ASSISTING OR CONSPIRING TO HUNT OR TAKE GAME,
    16         FURBEARERS OR WILDLIFE IF THE AMOUNT OF ALCOHOL BY WEIGHT
    17         IN THE BLOOD OF THE PERSON IS EQUAL TO OR GREATER THAN
    18         [0.10%] 0.08% AT THE TIME A CHEMICAL TEST IS PERFORMED ON
    19         A SAMPLE OF THE PERSON'S BREATH, BLOOD OR URINE; OR
    20             * * *
    21     (B)  PENALTY.--
    22         (1)  A VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL
    23     BE A SUMMARY OFFENSE IF THE AMOUNT OF ALCOHOL BY WEIGHT IN
    24     THE BLOOD OF THE INDIVIDUAL IS AT LEAST 0.08% BUT LESS THAN
    25     0.10%.
    26         (2)  A VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL
    27     BE A MISDEMEANOR OF THE THIRD DEGREE IF THE AMOUNT OF ALCOHOL
    28     BY WEIGHT IN THE BLOOD OF THE INDIVIDUAL IS AT LEAST 0.10%.
    29         (3)  IN ADDITION TO ANY PENALTY, THE VIOLATOR SHALL BE
    30     DENIED THE RIGHT TO HUNT OR TRAP IN THIS COMMONWEALTH, WITH
    20030S0008B1078                 - 10 -     

     1     OR WITHOUT A LICENSE, FOR A PERIOD OF ONE YEAR.
     2     * * *
     3  § 2502.  CHEMICAL TEST TO DETERMINE AMOUNT OF ALCOHOL.
     4     * * *
     5     (D)  PRESUMPTIONS FROM AMOUNT OF ALCOHOL.--IF CHEMICAL
     6  ANALYSIS OF A PERSON'S BREATH, BLOOD OR URINE SHOWS:
     7         * * *
     8         (2)  THAT THE AMOUNT OF ALCOHOL BY WEIGHT IN THE BLOOD OF
     9     THE PERSON TESTED IS IN EXCESS OF 0.05% BUT LESS THAN [0.10%]
    10     0.08%, THIS FACT SHALL NOT GIVE RISE TO ANY PRESUMPTION THAT
    11     THE PERSON TESTED WAS OR WAS NOT UNDER THE INFLUENCE OF
    12     ALCOHOL, BUT THIS FACT MAY BE CONSIDERED WITH OTHER COMPETENT
    13     EVIDENCE IN DETERMINING WHETHER THE PERSON WAS OR WAS NOT
    14     UNDER THE INFLUENCE OF ALCOHOL.
    15         (3)  THAT THE AMOUNT OF ALCOHOL BY WEIGHT IN THE BLOOD OF
    16     THE PERSON TESTED IS [0.10%] 0.08% OR MORE, IT SHALL BE
    17     PRESUMED THAT THE DEFENDANT WAS UNDER THE INFLUENCE OF
    18     ALCOHOL.
    19     * * *
    20     SECTION 6.  SECTIONS 933(A)(1)(II), 1515(A)(5), 1725.3(A),
    21  3571(B)(4) AND 3573(B)(3) OF TITLE 42 ARE AMENDED TO READ:
    22  § 933.  APPEALS FROM GOVERNMENT AGENCIES.
    23     (A)  GENERAL RULE.--EXCEPT AS OTHERWISE PRESCRIBED BY ANY
    24  GENERAL RULE ADOPTED PURSUANT TO SECTION 503 (RELATING TO
    25  REASSIGNMENT OF MATTERS), EACH COURT OF COMMON PLEAS SHALL HAVE
    26  JURISDICTION OF APPEALS FROM FINAL ORDERS OF GOVERNMENT AGENCIES
    27  IN THE FOLLOWING CASES:
    28         (1)  APPEALS FROM COMMONWEALTH AGENCIES IN THE FOLLOWING
    29     CASES:
    30             * * *
    20030S0008B1078                 - 11 -     

     1             (II)  DETERMINATIONS OF THE DEPARTMENT OF
     2         TRANSPORTATION APPEALABLE UNDER THE FOLLOWING PROVISIONS
     3         OF TITLE 75 (RELATING TO VEHICLES):
     4                 SECTION 1377 (RELATING TO JUDICIAL REVIEW).
     5                 SECTION 1550 (RELATING TO JUDICIAL REVIEW).
     6                 SECTION 4724(B) (RELATING TO JUDICIAL REVIEW).
     7                 SECTION 7303(B) (RELATING TO JUDICIAL REVIEW).
     8                 SECTION 7503(B) (RELATING TO JUDICIAL REVIEW).
     9         EXCEPT AS OTHERWISE PRESCRIBED BY GENERAL RULES, THE
    10         VENUE SHALL BE IN THE COUNTY OF THE PRINCIPAL PLACE OF
    11         BUSINESS OF ANY SALVOR OR MESSENGER SERVICE, THE LOCATION
    12         OF ANY INSPECTION STATION INVOLVED, THE COUNTY WHERE THE
    13         ARREST FOR A VIOLATION OF 75 PA.C.S. § [3731] 3802
    14         (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR
    15         CONTROLLED SUBSTANCE) WAS MADE IN APPEALS INVOLVING THE
    16         SUSPENSION OF OPERATING PRIVILEGES UNDER 75 PA.C.S. §
    17         1547 (RELATING TO CHEMICAL TESTING TO DETERMINE AMOUNT OF
    18         ALCOHOL OR CONTROLLED SUBSTANCE) OR THE RESIDENCE OF ANY
    19         INDIVIDUAL APPELLANT WHERE THE VENUE IS NOT OTHERWISE
    20         FIXED BY THIS SENTENCE. IN THE CASE OF A NONRESIDENT
    21         INDIVIDUAL VENUE, EXCEPT AS OTHERWISE PRESCRIBED BY
    22         GENERAL RULES, SHALL BE IN THE COUNTY IN WHICH THE
    23         OFFENSE GIVING RISE TO THE RECALL, CANCELLATION,
    24         SUSPENSION OR REVOCATION OF OPERATING PRIVILEGES
    25         OCCURRED.
    26             * * *
    27  § 1515.  JURISDICTION AND VENUE.
    28     (A)  JURISDICTION.--EXCEPT AS OTHERWISE PRESCRIBED BY GENERAL
    29  RULE ADOPTED PURSUANT TO SECTION 503 (RELATING TO REASSIGNMENT
    30  OF MATTERS), DISTRICT JUSTICES SHALL, UNDER PROCEDURES
    20030S0008B1078                 - 12 -     

     1  PRESCRIBED BY GENERAL RULE, HAVE JURISDICTION OF ALL OF THE
     2  FOLLOWING MATTERS:
     3         * * *
     4         (5)  OFFENSES UNDER 75 PA.C.S. § [3731] 3802 (RELATING TO
     5     DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE),
     6     IF THE FOLLOWING CRITERIA ARE MET:
     7             (I)  THE OFFENSE IS THE FIRST OFFENSE BY THE
     8         DEFENDANT UNDER SUCH PROVISION IN THIS COMMONWEALTH.
     9             (II)  NO PERSONAL INJURY (OTHER THAN TO THE DEFENDANT
    10         [OR THE IMMEDIATE FAMILY OF THE DEFENDANT]) RESULTED FROM
    11         THE OFFENSE.
    12             (III)  THE DEFENDANT PLEADS GUILTY.
    13             (IV)  NO PROPERTY DAMAGE IN EXCESS OF $500 OTHER THAN
    14         TO THE DEFENDANT'S PROPERTY RESULTED FROM THE VIOLATION.
    15             (V)  THE DEFENDANT IS NOT SUBJECT TO THE PROVISIONS
    16         OF CHAPTER 63 (RELATING TO JUVENILE MATTERS).
    17             (VI)  THE ARRESTING AUTHORITY SHALL CAUSE TO BE
    18         TRANSMITTED A COPY OF THE CHARGE OF ANY VIOLATION OF 75
    19         PA.C.S. § [3731] 3802 TO THE OFFICE OF THE CLERK OF THE
    20         COURT OF COMMON PLEAS WITHIN FIVE DAYS AFTER THE
    21         PRELIMINARY ARRAIGNMENT.
    22     IN DETERMINING THAT THE ABOVE CRITERIA ARE MET THE DISTRICT
    23     JUSTICE SHALL RELY ON THE CERTIFICATION OF THE ARRESTING
    24     AUTHORITY. CERTIFICATION THAT THE CRITERIA ARE MET NEED NOT
    25     BE IN WRITING. WITHIN TEN DAYS AFTER THE DISPOSITION, THE
    26     DISTRICT JUSTICE SHALL CERTIFY THE DISPOSITION TO THE OFFICE
    27     OF THE CLERK OF THE COURT OF COMMON PLEAS IN WRITING.
    28         * * *
    29  § 1725.3.  CRIMINAL LABORATORY USER FEE.
    30     (A)  IMPOSITION.--A PERSON WHO IS PLACED ON PROBATION WITHOUT
    20030S0008B1078                 - 13 -     

     1  VERDICT PURSUANT TO SECTION 17 OF THE ACT OF APRIL 14, 1972
     2  (P.L.233, NO.64), KNOWN AS THE CONTROLLED SUBSTANCE, DRUG,
     3  DEVICE AND COSMETIC ACT, OR WHO RECEIVES ACCELERATED
     4  REHABILITATIVE DISPOSITION OR WHO PLEADS GUILTY TO OR NOLO
     5  CONTENDERE TO OR WHO IS CONVICTED OF A CRIME AS DEFINED IN 18
     6  PA.C.S. § 106 (RELATING TO CLASSES OF OFFENSES) OR 75 PA.C.S. §
     7  [3731] 3802 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR
     8  CONTROLLED SUBSTANCE) OR 3735 (RELATING TO HOMICIDE BY VEHICLE
     9  WHILE DRIVING UNDER INFLUENCE) OR A VIOLATION OF THE CONTROLLED
    10  SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT SHALL, IN ADDITION TO
    11  ANY FINES, PENALTIES OR COSTS, IN EVERY CASE WHERE LABORATORY
    12  SERVICES WERE REQUIRED TO PROSECUTE THE CRIME OR VIOLATION, BE
    13  SENTENCED TO PAY A CRIMINAL LABORATORY USER FEE WHICH SHALL
    14  INCLUDE, BUT NOT BE LIMITED TO, THE COST OF SENDING A LABORATORY
    15  TECHNICIAN TO COURT PROCEEDINGS.
    16     * * *
    17  § 3571.  COMMONWEALTH PORTION OF FINES, ETC.
    18     * * *
    19     (B)  VEHICLE OFFENSES.--
    20         * * *
    21         (4)  WHEN PROSECUTION UNDER 75 PA.C.S. § [3731] 3802
    22     (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED
    23     SUBSTANCE) IS THE RESULT OF STATE POLICE ACTION, 50% OF ALL
    24     FINES, FORFEITED RECOGNIZANCES AND OTHER FORFEITURES IMPOSED,
    25     LOST OR FORFEITED SHALL BE PAYABLE TO THE COMMONWEALTH, FOR
    26     CREDIT TO THE MOTOR LICENSE FUND, AND 50% SHALL BE PAYABLE TO
    27     THE COUNTY WHICH SHALL BE FURTHER DIVIDED AS FOLLOWS:
    28             (I)  FIFTY PERCENT OF THE MONEYS RECEIVED SHALL BE
    29         ALLOCATED TO THE APPROPRIATE COUNTY AUTHORITY WHICH
    30         IMPLEMENTS THE COUNTY DRUG AND ALCOHOL PROGRAM TO BE USED
    20030S0008B1078                 - 14 -     

     1         SOLELY FOR THE PURPOSES OF AIDING PROGRAMS PROMOTING DRUG
     2         ABUSE AND ALCOHOLISM PREVENTION, EDUCATION, TREATMENT AND
     3         RESEARCH. PROGRAMS UNDER THIS SUBPARAGRAPH INCLUDE
     4         PROJECT DARE (DRUG AND ALCOHOL RESISTANCE EDUCATION) AND
     5         MOTHERS AGAINST DRUNK DRIVING VICTIM IMPACT PANELS.
     6             (II)  FIFTY PERCENT OF THE MONEYS RECEIVED SHALL BE
     7         USED FOR EXPENDITURES INCURRED FOR COUNTY JAILS, PRISONS,
     8         WORKHOUSES AND DETENTION CENTERS.
     9     * * *
    10  § 3573.  MUNICIPAL CORPORATION PORTION OF FINES, ETC.
    11     * * *
    12     (B)  VEHICLE OFFENSES.--
    13         * * *
    14         (3)  WHEN PROSECUTION UNDER 75 PA.C.S. § [3731] 3802
    15     (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED
    16     SUBSTANCE) IS THE RESULT OF LOCAL POLICE ACTION, 50% OF ALL
    17     FINES, FORFEITED RECOGNIZANCES AND OTHER FORFEITURES IMPOSED,
    18     LOST OR FORFEITED SHALL BE PAYABLE TO THE MUNICIPAL
    19     CORPORATION UNDER WHICH THE LOCAL POLICE ARE ORGANIZED, AND
    20     50% SHALL BE PAYABLE TO THE COUNTY WHICH SHALL BE FURTHER
    21     DIVIDED AS FOLLOWS:
    22             (I)  FIFTY PERCENT OF THE MONEYS RECEIVED SHALL BE
    23         ALLOCATED TO THE APPROPRIATE COUNTY AUTHORITY WHICH
    24         IMPLEMENTS THE COUNTY DRUG AND ALCOHOL PROGRAM TO BE USED
    25         SOLELY FOR THE PURPOSES OF AIDING PROGRAMS PROMOTING DRUG
    26         ABUSE AND ALCOHOLISM PREVENTION, EDUCATION, TREATMENT AND
    27         RESEARCH. PROGRAMS UNDER THIS SUBPARAGRAPH INCLUDE
    28         PROJECT DARE (DRUG AND ALCOHOL RESISTANCE EDUCATION) AND
    29         MOTHERS AGAINST DRUNK DRIVING VICTIM IMPACT PANELS.
    30             (II)  FIFTY PERCENT OF THE MONEYS RECEIVED SHALL BE
    20030S0008B1078                 - 15 -     

     1         USED FOR EXPENDITURES INCURRED FOR COUNTY JAILS, PRISONS,
     2         WORKHOUSES AND DETENTION CENTERS.
     3     * * *
     4     SECTION 7.  CHAPTER 70 OF TITLE 42 IS REPEALED.
     5     SECTION 8.  SECTION 9763(C) OF TITLE 42 IS AMENDED TO READ:
     6  § 9763.  SENTENCE OF INTERMEDIATE PUNISHMENT.
     7     * * *
     8     (C)  RESTRICTION.--
     9         (1)  A DEFENDANT [CONVICTED UNDER] SUBJECT TO 75 PA.C.S.
    10     § [3731(E) (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR
    11     CONTROLLED SUBSTANCE)] 3804 (RELATING TO PENALTIES) MAY ONLY
    12     BE SENTENCED TO INTERMEDIATE PUNISHMENT:
    13         [(1)  IN A RESIDENTIAL INPATIENT PROGRAM OR IN A
    14     RESIDENTIAL REHABILITATIVE CENTER; OR
    15         (2)  BY HOUSE ARREST OR ELECTRONIC SURVEILLANCE COMBINED
    16     WITH DRUG AND ALCOHOL TREATMENT.]
    17             (I)  FOR A FIRST, SECOND OR THIRD OFFENSE UNDER 75
    18         PA.C.S CH. 38 (RELATING TO DRIVING WHILE IMPAIRED); AND
    19             (II)  AFTER UNDERGOING AN ASSESSMENT UNDER 75 PA.C.S.
    20         § 3814 (RELATING TO DRUG AND ALCOHOL ASSESSMENTS).
    21         (2)  IF THE DEFENDANT IS DETERMINED TO BE IN NEED OF DRUG
    22     AND ALCOHOL TREATMENT, THE DEFENDANT MAY ONLY BE SENTENCED TO
    23     INTERMEDIATE PUNISHMENT WHICH INCLUDES PARTICIPATION IN DRUG
    24     AND ALCOHOL TREATMENT UNDER 75 PA.C.S. § 3815(C) (RELATING TO
    25     MANDATORY SENTENCING). SUCH TREATMENT MAY BE COMBINED WITH
    26     HOUSE ARREST WITH ELECTRONIC SURVEILLANCE OR A PARTIAL
    27     CONFINEMENT PROGRAM, SUCH AS WORK RELEASE, A WORK CAMP OR A
    28     HALFWAY FACILITY.
    29         (3)  IF THE DEFENDANT IS DETERMINED NOT TO BE IN NEED OF
    30     DRUG AND ALCOHOL TREATMENT, THE DEFENDANT MAY ONLY BE
    20030S0008B1078                 - 16 -     

     1     SENTENCED TO INTERMEDIATE PUNISHMENT:
     2             (I)  BY HOUSE ARREST OR ELECTRONIC SURVEILLANCE;
     3             (II)  PARTIAL CONFINEMENT PROGRAMS, SUCH AS WORK
     4         RELEASE, WORK CAMPS AND HALFWAY FACILITIES; OR
     5             (III)  ANY COMBINATION OF THE PROGRAMS SET FORTH IN
     6         THIS SUBSECTION.
     7     * * *
     8     SECTION 8.1.  SECTION 9804(B)(3) OF TITLE 42 IS AMENDED AND
     9  THE SUBSECTION IS AMENDED BY ADDING PARAGRAPHS TO READ:
    10  § 9804.  COUNTY INTERMEDIATE PUNISHMENT PROGRAMS.
    11     * * *
    12     (B)  ELIGIBILITY.--
    13         * * *
    14         [(3)  ANY PERSON RECEIVING A PENALTY IMPOSED PURSUANT TO
    15     75 PA.C.S. § 1543(B) (RELATING TO DRIVING WHILE OPERATING
    16     PRIVILEGE IS SUSPENDED OR REVOKED) OR 3731(E) (RELATING TO
    17     DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE)
    18     MAY ONLY BE SENTENCED TO INTERMEDIATE PUNISHMENT PROGRAM IN:
    19             (I)  A RESIDENTIAL INPATIENT PROGRAM OR A RESIDENTIAL
    20         REHABILITATIVE CENTER;
    21             (II)  HOUSE ARREST AND ELECTRONIC SURVEILLANCE
    22         COMBINED WITH DRUG AND ALCOHOL TREATMENT; OR
    23             (III)  PARTIAL CONFINEMENT PROGRAMS, SUCH AS WORK
    24         RELEASE, WORK CAMPS AND HALFWAY FACILITIES, COMBINED WITH
    25         DRUG AND ALCOHOL TREATMENT.]
    26         (4)  (I)  ANY PERSON RECEIVING A PENALTY IMPOSED PURSUANT
    27         TO 75 PA.C.S. § 1543(B) (RELATING TO DRIVING WHILE
    28         OPERATING PRIVILEGE IS SUSPENDED OR REVOKED) OR 3804
    29         (RELATING TO PENALTIES) SHALL UNDERGO AN ASSESSMENT UNDER
    30         75 PA.C.S. § 3814 (RELATING TO DRUG AND ALCOHOL
    20030S0008B1078                 - 17 -     

     1         ASSESSMENTS).
     2             (II)  IF THE DEFENDANT IS DETERMINED TO BE IN NEED OF
     3         DRUG AND ALCOHOL TREATMENT, A SENTENCE TO INTERMEDIATE
     4         PUNISHMENT SHALL INCLUDE PARTICIPATION IN DRUG AND
     5         ALCOHOL TREATMENT UNDER 75 PA.C.S. § 3815(C) (RELATING TO
     6         MANDATORY SENTENCING). SUCH TREATMENT MAY BE COMBINED
     7         WITH HOUSE ARREST WITH ELECTRONIC SURVEILLANCE OR A
     8         PARTIAL CONFINEMENT PROGRAM, SUCH AS WORK RELEASE, A WORK
     9         CAMP OR A HALFWAY FACILITY.
    10             (III)  IF THE DEFENDANT IS DETERMINED NOT TO BE IN
    11         NEED OF DRUG AND ALCOHOL TREATMENT, THE DEFENDANT MAY
    12         ONLY BE SENTENCED TO INTERMEDIATE PUNISHMENT PROGRAM IN:
    13                 (A)  HOUSE ARREST AND ELECTRONIC SURVEILLANCE;
    14                 (B)  PARTIAL CONFINEMENT PROGRAMS, SUCH AS WORK
    15             RELEASE, WORK CAMPS AND HALFWAY FACILITIES; OR
    16                 (C)  ANY COMBINATION OF THE PROGRAMS SET FORTH IN
    17             THIS PARAGRAPH.
    18         (5)  A DEFENDANT SUBJECT TO 75 PA.C.S § 3804 (RELATING TO
    19     PENALTIES) MAY ONLY BE SENTENCED TO INTERMEDIATE PUNISHMENT
    20     FOR A FIRST, SECOND OR THIRD OFFENSE UNDER 75 PA.C.S. CH. 38
    21     (RELATING TO DRIVING WHILE IMPAIRED).
    22     SECTION 9.  SECTION 1332(B) OF TITLE 75 IS AMENDED AND THE
    23  SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:
    24  § 1332.  DISPLAY OF REGISTRATION PLATE.
    25     * * *
    26     (B)  OBSCURING PLATE.--IT IS UNLAWFUL TO DISPLAY ON ANY
    27  VEHICLE A REGISTRATION PLATE WHICH:
    28         (1)  IS SO DIRTY AS TO PREVENT THE READING OF THE NUMBER
    29     OR LETTERS THEREON AT A REASONABLE DISTANCE [OR];
    30         (2)  IS OBSCURED IN ANY MANNER WHICH INHIBITS THE PROPER
    20030S0008B1078                 - 18 -     

     1     OPERATION OF AN AUTOMATED RED LIGHT ENFORCEMENT SYSTEM IN
     2     PLACE PURSUANT TO SECTION 3116 (RELATING TO AUTOMATED RED
     3     LIGHT ENFORCEMENT SYSTEM IN FIRST CLASS CITIES); OR
     4         (3)  IS OTHERWISE ILLEGIBLE AT A REASONABLE DISTANCE OR
     5     IS OBSCURED IN ANY MANNER.
     6     (C)  PENALTY.--ANY PERSON WHO VIOLATES THIS SECTION COMMITS A
     7  SUMMARY OFFENSE AND SHALL, UPON CONVICTION, BE SENTENCED TO PAY
     8  A FINE OF $100 FOR THE FIRST OFFENSE AND $200 FOR EACH
     9  SUBSEQUENT OFFENSE.
    10     SECTION 10.  SECTIONS 1516(C) AND (D) AND 1532(B)(3) OF TITLE
    11  75 ARE AMENDED TO READ:
    12  § 1516.  DEPARTMENT RECORDS.
    13     * * *
    14     (C)  DISMISSAL OF CHARGES FOR VIOLATIONS.--IF A CHARGE FOR
    15  VIOLATION OF ANY OF THE PROVISIONS OF THIS TITLE AGAINST ANY
    16  PERSON IS DISMISSED WHERE THERE HAVE BEEN NO PRIOR CONVICTIONS
    17  BY ANY COURT OF COMPETENT JURISDICTION, NO RECORD OF THE CHARGE
    18  AND DISMISSAL SHALL BE INCLUDED IN THE DRIVING RECORD OF THE
    19  PERSON. IF THE PERSON HAS BEEN PREVIOUSLY CONVICTED OF THE
    20  CHARGE AND SUSPENSION WAS IMPOSED BY THE DEPARTMENT, WHICH
    21  SUSPENSION WAS EITHER PARTIALLY OR FULLY SERVED, THE DEPARTMENT
    22  MAY KEEP A RECORD OF THE OFFENSE FOR THE PURPOSE OF SHOWING THE
    23  SUSPENSION WAS IMPOSED AGAINST THE PERSON[.], BUT THE OFFENSE
    24  SHALL NOT BE USED FOR THE PURPOSE OF CALCULATING THE REQUISITE
    25  NUMBER OF OFFENSES UNDER SECTION 1542 (RELATING TO REVOCATION OF
    26  HABITUAL OFFENDER'S LICENSE). IN ADDITION, THE DEPARTMENT MAY
    27  KEEP RECORDS OF CHARGES THAT HAVE BEEN FILED WITH THE COURTS IN
    28  ORDER TO DETERMINE A PERSON'S ELIGIBILITY FOR A PROBATIONARY
    29  LICENSE UNDER THE PROVISIONS OF SECTION 1554(B)(3) (RELATING TO
    30  PROBATIONARY LICENSE). ALL RECORDS MAINTAINED PURSUANT TO THIS
    20030S0008B1078                 - 19 -     

     1  SUBSECTION SHALL BE MAINTAINED FOR ADMINISTRATIVE AND LAW
     2  ENFORCEMENT USE ONLY AND SHALL NOT BE RELEASED FOR ANY OTHER
     3  PURPOSE.
     4     (D)  UPDATING DRIVING RECORD.--DRIVERS WISHING TO HAVE THEIR
     5  RECORD REVIEWED BY THE DEPARTMENT MAY MAKE SUCH A REQUEST IN
     6  ORDER THAT THE RECORD BE BROUGHT UP TO DATE. IN UPDATING
     7  RECORDS, THE DEPARTMENT SHALL INCLUDE RECALCULATION OF
     8  SUSPENSION OR REVOCATION SEGMENTS AND THE ASSIGNMENT AND
     9  CREDITING OF ANY SUSPENSION OR REVOCATION TIME PREVIOUSLY
    10  ASSIGNED OR CREDITED TOWARD A SUSPENSION OR REVOCATION WHICH
    11  RESULTED FROM A CONVICTION WHICH HAS BEEN VACATED, OVERTURNED,
    12  DISMISSED OR WITHDRAWN. ANY FULLY OR PARTIALLY SERVED SUSPENSION
    13  OR REVOCATION TIME MAY ONLY BE REASSIGNED OR CREDITED TOWARD A
    14  SUSPENSION OR REVOCATION SEGMENT PROCESSED ON THE DRIVER'S
    15  RECORD AS OF THE ACTUAL COMMENCEMENT DATE OF THE FULLY OR
    16  PARTIALLY SERVED SUSPENSION OR REVOCATION TIME.
    17  § 1532.  SUSPENSION OF OPERATING PRIVILEGE.
    18     * * *
    19     (B)  SUSPENSION.--
    20         * * *
    21         (3)  THE DEPARTMENT SHALL SUSPEND THE OPERATING PRIVILEGE
    22     OF ANY DRIVER FOR 12 MONTHS UPON RECEIVING A CERTIFIED RECORD
    23     OF THE DRIVER'S CONVICTION OF SECTION [3731 (RELATING TO
    24     DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE)
    25     OR] 3733 (RELATING TO FLEEING OR ATTEMPTING TO ELUDE POLICE
    26     OFFICER)[,] OR A SUBSTANTIALLY SIMILAR [OFFENSES] OFFENSE
    27     REPORTED TO THE DEPARTMENT UNDER ARTICLE III OF SECTION 1581
    28     (RELATING TO DRIVER'S LICENSE COMPACT), OR AN ADJUDICATION OF
    29     DELINQUENCY BASED ON SECTION [3731 OR] 3733. THE DEPARTMENT
    30     SHALL SUSPEND THE OPERATING PRIVILEGE OF ANY DRIVER FOR SIX
    20030S0008B1078                 - 20 -     

     1     MONTHS UPON RECEIVING A CERTIFIED RECORD OF A CONSENT DECREE
     2     GRANTED UNDER 42 PA.C.S. CH. 63 (RELATING TO JUVENILE
     3     MATTERS) BASED ON SECTION [3731 OR] 3733.
     4         * * *
     5     SECTION 11.  SECTION 1534(B) OF TITLE 75 IS AMENDED AND THE
     6  SECTION IS AMENDED BY ADDING SUBSECTIONS TO READ:
     7  § 1534.  NOTICE OF ACCEPTANCE OF ACCELERATED REHABILITATIVE
     8             DISPOSITION.
     9     * * *
    10     (B)  EXCEPTION.--IF A PERSON IS ARRESTED FOR ANY OFFENSE
    11  ENUMERATED IN SECTION [3731] 3802 (RELATING TO DRIVING UNDER
    12  INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE) AND IS OFFERED AND
    13  ACCEPTS ACCELERATED REHABILITATIVE DISPOSITION UNDER GENERAL
    14  RULES, THE COURT SHALL PROMPTLY NOTIFY THE DEPARTMENT. THE
    15  DEPARTMENT SHALL MAINTAIN A RECORD OF THE ACCEPTANCE OF
    16  ACCELERATED REHABILITATIVE DISPOSITION FOR A PERIOD OF [SEVEN]
    17  TEN YEARS FROM THE DATE OF NOTIFICATION. THIS RECORD SHALL NOT
    18  BE EXPUNGED [BY ORDER OF COURT.] PRIOR TO THE EXPIRATION OF THE
    19  TEN-YEAR PERIOD.
    20     (C)  EXPUNGEMENT.--IMMEDIATELY FOLLOWING THE EXPIRATION OF
    21  THE TEN-YEAR PERIOD, THE DEPARTMENT SHALL EXPUNGE THE RECORD OF
    22  THE ACCEPTANCE OF ACCELERATED REHABILITATIVE DISPOSITION. THE
    23  DEPARTMENT SHALL NOT REQUIRE AN ORDER OF COURT TO EXPUNGE THE
    24  RECORD.
    25     (D)  EXCEPTIONS TO EXPUNGEMENT.--THE DEPARTMENT SHALL NOT BE
    26  REQUIRED TO EXPUNGE THE RECORD OF ACCEPTANCE OF ACCELERATED
    27  REHABILITATIVE DISPOSITION IF:
    28         (1)  DURING THE TEN-YEAR PERIOD, THE DEPARTMENT REVOKES
    29     THE OPERATING PRIVILEGES OF A PERSON PURSUANT TO SECTION 1542
    30     (RELATING TO REVOCATION OF HABITUAL OFFENDER'S LICENSE); OR
    20030S0008B1078                 - 21 -     

     1         (2)  THE PERSON WAS A COMMERCIAL DRIVER AT THE TIME OF
     2     THE VIOLATION CAUSING THE DISPOSITION.
     3     SECTION 12.  SECTIONS 1541(A.1) AND (D), 1542(B), 1543(B) AND
     4  1547(B)(1), (C), (D), (E) AND (I) OF TITLE 75 ARE AMENDED TO
     5  READ:
     6  § 1541.  PERIOD OF DISQUALIFICATION, REVOCATION OR SUSPENSION OF
     7             OPERATING PRIVILEGE.
     8     * * *
     9     (A.1)  CREDIT TOWARD SERVING PERIOD OF SUSPENSION FOR CERTAIN
    10  VIOLATIONS.--CREDIT TOWARD SERVING THE PERIOD OF SUSPENSION OR
    11  REVOCATION IMPOSED FOR SECTIONS [3731 (RELATING TO DRIVING UNDER
    12  INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE),] 3732 (RELATING
    13  TO HOMICIDE BY VEHICLE), 3735 (RELATING TO HOMICIDE BY VEHICLE
    14  WHILE DRIVING UNDER THE INFLUENCE) [AND], 3735.1 (RELATING TO
    15  AGGRAVATED ASSAULT BY VEHICLE WHILE DRIVING UNDER THE INFLUENCE)
    16  AND 3802 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR
    17  CONTROLLED SUBSTANCE) SHALL NOT COMMENCE UNTIL THE DATE OF THE
    18  PERSON'S RELEASE FROM PRISON.
    19     * * *
    20     (D)  CONTINUED SUSPENSION OF OPERATING PRIVILEGE.--A
    21  DEFENDANT ORDERED BY THE COURT UNDER SECTION [1548] 3816
    22  (RELATING TO REQUIREMENTS FOR DRIVING UNDER INFLUENCE
    23  OFFENDERS), AS THE RESULT OF A CONVICTION OR ACCELERATED
    24  REHABILITATIVE DISPOSITION OF A VIOLATION OF SECTION [3731
    25  (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED
    26  SUBSTANCE)] 3802, TO ATTEND A TREATMENT PROGRAM FOR ALCOHOL OR
    27  DRUG ADDICTION MUST SUCCESSFULLY COMPLETE ALL REQUIREMENTS OF
    28  THE TREATMENT PROGRAM ORDERED BY THE COURT BEFORE THE
    29  DEFENDANT'S OPERATING PRIVILEGE MAY BE RESTORED. SUCCESSFUL
    30  COMPLETION OF A TREATMENT PROGRAM INCLUDES THE PAYMENT OF ALL
    20030S0008B1078                 - 22 -     

     1  COURT-IMPOSED FINES AND COSTS, AS WELL AS FEES TO BE PAID TO THE
     2  TREATMENT PROGRAM BY THE DEFENDANT. IF A DEFENDANT FAILS TO
     3  SUCCESSFULLY COMPLETE THE REQUIREMENTS OF A TREATMENT PROGRAM,
     4  THE SUSPENSION SHALL REMAIN IN EFFECT UNTIL THE DEFENDANT
     5  COMPLETES THE PROGRAM AND IS OTHERWISE ELIGIBLE FOR RESTORATION
     6  OF HIS OPERATING PRIVILEGE. THE TREATMENT AGENCY SHALL
     7  IMMEDIATELY NOTIFY THE COURT OF SUCCESSFUL COMPLETION OF THE
     8  TREATMENT PROGRAM. THE FINAL DECISION AS TO WHETHER A DEFENDANT
     9  HAS SUCCESSFULLY COMPLETED THE TREATMENT PROGRAM RESTS WITH THE
    10  COURT.
    11  § 1542.  REVOCATION OF HABITUAL OFFENDER'S LICENSE.
    12     * * *
    13     (B)  OFFENSES ENUMERATED.--THREE CONVICTIONS ARISING FROM
    14  SEPARATE ACTS OF ANY ONE OR MORE OF THE FOLLOWING OFFENSES
    15  COMMITTED BY ANY PERSON SHALL RESULT IN SUCH PERSON BEING
    16  DESIGNATED AS A HABITUAL OFFENDER:
    17         (1)  ANY VIOLATION OF SUBCHAPTER B OF CHAPTER 37
    18     (RELATING TO SERIOUS TRAFFIC OFFENSES).
    19         (1.1)  ANY VIOLATION OF CHAPTER 38 (RELATING TO DRIVING
    20     WHILE IMPAIRED).
    21         (2)  ANY VIOLATION OF SECTION 3367 (RELATING TO RACING ON
    22     HIGHWAYS).
    23         (3)  ANY VIOLATION OF SECTION 3742 (RELATING TO ACCIDENTS
    24     INVOLVING DEATH OR PERSONAL INJURY).
    25         (3.1)  ANY VIOLATION OF SECTION 3742.1 (RELATING TO
    26     ACCIDENTS INVOLVING DEATH OR PERSONAL INJURY WHILE NOT
    27     PROPERLY LICENSED).
    28         (4)  ANY VIOLATION OF SECTION 3743 (RELATING TO ACCIDENTS
    29     INVOLVING DAMAGE TO ATTENDED VEHICLE OR PROPERTY).
    30     * * *
    20030S0008B1078                 - 23 -     

     1  § 1543.  DRIVING WHILE OPERATING PRIVILEGE IS SUSPENDED OR
     2             REVOKED.
     3     * * *
     4     (B)  CERTAIN OFFENSES.--
     5         (1)  A PERSON WHO DRIVES A MOTOR VEHICLE ON A HIGHWAY OR
     6     TRAFFICWAY OF THIS COMMONWEALTH AT A TIME WHEN THE PERSON'S
     7     OPERATING PRIVILEGE IS SUSPENDED OR REVOKED AS A CONDITION OF
     8     ACCEPTANCE OF ACCELERATED REHABILITATIVE DISPOSITION FOR A
     9     VIOLATION OF SECTION [3731] 3802 (RELATING TO DRIVING UNDER
    10     INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE) OR BECAUSE OF A
    11     VIOLATION OF SECTION 1547(B)(1) (RELATING TO SUSPENSION FOR
    12     REFUSAL) OR [3731] 3802 OR IS SUSPENDED UNDER SECTION 1581
    13     (RELATING TO DRIVER'S LICENSE COMPACT) FOR AN OFFENSE
    14     SUBSTANTIALLY SIMILAR TO A VIOLATION OF SECTION [3731] 3802
    15     SHALL, UPON CONVICTION, BE GUILTY OF A SUMMARY OFFENSE AND
    16     SHALL BE SENTENCED TO PAY A FINE OF [$1,000] $500 AND TO
    17     UNDERGO IMPRISONMENT FOR A PERIOD OF NOT LESS THAN [90] 60
    18     DAYS.
    19         (1.1)  (I)  A PERSON WHO HAS AN AMOUNT OF ALCOHOL BY
    20         WEIGHT IN HIS BLOOD THAT IS EQUAL TO OR GREATER THAN .02%
    21         OR [IS UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE AS
    22         DEFINED IN SECTION 1603 (RELATING TO DEFINITIONS)] WHO
    23         HAS ANY AMOUNT OF A SCHEDULE I, II OR III CONTROLLED
    24         SUBSTANCE, AS DEFINED IN THE ACT OF APRIL 14, 1972
    25         (P.L.233, NO.64), KNOWN AS THE CONTROLLED SUBSTANCE,
    26         DRUG, DEVICE AND COSMETIC ACT, OR ITS METABOLITE, WHICH
    27         HAS NOT BEEN MEDICALLY PRESCRIBED FOR THE INDIVIDUAL AND
    28         WHO DRIVES A MOTOR VEHICLE ON ANY HIGHWAY OR TRAFFICWAY
    29         OF THIS COMMONWEALTH AT A TIME WHEN THE PERSON'S
    30         OPERATING PRIVILEGE IS SUSPENDED OR REVOKED AS A
    20030S0008B1078                 - 24 -     

     1         CONDITION OF ACCEPTANCE OF ACCELERATED REHABILITATIVE
     2         DISPOSITION FOR A VIOLATION OF SECTION [3731] 3802 OR
     3         BECAUSE OF A VIOLATION OF SECTION 1547(B)(1) OR [3731]
     4         3802 OR IS SUSPENDED UNDER SECTION 1581 FOR AN OFFENSE
     5         SUBSTANTIALLY SIMILAR TO A VIOLATION OF SECTION [3731]
     6         3802 SHALL, UPON A FIRST CONVICTION, BE GUILTY OF A
     7         SUMMARY OFFENSE AND SHALL BE SENTENCED TO PAY A FINE OF
     8         $1,000 AND TO UNDERGO IMPRISONMENT FOR A PERIOD OF NOT
     9         LESS THAN 90 DAYS.
    10             (II)  A SECOND VIOLATION OF THIS PARAGRAPH SHALL
    11         CONSTITUTE A MISDEMEANOR OF THE THIRD DEGREE, AND UPON
    12         CONVICTION THEREOF THE PERSON SHALL BE SENTENCED TO PAY A
    13         FINE OF $2,500 AND TO UNDERGO IMPRISONMENT FOR NOT LESS
    14         THAN SIX MONTHS.
    15             (III)  A THIRD OR SUBSEQUENT VIOLATION OF THIS
    16         PARAGRAPH SHALL CONSTITUTE A MISDEMEANOR OF THE FIRST
    17         DEGREE, AND UPON CONVICTION THEREOF THE PERSON SHALL BE
    18         SENTENCED TO PAY A FINE OF $5,000 AND TO UNDERGO
    19         IMPRISONMENT FOR NOT LESS THAN TWO YEARS.
    20         (2)  THIS SUBSECTION SHALL APPLY TO ANY PERSON AGAINST
    21     WHOM ONE OF THESE SUSPENSIONS HAS BEEN IMPOSED WHETHER THE
    22     PERSON IS CURRENTLY SERVING THIS SUSPENSION OR WHETHER THE
    23     EFFECTIVE DATE OF SUSPENSION HAS BEEN DEFERRED UNDER ANY OF
    24     THE PROVISIONS OF SECTION 1544 (RELATING TO ADDITIONAL PERIOD
    25     OF REVOCATION OR SUSPENSION). THIS PROVISION SHALL ALSO APPLY
    26     UNTIL THE PERSON HAS HAD THE OPERATING PRIVILEGE RESTORED.
    27     THIS SUBSECTION SHALL ALSO APPLY TO ANY REVOCATION IMPOSED
    28     PURSUANT TO SECTION 1542 (RELATING TO REVOCATION OF HABITUAL
    29     OFFENDER'S LICENSE) IF ANY OF THE ENUMERATED OFFENSES WAS FOR
    30     A VIOLATION OF SECTION [3731] 3802 OR FOR AN OUT-OF-STATE
    20030S0008B1078                 - 25 -     

     1     OFFENSE THAT IS SUBSTANTIALLY SIMILAR TO A VIOLATION OF
     2     SECTION [3731] 3802 FOR WHICH A REVOCATION IS IMPOSED UNDER
     3     SECTION 1581.
     4     * * *
     5  § 1547.  CHEMICAL TESTING TO DETERMINE AMOUNT OF ALCOHOL OR
     6             CONTROLLED SUBSTANCE.
     7     * * *
     8     (B)  SUSPENSION FOR REFUSAL.--
     9         (1)  IF ANY PERSON PLACED UNDER ARREST FOR A VIOLATION OF
    10     SECTION [3731] 3802 (RELATING TO DRIVING UNDER INFLUENCE OF
    11     ALCOHOL OR CONTROLLED SUBSTANCE) IS REQUESTED TO SUBMIT TO
    12     CHEMICAL TESTING AND REFUSES TO DO SO, THE TESTING SHALL NOT
    13     BE CONDUCTED BUT UPON NOTICE BY THE POLICE OFFICER, THE
    14     DEPARTMENT SHALL SUSPEND THE OPERATING PRIVILEGE OF THE
    15     PERSON [FOR A PERIOD OF 12 MONTHS.] AS FOLLOWS:
    16             (I)  EXCEPT AS SET FORTH IN SUBPARAGRAPH (II), FOR A
    17         PERIOD OF 12 MONTHS.
    18             (II)  FOR A PERIOD OF 24 MONTHS IF ANY OF THE
    19         FOLLOWING APPLY:
    20                 (A)  THE PERSON'S OPERATING PRIVILEGES HAVE
    21             PREVIOUSLY BEEN SUSPENDED UNDER THIS SUBSECTION.
    22                 (B)  THE PERSON HAS, PRIOR TO THE REFUSAL UNDER
    23             THIS PARAGRAPH, BEEN SENTENCED FOR:
    24                     (I)  AN OFFENSE UNDER FORMER SECTION 3731;
    25                     (II)  AN OFFENSE UNDER SECTION 3802 (RELATING
    26                 TO DRIVING UNDER INFLUENCE OF ALCOHOL OR
    27                 CONTROLLED SUBSTANCE);
    28                     (III)  AN OFFENSE EQUIVALENT TO AN OFFENSE
    29                 UNDER SUBCLAUSE (I) OR (II); OR
    30                     (IV)  A COMBINATION OF THE OFFENSES SET FORTH
    20030S0008B1078                 - 26 -     

     1                 IN THIS CLAUSE.
     2         * * *
     3     (C)  TEST RESULTS ADMISSIBLE IN EVIDENCE.--IN ANY SUMMARY
     4  PROCEEDING OR CRIMINAL PROCEEDING IN WHICH THE DEFENDANT IS
     5  CHARGED WITH A VIOLATION OF SECTION [3731] 3802 OR ANY OTHER
     6  VIOLATION OF THIS TITLE ARISING OUT OF THE SAME ACTION, THE
     7  AMOUNT OF ALCOHOL OR CONTROLLED SUBSTANCE IN THE DEFENDANT'S
     8  BLOOD, AS SHOWN BY CHEMICAL TESTING OF THE PERSON'S BREATH,
     9  BLOOD OR URINE, WHICH TESTS WERE CONDUCTED BY QUALIFIED PERSONS
    10  USING APPROVED EQUIPMENT, SHALL BE ADMISSIBLE IN EVIDENCE.
    11         (1)  CHEMICAL TESTS OF BREATH SHALL BE PERFORMED ON
    12     DEVICES APPROVED BY THE DEPARTMENT OF HEALTH USING PROCEDURES
    13     PRESCRIBED JOINTLY BY REGULATIONS OF THE DEPARTMENTS OF
    14     HEALTH AND TRANSPORTATION. DEVICES SHALL HAVE BEEN CALIBRATED
    15     AND TESTED FOR ACCURACY WITHIN A PERIOD OF TIME AND IN A
    16     MANNER SPECIFIED BY REGULATIONS OF THE DEPARTMENTS OF HEALTH
    17     AND TRANSPORTATION. FOR PURPOSES OF BREATH TESTING, A
    18     QUALIFIED PERSON MEANS A PERSON WHO HAS FULFILLED THE
    19     TRAINING REQUIREMENT IN THE USE OF THE EQUIPMENT IN A
    20     TRAINING PROGRAM APPROVED BY THE DEPARTMENTS OF HEALTH AND
    21     TRANSPORTATION. A CERTIFICATE OR LOG SHOWING THAT A DEVICE
    22     WAS CALIBRATED AND TESTED FOR ACCURACY AND THAT THE DEVICE
    23     WAS ACCURATE SHALL BE PRESUMPTIVE EVIDENCE OF THOSE FACTS IN
    24     EVERY PROCEEDING IN WHICH A VIOLATION OF THIS TITLE IS
    25     CHARGED.
    26         (2)  CHEMICAL TESTS OF BLOOD OR URINE, IF CONDUCTED BY A
    27     FACILITY LOCATED IN THIS COMMONWEALTH, SHALL BE PERFORMED BY
    28     A CLINICAL LABORATORY LICENSED AND APPROVED BY THE DEPARTMENT
    29     OF HEALTH FOR THIS PURPOSE USING PROCEDURES AND EQUIPMENT
    30     PRESCRIBED BY THE DEPARTMENT OF HEALTH OR BY A PENNSYLVANIA
    20030S0008B1078                 - 27 -     

     1     STATE POLICE CRIMINAL LABORATORY. FOR PURPOSES OF BLOOD AND
     2     URINE TESTING, QUALIFIED PERSON MEANS AN INDIVIDUAL WHO IS
     3     AUTHORIZED TO PERFORM THOSE CHEMICAL TESTS UNDER THE ACT OF
     4     SEPTEMBER 26, 1951 (P.L.1539, NO.389), KNOWN AS THE CLINICAL
     5     LABORATORY ACT.
     6         (3)  CHEMICAL TESTS OF BLOOD OR URINE, IF CONDUCTED BY A
     7     FACILITY LOCATED OUTSIDE THIS COMMONWEALTH, SHALL BE
     8     PERFORMED:
     9             (I)  BY A FACILITY LICENSED BY THE DEPARTMENT OF
    10         HEALTH; OR
    11             (II)  BY A FACILITY LICENSED TO CONDUCT THE TESTS BY
    12         THE STATE IN WHICH THE FACILITY IS LOCATED AND LICENSED
    13         PURSUANT TO THE CLINICAL LABORATORY IMPROVEMENT
    14         AMENDMENTS OF 1988 (PUBLIC LAW 100-578, 102 STAT. 2903).
    15     [(D)  PRESUMPTIONS FROM AMOUNT OF ALCOHOL.--IF CHEMICAL
    16  TESTING OF A PERSON'S BREATH, BLOOD OR URINE SHOWS:
    17         (1)  THAT THE AMOUNT OF ALCOHOL BY WEIGHT IN THE BLOOD OF
    18     AN ADULT IS 0.05% OR LESS, IT SHALL BE PRESUMED THAT THE
    19     ADULT WAS NOT UNDER THE INFLUENCE OF ALCOHOL AND THE ADULT
    20     SHALL NOT BE CHARGED WITH ANY VIOLATION UNDER SECTION
    21     3731(A)(1), (4) OR (5) (RELATING TO DRIVING UNDER INFLUENCE
    22     OF ALCOHOL OR CONTROLLED SUBSTANCE), OR, IF THE ADULT WAS SO
    23     CHARGED PRIOR TO THE TEST, THE CHARGE SHALL BE VOID AB
    24     INITIO. THIS FACT SHALL NOT GIVE RISE TO ANY PRESUMPTION
    25     CONCERNING A VIOLATION OF SECTION 3731(A)(2) OR (3) OR (I).
    26         (2)  THAT THE AMOUNT OF ALCOHOL BY WEIGHT IN THE BLOOD OF
    27     AN ADULT IS IN EXCESS OF 0.05% BUT LESS THAN 0.10%, THIS FACT
    28     SHALL NOT GIVE RISE TO ANY PRESUMPTION THAT THE ADULT WAS OR
    29     WAS NOT UNDER THE INFLUENCE OF ALCOHOL, BUT THIS FACT MAY BE
    30     CONSIDERED WITH OTHER COMPETENT EVIDENCE IN DETERMINING
    20030S0008B1078                 - 28 -     

     1     WHETHER THE ADULT WAS OR WAS NOT UNDER THE INFLUENCE OF
     2     ALCOHOL. THIS PROVISION SHALL NOT NEGATE THE PROVISIONS OF
     3     SECTION 3731(I).
     4         (3)  THAT THE AMOUNT OF ALCOHOL BY WEIGHT IN THE BLOOD
     5     OF:
     6             (I)  AN ADULT IS 0.10% OR MORE; OR
     7             (II)  A MINOR IS 0.02% OR MORE,
     8     THIS FACT MAY BE INTRODUCED INTO EVIDENCE IF THE PERSON IS
     9     CHARGED WITH VIOLATING SECTION 3731.]
    10     (E)  REFUSAL ADMISSIBLE IN EVIDENCE.--IN ANY SUMMARY
    11  PROCEEDING OR CRIMINAL PROCEEDING IN WHICH THE DEFENDANT IS
    12  CHARGED WITH A VIOLATION OF SECTION [3731] 3802 OR ANY OTHER
    13  VIOLATION OF THIS TITLE ARISING OUT OF THE SAME ACTION, THE FACT
    14  THAT THE DEFENDANT REFUSED TO SUBMIT TO CHEMICAL TESTING AS
    15  REQUIRED BY SUBSECTION (A) MAY BE INTRODUCED IN EVIDENCE ALONG
    16  WITH OTHER TESTIMONY CONCERNING THE CIRCUMSTANCES OF THE
    17  REFUSAL. NO PRESUMPTIONS SHALL ARISE FROM THIS EVIDENCE BUT IT
    18  MAY BE CONSIDERED ALONG WITH OTHER FACTORS CONCERNING THE
    19  CHARGE.
    20     * * *
    21     (I)  REQUEST BY DRIVER FOR TEST.--ANY PERSON INVOLVED IN AN
    22  ACCIDENT OR PLACED UNDER ARREST FOR A VIOLATION OF SECTION
    23  [3731] 3802 MAY REQUEST A CHEMICAL TEST OF HIS BREATH, BLOOD OR
    24  URINE. SUCH REQUESTS SHALL BE HONORED WHEN IT IS REASONABLY
    25  PRACTICABLE TO DO SO.
    26     * * *
    27     SECTION 13.  SECTION 1548 OF TITLE 75 IS REPEALED.
    28     SECTION 14.  SECTION 1552 OF TITLE 75 IS AMENDED TO READ:
    29  § 1552.  ACCELERATED REHABILITATIVE DISPOSITION.
    30     THE COURT OF COMMON PLEAS IN EACH JUDICIAL DISTRICT AND THE
    20030S0008B1078                 - 29 -     

     1  MUNICIPAL COURT OF PHILADELPHIA SHALL ESTABLISH AND IMPLEMENT A
     2  PROGRAM FOR ACCELERATED REHABILITATIVE DISPOSITION FOR PERSONS
     3  CHARGED WITH A VIOLATION OF SECTION [3731] 3802 (RELATING TO
     4  DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE) IN
     5  ACCORDANCE WITH THE PROVISIONS OF THIS CHAPTER AND RULES ADOPTED
     6  BY THE SUPREME COURT.
     7     SECTION 15.  SECTION 1553(D), (6), (8) AND (16), (E) AND
     8  (F)(1) ARE AMENDED AND THE SECTION IS AMENDED BY ADDING
     9  SUBSECTIONS TO READ:
    10  § 1553.  OCCUPATIONAL LIMITED LICENSE.
    11     * * *
    12     (D)  UNAUTHORIZED ISSUANCE.--THE DEPARTMENT SHALL PROHIBIT
    13  ISSUANCE OF AN OCCUPATIONAL LIMITED LICENSE TO:
    14         * * *
    15         (6) [ ANY] EXCEPT AS SET FORTH IN SUBSECTION (D.1) OR
    16     (D.2) ANY PERSON WHO HAS  BEEN ADJUDICATED DELINQUENT OR
    17     CONVICTED OF DRIVING UNDER THE INFLUENCE OF ALCOHOL OR
    18     CONTROLLED SUBSTANCE UNLESS THE SUSPENSION OR REVOCATION
    19     IMPOSED FOR THAT CONVICTION HAS BEEN FULLY SERVED.
    20         * * *
    21         (8)  [ANY] EXCEPT AS SET FORTH IN SUBSECTIONS (D.1) AND
    22     (D.2), ANY PERSON WHO HAS BEEN GRANTED A CONSENT DECREE OR
    23     ACCELERATED REHABILITATIVE DISPOSITION FOR DRIVING UNDER THE
    24     INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE AND WHOSE
    25     LICENSE HAS BEEN SUSPENDED BY THE DEPARTMENT UNLESS THE
    26     SUSPENSION IMPOSED HAS BEEN FULLY SERVED.
    27         * * *
    28         (16)  [ANY] EXCEPT AS SET FORTH IN SUBSECTION (D.3), ANY
    29     PERSON WHOSE OPERATING PRIVILEGE HAS BEEN SUSPENDED UNDER AN
    30     INTERJURISDICTIONAL AGREEMENT AS PROVIDED FOR IN SECTION 6146
    20030S0008B1078                 - 30 -     

     1     AS THE RESULT OF A CONVICTION OR ADJUDICATION IF THE
     2     CONVICTION OR ADJUDICATION FOR AN EQUIVALENT OFFENSE IN THIS
     3     COMMONWEALTH WOULD HAVE PROHIBITED THE ISSUANCE OF AN
     4     OCCUPATIONAL LIMITED LICENSE.
     5         * * *
     6     (D.1)  ADJUDICATION ELIGIBILITY.--AN INDIVIDUAL WHO HAS BEEN
     7  ADJUDICATED DELINQUENT, CONVICTED, GRANTED A CONSENT DECREE OR
     8  GRANTED ACCELERATED REHABILITATION DISPOSITION FOR DRIVING UNDER
     9  THE INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE AND DOES NOT
    10  HAVE A PRIOR OFFENSE AS DEFINED IN SECTION 3806(A) (RELATING TO
    11  PRIOR OFFENSES) SHALL BE ELIGIBLE FOR AN OCCUPATIONAL LIMITED
    12  LICENSE.
    13     (D.2)  SUSPENSION ELIGIBILITY.--
    14         (1)  AN INDIVIDUAL WHOSE LICENSE HAS BEEN SUSPENDED FOR A
    15     PERIOD OF 24 MONTHS UNDER SECTION 1547(B)(1)(II) (RELATING TO
    16     CHEMICAL TESTING TO DETERMINE AMOUNT OF ALCOHOL OR CONTROLLED
    17     SUBSTANCE) OR 3804(E)(2)(II) (RELATING TO PENALTIES) SHALL
    18     NOT BE PROHIBITED FROM OBTAINING AN OCCUPATIONAL LIMITED
    19     LICENSE UNDER THIS SECTION IF THE INDIVIDUAL:
    20             (I)  IS OTHERWISE ELIGIBLE FOR RESTORATION;
    21             (II)  HAS SERVED AT LEAST 12 MONTHS OF THE LICENSE
    22         SUSPENSION;
    23             (III)  ONLY OPERATES A MOTOR VEHICLE EQUIPPED WITH AN
    24         IGNITION INTERLOCK SYSTEM AS DEFINED IN SECTION 3801
    25         (RELATING TO DEFINITIONS); AND
    26             (IV)  HAS CERTIFIED TO THE DEPARTMENT UNDER PARAGRAPH
    27         (3).
    28         (2)  A PERIOD OF IGNITION INTERLOCK ACCEPTED UNDER THIS
    29     SUBSECTION SHALL NOT COUNT TOWARDS THE ONE-YEAR MANDATORY
    30     PERIOD OF IGNITION INTERLOCK IMPOSED UNDER SECTION 3805
    20030S0008B1078                 - 31 -     

     1     (RELATING TO IGNITION INTERLOCK).
     2         (3)  IF AN INDIVIDUAL SEEKS AN OCCUPATIONAL LIMITED
     3     LICENSE UNDER THIS SUBSECTION, THE DEPARTMENT SHALL REQUIRE
     4     THAT EACH MOTOR VEHICLE OWNED OR REGISTERED TO THE PERSON HAS
     5     BEEN EQUIPPED WITH AN APPROVED IGNITION INTERLOCK SYSTEM AS A
     6     CONDITION OF ISSUING AN OCCUPATIONAL LIMITED LICENSE WITH AN
     7     IGNITION INTERLOCK RESTRICTION.
     8     (D.3)  INTERJURISDICTIONAL SUSPENSIONS.--AN INDIVIDUAL WHOSE
     9  OPERATING PRIVILEGE HAS BEEN SUSPENDED PURSUANT TO AN
    10  INTERJURISDICTIONAL AGREEMENT UNDER SECTION 6146 AS THE RESULT
    11  OF AN ADJUDICATION OR CONVICTION FOR DRIVING UNDER THE INFLUENCE
    12  OF ALCOHOL OR CONTROLLED SUBSTANCE AND DOES NOT HAVE A PRIOR
    13  OFFENSE AS DEFINED IN SECTION 3806(A) SHALL BE ELIGIBLE FOR AN
    14  OCCUPATIONAL LIMITED LICENSE.
    15     (E)  OFFENSES COMMITTED DURING A PERIOD FOR WHICH AN
    16  OCCUPATIONAL LIMITED LICENSE HAS BEEN ISSUED.--ANY DRIVER WHO
    17  HAS BEEN ISSUED AN OCCUPATIONAL LIMITED LICENSE AND AS TO WHOM
    18  THE DEPARTMENT RECEIVES A REPORT OF CONVICTION OF AN OFFENSE FOR
    19  WHICH THE PENALTY IS A CANCELLATION, DISQUALIFICATION, RECALL,
    20  SUSPENSION OR REVOCATION OF OPERATING PRIVILEGES OR A REPORT
    21  UNDER SECTION 3815(C)(4) (RELATING TO MANDATORY SENTENCING)
    22  SHALL HAVE THE OCCUPATIONAL LIMITED LICENSE RECALLED, AND THE
    23  DRIVER SHALL SURRENDER THE LIMITED LICENSE TO THE DEPARTMENT OR
    24  ITS AGENTS DESIGNATED UNDER THE AUTHORITY OF SECTION 1540.
    25     (F)  RESTRICTIONS.--A DRIVER WHO HAS BEEN ISSUED AN
    26  OCCUPATIONAL LIMITED LICENSE SHALL OBSERVE THE FOLLOWING:
    27         (1)  THE DRIVER SHALL OPERATE A DESIGNATED VEHICLE ONLY
    28     [BETWEEN]:
    29             (I)  BETWEEN THE DRIVER'S PLACE OF RESIDENCE AND
    30         PLACE OF EMPLOYMENT OR STUDY AND AS NECESSARY IN THE
    20030S0008B1078                 - 32 -     

     1         COURSE OF EMPLOYMENT OR CONDUCTING A BUSINESS OR PURSUING
     2         A COURSE OF STUDY WHERE THE OPERATION OF A MOTOR VEHICLE
     3         IS A REQUIREMENT OF EMPLOYMENT OR OF CONDUCTING A
     4         BUSINESS OR OF PURSUING A COURSE OF STUDY.
     5             (II)  TO AND FROM A PLACE FOR SCHEDULED OR EMERGENCY
     6         MEDICAL EXAMINATION OR TREATMENT. THIS SUBPARAGRAPH
     7         INCLUDES TREATMENT REQUIRED UNDER CHAPTER 38 (RELATING TO
     8         DRIVING WHILE IMPAIRED).
     9         * * *
    10     SECTION 16.  SECTIONS 1554(F)(8), 1575(B), 1586, 1611(A)(1),
    11  3101(B), 3116(L)(2) AND (Q), 3326(C), 3327(E) AND 3716(A) ARE
    12  AMENDED TO READ:
    13  § 1554.  PROBATIONARY LICENSE.
    14     * * *
    15     (F)  UNAUTHORIZED ISSUANCE.--THE DEPARTMENT SHALL NOT ISSUE A
    16  PROBATIONARY LICENSE TO:
    17         * * *
    18         (8)  A PERSON WHO HAS BEEN CONVICTED OF A VIOLATION OF
    19     SECTION [3731] 3802 (RELATING TO DRIVING UNDER INFLUENCE OF
    20     ALCOHOL OR CONTROLLED SUBSTANCE) WITHIN THE PRECEDING SEVEN
    21     YEARS.
    22         * * *
    23  § 1575.  PERMITTING VIOLATION OF TITLE.
    24     * * *
    25     (B)  PENALTY.--ANY PERSON VIOLATING THE PROVISIONS OF
    26  SUBSECTION (A) IS GUILTY OF A SUMMARY OFFENSE AND IS SUBJECT TO
    27  THE SAME FINE AS THE DRIVER OF THE VEHICLE. IF THE DRIVER IS
    28  CONVICTED UNDER SECTION [3731 (RELATING TO DRIVING UNDER
    29  INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE) OR] 3735 (RELATING
    30  TO HOMICIDE BY VEHICLE WHILE DRIVING UNDER INFLUENCE) OR 3802
    20030S0008B1078                 - 33 -     

     1  (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED
     2  SUBSTANCE), THE PERSON VIOLATING SUBSECTION (A) SHALL ALSO BE
     3  SUBJECT TO SUSPENSION OR REVOCATION, AS APPLICABLE, UNDER
     4  SECTIONS [1532 (RELATING TO REVOCATION OR SUSPENSION OF
     5  OPERATING PRIVILEGE)] 3804(E) (RELATING TO PENALTIES) AND 1542
     6  (RELATING TO REVOCATION OF HABITUAL OFFENDER'S LICENSE).
     7     * * *
     8  § 1586.  DUTIES OF DEPARTMENT.
     9     THE DEPARTMENT SHALL, FOR PURPOSES OF IMPOSING A SUSPENSION
    10  OR REVOCATION UNDER ARTICLE IV OF THE COMPACT, TREAT REPORTS OF
    11  CONVICTIONS RECEIVED FROM PARTY STATES THAT RELATE TO DRIVING,
    12  OPERATING OR BEING IN ACTUAL PHYSICAL CONTROL OF A VEHICLE WHILE
    13  IMPAIRED BY OR UNDER THE INFLUENCE OF ALCOHOL, INTOXICATING
    14  LIQUOR, DRUGS, NARCOTICS, CONTROLLED SUBSTANCES OR OTHER
    15  IMPAIRING OR INTOXICATING SUBSTANCE AS BEING SUBSTANTIALLY
    16  SIMILAR TO SECTION [3731] 3802 (RELATING TO DRIVING UNDER THE
    17  INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE). THE FACT THAT THE
    18  OFFENSE REPORTED TO THE DEPARTMENT BY A PARTY STATE MAY REQUIRE
    19  A DIFFERENT DEGREE OF IMPAIRMENT OF A PERSON'S ABILITY TO
    20  OPERATE, DRIVE OR CONTROL A VEHICLE THAN THAT REQUIRED TO
    21  SUPPORT A CONVICTION FOR A VIOLATION OF SECTION [3731] 3802
    22  SHALL NOT BE A BASIS FOR DETERMINING THAT THE PARTY STATE'S
    23  OFFENSE IS NOT SUBSTANTIALLY SIMILAR TO SECTION [3731] 3802 FOR
    24  PURPOSES OF ARTICLE IV OF THE COMPACT.
    25  § 1611.  DISQUALIFICATION.
    26     (A)  DISQUALIFICATION FOR FIRST VIOLATION OF CERTAIN
    27  OFFENSES.--UPON RECEIPT OF A CERTIFIED COPY OF CONVICTION, THE
    28  DEPARTMENT SHALL, IN ADDITION TO ANY OTHER PENALTIES IMPOSED
    29  UNDER THIS TITLE, DISQUALIFY ANY PERSON FROM DRIVING A
    30  COMMERCIAL MOTOR VEHICLE OR SCHOOL VEHICLE FOR A PERIOD OF ONE
    20030S0008B1078                 - 34 -     

     1  YEAR FOR THE FIRST VIOLATION OF:
     2         (1)  SECTION [3731] 3802 (RELATING TO DRIVING UNDER THE
     3     INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE), WHERE THE
     4     VIOLATION OCCURRED WHILE THE PERSON WAS OPERATING A
     5     COMMERCIAL MOTOR VEHICLE OR SCHOOL VEHICLE;
     6         * * *
     7  § 3101.  APPLICATION OF PART.
     8     * * *
     9     (B)  SERIOUS TRAFFIC OFFENSES.--THE PROVISIONS OF SECTION
    10  3345 (RELATING TO MEETING OR OVERTAKING SCHOOL BUS) [AND],
    11  SUBCHAPTER B OF CHAPTER 37 (RELATING TO SERIOUS TRAFFIC
    12  OFFENSES) AND CHAPTER 38 (RELATING TO DRIVING WHILE IMPAIRED)
    13  SHALL APPLY UPON HIGHWAYS AND TRAFFICWAYS THROUGHOUT THIS
    14  COMMONWEALTH.
    15  § 3116.  AUTOMATED RED LIGHT ENFORCEMENT SYSTEMS IN FIRST CLASS
    16             CITIES.
    17     * * *
    18     (L)  PAYMENT OF FINE.--
    19         * * *
    20         (2)  PAYMENT MUST BE MADE PERSONALLY, THROUGH AN
    21     AUTHORIZED AGENT OR BY MAILING BOTH PAYMENT AND THE NOTICE OF
    22     VIOLATION TO THE SYSTEM ADMINISTRATOR. PAYMENT BY MAIL MUST
    23     BE MADE ONLY BY MONEY ORDER, CREDIT CARD OR CHECK MADE
    24     PAYABLE TO THE SYSTEM ADMINISTRATOR. THE SYSTEM ADMINISTRATOR
    25     SHALL REMIT THE FINE, LESS THE SYSTEM ADMINISTRATOR'S
    26     OPERATION AND MAINTENANCE COSTS NECESSITATED BY THIS SECTION,
    27     TO THE DEPARTMENT FOR DEPOSIT INTO THE MOTOR LICENSE FUND.
    28     FINES DEPOSITED IN THE FUND UNDER THIS PARAGRAPH SHALL BE
    29     USED BY THE DEPARTMENT [AS FOLLOWS:
    30             (I)  TO REIMBURSE THE SYSTEM ADMINISTRATOR FOR COSTS
    20030S0008B1078                 - 35 -     

     1         ASSOCIATED WITH THE IMPLEMENTATION OF THIS SECTION. THIS
     2         SUBPARAGRAPH INCLUDES COSTS FOR OPERATION AND
     3         MAINTENANCE.
     4             (II)  TO DEVELOP, BY REGULATION, A TRANSPORTATION
     5         ENHANCEMENTS GRANT PROGRAM.] TO DEVELOP, BY REGULATION, A
     6         TRANSPORTATION ENHANCEMENTS GRANT PROGRAM.
     7         * * *
     8     (Q)  EXPIRATION.--THIS SECTION SHALL EXPIRE DECEMBER 31,
     9  [2006] 2007.
    10  § 3326.  DUTY OF DRIVER IN CONSTRUCTION AND MAINTENANCE AREAS OR
    11             ON HIGHWAY SAFETY CORRIDORS.
    12     * * *
    13     (C)  FINES TO BE DOUBLED.-- FOR ANY OF THE FOLLOWING
    14  VIOLATIONS, WHEN COMMITTED IN AN ACTIVE WORK ZONE MANNED BY
    15  WORKERS ACTING IN THEIR OFFICIAL CAPACITY OR ON A HIGHWAY SAFETY
    16  CORRIDOR DESIGNATED UNDER SECTION 6105.1 (RELATING TO
    17  DESIGNATION OF HIGHWAY SAFETY CORRIDORS), THE FINE SHALL BE
    18  DOUBLE THE USUAL AMOUNT:
    19             SECTION 3102 (RELATING TO OBEDIENCE TO AUTHORIZED
    20         PERSONS DIRECTING TRAFFIC).
    21             SECTION 3111 (RELATING TO OBEDIENCE TO TRAFFIC-
    22         CONTROL DEVICES).
    23             SECTION 3112 (RELATING TO TRAFFIC-CONTROL SIGNALS).
    24             SECTION 3114 (RELATING TO FLASHING SIGNALS).
    25             SECTION 3302 (RELATING TO MEETING VEHICLE PROCEEDING
    26         IN OPPOSITE DIRECTION).
    27             SECTION 3303 (RELATING TO OVERTAKING VEHICLE ON THE
    28         LEFT).
    29             SECTION 3304 (RELATING TO OVERTAKING VEHICLE ON THE
    30         RIGHT).
    20030S0008B1078                 - 36 -     

     1             SECTION 3305 (RELATING TO LIMITATIONS ON OVERTAKING
     2         ON THE LEFT).
     3             SECTION 3306 (RELATING TO LIMITATIONS ON DRIVING ON
     4         LEFT SIDE OF ROADWAY).
     5             SECTION 3307 (RELATING TO NO-PASSING ZONES).
     6             SECTION 3309 (RELATING TO DRIVING ON ROADWAYS LANED
     7         FOR TRAFFIC).
     8             SECTION 3310 (RELATING TO FOLLOWING TOO CLOSELY).
     9             SECTION 3323 (RELATING TO STOP SIGNS AND YIELD
    10         SIGNS).
    11             SECTION 3326 (RELATING TO DUTY OF DRIVER IN
    12         CONSTRUCTION AND MAINTENANCE AREAS).
    13             SECTION 3361 (RELATING TO DRIVING VEHICLE AT SAFE
    14         SPEED).
    15             SECTION 3362 (RELATING TO MAXIMUM SPEED LIMITS).
    16             SECTION 3702 (RELATING TO LIMITATIONS ON BACKING).
    17             SECTION 3714 (RELATING TO CARELESS DRIVING).
    18             SECTION 3715 (RELATING TO RESTRICTION ON ALCOHOLIC
    19         BEVERAGES).
    20             [SECTION 3731 (RELATING TO DRIVING UNDER INFLUENCE OF
    21         ALCOHOL OR CONTROLLED SUBSTANCE).]
    22             SECTION 3736 (RELATING TO RECKLESS DRIVING).
    23             SECTION 3802 (RELATING TO DRIVING UNDER INFLUENCE OF
    24         ALCOHOL OR CONTROLLED SUBSTANCE).
    25     * * *
    26  § 3327.  DUTY OF DRIVER IN EMERGENCY RESPONSE AREAS.
    27     * * *
    28     (E)  FINES TO BE DOUBLED.--IN ADDITION TO ANY PENALTY AS
    29  PROVIDED IN SUBSECTION (B), THE FINE FOR ANY OF THE FOLLOWING
    30  VIOLATIONS WHEN COMMITTED IN AN EMERGENCY RESPONSE AREA MANNED
    20030S0008B1078                 - 37 -     

     1  BY EMERGENCY SERVICE RESPONDERS SHALL BE DOUBLE THE USUAL
     2  AMOUNT:
     3         SECTION 3102 (RELATING TO OBEDIENCE TO AUTHORIZED PERSONS
     4     DIRECTING TRAFFIC).
     5         SECTION 3111 (RELATING TO OBEDIENCE TO TRAFFIC-CONTROL
     6     DEVICES).
     7         SECTION 3114 (RELATING TO FLASHING SIGNALS).
     8         SECTION 3302 (RELATING TO MEETING VEHICLE PROCEEDING IN
     9     OPPOSITE DIRECTION).
    10         SECTION 3303 (RELATING TO OVERTAKING VEHICLE ON THE
    11     LEFT).
    12         SECTION 3304 (RELATING TO OVERTAKING VEHICLE ON THE
    13     RIGHT).
    14         SECTION 3305 (RELATING TO LIMITATIONS ON OVERTAKING ON
    15     THE LEFT).
    16         SECTION 3306 (RELATING TO LIMITATIONS ON DRIVING ON LEFT
    17     SIDE OF ROADWAY).
    18         SECTION 3307 (RELATING TO NO-PASSING ZONES).
    19         SECTION 3310 (RELATING TO FOLLOWING TOO CLOSELY).
    20         SECTION 3312 (RELATING TO LIMITED ACCESS HIGHWAY
    21     ENTRANCES AND EXITS).
    22         SECTION 3323 (RELATING TO STOP SIGNS AND YIELD SIGNS).
    23         SECTION 3325 (RELATING TO DUTY OF DRIVER ON APPROACH OF
    24     EMERGENCY VEHICLE).
    25         SECTION 3361 (RELATING TO DRIVING VEHICLE AT SAFE SPEED).
    26         SECTION 3707 (RELATING TO DRIVING OR STOPPING CLOSE TO
    27     FIRE APPARATUS).
    28         SECTION 3710 (RELATING TO STOPPING AT INTERSECTION OR
    29     CROSSING TO PREVENT OBSTRUCTION).
    30         SECTION 3714 (RELATING TO CARELESS DRIVING).
    20030S0008B1078                 - 38 -     

     1         SECTION 3715.1 (RELATING TO RESTRICTION ON ALCOHOLIC
     2     BEVERAGES).
     3         [SECTION 3731 (RELATING TO DRIVING UNDER INFLUENCE OF
     4     ALCOHOL OR CONTROLLED SUBSTANCE).]
     5         SECTION 3736 (RELATING TO RECKLESS DRIVING).
     6         SECTION 3802 (RELATING TO DRIVING UNDER INFLUENCE OF
     7     ALCOHOL OR CONTROLLED SUBSTANCE).
     8     * * *
     9  § 3716.  ACCIDENTS INVOLVING OVERTURNED VEHICLES.
    10     (A)  SPEEDING, CARELESS DRIVING, ETC.--IF A COMMERCIAL MOTOR
    11  VEHICLE OVERTURNS IN AN ACCIDENT RESULTING FROM A VIOLATION OF
    12  SECTION 3361 (RELATING TO DRIVING VEHICLE AT SAFE SPEED), 3362
    13  (RELATING TO MAXIMUM SPEED LIMITS), 3714 (RELATING TO CARELESS
    14  DRIVING) OR [3731] 3802 (RELATING TO DRIVING UNDER INFLUENCE OF
    15  ALCOHOL OR CONTROLLED SUBSTANCE), THE OPERATOR OF THE VEHICLE
    16  SHALL, UPON CONVICTION OF ANY OF THE AFOREMENTIONED OFFENSES, BE
    17  SENTENCED TO PAY A FINE OF $2,000, IN ADDITION TO ANY OTHER
    18  PENALTY AUTHORIZED BY LAW.
    19     * * *
    20     SECTION 17.  SECTION 3731 OF TITLE 75 IS REPEALED.
    21     SECTION 18.  SECTIONS 3732(A), 3735(A), 3735.1(A) AND 3755(A)
    22  OF TITLE 75 ARE AMENDED TO READ:
    23  § 3732.  HOMICIDE BY VEHICLE.
    24     (A)  OFFENSE.--ANY PERSON WHO RECKLESSLY OR WITH GROSS
    25  NEGLIGENCE CAUSES THE DEATH OF ANOTHER PERSON WHILE ENGAGED IN
    26  THE VIOLATION OF ANY LAW OF THIS COMMONWEALTH OR MUNICIPAL
    27  ORDINANCE APPLYING TO THE OPERATION OR USE OF A VEHICLE OR TO
    28  THE REGULATION OF TRAFFIC EXCEPT SECTION [3731] 3802 (RELATING
    29  TO DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE)
    30  IS GUILTY OF HOMICIDE BY VEHICLE, A FELONY OF THE THIRD DEGREE,
    20030S0008B1078                 - 39 -     

     1  WHEN THE VIOLATION IS THE CAUSE OF DEATH.
     2     * * *
     3  § 3735.  HOMICIDE BY VEHICLE WHILE DRIVING UNDER INFLUENCE.
     4     (A)  OFFENSE DEFINED.--ANY PERSON WHO UNINTENTIONALLY CAUSES
     5  THE DEATH OF ANOTHER PERSON AS THE RESULT OF A VIOLATION OF
     6  SECTION [3731] 3802 (RELATING TO DRIVING UNDER INFLUENCE OF
     7  ALCOHOL OR CONTROLLED SUBSTANCE) AND WHO IS CONVICTED OF
     8  VIOLATING SECTION [3731] 3802 IS GUILTY OF A FELONY OF THE
     9  SECOND DEGREE WHEN THE VIOLATION IS THE CAUSE OF DEATH AND THE
    10  SENTENCING COURT SHALL ORDER THE PERSON TO SERVE A MINIMUM TERM
    11  OF IMPRISONMENT OF NOT LESS THAN THREE YEARS. A CONSECUTIVE
    12  THREE-YEAR TERM OF IMPRISONMENT SHALL BE IMPOSED FOR EACH VICTIM
    13  WHOSE DEATH IS THE RESULT OF THE VIOLATION OF SECTION [3731]
    14  3802.
    15     * * *
    16  § 3735.1.  AGGRAVATED ASSAULT BY VEHICLE WHILE DRIVING UNDER THE
    17             INFLUENCE.
    18     (A)  OFFENSE DEFINED.--ANY PERSON WHO NEGLIGENTLY CAUSES
    19  SERIOUS BODILY INJURY TO ANOTHER PERSON AS THE RESULT OF A
    20  VIOLATION OF SECTION [3731] 3802 (RELATING TO DRIVING UNDER
    21  INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE) AND WHO IS
    22  CONVICTED OF VIOLATING SECTION [3731] 3802 COMMITS A FELONY OF
    23  THE SECOND DEGREE WHEN THE VIOLATION IS THE CAUSE OF THE INJURY.
    24     * * *
    25  § 3755.  REPORTS BY EMERGENCY ROOM PERSONNEL.
    26     (A)  GENERAL RULE.--IF, AS A RESULT OF A MOTOR VEHICLE
    27  ACCIDENT, THE PERSON WHO DROVE, OPERATED OR WAS IN ACTUAL
    28  PHYSICAL CONTROL OF THE MOVEMENT OF ANY INVOLVED MOTOR VEHICLE
    29  REQUIRES MEDICAL TREATMENT IN AN EMERGENCY ROOM OF A HOSPITAL
    30  AND IF PROBABLE CAUSE EXISTS TO BELIEVE A VIOLATION OF SECTION
    20030S0008B1078                 - 40 -     

     1  [3731] 3802 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR
     2  CONTROLLED SUBSTANCE) WAS INVOLVED, THE EMERGENCY ROOM PHYSICIAN
     3  OR HIS DESIGNEE SHALL PROMPTLY TAKE BLOOD SAMPLES FROM THOSE
     4  PERSONS AND TRANSMIT THEM WITHIN 24 HOURS FOR TESTING TO THE
     5  DEPARTMENT OF HEALTH OR A CLINICAL LABORATORY LICENSED AND
     6  APPROVED BY THE DEPARTMENT OF HEALTH AND SPECIFICALLY DESIGNATED
     7  FOR THIS PURPOSE. THIS SECTION SHALL BE APPLICABLE TO ALL
     8  INJURED OCCUPANTS WHO WERE CAPABLE OF MOTOR VEHICLE OPERATION IF
     9  THE OPERATOR OR PERSON IN ACTUAL PHYSICAL CONTROL OF THE
    10  MOVEMENT OF THE MOTOR VEHICLE CANNOT BE DETERMINED. TEST RESULTS
    11  SHALL BE RELEASED UPON REQUEST OF THE PERSON TESTED, HIS
    12  ATTORNEY, HIS PHYSICIAN OR GOVERNMENTAL OFFICIALS OR AGENCIES.
    13     * * *
    14     SECTION 19.  TITLE 75 IS AMENDED BY ADDING A CHAPTER TO READ:
    15                             CHAPTER 38
    16                       DRIVING WHILE IMPAIRED
    17  SEC.
    18  3801.  DEFINITIONS.
    19  3802.  DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED
    20         SUBSTANCE.
    21  3803.  GRADING.
    22  3804.  PENALTIES.
    23  3805.  IGNITION INTERLOCK.
    24  3806.  PRIOR OFFENSES.
    25  3807.  ACCELERATED REHABILITATIVE DISPOSITION.
    26  3808.  ILLEGALLY OPERATING A MOTOR VEHICLE NOT EQUIPPED WITH
    27         IGNITION INTERLOCK.
    28  3809.  RESTRICTION ON ALCOHOLIC BEVERAGES.
    29  3810.  AUTHORIZED USE NOT A DEFENSE.
    30  3811.  CERTAIN ARRESTS AUTHORIZED.
    20030S0008B1078                 - 41 -     

     1  3812.  PRELIMINARY HEARING OR ARRAIGNMENT.
     2  3813.  WORK RELEASE.
     3  3814.  DRUG AND ALCOHOL ASSESSMENTS.
     4  3815.  MANDATORY SENTENCING.
     5  3816.  REQUIREMENTS FOR DRIVING UNDER INFLUENCE OFFENDERS.
     6  3817.  REPORTING REQUIREMENTS FOR OFFENSES.
     7  § 3801.  DEFINITIONS.
     8     THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
     9  SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
    10  CONTEXT CLEARLY INDICATES OTHERWISE:
    11     "ADULT."  AN INDIVIDUAL WHO IS AT LEAST 21 YEARS OF AGE.
    12     "IGNITION INTERLOCK SYSTEM."  A SYSTEM APPROVED BY THE
    13  DEPARTMENT WHICH PREVENTS A VEHICLE FROM BEING STARTED OR
    14  OPERATED UNLESS THE OPERATOR FIRST PROVIDES A BREATH SAMPLE
    15  INDICATING THAT THE OPERATOR HAS AN ALCOHOL LEVEL LESS THAN
    16  .025%.
    17     "MINOR."  AN INDIVIDUAL WHO IS UNDER 21 YEARS OF AGE.
    18  § 3802.  DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED
    19             SUBSTANCE.
    20     (A)  GENERAL IMPAIRMENT.--
    21         (1)  AN INDIVIDUAL MAY NOT DRIVE, OPERATE OR BE IN ACTUAL
    22     PHYSICAL CONTROL OF THE MOVEMENT OF A VEHICLE AFTER IMBIBING
    23     A SUFFICIENT AMOUNT OF ALCOHOL SUCH THAT THE INDIVIDUAL WAS
    24     INCAPABLE OF SAFELY DRIVING, OPERATING OR BEING IN ACTUAL
    25     PHYSICAL CONTROL OF THE MOVEMENT OF THE VEHICLE.
    26         (2)  AN INDIVIDUAL MAY NOT DRIVE, OPERATE OR BE IN ACTUAL
    27     PHYSICAL CONTROL OF THE MOVEMENT OF A VEHICLE AFTER IMBIBING
    28     A SUFFICIENT AMOUNT OF ALCOHOL SUCH THAT THE ALCOHOL
    29     CONCENTRATION IN THE INDIVIDUAL'S BLOOD OR BREATH IS AT LEAST
    30     .08% BUT LESS THAN .10% WITHIN THREE HOURS AFTER THE
    20030S0008B1078                 - 42 -     

     1     INDIVIDUAL HAS DRIVEN, OPERATED OR BEEN IN ACTUAL PHYSICAL
     2     CONTROL OF THE MOVEMENT OF THE VEHICLE.
     3     (B)  HIGH RATE OF ALCOHOL.--AN INDIVIDUAL MAY NOT DRIVE,
     4  OPERATE OR BE IN ACTUAL PHYSICAL CONTROL OF THE MOVEMENT OF A
     5  VEHICLE AFTER IMBIBING A SUFFICIENT AMOUNT OF ALCOHOL SUCH THAT
     6  THE ALCOHOL CONCENTRATION IN THE INDIVIDUAL'S BLOOD OR BREATH IS
     7  AT LEAST .10% BUT LESS THAN .16% WITHIN THREE HOURS AFTER THE
     8  INDIVIDUAL HAS DRIVEN, OPERATED OR BEEN IN ACTUAL PHYSICAL
     9  CONTROL OF THE MOVEMENT OF THE VEHICLE.
    10     (C)  HIGHEST RATE OF ALCOHOL.--AN INDIVIDUAL MAY NOT DRIVE,
    11  OPERATE OR BE IN ACTUAL PHYSICAL CONTROL OF THE MOVEMENT OF A
    12  VEHICLE AFTER IMBIBING A SUFFICIENT AMOUNT OF ALCOHOL SUCH THAT
    13  THE ALCOHOL CONCENTRATION IN THE INDIVIDUAL'S BLOOD OR BREATH IS
    14  .16% OR HIGHER WITHIN THREE HOURS AFTER THE INDIVIDUAL HAS
    15  DRIVEN, OPERATED OR BEEN IN ACTUAL PHYSICAL CONTROL OF THE
    16  MOVEMENT OF THE VEHICLE.
    17     (D)  CONTROLLED SUBSTANCES.--AN INDIVIDUAL MAY NOT DRIVE,
    18  OPERATE OR BE IN ACTUAL PHYSICAL CONTROL OF THE MOVEMENT OF A
    19  VEHICLE UNDER ANY OF THE FOLLOWING CIRCUMSTANCES:
    20         (1)  THERE IS IN THE INDIVIDUAL'S BLOOD ANY AMOUNT OF A:
    21             (I)  SCHEDULE I CONTROLLED SUBSTANCE, AS DEFINED IN
    22         THE ACT OF APRIL 14, 1972 (P.L.233, NO.64), KNOWN AS THE
    23         CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT;
    24             (II)  SCHEDULE II OR SCHEDULE III CONTROLLED
    25         SUBSTANCE, AS DEFINED IN THE CONTROLLED SUBSTANCE, DRUG,
    26         DEVICE AND COSMETIC ACT, WHICH HAS NOT BEEN MEDICALLY
    27         PRESCRIBED FOR THE INDIVIDUAL; OR
    28             (III)  METABOLITE OF A SUBSTANCE UNDER SUBPARAGRAPH
    29         (I) OR (II).
    30         (2)  THE INDIVIDUAL IS UNDER THE INFLUENCE OF A DRUG OR
    20030S0008B1078                 - 43 -     

     1     COMBINATION OF DRUGS TO A DEGREE WHICH IMPAIRS THE
     2     INDIVIDUAL'S ABILITY TO SAFELY DRIVE, OPERATE OR BE IN ACTUAL
     3     PHYSICAL CONTROL OF THE MOVEMENT OF THE VEHICLE.
     4         (3)  THE INDIVIDUAL IS UNDER THE COMBINED INFLUENCE OF
     5     ALCOHOL AND A DRUG OR COMBINATION OF DRUGS TO A DEGREE WHICH
     6     IMPAIRS THE INDIVIDUAL'S ABILITY TO SAFELY DRIVE, OPERATE OR
     7     BE IN ACTUAL PHYSICAL CONTROL OF THE MOVEMENT OF THE VEHICLE.
     8         (4)  THE INDIVIDUAL IS UNDER THE INFLUENCE OF A SOLVENT
     9     OR NOXIOUS SUBSTANCE IN VIOLATION OF 18 PA.C.S. § 7303
    10     (RELATING TO SALE OR ILLEGAL USE OF CERTAIN SOLVENTS AND
    11     NOXIOUS SUBSTANCES).
    12     (E)  MINORS.--A MINOR MAY NOT DRIVE, OPERATE OR BE IN ACTUAL
    13  PHYSICAL CONTROL OF THE MOVEMENT OF A VEHICLE AFTER IMBIBING A
    14  SUFFICIENT AMOUNT OF ALCOHOL SUCH THAT THE ALCOHOL CONCENTRATION
    15  IN THE MINOR'S BLOOD OR BREATH IS .02% OR HIGHER WITHIN THREE
    16  HOURS AFTER THE MINOR HAS DRIVEN, OPERATED OR BEEN IN ACTUAL
    17  PHYSICAL CONTROL OF THE MOVEMENT OF THE VEHICLE.
    18     (F)  COMMERCIAL SCHOOL VEHICLES.--AN INDIVIDUAL MAY NOT
    19  DRIVE, OPERATE OR BE IN ACTUAL PHYSICAL CONTROL OF THE MOVEMENT
    20  OF A COMMERCIAL VEHICLE OR SCHOOL VEHICLE IN ANY OF THE
    21  FOLLOWING CIRCUMSTANCES:
    22         (1)  AFTER THE INDIVIDUAL HAS IMBIBED A SUFFICIENT AMOUNT
    23     OF ALCOHOL SUCH THAT THE ALCOHOL CONCENTRATION IN THE
    24     INDIVIDUAL'S BLOOD OR BREATH IS:
    25             (I)  .04% OR GREATER WITHIN THREE HOURS AFTER THE
    26         INDIVIDUAL HAS DRIVEN, OPERATED OR BEEN IN ACTUAL
    27         PHYSICAL CONTROL OF THE MOVEMENT OF A COMMERCIAL VEHICLE
    28         OTHER THAN A SCHOOL BUS OR A SCHOOL VEHICLE.
    29             (II)  .02% OR GREATER WITHIN THREE HOURS AFTER THE
    30         INDIVIDUAL HAS DRIVEN, OPERATED OR BEEN IN ACTUAL
    20030S0008B1078                 - 44 -     

     1         PHYSICAL CONTROL OF THE MOVEMENT OF A SCHOOL BUS OR A
     2         SCHOOL VEHICLE.
     3         (2)  AFTER THE INDIVIDUAL HAS IMBIBED A SUFFICIENT AMOUNT
     4     OF ALCOHOL SUCH THAT THE INDIVIDUAL WAS INCAPABLE OF SAFELY
     5     DRIVING, OPERATING OR BEING IN ACTUAL PHYSICAL CONTROL OF THE
     6     MOVEMENT OF A COMMERCIAL VEHICLE.
     7         (3)  WHILE THE INDIVIDUAL IS UNDER THE INFLUENCE OF A
     8     CONTROLLED SUBSTANCE OR COMBINATION OF CONTROLLED SUBSTANCES,
     9     AS DEFINED IN SECTION 1603 (RELATING TO DEFINITIONS).
    10         (4)  WHILE THE INDIVIDUAL IS UNDER THE COMBINED INFLUENCE
    11     OF ALCOHOL AND A CONTROLLED SUBSTANCE OR COMBINATION OF
    12     CONTROLLED SUBSTANCES, AS DEFINED IN SECTION 1603.
    13     (G)  EXCEPTION TO THREE-HOUR RULE.--NOTWITHSTANDING THE
    14  PROVISIONS OF SUBSECTION (A), (B), (C), (E) OR (F), WHERE
    15  ALCOHOL CONCENTRATION IN AN INDIVIDUAL'S BLOOD OR BREATH IS AN
    16  ELEMENT OF THE OFFENSE, EVIDENCE OF SUCH ALCOHOL CONCENTRATION
    17  MORE THAN THREE HOURS AFTER THE INDIVIDUAL HAS DRIVEN, OPERATED
    18  OR BEEN IN ACTUAL PHYSICAL CONTROL OF THE MOVEMENT OF THE
    19  VEHICLE IS SUFFICIENT TO ESTABLISH THAT ELEMENT OF THE OFFENSE
    20  UNDER THE FOLLOWING CIRCUMSTANCES:
    21         (1)  WHERE THE COMMONWEALTH SHOWS GOOD CAUSE EXPLAINING
    22     WHY THE CHEMICAL TEST COULD NOT BE PERFORMED WITHIN THREE
    23     HOURS; AND
    24         (2)  WHERE THE COMMONWEALTH ESTABLISHES THAT THE
    25     INDIVIDUAL DID NOT IMBIBE ANY ALCOHOL BETWEEN THE TIME THE
    26     INDIVIDUAL WAS ARRESTED AND THE TIME THE TEST WAS PERFORMED.
    27  § 3803.  GRADING.
    28     (A)  BASIC OFFENSES.--
    29         (1)  AN INDIVIDUAL WHO VIOLATES SECTION 3802(A) (RELATING
    30     TO DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED
    20030S0008B1078                 - 45 -     

     1     SUBSTANCE) AND HAS NO MORE THAN ONE PRIOR OFFENSE COMMITS A
     2     MISDEMEANOR FOR WHICH THE INDIVIDUAL MAY BE SENTENCED TO A
     3     TERM OF IMPRISONMENT OF NOT MORE THAN SIX MONTHS AND TO PAY A
     4     FINE UNDER SECTION 3804 (RELATING TO PENALTIES).
     5         (2)  AN INDIVIDUAL WHO VIOLATES SECTION 3802(A) AND HAS
     6     MORE THAN ONE PRIOR OFFENSE COMMITS A MISDEMEANOR OF THE
     7     SECOND DEGREE.
     8     (B)  OTHER OFFENSES.--
     9         (1)  AN INDIVIDUAL WHO VIOLATES SECTION 3802(B), (E) OR
    10     (F) AND WHO HAS NO MORE THAN ONE PRIOR OFFENSE COMMITS A
    11     MISDEMEANOR FOR WHICH THE INDIVIDUAL MAY BE SENTENCED TO A
    12     TERM OF IMPRISONMENT OF NOT MORE THAN SIX MONTHS AND TO PAY A
    13     FINE UNDER SECTION 3804.
    14         (2)  AN INDIVIDUAL WHO VIOLATES SECTION 3802(C) OR (D)
    15     AND WHO HAS NO PRIOR OFFENSES COMMITS A MISDEMEANOR FOR WHICH
    16     THE INDIVIDUAL MAY BE SENTENCED TO A TERM OF IMPRISONMENT OF
    17     NOT MORE THAN SIX MONTHS AND TO PAY A FINE UNDER SECTION
    18     3804.
    19         (3)  AN INDIVIDUAL WHO VIOLATES SECTION 3802(B), (E) OR
    20     (F) AND WHO HAS MORE THAN ONE PRIOR OFFENSE COMMITS A
    21     MISDEMEANOR OF THE FIRST DEGREE.
    22         (4)  AN INDIVIDUAL WHO VIOLATES SECTION 3802(C) OR (D)
    23     AND WHO HAS ONE OR MORE PRIOR OFFENSES COMMITS A MISDEMEANOR
    24     OF THE FIRST DEGREE.
    25  § 3804.  PENALTIES.
    26     (A)  GENERAL IMPAIRMENT.--AN INDIVIDUAL WHO VIOLATES SECTION
    27  3802(A) (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR
    28  CONTROLLED SUBSTANCE) SHALL BE SENTENCED AS FOLLOWS:
    29         (1)  FOR A FIRST OFFENSE, TO:
    30             (I)  UNDERGO A PERIOD OF PROBATION NOT TO EXCEED SIX
    20030S0008B1078                 - 46 -     

     1         MONTHS;
     2             (II)  PAY A FINE OF $300;
     3             (III)  ATTEND AN ALCOHOL HIGHWAY SAFETY SCHOOL
     4         APPROVED BY THE DEPARTMENT; AND
     5             (IV)  COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT
     6         REQUIREMENTS IMPOSED UNDER SECTION 3814 (RELATING TO DRUG
     7         AND ALCOHOL ASSESSMENTS) AND SECTION 3815 (RELATING TO
     8         MANDATORY SENTENCING).
     9         (2)  FOR A SECOND OFFENSE, TO:
    10             (I)  UNDERGO IMPRISONMENT FOR NOT LESS THAN FIVE DAYS
    11         NOR MORE THAN SIX MONTHS;
    12             (II)  PAY A FINE OF NOT LESS THAN $300 NOR MORE THAN
    13         $2,500;
    14             (III)  ATTEND AN ALCOHOL HIGHWAY SAFETY SCHOOL
    15         APPROVED BY THE DEPARTMENT; AND
    16             (IV)  COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT
    17         REQUIREMENTS IMPOSED UNDER SECTIONS 3814 AND 3815.
    18         (3)  FOR A THIRD OR SUBSEQUENT OFFENSE, TO:
    19             (I)  UNDERGO IMPRISONMENT OF NOT LESS THAN TEN DAYS
    20         NOR MORE THAN TWO YEARS;
    21             (II)  PAY A FINE OF NOT LESS THAN $500 NOR MORE THAN
    22         $5,000; AND
    23             (III)  COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT
    24         REQUIREMENTS IMPOSED UNDER SECTIONS 3814 AND 3815.
    25     (B)  HIGH RATE OF BLOOD ALCOHOL; MINORS; COMMERCIAL VEHICLES
    26  AND SCHOOL BUSES AND SCHOOL VEHICLES; ACCIDENTS.--EXCEPT AS SET
    27  FORTH IN SUBSECTION (C), AN INDIVIDUAL WHO VIOLATES SECTION
    28  3802(A)(1) WHERE THERE WAS AN ACCIDENT RESULTING IN BODILY
    29  INJURY, SERIOUS BODILY INJURY OR DEATH OF ANY PERSON OR IN
    30  DAMAGE TO A VEHICLE OR OTHER PROPERTY OR WHO VIOLATES SECTION
    20030S0008B1078                 - 47 -     

     1  3802(B), (E) OR (F) SHALL BE SENTENCED AS FOLLOWS:
     2         (1)  FOR A FIRST OFFENSE, TO:
     3             (I)  UNDERGO IMPRISONMENT OF NOT LESS THAN 72
     4         CONSECUTIVE HOURS NOR MORE THAN SIX MONTHS;
     5             (II)  PAY A FINE OF NOT LESS THAN $500 NOR MORE THAN
     6         $5,000;
     7             (III)  ATTEND AN ALCOHOL HIGHWAY SAFETY SCHOOL
     8         APPROVED BY THE DEPARTMENT; AND
     9             (IV)  COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT
    10         REQUIREMENTS IMPOSED UNDER SECTIONS 3814 AND 3815.
    11         (2)  FOR A SECOND OFFENSE, TO:
    12             (I)  UNDERGO IMPRISONMENT OF NOT LESS THAN 30 DAYS
    13         NOR MORE THAN SIX MONTHS;
    14             (II)  PAY A FINE OF NOT LESS THAN $750 NOR MORE THAN
    15         $5,000;
    16             (III)  ATTEND AN ALCOHOL HIGHWAY SAFETY SCHOOL
    17         APPROVED BY THE DEPARTMENT; AND
    18             (IV)  COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT
    19         REQUIREMENTS IMPOSED UNDER SECTIONS 3814 AND 3815.
    20         (3)  FOR A THIRD OFFENSE, TO:
    21             (I)  UNDERGO IMPRISONMENT OF NOT LESS THAN 120 DAYS
    22         NOR MORE THAN FIVE YEARS;
    23             (II)  PAY A FINE OF NOT LESS THAN $1,500 NOR MORE
    24         THAN $10,000; AND
    25             (III)  COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT
    26         REQUIREMENTS IMPOSED UNDER SECTIONS 3814 AND 3815.
    27         (4)  FOR A FOURTH OR SUBSEQUENT OFFENSE, TO:
    28             (I)  UNDERGO IMPRISONMENT OF NOT LESS THAN ONE YEAR
    29         NOR MORE THAN FIVE YEARS;
    30             (II)  PAY A FINE OF NOT LESS THAN $1,500 NOR MORE
    20030S0008B1078                 - 48 -     

     1         THAN $10,000; AND
     2             (III)  COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT
     3         REQUIREMENTS IMPOSED UNDER SECTIONS 3814 AND 3815.
     4     (C)  INCAPACITY; HIGHEST BLOOD ALCOHOL; CONTROLLED
     5  SUBSTANCES.--AN INDIVIDUAL CONVICTED OF VIOLATING SECTION
     6  3802(A)(1) AFTER HAVING REFUSED TESTING OF BLOOD OR BREATH OR OF
     7  VIOLATING SECTION 3802(C) OR (D) SHALL BE SENTENCED AS FOLLOWS:
     8         (1)  FOR A FIRST OFFENSE, TO:
     9             (I)  UNDERGO IMPRISONMENT OF NOT LESS THAN SEVEN
    10         CONSECUTIVE DAYS NOR MORE THAN SIX MONTHS;
    11             (II)  PAY A FINE OF NOT LESS THAN $1,000 NOR MORE
    12         THAN $5,000;
    13             (III)  ATTEND AN ALCOHOL HIGHWAY SAFETY SCHOOL
    14         APPROVED BY THE DEPARTMENT; AND
    15             (IV)  COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT
    16         REQUIREMENTS IMPOSED UNDER SECTIONS 3814 AND 3815.
    17         (2)  FOR A SECOND OFFENSE, TO:
    18             (I)  UNDERGO IMPRISONMENT OF NOT LESS THAN 90 DAYS
    19         NOR MORE THAN FIVE YEARS;
    20             (II)  PAY A FINE OF NOT LESS THAN $1,500;
    21             (III)  ATTEND AN ALCOHOL HIGHWAY SAFETY SCHOOL
    22         APPROVED BY THE DEPARTMENT; AND
    23             (IV)  COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT
    24         REQUIREMENTS IMPOSED UNDER SECTIONS 3814 AND 3815.
    25         (3)  FOR A THIRD OR SUBSEQUENT OFFENSE, TO:
    26             (I)  UNDERGO IMPRISONMENT OF NOT LESS THAN ONE YEAR
    27         NOR MORE THAN FIVE YEARS;
    28             (II)  PAY A FINE OF NOT LESS THAN $2,500; AND
    29             (III)  COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT
    30         REQUIREMENTS IMPOSED UNDER SECTIONS 3814 AND 3815.
    20030S0008B1078                 - 49 -     

     1     (D)  EXTENDED SUPERVISION OF COURT.--WHERE A PERSON IS
     2  SENTENCED PURSUANT TO THIS CHAPTER AND FOLLOWING THE INITIAL
     3  ASSESSMENT REQUIRED BY SECTION 3814(1), THE PERSON IS DETERMINED
     4  TO BE IN NEED OF ADDITIONAL TREATMENT PURSUANT TO SECTION
     5  3814(2), THE JUDGE SHALL IMPOSE A MINIMUM SENTENCE AS PROVIDED
     6  BY LAW AND A MAXIMUM SENTENCE EQUAL TO THE STATUTORILY AVAILABLE
     7  MAXIMUM.
     8     (E)  SUSPENSION OF OPERATING PRIVILEGES UPON CONVICTION.--
     9         (1)  THE DEPARTMENT SHALL SUSPEND THE OPERATING PRIVILEGE
    10     OF AN INDIVIDUAL UNDER PARAGRAPH (2) UPON RECEIVING A
    11     CERTIFIED RECORD OF THE INDIVIDUAL'S CONVICTION OF OR AN
    12     ADJUDICATION OF DELINQUENCY FOR:
    13             (I)  AN OFFENSE UNDER SECTION 3802; OR
    14             (II)  A SUBSTANTIALLY SIMILAR OFFENSE REPORTED TO THE
    15         DEPARTMENT UNDER ARTICLE III OF THE COMPACT IN SECTION
    16         1581 (RELATING TO DRIVER'S LICENSE COMPACT).
    17         (2)  SUSPENSION UNDER PARAGRAPH (1)(I) SHALL BE IN
    18     ACCORDANCE WITH THE FOLLOWING:
    19             (I)  EXCEPT AS PROVIDED FOR IN SUBPARAGRAPH (III), 12
    20         MONTHS FOR AN UNGRADED MISDEMEANOR OR MISDEMEANOR OF THE
    21         SECOND DEGREE UNDER THIS CHAPTER.
    22             (II)  24 MONTHS FOR A MISDEMEANOR OF THE FIRST DEGREE
    23         UNDER THIS CHAPTER.
    24             (III)  THERE SHALL BE NO SUSPENSION FOR AN UNGRADED
    25         MISDEMEANOR UNDER SECTION 3802(A) WHERE THE PERSON HAS NO
    26         PRIOR OFFENSE.
    27         (3)  SUSPENSION IMPOSED UNDER PARAGRAPH (1)(II) SHALL BE
    28     IN ACCORDANCE WITH THE FOLLOWING:
    29             (I)  EXCEPT AS SET FORTH IN SUBPARAGRAPH (II), THE
    30         PERIOD SHALL BE SIX MONTHS.
    20030S0008B1078                 - 50 -     

     1             (II)  IF THE INDIVIDUAL HAS A PRIOR OFFENSE AS
     2         DEFINED BY SECTION 3806(A) (RELATING TO PRIOR OFFENSES),
     3         THE PERIOD SHALL BE ONE YEAR.
     4             (III)  NOTWITHSTANDING ANY PROVISION OF LAW OR
     5         ENFORCEMENT AGREEMENT TO THE CONTRARY, A SUSPENSION
     6         IMPOSED PURSUANT TO PARAGRAPH (1)(II) SHALL DATE FROM AND
     7         RUN CONCURRENTLY TO ANY SUSPENSION IMPOSED BY THE
     8         REPORTING PARTY STATE.
     9     (F)  COMMUNITY SERVICE ASSIGNMENTS.--IN ADDITION TO THE
    10  PENALTIES SET FORTH IN THIS SECTION, THE SENTENCING JUDGE MAY
    11  IMPOSE UP TO 150 HOURS OF COMMUNITY SERVICE. WHERE THE
    12  INDIVIDUAL HAS BEEN ORDERED TO DRUG AND ALCOHOL TREATMENT
    13  PURSUANT TO SECTIONS 3814 AND 3815, THE COMMUNITY SERVICE SHALL
    14  BE CERTIFIED BY THE DRUG AND ALCOHOL TREATMENT PROGRAM AS
    15  CONSISTENT WITH ANY DRUG AND ALCOHOL TREATMENT REQUIREMENTS
    16  IMPOSED UNDER SECTIONS 3814 AND 3815.
    17     (G)  COURT-ORDERED IGNITION INTERLOCK.--IF THE PERSON HAS A
    18  PRIOR OFFENSE AS DEFINED IN SECTION 3806(A), THE COURT SHALL
    19  ORDER THE DEPARTMENT TO REQUIRE AN IGNITION INTERLOCK SYSTEM
    20  UNDER SECTION 3805 (RELATING TO IGNITION INTERLOCK).
    21     (H)  SENTENCING GUIDELINES.--THE SENTENCING GUIDELINES
    22  PROMULGATED BY THE PENNSYLVANIA COMMISSION ON SENTENCING SHALL
    23  NOT SUPERSEDE THE MANDATORY PENALTIES OF THIS SECTION.
    24     (I)  APPEAL.--THE COMMONWEALTH HAS THE RIGHT TO APPEAL
    25  DIRECTLY TO THE SUPERIOR COURT ANY ORDER OF COURT WHICH IMPOSES
    26  A SENTENCE FOR VIOLATION OF THIS SECTION WHICH DOES NOT MEET THE
    27  REQUIREMENTS OF THIS SECTION. THE SUPERIOR COURT SHALL REMAND
    28  THE CASE TO THE SENTENCING COURT FOR IMPOSITION OF A SENTENCE IN
    29  ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.
    30     (J)  FIRST CLASS CITIES.--NOTWITHSTANDING THE PROVISION FOR
    20030S0008B1078                 - 51 -     

     1  DIRECT APPEAL TO THE SUPERIOR COURT, IF, IN A CITY OF THE FIRST
     2  CLASS, A PERSON APPEALS FROM A JUDGMENT OF SENTENCE UNDER THIS
     3  SECTION FROM THE MUNICIPAL COURT TO THE COMMON PLEAS COURT FOR A
     4  TRIAL DE NOVO, THE COMMONWEALTH SHALL HAVE THE RIGHT TO APPEAL
     5  DIRECTLY TO THE SUPERIOR COURT FROM THE ORDER OF THE COMMON
     6  PLEAS COURT IF THE SENTENCE IMPOSED IS IN VIOLATION OF THIS
     7  SECTION. IF, IN A CITY OF THE FIRST CLASS, A PERSON APPEALS TO
     8  THE COURT OF COMMON PLEAS AFTER CONVICTION OF A VIOLATION OF
     9  THIS SECTION IN THE MUNICIPAL COURT AND THEREAFTER WITHDRAWS HIS
    10  APPEAL TO THE COMMON PLEAS COURT, THEREBY REINSTATING THE
    11  JUDGMENT OF SENTENCE OF THE MUNICIPAL COURT, THE COMMONWEALTH
    12  SHALL HAVE 30 DAYS FROM THE DATE OF THE WITHDRAWAL TO APPEAL TO
    13  THE SUPERIOR COURT IF THE SENTENCE IS IN VIOLATION OF THIS
    14  SECTION.
    15  § 3805.  IGNITION INTERLOCK.
    16     (A)  GENERAL RULE.--WHERE A PERSON VIOLATES SECTION 3802
    17  (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED
    18  SUBSTANCE) AND HAS A PRIOR OFFENSE AS DEFINED IN SECTION 3806(A)
    19  (RELATING TO PRIOR OFFENSES) AND THE PERSON SEEKS A RESTORATION
    20  OF OPERATING PRIVILEGES, THE DEPARTMENT SHALL REQUIRE AS A
    21  CONDITION OF ISSUING A RESTRICTED LICENSE PURSUANT TO THIS
    22  SECTION THAT ANY OF THE FOLLOWING OCCUR:
    23         (1)  EACH MOTOR VEHICLE OWNED BY THE PERSON OR REGISTERED
    24     TO THE PERSON HAS BEEN EQUIPPED WITH AN APPROVED IGNITION
    25     INTERLOCK SYSTEM AND REMAINS SO FOR THE DURATION OF THE
    26     RESTRICTED LICENSE PERIOD.
    27         (2)  IF THERE ARE NO VEHICLES OWNED BY THE PERSON OR
    28     REGISTERED TO THE PERSON THAT THE PERSON SO CERTIFY TO THE
    29     DEPARTMENT. A PERSON SO CERTIFYING SHALL BE DEEMED TO HAVE
    30     SATISFIED THE REQUIREMENT THAT ALL VEHICLES OWNED BY THE
    20030S0008B1078                 - 52 -     

     1     PERSON OR REGISTERED TO THE PERSON BE EQUIPPED WITH AN
     2     IGNITION INTERLOCK SYSTEM AS REQUIRED BY THIS SUBSECTION.
     3     (B)  APPLICATION FOR A RESTRICTED LICENSE.--A PERSON SUBJECT
     4  TO THIS SECTION SHALL APPLY TO THE DEPARTMENT FOR AN IGNITION
     5  INTERLOCK RESTRICTED LICENSE UNDER SECTION 1951 (RELATING TO
     6  DRIVER'S LICENSE AND LEARNER'S PERMIT), WHICH SHALL BE CLEARLY
     7  MARKED TO RESTRICT THE PERSON TO OPERATING ONLY MOTOR VEHICLES
     8  EQUIPPED WITH AN APPROVED IGNITION INTERLOCK SYSTEM. UPON
     9  ISSUANCE OF AN IGNITION INTERLOCK RESTRICTED LICENSE TO ANY
    10  PERSON, THE DEPARTMENT SHALL NOTIFY THE PERSON THAT UNTIL THE
    11  PERSON OBTAINS AN UNRESTRICTED LICENSE THE PERSON MAY NOT OWN,
    12  REGISTER OR OPERATE ANY VEHICLE WHICH IS NOT EQUIPPED WITH AN
    13  APPROVED IGNITION INTERLOCK SYSTEM.
    14     (C)  ISSUANCE OF UNRESTRICTED LICENSE.--ONE YEAR FROM THE
    15  DATE OF ISSUANCE OF AN IGNITION INTERLOCK RESTRICTED LICENSE
    16  UNDER THIS SECTION, IF OTHERWISE ELIGIBLE, A PERSON MAY APPLY
    17  FOR A REPLACEMENT LICENSE UNDER SECTION 1951(D) THAT DOES NOT
    18  CONTAIN THE IGNITION INTERLOCK SYSTEM RESTRICTION.
    19     (D)  PROHIBITION.--UNTIL THE PERSON OBTAINS AN UNRESTRICTED
    20  LICENSE, THE PERSON MAY NOT OWN, REGISTER OR OPERATE ANY MOTOR
    21  VEHICLE ON A HIGHWAY WITHIN THIS COMMONWEALTH UNLESS THE MOTOR
    22  VEHICLE IS EQUIPPED WITH AN APPROVED IGNITION INTERLOCK SYSTEM.
    23     (E)  ECONOMIC HARDSHIP EXEMPTION.--A PERSON SUBJECT TO THE
    24  REQUIREMENTS OF SUBSECTION (A) MAY APPLY TO THE DEPARTMENT FOR A
    25  HARDSHIP EXEMPTION TO THE REQUIREMENT THAT AN IGNITION INTERLOCK
    26  SYSTEM MUST BE INSTALLED IN EACH OF THE PERSON'S MOTOR VEHICLES.
    27  WHERE THE DEPARTMENT DETERMINES THAT THE APPLICANT ESTABLISHES
    28  THAT SUCH A REQUIREMENT WOULD RESULT IN UNDUE FINANCIAL
    29  HARDSHIP, THE DEPARTMENT MAY PERMIT THE APPLICANT TO INSTALL AN
    30  IGNITION INTERLOCK SYSTEM ON ONLY ONE OF THE APPLICANT'S
    20030S0008B1078                 - 53 -     

     1  VEHICLES. HOWEVER, THE APPLICANT IN ACCORDANCE WITH SECTION 3808
     2  (RELATING TO ILLEGALLY OPERATING A MOTOR VEHICLE NOT EQUIPPED
     3  WITH IGNITION INTERLOCK) SHALL BE PROHIBITED FROM DRIVING ANY
     4  VEHICLE, INCLUDING ANY OF THE APPLICANT'S VEHICLES, WITHOUT AN
     5  IGNITION INTERLOCK SYSTEM.
     6     (F)  EMPLOYMENT EXEMPTION.--IF A PERSON WITH A RESTRICTED
     7  LICENSE IS REQUIRED IN THE COURSE AND SCOPE OF EMPLOYMENT TO
     8  OPERATE A MOTOR VEHICLE OWNED BY THE PERSON'S EMPLOYER, THE
     9  FOLLOWING APPLY:
    10         (1)  EXCEPT AS SET FORTH IN PARAGRAPH (2), THE PERSON MAY
    11     OPERATE THAT MOTOR VEHICLE IN THE COURSE AND SCOPE OF
    12     EMPLOYMENT WITHOUT INSTALLATION OF AN IGNITION INTERLOCK
    13     SYSTEM IF:
    14             (I)  THE EMPLOYER HAS BEEN NOTIFIED THAT THE EMPLOYEE
    15         IS RESTRICTED; AND
    16             (II)  THE EMPLOYEE HAS PROOF OF THE NOTIFICATION IN
    17         THE EMPLOYEE'S POSSESSION WHILE OPERATING THE EMPLOYER'S
    18         MOTOR VEHICLE.
    19         (2)  PARAGRAPH (1) DOES NOT APPLY IN ANY OF THE FOLLOWING
    20     CIRCUMSTANCES:
    21             (I)  TO THE EXTENT THAT AN EMPLOYER-OWNED MOTOR
    22         VEHICLE IS MADE AVAILABLE TO THE EMPLOYEE FOR PERSONAL
    23         USE.
    24             (II)  IF THE EMPLOYER-OWNED MOTOR VEHICLE IS OWNED BY
    25         AN ENTITY WHICH IS WHOLLY OR PARTIALLY OWNED BY THE
    26         PERSON SUBJECT TO THIS SECTION.
    27  § 3806.  PRIOR OFFENSES.
    28     (A)  GENERAL RULE.--EXCEPT AS SET FORTH IN SUBSECTION (B),
    29  THE TERM "PRIOR OFFENSE" AS USED IN THIS CHAPTER SHALL MEAN A
    30  CONVICTION, ADJUDICATION OF DELINQUENCY, JUVENILE CONSENT
    20030S0008B1078                 - 54 -     

     1  DECREE, ACCEPTANCE OF ACCELERATED REHABILITATIVE DISPOSITION OR
     2  OTHER FORM OF PRELIMINARY DISPOSITION BEFORE THE SENTENCING ON
     3  THE PRESENT VIOLATION FOR ANY OF THE FOLLOWING:
     4         (1)  AN OFFENSE UNDER FORMER SECTION 3731 (RELATING TO
     5     DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE);
     6         (2)  AN OFFENSE UNDER SECTION 3802 (RELATING TO DRIVING
     7     UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE);
     8         (3)  AN OFFENSE SUBSTANTIALLY SIMILAR TO AN OFFENSE UNDER
     9     PARAGRAPHS (1) OR (2) IN ANOTHER JURISDICTION; OR
    10         (4)  ANY COMBINATION OF THE OFFENSES SET FORTH IN
    11     PARAGRAPHS (1), (2) OR (3).
    12     (B)  EXCEPTIONS.--FOR PURPOSES OF SECTION 3804 (RELATING TO
    13  PENALTIES), THE CALCULATION OF PRIOR AND SUBSEQUENT OFFENSES
    14  SHALL INCLUDE ANY CONVICTION, ADJUDICATION OF DELINQUENCY,
    15  JUVENILE CONSENT DECREE, ACCEPTANCE OF ACCELERATED
    16  REHABILITATIVE DISPOSITION OR OTHER FORM OF PRELIMINARY
    17  DISPOSITION WITHIN THE TEN YEARS BEFORE THE PRESENT VIOLATION
    18  OCCURRED FOR ANY OF THE FOLLOWING:
    19         (1)  AN OFFENSE UNDER FORMER SECTION 3731;
    20         (2)  AN OFFENSE UNDER SECTION 3802;
    21         (3)  AN OFFENSE SUBSTANTIALLY SIMILAR TO AN OFFENSE UNDER
    22     PARAGRAPH (1) OR (2) IN ANOTHER JURISDICTION; OR
    23         (4)  ANY COMBINATION OF THE OFFENSES SET FORTH IN
    24     PARAGRAPH (1), (2) OR (3).
    25  § 3807.  ACCELERATED REHABILITATIVE DISPOSITION.
    26     (A)  ELIGIBILITY.--
    27         (1)  EXCEPT AS SET FORTH IN PARAGRAPH (2), A DEFENDANT
    28     CHARGED WITH A VIOLATION OF SECTION 3802 (RELATING TO DRIVING
    29     UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE) MAY BE
    30     CONSIDERED BY THE ATTORNEY FOR THE COMMONWEALTH FOR
    20030S0008B1078                 - 55 -     

     1     PARTICIPATION IN AN ACCELERATED REHABILITATIVE DISPOSITION
     2     PROGRAM IN A COUNTY IF THE PROGRAM INCLUDES THE MINIMUM
     3     REQUIREMENTS CONTAINED IN THIS SECTION.
     4         (2)  THE ATTORNEY FOR THE COMMONWEALTH SHALL NOT SUBMIT A
     5     CHARGE BROUGHT UNDER THIS CHAPTER FOR ACCELERATED
     6     REHABILITATIVE DISPOSITION IF ANY OF THE FOLLOWING APPLY:
     7             (I)  THE DEFENDANT HAS BEEN FOUND GUILTY OF OR
     8         ACCEPTED ACCELERATED REHABILITATIVE DISPOSITION OF A
     9         CHARGE BROUGHT UNDER SECTION 3802 WITHIN TEN YEARS OF THE
    10         DATE OF THE CURRENT OFFENSE UNLESS THE CHARGE WAS FOR AN
    11         UNGRADED MISDEMEANOR UNDER SECTION 3802(A)(2) AND WAS THE
    12         DEFENDANT'S FIRST OFFENSE UNDER SECTION 3802.
    13             (II)  AN ACCIDENT OCCURRED IN CONNECTION WITH THE
    14         EVENTS SURROUNDING THE CURRENT OFFENSE AND AN INDIVIDUAL
    15         OTHER THAN THE DEFENDANT WAS KILLED OR SUFFERED SERIOUS
    16         BODILY INJURY AS A RESULT OF THE ACCIDENT.
    17             (III)  THERE WAS A PASSENGER UNDER 14 YEARS OF AGE IN
    18         THE VEHICLE THE DEFENDANT WAS OPERATING.
    19     (B)  EVALUATION AND TREATMENT.--
    20         (1)  A DEFENDANT OFFERED ACCELERATED REHABILITATIVE
    21     DISPOSITION FOR A VIOLATION OF SECTION 3802 IS, AS A
    22     CONDITION OF PARTICIPATION IN THE PROGRAM, SUBJECT TO THE
    23     FOLLOWING REQUIREMENTS IN ADDITION TO ANY OTHER CONDITIONS OF
    24     PARTICIPATION IMPOSED BY THE COURT:
    25             (I)  THE DEFENDANT MUST ATTEND AND SUCCESSFULLY
    26         COMPLETE AN ALCOHOL HIGHWAY SAFETY SCHOOL ESTABLISHED
    27         UNDER SECTION 1549 (RELATING TO ESTABLISHMENT OF
    28         SCHOOLS). A PARTICIPATING DEFENDANT SHALL BE GIVEN BOTH
    29         ORAL AND WRITTEN NOTICE OF THE PROVISIONS OF SECTION
    30         1543(B) (RELATING TO DRIVING WHILE OPERATING PRIVILEGE IS
    20030S0008B1078                 - 56 -     

     1         SUSPENDED OR REVOKED).
     2             (II)  PRIOR TO RECEIVING ACCELERATED REHABILITATIVE
     3         DISPOSITION OR OTHER PRELIMINARY DISPOSITION, THE
     4         DEFENDANT MUST BE EVALUATED UNDER SECTION 3816(A)
     5         (RELATING TO REQUIREMENTS FOR DRIVING UNDER INFLUENCE
     6         OFFENDERS) TO DETERMINE THE EXTENT OF THE DEFENDANT'S
     7         INVOLVEMENT WITH ALCOHOL OR OTHER DRUG AND TO ASSIST THE
     8         COURT IN DETERMINING WHAT CONDITIONS OF ACCELERATED
     9         REHABILITATIVE DISPOSITION WOULD BENEFIT THE DEFENDANT
    10         AND THE PUBLIC. IF THE EVALUATION INDICATES THERE IS A
    11         NEED FOR COUNSELING OR TREATMENT, THE DEFENDANT SHALL BE
    12         SUBJECT TO A FULL ASSESSMENT FOR ALCOHOL AND DRUG
    13         ADDICTION IN ACCORDANCE WITH THE PROVISIONS OF SECTION
    14         3814(3) AND (4) (RELATING TO DRUG AND ALCOHOL
    15         ASSESSMENTS).
    16             (III)  IF THE DEFENDANT IS ASSESSED UNDER
    17         SUBPARAGRAPH (II) TO BE IN NEED OF TREATMENT, THE
    18         DEFENDANT MUST PARTICIPATE AND COOPERATE WITH A LICENSED
    19         ALCOHOL OR DRUG ADDICTION TREATMENT PROGRAM. THE LEVEL
    20         AND DURATION OF TREATMENT SHALL BE IN ACCORDANCE WITH THE
    21         RECOMMENDATIONS WITH THE FULL ASSESSMENT. NOTHING IN THIS
    22         SUBPARAGRAPH SHALL PREVENT A TREATMENT PROGRAM FROM
    23         REFUSING TO ACCEPT A DEFENDANT IF THE PROGRAM
    24         ADMINISTRATOR DEEMS THE DEFENDANT TO BE INAPPROPRIATE FOR
    25         ADMISSION TO THE PROGRAM. A TREATMENT PROGRAM SHALL
    26         RETAIN THE RIGHT TO IMMEDIATELY DISCHARGE INTO THE
    27         CUSTODY OF THE PROBATION OFFICER AN OFFENDER WHO FAILS TO
    28         COMPLY WITH PROGRAM RULES AND TREATMENT EXPECTATIONS OR
    29         REFUSES TO CONSTRUCTIVELY ENGAGE IN THE TREATMENT
    30         PROCESS.
    20030S0008B1078                 - 57 -     

     1             (IV)  THE DEFENDANT MUST REMAIN SUBJECT TO COURT
     2         SUPERVISION FOR SIX MONTHS.
     3             (V)  THE DEFENDANT MUST MAKE RESTITUTION TO ANY
     4         PERSON THAT INCURRED DETERMINABLE FINANCIAL LOSS AS A
     5         RESULT OF THE DEFENDANT'S ACTIONS WHICH RESULTED IN THE
     6         OFFENSE. RESTITUTION MUST BE SUBJECT TO COURT
     7         SUPERVISION.
     8             (VI)  THE DEFENDANT MUST PAY THE REASONABLE COSTS OF
     9         A MUNICIPAL CORPORATION IN CONNECTION WITH THE OFFENSE.
    10         FEES IMPOSED UNDER THIS SUBPARAGRAPH SHALL BE DISTRIBUTED
    11         TO THE AFFECTED MUNICIPAL CORPORATION.
    12             (VII)  THE DEFENDANT MUST PAY ANY OTHER FEE,
    13         SURCHARGE OR COST REQUIRED BY LAW. EXCEPT AS SET FORTH IN
    14         SUBPARAGRAPH (VI) OR (VIII), A FEE OR FINANCIAL CONDITION
    15         IMPOSED BY A JUDGE AS A CONDITION OF ACCELERATED
    16         REHABILITATIVE DISPOSITION OR ANY OTHER PRELIMINARY
    17         DISPOSITION OF ANY CHARGE UNDER THIS CHAPTER SHALL BE
    18         DISTRIBUTED AS PROVIDED FOR IN 42 PA.C.S. §§ 3571
    19         (RELATING TO COMMONWEALTH PORTION OF FINES, ETC.) AND
    20         3573 (RELATING TO MUNICIPAL CORPORATION PORTION OF FINES,
    21         ETC.).
    22             (VIII)  THE DEFENDANT MUST PAY THE COSTS OF
    23         COMPLIANCE WITH SUBPARAGRAPHS (I), (II) AND (III).
    24         (2)  THE DEFENDANT SHALL BE SUBJECT TO A FULL ASSESSMENT
    25     FOR ALCOHOL AND DRUG ADDICTION IF ANY OF THE FOLLOWING APPLY:
    26             (I)  THE EVALUATION UNDER PARAGRAPH (1)(II) INDICATES
    27         A LIKELIHOOD THAT THE DEFENDANT IS ADDICTED TO ALCOHOL OR
    28         OTHER DRUGS.
    29             (II)  THE DEFENDANT'S BLOOD ALCOHOL CONTENT AT THE
    30         TIME OF THE OFFENSE WAS AT LEAST .16%.
    20030S0008B1078                 - 58 -     

     1         (3)  THE ASSESSMENT UNDER PARAGRAPH (2) SHALL BE
     2     CONDUCTED BY ONE OF THE FOLLOWING:
     3             (I)  THE DEPARTMENT OF HEALTH OR ITS DESIGNEE.
     4             (II)  THE COUNTY AGENCY WITH RESPONSIBILITY FOR
     5         COUNTY DRUG AND ALCOHOL PROGRAMS OR ITS DESIGNEE.
     6             (III)  THE CLINICAL PERSONNEL OF A FACILITY LICENSED
     7         BY THE DEPARTMENT OF HEALTH FOR THE CONDUCT OF DRUG AND
     8         ALCOHOL ADDICTION TREATMENT PROGRAMS.
     9         (4)  THE ASSESSMENT UNDER PARAGRAPH (2) SHALL CONSIDER
    10     ISSUES OF PUBLIC SAFETY AND SHALL INCLUDE RECOMMENDATIONS FOR
    11     ALL OF THE FOLLOWING:
    12             (I)  LENGTH OF STAY.
    13             (II)  LEVELS OF CARE.
    14             (III)  FOLLOW-UP CARE AND MONITORING.
    15     (C)  INSURANCE.--IF AN INDIVIDUAL WHO IS A SUBSCRIBER TO A
    16  HEALTH INSURANCE, HEALTH MAINTENANCE ORGANIZATION OR OTHER
    17  HEALTH PLAN THAT IS DOING BUSINESS IN THIS COMMONWEALTH, THE
    18  INDIVIDUAL MAY NOT BE DEPRIVED OF ALCOHOL AND OTHER DRUG ABUSE
    19  AND ADDICTION TREATMENT OR COVERAGE WITHIN THE SCOPE OF THAT
    20  PLAN DUE TO THE IDENTIFICATION OF AN ALCOHOL OR OTHER DRUG
    21  PROBLEM WHICH OCCURS AS A RESULT OF AN ASSESSMENT UNDER THIS
    22  SECTION.
    23     (D)  MANDATORY SUSPENSION OF OPERATING PRIVILEGES.--AS A
    24  CONDITION OF PARTICIPATION IN AN ACCELERATED REHABILITATIVE
    25  DISPOSITION PROGRAM, THE COURT SHALL ORDER THE DEFENDANT'S
    26  LICENSE SUSPENDED AS FOLLOWS:
    27         (1)  THERE SHALL BE NO LICENSE SUSPENSION IF THE
    28     DEFENDANT'S BLOOD ALCOHOL CONCENTRATION AT THE TIME OF
    29     TESTING WAS LESS THAN .10%.
    30         (2)  FOR 30 DAYS, IF THE DEFENDANT'S BLOOD ALCOHOL
    20030S0008B1078                 - 59 -     

     1     CONCENTRATION AT THE TIME OF TESTING WAS AT LEAST .10% BUT
     2     LESS THAN .16%.
     3         (3)  FOR 60 DAYS, IF:
     4             (I)  THE DEFENDANT'S BLOOD ALCOHOL CONCENTRATION AT
     5         THE TIME OF TESTING WAS .16% OR HIGHER;
     6             (II)  THE DEFENDANT'S BLOOD ALCOHOL CONCENTRATION IS
     7         NOT KNOWN; OR
     8             (III)  AN ACCIDENT WHICH RESULTED IN BODILY INJURY OR
     9         IN DAMAGE TO A VEHICLE OR OTHER PROPERTY OCCURRED IN
    10         CONNECTION WITH THE EVENTS SURROUNDING THE CURRENT
    11         OFFENSE.
    12     (E)  FAILURE TO COMPLY.--
    13         (1)  A DEFENDANT WHO FAILS TO COMPLETE ANY OF THE
    14     CONDITIONS OF PARTICIPATION CONTAINED IN THIS SECTION SHALL
    15     BE DEEMED TO HAVE UNSUCCESSFULLY PARTICIPATED IN AN
    16     ACCELERATED REHABILITATIVE DISPOSITION PROGRAM, AND THE
    17     CRIMINAL RECORD UNDERLYING PARTICIPATION IN THE PROGRAM SHALL
    18     NOT BE EXPUNGED.
    19         (2)  THE COURT SHALL DIRECT THE ATTORNEY FOR THE
    20     COMMONWEALTH TO PROCEED ON THE CHARGES AS PRESCRIBED IN THE
    21     RULES OF CRIMINAL PROCEDURE IF THE DEFENDANT:
    22             (I)  FAILS TO MEET ANY OF THE REQUIREMENTS OF THIS
    23         SECTION;
    24             (II)  IS CHARGED WITH OR COMMITS AN OFFENSE UNDER 18
    25         PA.C.S (RELATING TO CRIMES AND OFFENSES); OR
    26             (III)  VIOLATES ANY OTHER CONDITION IMPOSED BY THE
    27         COURT.
    28  § 3808.  ILLEGALLY OPERATING A MOTOR VEHICLE NOT EQUIPPED WITH
    29             IGNITION INTERLOCK.
    30     (A)  OFFENSE DEFINED.--
    20030S0008B1078                 - 60 -     

     1         (1)  AN INDIVIDUAL REQUIRED TO OPERATE ONLY A MOTOR
     2     VEHICLE EQUIPPED WITH AN APPROVED IGNITION INTERLOCK SYSTEM
     3     UNDER SECTION 1553(D.2) (RELATING TO OCCUPATIONAL LIMITED
     4     LICENSE) OR 3805 (RELATING TO IGNITION INTERLOCK) WHO
     5     OPERATES A MOTOR VEHICLE ON A HIGHWAY OF THIS COMMONWEALTH
     6     WITHOUT SUCH A SYSTEM COMMITS A SUMMARY OFFENSE AND SHALL,
     7     UPON CONVICTION, BE SENTENCED TO PAY A FINE OF NOT LESS THAN
     8     $300 AND NOT MORE THAN $1,000 AND TO IMPRISONMENT FOR NOT
     9     MORE THAN 90 DAYS.
    10         (2)  AN INDIVIDUAL REQUIRED TO OPERATE ONLY A MOTOR
    11     VEHICLE EQUIPPED WITH AN IGNITION INTERLOCK SYSTEM UNDER
    12     SECTION 1553(D.2) OR 3805 WHO OPERATES A MOTOR VEHICLE ON A
    13     HIGHWAY OF THIS COMMONWEALTH WITHOUT SUCH A SYSTEM AND WHO
    14     HAS AN AMOUNT OF ALCOHOL BY WEIGHT IN HIS BLOOD THAT IS EQUAL
    15     TO OR GREATER THAN .02% OR WHO HAS ANY AMOUNT OF A SCHEDULE
    16     I, II OR III CONTROLLED SUBSTANCE, AS DEFINED IN THE IN THE
    17     ACT OF APRIL 14, 1972 (P.L.233, NO.64), KNOWN AS THE
    18     CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT, OR ITS
    19     METABOLITE, WHICH HAS NOT BEEN MEDICALLY PRESCRIBED FOR THE
    20     INDIVIDUAL COMMITS A SUMMARY OFFENSE AND SHALL, UPON
    21     CONVICTION, BE SENTENCED TO PAY A FINE OF $1,000 AND TO
    22     UNDERGO IMPRISONMENT FOR A PERIOD OF NOT LESS THAN 90 DAYS.
    23     (B)  TAMPERING WITH AN INTERLOCK SYSTEM.--A PERSON THAT
    24  TAMPERS WITH AN IGNITION INTERLOCK SYSTEM REQUIRED BY LAW
    25  COMMITS A SUMMARY OFFENSE AND SHALL, UPON CONVICTION, BE
    26  SENTENCED TO PAY A FINE OF NOT LESS THAN $300 NOR MORE THAN
    27  $1,000 AND TO UNDERGO IMPRISONMENT FOR NOT MORE THAN 90 DAYS.
    28  THE TERM "TAMPERING" IN ADDITION TO ANY PHYSICAL ACT WHICH IS
    29  INTENDED TO ALTER OR INTERFERE WITH THE PROPER FUNCTIONING OF AN
    30  IGNITION INTERLOCK DEVICE REQUIRED BY LAW SHALL INCLUDE
    20030S0008B1078                 - 61 -     

     1  ATTEMPTING TO CIRCUMVENT OR BYPASS OR CIRCUMVENTING OR BYPASSING
     2  AN IGNITION INTERLOCK DEVICE BY:
     3         (1)  MEANS OF USING ANOTHER INDIVIDUAL TO PROVIDE A
     4     BREATH SAMPLE; OR
     5         (2)  PROVIDING A BREATH SAMPLE FOR THE PURPOSE OF
     6     BYPASSING AN IGNITION INTERLOCK DEVICE REQUIRED BY LAW.
     7     (C)  REVOCATION OF OPERATING PRIVILEGE.--UPON RECEIVING A
     8  CERTIFIED RECORD OF THE CONVICTION OF AN INDIVIDUAL UNDER THIS
     9  SECTION, THE DEPARTMENT SHALL REVOKE THE INDIVIDUAL'S OPERATING
    10  PRIVILEGE FOR A PERIOD OF ONE YEAR.
    11  § 3809.  RESTRICTION ON ALCOHOLIC BEVERAGES.
    12     (A)  GENERAL RULE.--EXCEPT AS SET FORTH IN SUBSECTION (B), AN
    13  INDIVIDUAL WHO IS AN OPERATOR OR AN OCCUPANT IN A MOTOR VEHICLE
    14  MAY NOT BE IN POSSESSION OF AN OPEN ALCOHOLIC BEVERAGE CONTAINER
    15  OR CONSUME A CONTROLLED SUBSTANCE AS DEFINED IN THE ACT OF APRIL
    16  14, 1972 (P.L.233, NO.64), KNOWN AS THE CONTROLLED SUBSTANCE,
    17  DRUG, DEVICE AND COSMETIC ACT, OR AN ALCOHOLIC BEVERAGE IN A
    18  MOTOR VEHICLE WHILE THE MOTOR VEHICLE IS LOCATED ON A HIGHWAY IN
    19  THIS COMMONWEALTH.
    20     (B)  EXCEPTION.--THIS SECTION DOES NOT PROHIBIT POSSESSION OR
    21  CONSUMPTION BY ANY OF THE FOLLOWING:
    22         (1)  A PASSENGER IN THE PASSENGER AREA OF A MOTOR VEHICLE
    23     DESIGNED, MAINTAINED OR USED PRIMARILY FOR THE LAWFUL
    24     TRANSPORTATION OF PERSONS FOR COMPENSATION. THIS PARAGRAPH
    25     INCLUDES BUSES, TAXIS AND LIMOUSINES.
    26         (2)  AN INDIVIDUAL IN THE LIVING QUARTERS OF A HOUSE
    27     COACH OR HOUSE TRAILER.
    28     (C)  PENALTY.--AN INDIVIDUAL WHO VIOLATES THIS SECTION
    29  COMMITS A SUMMARY OFFENSE.
    30  § 3810.  AUTHORIZED USE NOT A DEFENSE.
    20030S0008B1078                 - 62 -     

     1     THE FACT THAT A PERSON CHARGED WITH VIOLATING THIS CHAPTER IS
     2  OR HAS BEEN LEGALLY ENTITLED TO USE ALCOHOL OR CONTROLLED
     3  SUBSTANCES IS NOT A DEFENSE TO A CHARGE OF VIOLATING THIS
     4  CHAPTER.
     5  § 3811.  CERTAIN ARRESTS AUTHORIZED.
     6     (A)  WARRANT NOT REQUIRED.--IN ADDITION TO ANY OTHER POWERS
     7  OF ARREST, A POLICE OFFICER IS AUTHORIZED TO ARREST AN
     8  INDIVIDUAL WITHOUT A WARRANT IF THE OFFICER HAS PROBABLE CAUSE
     9  TO BELIEVE THAT THE INDIVIDUAL HAS VIOLATED SECTION 3802
    10  (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED
    11  SUBSTANCE), REGARDLESS OF WHETHER THE ALLEGED VIOLATION WAS
    12  COMMITTED IN THE PRESENCE OF THE POLICE OFFICER.
    13     (B)  TERRITORY.--THE AUTHORITY UNDER SUBSECTION (A) EXTENDS
    14  TO ANY HOSPITAL OR OTHER MEDICAL TREATMENT FACILITY LOCATED
    15  BEYOND THE TERRITORIAL LIMITS OF THE POLICE OFFICER'S POLITICAL
    16  SUBDIVISION AT WHICH AN INDIVIDUAL TO BE ARRESTED IS FOUND OR
    17  WAS TAKEN OR REMOVED FOR PURPOSES OF EMERGENCY TREATMENT,
    18  EXAMINATION OR EVALUATION AS LONG AS THERE IS PROBABLE CAUSE TO
    19  BELIEVE THAT THE VIOLATION OF SECTION 3802 OCCURRED WITHIN THE
    20  POLICE OFFICER'S POLITICAL SUBDIVISION.
    21  § 3812.  PRELIMINARY HEARING OR ARRAIGNMENT.
    22     THE PRESIDING JUDICIAL OFFICER AT THE PRELIMINARY HEARING OR
    23  PRELIMINARY ARRAIGNMENT RELATING TO A CHARGE OF A VIOLATION OF
    24  SECTION 3802 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR
    25  CONTROLLED SUBSTANCE) SHALL NOT REDUCE OR MODIFY THE ORIGINAL
    26  CHARGES WITHOUT THE CONSENT OF THE ATTORNEY FOR THE
    27  COMMONWEALTH.
    28  § 3813.  WORK RELEASE.
    29     IN ANY CASE IN WHICH AN INDIVIDUAL IS SENTENCED TO A PERIOD
    30  OF IMPRISONMENT AS A RESULT OF A CONVICTION FOR VIOLATING A
    20030S0008B1078                 - 63 -     

     1  PROVISION OF THIS CHAPTER, THE JUDICIAL OFFICER IMPOSING THE
     2  SENTENCE SHALL CONSIDER ASSIGNING THAT INDIVIDUAL TO A DAYTIME
     3  WORK RELEASE PROGRAM. ANY WORK RELEASE PROGRAM PERMITTED UNDER
     4  THIS SECTION SHALL BE CERTIFIED BY THE DRUG AND ALCOHOL
     5  TREATMENT PROGRAM ADMINISTRATION AS BEING CONSISTENT WITH ANY
     6  DRUG AND ALCOHOL TREATMENT REQUIREMENTS IMPOSED UNDER SECTION
     7  3814 (RELATING TO DRUG AND ALCOHOL ASSESSMENTS).
     8  § 3814.  DRUG AND ALCOHOL ASSESSMENTS.
     9     IF A DEFENDANT IS CONVICTED OR PLEADS GUILTY OR NO CONTEST TO
    10  A VIOLATION OF SECTION 3802 (RELATING TO DRIVING UNDER INFLUENCE
    11  OF ALCOHOL OR CONTROLLED SUBSTANCE), THE FOLLOWING APPLY PRIOR
    12  TO SENTENCING:
    13         (1)  THE DEFENDANT SHALL BE EVALUATED UNDER SECTION
    14     3816(A) (RELATING TO REQUIREMENTS FOR DRIVING UNDER INFLUENCE
    15     OFFENDERS) AND ANY OTHER ADDITIONAL EVALUATION TECHNIQUES
    16     DEEMED APPROPRIATE BY THE COURT TO DETERMINE THE EXTENT OF
    17     THE DEFENDANT'S INVOLVEMENT WITH ALCOHOL OR OTHER DRUG AND TO
    18     ASSIST THE COURT IN DETERMINING WHAT TYPE OF SENTENCE WOULD
    19     BENEFIT THE DEFENDANT AND THE PUBLIC.
    20         (2)  THE DEFENDANT SHALL BE SUBJECT TO A FULL ASSESSMENT
    21     FOR ALCOHOL AND DRUG ADDICTION IF ALL OF THE FOLLOWING
    22     SUBPARAGRAPHS APPLY:
    23             (I)  THE DEFENDANT, WITHIN TEN YEARS PRIOR TO THE
    24         OFFENSE FOR WHICH SENTENCE IS BEING IMPOSED, HAS BEEN
    25         SENTENCED FOR AN OFFENSE UNDER:
    26                 (A)  FORMER SECTION 3731 (RELATING TO DRIVING
    27             UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE);
    28                 (B)  SECTION 3802; OR
    29                 (C)  AN EQUIVALENT OFFENSE IN ANOTHER
    30             JURISDICTION.
    20030S0008B1078                 - 64 -     

     1             (II)  EITHER:
     2                 (A)  THE EVALUATION UNDER PARAGRAPH (1) INDICATES
     3             THERE IS A NEED FOR COUNSELING OR TREATMENT; OR
     4                 (B)  THE DEFENDANT'S BLOOD ALCOHOL CONTENT AT THE
     5             TIME OF THE OFFENSE WAS AT LEAST .16%.
     6         (3)  THE ASSESSMENT UNDER PARAGRAPH (2) SHALL BE
     7     CONDUCTED BY ONE OF THE FOLLOWING:
     8             (I)  THE DEPARTMENT OF HEALTH OR ITS DESIGNEE.
     9             (II)  THE COUNTY AGENCY WITH RESPONSIBILITY FOR
    10         COUNTY DRUG AND ALCOHOL PROGRAMS OR ITS DESIGNEE.
    11             (III)  THE CLINICAL PERSONNEL OF A FACILITY LICENSED
    12         BY THE DEPARTMENT OF HEALTH FOR THE CONDUCT OF DRUG AND
    13         ALCOHOL ADDICTION TREATMENT PROGRAMS.
    14         (4)  THE ASSESSMENT UNDER PARAGRAPH (2) SHALL CONSIDER
    15     ISSUES OF PUBLIC SAFETY AND SHALL INCLUDE RECOMMENDATIONS FOR
    16     ALL OF THE FOLLOWING:
    17             (I)  LENGTH OF STAY.
    18             (II)  LEVELS OF CARE.
    19             (III)  FOLLOW-UP CARE AND MONITORING.
    20  § 3815.  MANDATORY SENTENCING.
    21     (A)  COUNTY SUPERVISION.--NOTWITHSTANDING THE LENGTH OF ANY
    22  MAXIMUM TERM OF IMPRISONMENT REQUIRED BY SECTION 3804 (RELATING
    23  TO PENALTIES), THE SENTENCING JUDGE MAY SUBJECT THE OFFENDER TO
    24  THE SUPERVISION OF THE COUNTY PAROLE SYSTEM.
    25     (B)  PAROLE.--
    26         (1)  AN OFFENDER WHO IS DETERMINED PURSUANT TO SECTION
    27     3814 (RELATING TO DRUG AND ALCOHOL ASSESSMENTS) TO BE IN NEED
    28     OF DRUG AND ALCOHOL TREATMENT SHALL BE ELIGIBLE FOR PAROLE IN
    29     ACCORDANCE WITH THE TERMS AND CONDITIONS PRESCRIBED IN THIS
    30     SECTION FOLLOWING THE EXPIRATION OF THE OFFENDER'S MANDATORY
    20030S0008B1078                 - 65 -     

     1     MINIMUM TERM OF IMPRISONMENT.
     2         (2)  THE FOLLOWING SHALL BE CONDITIONS OF PAROLE:
     3             (I)  IF THE OFFENDER IS NOT DETERMINED UNDER THE
     4         PROCEDURES SET FORTH IN SECTION 3814 TO BE ADDICTED TO
     5         ALCOHOL OR ANOTHER SUBSTANCE, THE OFFENDER MUST REFRAIN
     6         FROM:
     7                 (A)  THE USE OF ILLEGAL CONTROLLED SUBSTANCES;
     8             AND
     9                 (B)  THE ABUSE OF PRESCRIPTION DRUGS, OVER-THE-
    10             COUNTER DRUGS OR ANY OTHER SUBSTANCES.
    11             (II)  IF THE OFFENDER IS DETERMINED UNDER THE
    12         PROCEDURES SET FORTH IN SECTION 3814 TO BE ADDICTED TO
    13         ALCOHOL OR ANOTHER SUBSTANCE, THE OFFENDER MUST DO ALL OF
    14         THE FOLLOWING:
    15                 (A)  REFRAIN FROM:
    16                     (I)  THE USE OF ALCOHOL OR ILLEGAL CONTROLLED
    17                 SUBSTANCES; AND
    18                     (II)  THE ABUSE OF PRESCRIPTION DRUGS, OVER-
    19                 THE-COUNTER DRUGS OR ANY OTHER SUBSTANCES.
    20                 (B)  PARTICIPATE IN AND COOPERATE WITH DRUG AND
    21             ALCOHOL ADDICTION TREATMENT UNDER SUBSECTION (C).
    22     (C)  TREATMENT.--
    23         (1)  TREATMENT MUST CONFORM TO ASSESSMENT RECOMMENDATIONS
    24     MADE UNDER SECTION 3814.
    25         (2)  TREATMENT MUST BE CONDUCTED BY A DRUG AND ALCOHOL
    26     ADDICTION TREATMENT PROGRAM LICENSED BY THE DEPARTMENT OF
    27     HEALTH.
    28         (3)  THE TREATMENT PROGRAM SHALL REPORT PERIODICALLY TO
    29     THE ASSIGNED PAROLE OFFICER ON THE OFFENDER'S PROGRESS IN THE
    30     TREATMENT PROGRAM. THE TREATMENT PROGRAM SHALL PROMPTLY
    20030S0008B1078                 - 66 -     

     1     NOTIFY THE PAROLE OFFICER IF THE OFFENDER:
     2             (I)  FAILS TO COMPLY WITH PROGRAM RULES AND TREATMENT
     3         EXPECTATIONS;
     4             (II)  REFUSES TO CONSTRUCTIVELY ENGAGE IN THE
     5         TREATMENT PROCESS; OR
     6             (III)  WITHOUT AUTHORIZATION TERMINATES PARTICIPATION
     7         IN THE TREATMENT PROGRAM.
     8         (4)  UPON NOTIFICATION UNDER PARAGRAPH (3), THE PAROLE
     9     OFFICER SHALL REPORT THE OFFENDER'S ACTIONS TO THE PAROLE
    10     AUTHORITY AND TO THE DEPARTMENT FOR COMPLIANCE WITH SECTION
    11     1553(E) (RELATING TO OCCUPATIONAL LIMITED LICENSE). THE
    12     PAROLE AUTHORITY SHALL SCHEDULE A REVOCATION HEARING TO
    13     CONSIDER RECOMMENDATIONS OF THE PAROLE OFFICER AND THE
    14     TREATMENT PROGRAM.
    15         (5)  NOTHING IN THIS SUBSECTION SHALL PREVENT A TREATMENT
    16     PROGRAM FROM REFUSING TO ACCEPT AN OFFENDER IF THE PROGRAM
    17     ADMINISTRATOR DEEMS THE OFFENDER TO BE INAPPROPRIATE FOR
    18     ADMISSION TO THE PROGRAM. A TREATMENT PROGRAM SHALL RETAIN
    19     THE RIGHT TO IMMEDIATELY DISCHARGE INTO THE CUSTODY OF THE
    20     ASSIGNED PAROLE OFFICER AN OFFENDER WHO FAILS TO COMPLY WITH
    21     PROGRAM RULES AND TREATMENT EXPECTATIONS OR REFUSES TO
    22     CONSTRUCTIVELY ENGAGE IN THE TREATMENT PROCESS.
    23     (D)  ENFORCEMENT.--
    24         (1)  THIS SUBSECTION APPLIES TO AN OFFENDER ORDERED TO
    25     PARTICIPATE IN A TREATMENT PROGRAM UNDER SUBSECTION
    26     (B)(2)(II) WHO:
    27             (I)  FAILS TO COMPLY WITH PROGRAM RULES AND TREATMENT
    28         EXPECTATIONS;
    29             (II)  REFUSES TO CONSTRUCTIVELY ENGAGE IN THE
    30         TREATMENT PROCESS; OR
    20030S0008B1078                 - 67 -     

     1             (III)  TERMINATES PARTICIPATION IN THE TREATMENT
     2         PROGRAM WITHOUT AUTHORIZATION.
     3         (2)  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ALL OF
     4     THE FOLLOWING APPLY TO AN OFFENDER UNDER PARAGRAPH (1):
     5             (I)  THE OFFENDER'S PAROLE, PRERELEASE, WORK RELEASE
     6         OR ANY OTHER RELEASE STATUS SHALL BE REVOKED.
     7             (II)  THE OFFENDER SHALL BE INELIGIBLE FOR PAROLE,
     8         PRERELEASE, WORK RELEASE OR ANY OTHER RELEASE FROM THE
     9         CORRECTIONAL FACILITY PRIOR TO THE EXPIRATION OF THE
    10         OFFENDER'S MAXIMUM TERM UNLESS THE OFFENDER IS PERMITTED
    11         TO BE READMITTED TO A TREATMENT PROGRAM.
    12         (3)  NOTHING IN THIS SUBSECTION SHALL BE CONSTRUED TO
    13     GRANT A LEGAL RIGHT TO PAROLE TO AN OFFENDER PREVIOUSLY
    14     INELIGIBLE FOR PAROLE, ON THE GROUNDS THAT THE OFFENDER IS
    15     CURRENTLY PREPARED TO PARTICIPATE IN, COMPLY WITH AND
    16     CONSTRUCTIVELY ENGAGE IN THE TREATMENT PROCESS. UNDER SUCH
    17     CIRCUMSTANCES, PAROLE OR REPAROLE OF THE OFFENDER SHALL BE AT
    18     THE PAROLE AUTHORITY'S DISCRETION.
    19     (E)  FOLLOW-UP.--AFTER AN OFFENDER HAS COMPLETED THE
    20  TREATMENT PROGRAM UNDER SUBSECTION (C), THE PAROLE OFFICER SHALL
    21  TAKE REASONABLE STEPS TO ENSURE THAT THE OFFENDER DOES NOT ABUSE
    22  ALCOHOL, USE ILLEGAL CONTROLLED SUBSTANCES OR ABUSE PRESCRIPTION
    23  DRUGS, OVER-THE-COUNTER DRUGS OR ANY OTHER SUCH SUBSTANCES.
    24  THESE REASONABLE STEPS INCLUDE REQUIRING CHEMICAL TESTING AND
    25  PERIODIC REASSESSMENT OF THE OFFENDER BY THE TREATMENT PROGRAM.
    26     (F)  FEES.--
    27         (1)  EXCEPT AS SET FORTH IN PARAGRAPH (2), THE PAROLE
    28     AUTHORITY SHALL IMPOSE UPON AN OFFENDER SUBJECT TO THIS
    29     SECTION REASONABLE FEES TO COVER THE COST OF ANY OF THE
    30     FOLLOWING:
    20030S0008B1078                 - 68 -     

     1             (I)  CHEMICAL TESTING OF THE OFFENDER REQUIRED UNDER
     2         THIS SECTION.
     3             (II)  AN ASSESSMENT OF THE OFFENDER REQUIRED UNDER
     4         THIS SECTION.
     5             (III)  DRUG OR ALCOHOL TREATMENT PROVIDED IN
     6         ACCORDANCE WITH THE ASSESSMENT.
     7         (2)  IF THE PAROLE AUTHORITY FINDS THE OFFENDER TO BE
     8     UNABLE TO PAY THE FULL AMOUNT OF THE FEES REQUIRED BY
     9     PARAGRAPH (1) AND SECTION 1541(D) (RELATING TO PERIOD OF
    10     DISQUALIFICATION, REVOCATION OR SUSPENSION OF OPERATING
    11     PRIVILEGE), IT SHALL REQUIRE THE OFFENDER TO PAY AS MUCH OF
    12     THE FEE AS IS CONSISTENT WITH THE OFFENDER'S ABILITY TO PAY
    13     AND SHALL DIRECT THE ASSIGNED PAROLE OFFICER TO ESTABLISH A
    14     REASONABLE PAYMENT SCHEDULE FOR THE OFFENDER TO PAY AS MUCH
    15     OF THE REMAINING FEES AS IS CONSISTENT WITH THE OFFENDER'S
    16     ABILITY TO PAY.
    17     (G)  INSURANCE.--IF AN INDIVIDUAL WHO IS A SUBSCRIBER TO A
    18  HEALTH INSURANCE, HEALTH MAINTENANCE ORGANIZATION OR OTHER
    19  HEALTH PLAN THAT IS DOING BUSINESS IN THIS COMMONWEALTH, THE
    20  INDIVIDUAL MAY NOT BE DEPRIVED OF ALCOHOL AND OTHER DRUG ABUSE
    21  AND ADDICTION TREATMENT OR COVERAGE WITHIN THE SCOPE OF THAT
    22  PLAN DUE TO THE IDENTIFICATION OF AN ALCOHOL OR OTHER DRUG
    23  PROBLEM WHICH OCCURS AS A RESULT OF AN ASSESSMENT UNDER THIS
    24  SECTION.
    25     (H)  ADDITIONAL FUNDING.--IN ORDER TO SUPPORT AND AUGMENT THE
    26  DIAGNOSTIC ASSESSMENT AND TREATMENT SERVICES PROVIDED UNDER THIS
    27  SECTION, THE DEPARTMENT OF HEALTH, THE DEPARTMENT AND THE
    28  PENNSYLVANIA COMMISSION ON CRIME AND DELINQUENCY SHALL SEEK ALL
    29  AVAILABLE FEDERAL FUNDING, INCLUDING FUNDS AVAILABLE THROUGH THE
    30  UNITED STATES NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION AND
    20030S0008B1078                 - 69 -     

     1  THE DEPARTMENT OF HEALTH AND HUMAN SERVICES.
     2  § 3816.  REQUIREMENTS FOR DRIVING UNDER INFLUENCE OFFENDERS.
     3     (A)  EVALUATION USING COURT REPORTING NETWORK.--IN ADDITION
     4  TO ANY OTHER REQUIREMENTS OF THE COURT, EVERY PERSON CONVICTED
     5  OF A VIOLATION OF SECTION 3802 (RELATING TO DRIVING UNDER
     6  INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE) AND EVERY PERSON
     7  OFFERED ACCELERATED REHABILITATIVE DISPOSITION AS A RESULT OF A
     8  CHARGE OF A VIOLATION OF SECTION 3802 SHALL, PRIOR TO SENTENCING
     9  OR RECEIVING ACCELERATED REHABILITATIVE DISPOSITION OR OTHER
    10  PRELIMINARY DISPOSITION, BE EVALUATED USING COURT REPORTING
    11  NETWORK INSTRUMENTS ISSUED BY THE DEPARTMENT AND ANY OTHER
    12  ADDITIONAL EVALUATION TECHNIQUES DEEMED APPROPRIATE BY THE COURT
    13  TO DETERMINE THE EXTENT OF THE PERSON'S INVOLVEMENT WITH ALCOHOL
    14  OR CONTROLLED SUBSTANCES AND TO ASSIST THE COURT IN DETERMINING
    15  WHAT SENTENCING, PROBATION OR CONDITIONS OF ACCELERATED
    16  REHABILITATIVE DISPOSITION WOULD BENEFIT THE PERSON OR THE
    17  PUBLIC.
    18     (B)  COURT-ORDERED INTERVENTION OR TREATMENT.--A RECORD SHALL
    19  BE SUBMITTED TO THE DEPARTMENT AS TO WHETHER THE COURT DID OR
    20  DID NOT ORDER A DEFENDANT TO ATTEND DRUG AND ALCOHOL TREATMENT
    21  PURSUANT TO THE REQUIREMENTS OF SECTIONS 3804 (RELATING TO
    22  PENALTIES), 3814 (RELATING TO DRUG AND ALCOHOL ASSESSMENTS) AND
    23  3815 (RELATING TO MANDATORY SENTENCING). IF THE COURT ORDERS
    24  TREATMENT, A REPORT SHALL BE FORWARDED TO THE DEPARTMENT AS TO
    25  WHETHER THE DEFENDANT SUCCESSFULLY COMPLETED THE PROGRAM. IF A
    26  DEFENDANT FAILS TO SUCCESSFULLY COMPLETE A PROGRAM OF TREATMENT
    27  AS ORDERED BY THE COURT, THE SUSPENSION SHALL REMAIN IN EFFECT
    28  UNTIL THE DEPARTMENT IS NOTIFIED BY THE COURT THAT THE DEFENDANT
    29  HAS SUCCESSFULLY COMPLETED TREATMENT AND THE DEFENDANT IS
    30  OTHERWISE ELIGIBLE FOR RESTORATION OF HIS OPERATING PRIVILEGE.
    20030S0008B1078                 - 70 -     

     1  IN ORDER TO IMPLEMENT THE RECORDKEEPING REQUIREMENTS OF THIS
     2  SECTION, THE DEPARTMENT AND THE COURT SHALL WORK TOGETHER TO
     3  EXCHANGE PERTINENT INFORMATION ABOUT A DEFENDANT'S CASE,
     4  INCLUDING ATTENDANCE AND COMPLETION OF TREATMENT OR FAILURE TO
     5  COMPLETE TREATMENT.
     6  § 3817.  REPORTING REQUIREMENTS FOR OFFENSES.
     7     (A)  REQUIREMENT.--THE DEPARTMENT SHALL MAKE AN ANNUAL REPORT
     8  ON THE ADMINISTRATION OF THIS CHAPTER. THE DEPARTMENT, THE
     9  COURTS AND THE PENNSYLVANIA SENTENCING COMMISSION SHALL WORK
    10  TOGETHER TO EXCHANGE PERTINENT INFORMATION NECESSARY TO COMPLETE
    11  THIS REPORT.
    12     (B)  CONTENTS.--THE REPORT SHALL INCLUDE:
    13         (1)  THE NUMBER OF OFFENDERS.
    14         (2)  THE NUMBER OF OFFENDERS SUBJECT TO SECTION 3815
    15     (RELATING TO MANDATORY SENTENCING).
    16         (3)  THE NUMBER OF OFFENDERS SENT TO TREATMENT FOR
    17     ALCOHOL AND DRUG PROBLEMS AND ADDICTION.
    18         (4)  THE NAMES OF THE TREATMENT FACILITIES PROVIDING
    19     TREATMENT AND THE LEVEL OF CARE AND LENGTH OF STAY IN
    20     TREATMENT.
    21         (5)  THE NUMBER OF OFFENDERS SUCCESSFULLY COMPLETING
    22     TREATMENT.
    23         (6)  THE NUMBER OF SUSPENDED LICENSES RETURNED AFTER
    24     COMPLETION OF TREATMENT.
    25         (7)  THE NUMBER OF FIRST, SECOND, THIRD AND SUBSEQUENT
    26     OFFENDERS.
    27     (C)  RECIPIENTS.--THE ANNUAL REPORT SHALL BE SUBMITTED TO THE
    28  JUDICIARY COMMITTEE, PUBLIC HEALTH AND WELFARE COMMITTEE AND
    29  TRANSPORTATION COMMITTEE OF THE SENATE; THE HEALTH AND HUMAN
    30  SERVICES COMMITTEE, JUDICIARY COMMITTEE AND TRANSPORTATION
    20030S0008B1078                 - 71 -     

     1  COMMITTEE OF THE HOUSE OF REPRESENTATIVES; AND THE BUREAU OF
     2  DRUG AND ALCOHOL PROGRAMS. THE REPORT SHALL BE MADE AVAILABLE TO
     3  THE PUBLIC.
     4     SECTION 20.  SECTION 6109(A)(1) AND (F) OF TITLE 75 ARE
     5  AMENDED AND THE SECTION IS AMENDED BY ADDING A SUBSECTION TO
     6  READ:
     7  § 6109.  SPECIFIC POWERS OF DEPARTMENT AND LOCAL AUTHORITIES.
     8     (A)  ENUMERATION OF POLICE POWERS.--THE PROVISIONS OF THIS
     9  TITLE SHALL NOT BE DEEMED TO PREVENT THE DEPARTMENT ON STATE-
    10  DESIGNATED HIGHWAYS AND LOCAL AUTHORITIES ON STREETS OR HIGHWAYS
    11  WITHIN THEIR PHYSICAL BOUNDARIES FROM THE REASONABLE EXERCISE OF
    12  THEIR POLICE POWERS. THE FOLLOWING ARE PRESUMED TO BE REASONABLE
    13  EXERCISES OF POLICE POWER:
    14         (1)  [REGULATING] EXCEPT AS LIMITED BY SUBSECTION (G),
    15     REGULATING OR PROHIBITING STOPPING, STANDING OR PARKING.
    16         * * *
    17     (F)  DELEGATION OF POWERS AUTHORIZED.--[NOTHING] EXCEPT AS
    18  SET FORTH IN SUBSECTION (G), NOTHING CONTAINED IN THIS SECTION
    19  SHALL BE DEEMED TO PREVENT LOCAL AUTHORITIES BY ORDINANCE OR
    20  RESOLUTION OF THE LOCAL GOVERNING BODY FROM DELEGATING THEIR
    21  POWERS UNDER SUBSECTION (A)(1) OR (22) TO A PARKING AUTHORITY
    22  ESTABLISHED PURSUANT TO [THE ACT OF JUNE 5, 1947 (P.L.458,
    23  NO.208), KNOWN AS THE "PARKING AUTHORITY LAW."] 53 PA.C.S. CH.
    24  55 (RELATING TO PARKING AUTHORITIES).
    25     (G)  DELEGATION OF POWERS IN CITIES OF THE FIRST CLASS.--
    26         (1)  NOTWITHSTANDING ANY CONTRARY PROVISION OF 53 PA.C.S.
    27     CH. 55 OR THIS TITLE, THE PARKING AUTHORITY OF A CITY OF THE
    28     FIRST CLASS SHALL ENFORCE AND ADMINISTER ALL ORDINANCES AND
    29     RESOLUTIONS ENACTED OR ADOPTED BY THE CITY OF THE FIRST CLASS
    30     PURSUANT TO THE POWERS SPECIFIED UNDER SUBSECTION (A)(1).
    20030S0008B1078                 - 72 -     

     1         (2)  AS USED IN THIS SUBSECTION, THE FOLLOWING WORDS AND
     2     PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
     3     PARAGRAPH:
     4         "ADMINISTER."  TO PROVIDE ANY SERVICES OR MATERIALS
     5     NECESSARY TO ENFORCE ANY ORDINANCE OR RESOLUTION ENACTED IN
     6     ORDER TO REGULATE OR PROHIBIT THE STOPPING, STANDING OR
     7     PARKING OF MOTOR VEHICLES IN A CITY OF THE FIRST CLASS,
     8     INCLUDING, BUT NOT LIMITED TO:
     9             (I)  THE INSTALLATION AND MAINTENANCE OF ALL
    10         EQUIPMENT, INCLUDING PARKING METERS, ON AND ALONG
    11         HIGHWAYS, STREETS AND ROADWAYS.
    12             (II)  THE INSTALLATION AND MAINTENANCE OF ALL
    13         SIGNAGE, INCLUDING SIGNAGE FOR HANDICAPPED PARKING,
    14         RESIDENTIAL PERMIT PARKING AND LOADING AREAS, ON AND
    15         ALONG HIGHWAYS, STREETS AND ROADWAYS.
    16             (III)  THE OPERATION AND MANAGEMENT OF ANY
    17         HANDICAPPED PARKING, RESIDENTIAL PARKING AND LOADING AREA
    18         PERMIT PROGRAMS.
    19             (IV)  THE ADJUDICATION OF ALL DISPUTED PARKING
    20         VIOLATION NOTICES OR CITATIONS ISSUED THROUGH ENFORCEMENT
    21         BY THE PARKING AUTHORITY IN A CITY OF THE FIRST CLASS OR
    22         THE POLICE DEPARTMENT WITH JURISDICTION OVER THE CITY OF
    23         THE FIRST CLASS.
    24         "ENFORCE."  THE ISSUANCE OF PARKING VIOLATION NOTICES OR
    25     CITATIONS, THE IMMOBILIZATION, TOWING AND IMPOUNDMENT OF
    26     MOTOR VEHICLES AND THE COLLECTION OF FINES, PENALTIES AND
    27     COSTS FOR VIOLATIONS OF ANY ORDINANCE OR RESOLUTION ENACTED
    28     IN ORDER TO REGULATE OR PROHIBIT THE STOPPING, STANDING OR
    29     PARKING OF MOTOR VEHICLES IN A CITY OF THE FIRST CLASS.
    30     SECTION 21.  SECTIONS 6308(B) AND 6506(A) AND (B) OF TITLE 75
    20030S0008B1078                 - 73 -     

     1  ARE AMENDED TO READ:
     2  § 6308.  INVESTIGATION BY POLICE OFFICERS.
     3     * * *
     4     (B)  AUTHORITY OF POLICE OFFICER.--WHENEVER A POLICE OFFICER
     5  IS ENGAGED IN A SYSTEMATIC PROGRAM OF CHECKING VEHICLES OR
     6  DRIVERS OR HAS [ARTICULABLE AND REASONABLE GROUNDS TO SUSPECT A
     7  VIOLATION OF THIS TITLE,] REASONABLE SUSPICION THAT A VIOLATION
     8  OF THIS TITLE IS OCCURRING OR HAS OCCURRED, HE MAY STOP A
     9  VEHICLE, UPON REQUEST OR SIGNAL, FOR THE PURPOSE OF CHECKING THE
    10  VEHICLE'S REGISTRATION, PROOF OF FINANCIAL RESPONSIBILITY,
    11  VEHICLE IDENTIFICATION NUMBER OR ENGINE NUMBER OR THE DRIVER'S
    12  LICENSE, OR TO SECURE SUCH OTHER INFORMATION AS THE OFFICER MAY
    13  REASONABLY BELIEVE TO BE NECESSARY TO ENFORCE THE PROVISIONS OF
    14  THIS TITLE.
    15     * * *
    16  § 6506.  SURCHARGE.
    17     (A)  LEVY AND IMPOSITION.--IN ADDITION TO ANY FINES, FEES OR
    18  PENALTIES LEVIED OR IMPOSED AS PROVIDED BY LAW, UNDER THIS TITLE
    19  OR ANY OTHER STATUTE, A SURCHARGE SHALL BE LEVIED FOR
    20  DISPOSITION IN ACCORDANCE WITH SUBSECTION (B) AS FOLLOWS:
    21         (1)  UPON CONVICTION FOR ANY VIOLATION OF THE PROVISIONS
    22     OF THIS TITLE OR OTHER STATUTE OF THE COMMONWEALTH, OR
    23     REGULATIONS PROMULGATED UNDER THIS TITLE, WHICH IS A TRAFFIC
    24     VIOLATION AND WHICH IS NOT INCLUDED WITHIN THE PROVISIONS OF
    25     PARAGRAPHS (2) THROUGH (7), EXCLUSIVE OF PARKING OFFENSES, A
    26     SURCHARGE OF $30.
    27         (2)  UPON CONVICTION FOR A VIOLATION OF THE FOLLOWING
    28     PROVISIONS OF THIS TITLE, A SURCHARGE OF $40:
    29             (I)  SECTION 3306(A)(1) (RELATING TO LIMITATIONS ON
    30         DRIVING ON LEFT SIDE OF ROADWAY).
    20030S0008B1078                 - 74 -     

     1             (II)  SECTION 3745 (RELATING TO ACCIDENTS INVOLVING
     2         DAMAGE TO UNATTENDED VEHICLE OR PROPERTY).
     3         (3)  UPON CONVICTION FOR A VIOLATION OF SECTION 3345(A)
     4     (RELATING TO MEETING OR OVERTAKING SCHOOL BUS), A SURCHARGE
     5     OF $50.
     6         (4)  UPON CONVICTION FOR A VIOLATION OF SECTION 3362
     7     (RELATING TO MAXIMUM SPEED LIMITS), THE FOLLOWING APPLICABLE
     8     SURCHARGE:
     9             (I)  $30 FOR EXCEEDING THE MAXIMUM SPEED LIMIT BY 6
    10         TO 10 MILES PER HOUR OR 11 TO 15 MILES PER HOUR.
    11             (II)  $40 FOR EXCEEDING THE MAXIMUM SPEED LIMIT BY 16
    12         TO 25 MILES PER HOUR.
    13             (III)  $50 FOR EXCEEDING THE MAXIMUM SPEED LIMIT BY
    14         AT LEAST 26 MILES PER HOUR.
    15         (5)  UPON CONVICTION FOR VIOLATION OF SECTION 4902
    16     (RELATING TO RESTRICTIONS ON USE OF HIGHWAYS AND BRIDGES),
    17     SUBCHAPTER C OF CHAPTER 49 (RELATING TO MAXIMUM WEIGHTS OF
    18     VEHICLES) OR SUBCHAPTER E OF CHAPTER 49 (RELATING TO
    19     MEASURING AND ADJUSTING VEHICLE SIZE AND WEIGHT), A SURCHARGE
    20     OF $150.
    21         (6)  UPON CONVICTION FOR VIOLATION OF CHAPTER 47
    22     (RELATING TO INSPECTION OF VEHICLES), BY THE OWNER OR
    23     OPERATOR OR DRIVER OF A VEHICLE WHICH IS SUBJECT TO THE
    24     PROVISIONS OF CHAPTER 49 (RELATING TO SIZE, WEIGHT AND LOAD),
    25     A SURCHARGE OF $30.
    26         (7)  UPON CONVICTION OF OFFENSES UNDER SECTION [3731]
    27     3802 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR
    28     CONTROLLED SUBSTANCE), OR UPON ADMISSION TO PROGRAMS FOR
    29     ACCELERATED REHABILITATIVE DISPOSITION FOR OFFENSES
    30     ENUMERATED IN SECTION [3731] 3802, A SURCHARGE, RESPECTIVELY,
    20030S0008B1078                 - 75 -     

     1     OF:
     2             (I)  $50 FOR THE FIRST OFFENSE.
     3             (II)  $100 FOR THE SECOND OFFENSE.
     4             (III)  $200 FOR THE THIRD OFFENSE.
     5             (IV)  $300 FOR THE FOURTH AND SUBSEQUENT OFFENSES.
     6  THE PROVISIONS OF THIS SUBSECTION SHALL NOT APPLY TO ANY
     7  VIOLATION COMMITTED BY THE OPERATOR OF A MOTORCYCLE, MOTOR-
     8  DRIVEN CYCLE, PEDALCYCLE, MOTORIZED PEDALCYCLE OR RECREATIONAL
     9  VEHICLE NOT INTENDED FOR HIGHWAY USE.
    10         (8)  UPON CONVICTION, IN A CITY OF THE FIRST CLASS, OF
    11     ANY VIOLATION OF THIS TITLE, A SURCHARGE OF $10.
    12     (B)  DISPOSITION.--
    13         (1)  NOTWITHSTANDING THE PROVISIONS OF 42 PA.C.S. §§ 3571
    14     (RELATING TO COMMONWEALTH PORTION OF FINES, ETC.) AND 3573
    15     (RELATING TO MUNICIPAL CORPORATION PORTION OF FINES, ETC.)[,
    16     ALL]:
    17             (I)  ALL SURCHARGES LEVIED AND COLLECTED UNDER
    18         SUBSECTION (A)(1) THROUGH (7) BY ANY DIVISION OF THE
    19         UNIFIED JUDICIAL SYSTEM EXISTING UNDER SECTION 1 OF
    20         ARTICLE V OF THE CONSTITUTION OF PENNSYLVANIA AND 42
    21         PA.C.S. § 301 (RELATING TO UNIFIED JUDICIAL SYSTEM) SHALL
    22         BE REMITTED TO THE COMMONWEALTH FOR DEPOSIT IN THE
    23         CATASTROPHIC LOSS BENEFITS CONTINUATION FUND FOR THE
    24         PURPOSE OF FUNDING CATASTROPHIC LOSS BENEFITS IN
    25         ACCORDANCE WITH SECTION 1798.2 (RELATING TO TRANSITION).
    26             (II)  ALL SURCHARGES LEVIED AND COLLECTED UNDER
    27         SUBSECTION (A)(8) BY SUCH DIVISION OF THE UNIFIED
    28         JUDICIAL SYSTEM SHALL BE REMITTED TO THE APPROPRIATE
    29         TOWING AND STORAGE AGENT AS SET FORTH IN SECTION
    30         6309.2(E) (RELATING TO IMMOBILIZATION, TOWING AND STORAGE
    20030S0008B1078                 - 76 -     

     1         OF VEHICLE FOR DRIVING WITHOUT OPERATING PRIVILEGES OR
     2         REGISTRATION) FOR PURPOSES OF FUNDING ITS COSTS
     3         ASSOCIATED WITH SUBCHAPTER A OF CHAPTER 63 (RELATING TO
     4         GENERAL PROVISIONS).
     5             (III)  IF THE SURCHARGE IS BEING PAID IN
     6         INSTALLMENTS, THE SURCHARGE SHALL BE REMITTED ON EACH
     7         INSTALLMENT.
     8         (2)  THE SURCHARGES LEVIED AND COLLECTED UNDER SUBSECTION
     9     (A) SHALL NOT BE DEPOSITED FOR THE CREDIT OR USE OF, OR
    10     OTHERWISE ALLOCATED, DIRECTED OR PAID TO, COUNTIES OR
    11     MUNICIPALITIES UNDER THE PROVISIONS OF 42 PA.C.S. CH. 35
    12     SUBCH. E (RELATING TO FINES, ETC.), OR ANY OTHER STATUTE, THE
    13     CRIME VICTIM'S COMPENSATION BOARD UNDER SECTION 477.15(B) OF
    14     THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS THE
    15     ADMINISTRATIVE CODE OF 1929, THE COMMISSION ON CRIME AND
    16     DELINQUENCY FOR VICTIM-WITNESS SERVICES GRANTS UNDER SECTION
    17     477.15(C) OF THE ADMINISTRATIVE CODE OF 1929, RAPE CRISIS
    18     CENTERS, THE EMERGENCY MEDICAL SERVICES OPERATING FUND,
    19     DOMESTIC VIOLENCE SHELTERS, THE JUDICIAL COMPUTER SYSTEM
    20     AUGMENTATION ACCOUNT ESTABLISHED UNDER 42 PA.C.S. CH. 37
    21     SUBCH. C (RELATING TO JUDICIAL COMPUTER SYSTEM) OR UNDER ANY
    22     OTHER STATUTE.
    23     * * *
    24     SECTION 22.  THE ADDITION OF 75 PA.C.S. §§ 3814 AND 3815
    25  SHALL APPLY AS FOLLOWS:
    26         (1)  EXCEPT AS SET FORTH IN PARAGRAPH (2) OR (3), AFTER
    27     JUNE 30, 2009, FOR AN OFFENDER SENTENCED UNDER THIS CHAPTER.
    28         (2)  ON AND AFTER THE EFFECTIVE DATE OF THIS SECTION, FOR
    29     AN OFFENDER SENTENCED FOR A MISDEMEANOR OF THE FIRST DEGREE.
    30         (3)  AFTER JUNE 30, 2006, FOR AN OFFENDER SENTENCED
    20030S0008B1078                 - 77 -     

     1     PURSUANT TO SECTION 3804(A)(3), (B)(2) AND (C)(1).
     2     SECTION 23.  THE DEPARTMENT OF TRANSPORTATION HAS THE
     3  FOLLOWING DUTIES:
     4         (1)  IN ORDER TO IMPLEMENT THE ADDITION OF 75 PA.C.S. §
     5     3805, THE FOLLOWING SHALL APPLY:
     6             (I)  THE DEPARTMENT SHALL ADOPT AND USE GUIDELINES,
     7         WHICH SHALL BE PUBLISHED IN THE PENNSYLVANIA BULLETIN.
     8         THE GUIDELINES SHALL NOT BE SUBJECT TO REVIEW UNDER
     9         SECTION 205 OF THE ACT OF JULY 31, 1968 (P.L.769,
    10         NO.240), REFERRED TO AS THE COMMONWEALTH DOCUMENTS LAW,
    11         AND THE ACT OF JUNE 25, 1982 (P.L.633, NO.181), KNOWN AS
    12         THE REGULATORY REVIEW ACT.
    13             (II)  BY SEPTEMBER 30, 2004, THE DEPARTMENT SHALL, IN
    14         ACCORDANCE WITH LAW, PROMULGATE REGULATIONS TO REPLACE
    15         THE GUIDELINES UNDER SUBPARAGRAPH (I).
    16             (III)  THE GUIDELINES UNDER SUBPARAGRAPH (I) SHALL:
    17                 (A)  TAKE EFFECT SEPTEMBER 30, 2003, OR
    18             IMMEDIATELY, WHICHEVER IS LATER; AND
    19                 (B)  EXPIRE ON THE EARLIER OF:
    20                     (I)  THE EFFECTIVE DATE OF REGULATIONS UNDER
    21                 SUBPARAGRAPH (II); OR
    22                     (II)  SEPTEMBER 30, 2005.
    23         (2)  BY OCTOBER 1, 2004, THE DEPARTMENT SHALL PROMULGATE
    24     REGULATIONS TO IMPLEMENT 75 PA.C.S. § 1549(B).
    25     SECTION 24.  THE ADDITION OF 75 PA.C.S CH. 38 IS A
    26  CONTINUATION OF FORMER 75 PA.C.S. § 3731. THE REPEAL OF 75
    27  PA.C.S. § 3731 SHALL NOT AFFECT OFFENSES COMMITTED PRIOR TO THE
    28  EFFECTIVE DATE OF THIS SECTION.
    29     SECTION 25.  THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
    30         (1)  THE FOLLOWING PROVISIONS SHALL TAKE EFFECT IN 60
    20030S0008B1078                 - 78 -     

     1     DAYS:
     2             (I)  THE AMENDMENT OF 75 PA.C.S. § 1332(B).
     3             (II)  THE ADDITION OF 75 PA.C.S. § 1332(C).
     4             (III)  THE AMENDMENT OF 75 PA.C.S. § 3116(L)(2) AND
     5         (Q).
     6             (IV)  THE AMENDMENT OF 75 PA.C.S. § 6109(A)(1) AND
     7         (F).
     8             (V)  THE ADDITION OF 75 PA.C.S. § 6109(G).
     9             (VI)  THE ADDITION OF 75 PA.C.S. § 6506(A)(8).
    10             (VII)  THE AMENDMENT OF 75 PA.C.S. § 6506(B).
    11         (2)  THE FOLLOWING PROVISIONS SHALL TAKE EFFECT
    12     IMMEDIATELY:
    13             (I)  SECTION 23 OF THIS ACT.
    14             (II)  THIS SECTION.
    15         (3)  THE REMAINDER OF THIS ACT SHALL TAKE EFFECT
    16     SEPTEMBER 30, 2003, OR IMMEDIATELY, WHICHEVER IS LATER.
    17     SECTION 1.  SECTIONS 6105(C)(3) AND 7508.1(B) AND (C) OF       <--
    18  TITLE 18 OF THE PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED
    19  TO READ:
    20     SECTION 1.  SECTION 6105(C)(3) OF TITLE 18 OF THE              <--
    21  PENNSYLVANIA CONSOLIDATED STATUTES IS AMENDED TO READ:
    22  § 6105.  PERSONS NOT TO POSSESS, USE, MANUFACTURE, CONTROL, SELL
    23             OR TRANSFER FIREARMS.
    24     * * *
    25     (C)  OTHER PERSONS.--IN ADDITION TO ANY PERSON WHO HAS BEEN
    26  CONVICTED OF ANY OFFENSE LISTED UNDER SUBSECTION (B), THE
    27  FOLLOWING PERSONS SHALL BE SUBJECT TO THE PROHIBITION OF
    28  SUBSECTION (A):
    29         * * *
    30         (3)  A PERSON WHO HAS BEEN CONVICTED OF DRIVING UNDER THE
    20030S0008B1078                 - 79 -     

     1     INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE AS PROVIDED IN
     2     75 PA.C.S. § [3731] 3802 (RELATING TO DRIVING UNDER INFLUENCE
     3     OF ALCOHOL OR CONTROLLED SUBSTANCE) ON THREE OR MORE SEPARATE
     4     OCCASIONS WITHIN A FIVE-YEAR PERIOD. FOR THE PURPOSES OF THIS
     5     PARAGRAPH ONLY, THE PROHIBITION OF SUBSECTION (A) SHALL ONLY
     6     APPLY TO TRANSFERS OR PURCHASES OF FIREARMS AFTER THE THIRD
     7     CONVICTION.
     8         * * *
     9     SECTION 1.1.  SECTION 7508.1(B) AND (C) OF TITLE 18, ADDED
    10  DECEMBER 9, 2002 (P.L.1539, NO.198), IS AMENDED TO READ:
    11  § 7508.1.  SUBSTANCE ABUSE EDUCATION AND DEMAND REDUCTION FUND.
    12     * * *
    13     (B)  IMPOSITION.--UNLESS THE COURT FINDS THAT UNDUE HARDSHIP
    14  WOULD RESULT, A MANDATORY COST OF $100, WHICH SHALL BE IN
    15  ADDITION TO ANY OTHER COSTS IMPOSED PURSUANT TO STATUTORY
    16  AUTHORITY, SHALL AUTOMATICALLY BE ASSESSED ON ANY INDIVIDUAL
    17  CONVICTED, ADJUDICATED DELINQUENT OR GRANTED ACCELERATED
    18  REHABILITATIVE DISPOSITION OR ANY INDIVIDUAL WHO PLEADS GUILTY
    19  OR NOLO CONTENDERE FOR A VIOLATION OF THE ACT OF APRIL 14, 1972
    20  (P.L.233, NO.64), KNOWN AS THE CONTROLLED SUBSTANCE, DRUG,
    21  DEVICE AND COSMETIC ACT, OR A VIOLATION OF 75 PA.C.S. § [3731]
    22  3802 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR
    23  CONTROLLED SUBSTANCE).
    24     (C)  ADDITIONAL ASSESSMENT.--IN ADDITION TO THE ASSESSMENT
    25  REQUIRED BY SUBSECTION (B), A PERSON CONVICTED OF OR ADJUDICATED
    26  DELINQUENT FOR A VIOLATION OF 75 PA.C.S. § [3731] 3802 SHALL BE
    27  ASSESSED $200 WHERE THE AMOUNT OF ALCOHOL BY WEIGHT IN THE BLOOD
    28  OF THE PERSON IS EQUAL TO OR GREATER THAN [.15%] .16% AT THE
    29  TIME A CHEMICAL TEST IS PERFORMED ON A SAMPLE OF THE PERSON'S
    30  BREATH, BLOOD OR URINE. FOR THE PURPOSES OF THIS SUBSECTION, THE
    20030S0008B1078                 - 80 -     

     1  SAMPLE OF THE PERSON'S BLOOD, BREATH OR URINE SHALL BE TAKEN
     2  WITHIN [TWO] THREE HOURS AFTER THE PERSON IS PLACED UNDER
     3  ARREST.
     4     * * *
     5     SECTION 2.  SECTION 7514 OF TITLE 18 IS REPEALED.
     6     SECTION 3.  SECTION 5502(A)(4) AND (A.1)(1) OF TITLE 30 ARE
     7  AMENDED TO READ:
     8  § 5502.  OPERATING WATERCRAFT UNDER INFLUENCE OF ALCOHOL OR
     9             CONTROLLED SUBSTANCE.
    10     (A)  GENERAL RULE.--NO PERSON SHALL OPERATE OR BE IN ACTUAL
    11  PHYSICAL CONTROL OF THE MOVEMENT OF A WATERCRAFT UPON, IN OR
    12  THROUGH THE WATERS OF THIS COMMONWEALTH:
    13         * * *
    14         (4)  WHILE THE AMOUNT OF ALCOHOL BY WEIGHT IN THE BLOOD
    15     OF:
    16             (I)  AN ADULT IS [0.10%] 0.08% OR GREATER; OR
    17             (II)  A MINOR IS 0.02% OR GREATER.
    18     (A.1)  PRIMA FACIE EVIDENCE.--
    19         (1)  IT IS PRIMA FACIE EVIDENCE THAT:
    20             (I)  AN ADULT HAD [0.10%] 0.08% OR MORE BY WEIGHT OF
    21         ALCOHOL IN HIS OR HER BLOOD AT THE TIME OF OPERATING OR
    22         BEING IN ACTUAL PHYSICAL CONTROL OF THE MOVEMENT OF A
    23         WATERCRAFT IF THE AMOUNT OF ALCOHOL BY WEIGHT IN THE
    24         BLOOD OF THE PERSON IS EQUAL TO OR GREATER THAN [0.10%]
    25         0.08% AT THE TIME A CHEMICAL TEST IS PERFORMED ON A
    26         SAMPLE OF THE PERSON'S BREATH, BLOOD OR URINE; AND
    27             (II)  A MINOR HAD 0.02% OR MORE BY WEIGHT OF ALCOHOL
    28         IN HIS OR HER BLOOD AT THE TIME OF OPERATING OR BEING IN
    29         ACTUAL PHYSICAL CONTROL OF THE MOVEMENT OF A WATERCRAFT
    30         IF THE AMOUNT OF ALCOHOL BY WEIGHT IN THE BLOOD OF THE
    20030S0008B1078                 - 81 -     

     1         MINOR IS EQUAL TO OR GREATER THAN 0.02% AT THE TIME A
     2         CHEMICAL TEST IS PERFORMED ON A SAMPLE OF THE PERSON'S
     3         BREATH, BLOOD OR URINE.
     4         * * *
     5     SECTION 4.  SECTIONS 2501(A)(4) AND (A.1)(1)(I) AND (B) AND
     6  2502(D)(2) AND (3) OF TITLE 34 ARE AMENDED TO READ:
     7  § 2501.  HUNTING OR FURTAKING PROHIBITED WHILE UNDER INFLUENCE
     8             OF ALCOHOL OR CONTROLLED SUBSTANCE.
     9     (A)  GENERAL RULE.--IT IS UNLAWFUL TO HUNT OR TAKE GAME,
    10  FURBEARERS OR WILDLIFE OR AID, ABET, ASSIST OR CONSPIRE TO HUNT
    11  OR TAKE GAME, FURBEARERS OR WILDLIFE ANYWHERE IN THIS
    12  COMMONWEALTH WHILE IN POSSESSION OF A FIREARM OF ANY KIND OR A
    13  BOW AND ARROW IF:
    14         * * *
    15         (4)  THE AMOUNT OF ALCOHOL BY WEIGHT IN THE BLOOD OF:
    16             (I)  AN ADULT IS [0.10%] 0.08% OR GREATER; OR
    17             (II)  A MINOR IS 0.02% OR GREATER.
    18     (A.1)  PRIMA FACIE EVIDENCE.--
    19         (1)  IT IS PRIMA FACIE EVIDENCE THAT:
    20             (I)  AN ADULT HAD [0.10%] 0.08% OR MORE BY WEIGHT OF
    21         ALCOHOL IN HIS OR HER BLOOD AT THE TIME OF HUNTING OR
    22         TAKING OF GAME, FURBEARERS OR WILDLIFE OR THE AIDING,
    23         ABETTING, ASSISTING OR CONSPIRING TO HUNT OR TAKE GAME,
    24         FURBEARERS OR WILDLIFE IF THE AMOUNT OF ALCOHOL BY WEIGHT
    25         IN THE BLOOD OF THE PERSON IS EQUAL TO OR GREATER THAN
    26         [0.10%] 0.08% AT THE TIME A CHEMICAL TEST IS PERFORMED ON
    27         A SAMPLE OF THE PERSON'S BREATH, BLOOD OR URINE; OR
    28             * * *
    29     (B)  PENALTY.--
    30         (1)  A VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL
    20030S0008B1078                 - 82 -     

     1     BE A SUMMARY OFFENSE IF THE AMOUNT OF ALCOHOL BY WEIGHT IN
     2     THE BLOOD OF THE INDIVIDUAL IS AT LEAST 0.08% BUT LESS THAN
     3     0.10%.
     4         (2)  A VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL
     5     BE A MISDEMEANOR OF THE THIRD DEGREE IF THE AMOUNT OF ALCOHOL
     6     BY WEIGHT IN THE BLOOD OF THE INDIVIDUAL IS AT LEAST 0.10%.
     7         (3)  IN ADDITION TO ANY PENALTY, THE VIOLATOR SHALL BE
     8     DENIED THE RIGHT TO HUNT OR TRAP IN THIS COMMONWEALTH, WITH
     9     OR WITHOUT A LICENSE, FOR A PERIOD OF ONE YEAR.
    10     * * *
    11  § 2502.  CHEMICAL TEST TO DETERMINE AMOUNT OF ALCOHOL.
    12     * * *
    13     (D)  PRESUMPTIONS FROM AMOUNT OF ALCOHOL.--IF CHEMICAL
    14  ANALYSIS OF A PERSON'S BREATH, BLOOD OR URINE SHOWS:
    15         * * *
    16         (2)  THAT THE AMOUNT OF ALCOHOL BY WEIGHT IN THE BLOOD OF
    17     THE PERSON TESTED IS IN EXCESS OF 0.05% BUT LESS THAN [0.10%]
    18     0.08%, THIS FACT SHALL NOT GIVE RISE TO ANY PRESUMPTION THAT
    19     THE PERSON TESTED WAS OR WAS NOT UNDER THE INFLUENCE OF
    20     ALCOHOL, BUT THIS FACT MAY BE CONSIDERED WITH OTHER COMPETENT
    21     EVIDENCE IN DETERMINING WHETHER THE PERSON WAS OR WAS NOT
    22     UNDER THE INFLUENCE OF ALCOHOL.
    23         (3)  THAT THE AMOUNT OF ALCOHOL BY WEIGHT IN THE BLOOD OF
    24     THE PERSON TESTED IS [0.10%] 0.08% OR MORE, IT SHALL BE
    25     PRESUMED THAT THE DEFENDANT WAS UNDER THE INFLUENCE OF
    26     ALCOHOL.
    27     * * *
    28     SECTION 5.  SECTIONS 933(A)(1)(II), 1515(A)(5), 1725.3(A),
    29  3571(B)(4) AND 3573(B)(3) OF TITLE 42 ARE AMENDED TO READ:
    30  § 933.  APPEALS FROM GOVERNMENT AGENCIES.
    20030S0008B1078                 - 83 -     

     1     (A)  GENERAL RULE.--EXCEPT AS OTHERWISE PRESCRIBED BY ANY
     2  GENERAL RULE ADOPTED PURSUANT TO SECTION 503 (RELATING TO
     3  REASSIGNMENT OF MATTERS), EACH COURT OF COMMON PLEAS SHALL HAVE
     4  JURISDICTION OF APPEALS FROM FINAL ORDERS OF GOVERNMENT AGENCIES
     5  IN THE FOLLOWING CASES:
     6         (1)  APPEALS FROM COMMONWEALTH AGENCIES IN THE FOLLOWING
     7     CASES:
     8             * * *
     9             (II)  DETERMINATIONS OF THE DEPARTMENT OF
    10         TRANSPORTATION APPEALABLE UNDER THE FOLLOWING PROVISIONS
    11         OF TITLE 75 (RELATING TO VEHICLES):
    12                 SECTION 1377 (RELATING TO JUDICIAL REVIEW).
    13                 SECTION 1550 (RELATING TO JUDICIAL REVIEW).
    14                 SECTION 4724(B) (RELATING TO JUDICIAL REVIEW).
    15                 SECTION 7303(B) (RELATING TO JUDICIAL REVIEW).
    16                 SECTION 7503(B) (RELATING TO JUDICIAL REVIEW).
    17         EXCEPT AS OTHERWISE PRESCRIBED BY GENERAL RULES, THE
    18         VENUE SHALL BE IN THE COUNTY OF THE PRINCIPAL PLACE OF
    19         BUSINESS OF ANY SALVOR OR MESSENGER SERVICE, THE LOCATION
    20         OF ANY INSPECTION STATION INVOLVED, THE COUNTY WHERE THE
    21         ARREST FOR A VIOLATION OF 75 PA.C.S. § [3731] 3802
    22         (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR
    23         CONTROLLED SUBSTANCE) WAS MADE IN APPEALS INVOLVING THE
    24         SUSPENSION OF OPERATING PRIVILEGES UNDER 75 PA.C.S. §
    25         1547 (RELATING TO CHEMICAL TESTING TO DETERMINE AMOUNT OF
    26         ALCOHOL OR CONTROLLED SUBSTANCE) OR THE RESIDENCE OF ANY
    27         INDIVIDUAL APPELLANT WHERE THE VENUE IS NOT OTHERWISE
    28         FIXED BY THIS SENTENCE. IN THE CASE OF A NONRESIDENT
    29         INDIVIDUAL VENUE, EXCEPT AS OTHERWISE PRESCRIBED BY
    30         GENERAL RULES, SHALL BE IN THE COUNTY IN WHICH THE
    20030S0008B1078                 - 84 -     

     1         OFFENSE GIVING RISE TO THE RECALL, CANCELLATION,
     2         SUSPENSION OR REVOCATION OF OPERATING PRIVILEGES
     3         OCCURRED.
     4             * * *
     5  § 1515.  JURISDICTION AND VENUE.
     6     (A)  JURISDICTION.--EXCEPT AS OTHERWISE PRESCRIBED BY GENERAL
     7  RULE ADOPTED PURSUANT TO SECTION 503 (RELATING TO REASSIGNMENT
     8  OF MATTERS), DISTRICT JUSTICES SHALL, UNDER PROCEDURES
     9  PRESCRIBED BY GENERAL RULE, HAVE JURISDICTION OF ALL OF THE
    10  FOLLOWING MATTERS:
    11         * * *
    12         (5)  OFFENSES UNDER 75 PA.C.S. § [3731] 3802 (RELATING TO
    13     DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE),
    14     IF THE FOLLOWING CRITERIA ARE MET:
    15             (I)  THE OFFENSE IS THE FIRST OFFENSE BY THE
    16         DEFENDANT UNDER SUCH PROVISION IN THIS COMMONWEALTH.
    17             (II)  NO PERSONAL INJURY (OTHER THAN TO THE DEFENDANT
    18         [OR THE IMMEDIATE FAMILY OF THE DEFENDANT]) RESULTED FROM
    19         THE OFFENSE.
    20             (III)  THE DEFENDANT PLEADS GUILTY.
    21             (IV)  NO PROPERTY DAMAGE IN EXCESS OF $500 OTHER THAN
    22         TO THE DEFENDANT'S PROPERTY RESULTED FROM THE VIOLATION.
    23             (V)  THE DEFENDANT IS NOT SUBJECT TO THE PROVISIONS
    24         OF CHAPTER 63 (RELATING TO JUVENILE MATTERS).
    25             (VI)  THE ARRESTING AUTHORITY SHALL CAUSE TO BE
    26         TRANSMITTED A COPY OF THE CHARGE OF ANY VIOLATION OF 75
    27         PA.C.S. § [3731] 3802 TO THE OFFICE OF THE CLERK OF THE
    28         COURT OF COMMON PLEAS WITHIN FIVE DAYS AFTER THE
    29         PRELIMINARY ARRAIGNMENT.
    30     IN DETERMINING THAT THE ABOVE CRITERIA ARE MET THE DISTRICT
    20030S0008B1078                 - 85 -     

     1     JUSTICE SHALL RELY ON THE CERTIFICATION OF THE ARRESTING
     2     AUTHORITY. CERTIFICATION THAT THE CRITERIA ARE MET NEED NOT
     3     BE IN WRITING. WITHIN TEN DAYS AFTER THE DISPOSITION, THE
     4     DISTRICT JUSTICE SHALL CERTIFY THE DISPOSITION TO THE OFFICE
     5     OF THE CLERK OF THE COURT OF COMMON PLEAS IN WRITING.
     6         * * *
     7  § 1725.3.  CRIMINAL LABORATORY USER FEE.
     8     (A)  IMPOSITION.--A PERSON WHO IS PLACED ON PROBATION WITHOUT
     9  VERDICT PURSUANT TO SECTION 17 OF THE ACT OF APRIL 14, 1972
    10  (P.L.233, NO.64), KNOWN AS THE CONTROLLED SUBSTANCE, DRUG,
    11  DEVICE AND COSMETIC ACT, OR WHO RECEIVES ACCELERATED
    12  REHABILITATIVE DISPOSITION OR WHO PLEADS GUILTY TO OR NOLO
    13  CONTENDERE TO OR WHO IS CONVICTED OF A CRIME AS DEFINED IN 18
    14  PA.C.S. § 106 (RELATING TO CLASSES OF OFFENSES) OR 75 PA.C.S. §
    15  [3731] 3802 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR
    16  CONTROLLED SUBSTANCE) OR 3735 (RELATING TO HOMICIDE BY VEHICLE
    17  WHILE DRIVING UNDER INFLUENCE) OR A VIOLATION OF THE CONTROLLED
    18  SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT SHALL, IN ADDITION TO
    19  ANY FINES, PENALTIES OR COSTS, IN EVERY CASE WHERE LABORATORY
    20  SERVICES WERE REQUIRED TO PROSECUTE THE CRIME OR VIOLATION, BE
    21  SENTENCED TO PAY A CRIMINAL LABORATORY USER FEE WHICH SHALL
    22  INCLUDE, BUT NOT BE LIMITED TO, THE COST OF SENDING A LABORATORY
    23  TECHNICIAN TO COURT PROCEEDINGS.
    24     * * *
    25  § 3571.  COMMONWEALTH PORTION OF FINES, ETC.
    26     * * *
    27     (B)  VEHICLE OFFENSES.--
    28         * * *
    29         (4)  WHEN PROSECUTION UNDER 75 PA.C.S. § [3731] 3802
    30     (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED
    20030S0008B1078                 - 86 -     

     1     SUBSTANCE) IS THE RESULT OF STATE POLICE ACTION, 50% OF ALL
     2     FINES, FORFEITED RECOGNIZANCES AND OTHER FORFEITURES IMPOSED,
     3     LOST OR FORFEITED SHALL BE PAYABLE TO THE COMMONWEALTH, FOR
     4     CREDIT TO THE MOTOR LICENSE FUND, AND 50% SHALL BE PAYABLE TO
     5     THE COUNTY WHICH SHALL BE FURTHER DIVIDED AS FOLLOWS:
     6             (I)  FIFTY PERCENT OF THE MONEYS RECEIVED SHALL BE
     7         ALLOCATED TO THE APPROPRIATE COUNTY AUTHORITY WHICH
     8         IMPLEMENTS THE COUNTY DRUG AND ALCOHOL PROGRAM TO BE USED
     9         SOLELY FOR THE PURPOSES OF AIDING PROGRAMS PROMOTING DRUG
    10         ABUSE AND ALCOHOLISM PREVENTION, EDUCATION, TREATMENT AND
    11         RESEARCH. PROGRAMS UNDER THIS SUBPARAGRAPH INCLUDE
    12         PROJECT DARE (DRUG AND ALCOHOL RESISTANCE EDUCATION) AND
    13         MOTHERS AGAINST DRUNK DRIVING VICTIM IMPACT PANELS.
    14             (II)  FIFTY PERCENT OF THE MONEYS RECEIVED SHALL BE
    15         USED FOR EXPENDITURES INCURRED FOR COUNTY JAILS, PRISONS,
    16         WORKHOUSES AND DETENTION CENTERS.
    17     * * *
    18  § 3573.  MUNICIPAL CORPORATION PORTION OF FINES, ETC.
    19     * * *
    20     (B)  VEHICLE OFFENSES.--
    21         * * *
    22         (3)  WHEN PROSECUTION UNDER 75 PA.C.S. § [3731] 3802
    23     (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED
    24     SUBSTANCE) IS THE RESULT OF LOCAL POLICE ACTION, 50% OF ALL
    25     FINES, FORFEITED RECOGNIZANCES AND OTHER FORFEITURES IMPOSED,
    26     LOST OR FORFEITED SHALL BE PAYABLE TO THE MUNICIPAL
    27     CORPORATION UNDER WHICH THE LOCAL POLICE ARE ORGANIZED, AND
    28     50% SHALL BE PAYABLE TO THE COUNTY WHICH SHALL BE FURTHER
    29     DIVIDED AS FOLLOWS:
    30             (I)  FIFTY PERCENT OF THE MONEYS RECEIVED SHALL BE
    20030S0008B1078                 - 87 -     

     1         ALLOCATED TO THE APPROPRIATE COUNTY AUTHORITY WHICH
     2         IMPLEMENTS THE COUNTY DRUG AND ALCOHOL PROGRAM TO BE USED
     3         SOLELY FOR THE PURPOSES OF AIDING PROGRAMS PROMOTING DRUG
     4         ABUSE AND ALCOHOLISM PREVENTION, EDUCATION, TREATMENT AND
     5         RESEARCH. PROGRAMS UNDER THIS SUBPARAGRAPH INCLUDE
     6         PROJECT DARE (DRUG AND ALCOHOL RESISTANCE EDUCATION) AND
     7         MOTHERS AGAINST DRUNK DRIVING VICTIM IMPACT PANELS.
     8             (II)  FIFTY PERCENT OF THE MONEYS RECEIVED SHALL BE
     9         USED FOR EXPENDITURES INCURRED FOR COUNTY JAILS, PRISONS,
    10         WORKHOUSES AND DETENTION CENTERS.
    11     * * *
    12     SECTION 6.  CHAPTER 70 OF TITLE 42 IS REPEALED.
    13     SECTION 7.  SECTION 9763(C) OF TITLE 42 IS AMENDED TO READ:
    14  § 9763.  SENTENCE OF INTERMEDIATE PUNISHMENT.
    15     * * *
    16     (C)  RESTRICTION.--
    17         (1)  A DEFENDANT [CONVICTED UNDER] SUBJECT TO 75 PA.C.S.
    18     § [3731(E) (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR
    19     CONTROLLED SUBSTANCE)] 3804 (RELATING TO PENALTIES) MAY ONLY
    20     BE SENTENCED TO INTERMEDIATE PUNISHMENT:
    21         [(1)  IN A RESIDENTIAL INPATIENT PROGRAM OR IN A
    22     RESIDENTIAL REHABILITATIVE CENTER; OR
    23         (2)  BY HOUSE ARREST OR ELECTRONIC SURVEILLANCE COMBINED
    24     WITH DRUG AND ALCOHOL TREATMENT.]
    25             (I)  FOR A FIRST, SECOND OR THIRD OFFENSE UNDER 75
    26         PA.C.S CH. 38 (RELATING TO DRIVING WHILE IMPAIRED); AND
    27             (II)  AFTER UNDERGOING AN ASSESSMENT UNDER 75 PA.C.S.
    28         § 3814 (RELATING TO DRUG AND ALCOHOL ASSESSMENTS).
    29         (2)  IF THE DEFENDANT IS DETERMINED TO BE IN NEED OF DRUG
    30     AND ALCOHOL TREATMENT, THE DEFENDANT MAY ONLY BE SENTENCED TO
    20030S0008B1078                 - 88 -     

     1     INTERMEDIATE PUNISHMENT WHICH INCLUDES PARTICIPATION IN DRUG
     2     AND ALCOHOL TREATMENT UNDER 75 PA.C.S. § 3815(C) (RELATING TO
     3     MANDATORY SENTENCING). SUCH TREATMENT MAY BE COMBINED WITH
     4     HOUSE ARREST WITH ELECTRONIC SURVEILLANCE OR A PARTIAL
     5     CONFINEMENT PROGRAM, SUCH AS WORK RELEASE, A WORK CAMP OR A
     6     HALFWAY FACILITY.
     7         (3)  IF THE DEFENDANT IS DETERMINED NOT TO BE IN NEED OF
     8     DRUG AND ALCOHOL TREATMENT, THE DEFENDANT MAY ONLY BE
     9     SENTENCED TO INTERMEDIATE PUNISHMENT:
    10             (I)  BY HOUSE ARREST OR ELECTRONIC SURVEILLANCE;
    11             (II)  PARTIAL CONFINEMENT PROGRAMS, SUCH AS WORK
    12         RELEASE, WORK CAMPS AND HALFWAY FACILITIES; OR
    13             (III)  ANY COMBINATION OF THE PROGRAMS SET FORTH IN
    14         THIS SUBSECTION.
    15     * * *
    16     SECTION 8.  SECTION 9804(B)(3) OF TITLE 42 IS AMENDED AND THE
    17  SUBSECTION IS AMENDED BY ADDING PARAGRAPHS TO READ:
    18  § 9804.  COUNTY INTERMEDIATE PUNISHMENT PROGRAMS.
    19     * * *
    20     (B)  ELIGIBILITY.--
    21         * * *
    22         [(3)  ANY PERSON RECEIVING A PENALTY IMPOSED PURSUANT TO
    23     75 PA.C.S. § 1543(B) (RELATING TO DRIVING WHILE OPERATING
    24     PRIVILEGE IS SUSPENDED OR REVOKED) OR 3731(E) (RELATING TO
    25     DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE)
    26     MAY ONLY BE SENTENCED TO INTERMEDIATE PUNISHMENT PROGRAM IN:
    27             (I)  A RESIDENTIAL INPATIENT PROGRAM OR A RESIDENTIAL
    28         REHABILITATIVE CENTER;
    29             (II)  HOUSE ARREST AND ELECTRONIC SURVEILLANCE
    30         COMBINED WITH DRUG AND ALCOHOL TREATMENT; OR
    20030S0008B1078                 - 89 -     

     1             (III)  PARTIAL CONFINEMENT PROGRAMS, SUCH AS WORK
     2         RELEASE, WORK CAMPS AND HALFWAY FACILITIES, COMBINED WITH
     3         DRUG AND ALCOHOL TREATMENT.]
     4         (4)  (I)  ANY PERSON RECEIVING A PENALTY IMPOSED PURSUANT
     5         TO 75 PA.C.S. § 1543(B) (RELATING TO DRIVING WHILE
     6         OPERATING PRIVILEGE IS SUSPENDED OR REVOKED) OR 3804
     7         (RELATING TO PENALTIES) SHALL UNDERGO AN ASSESSMENT UNDER
     8         75 PA.C.S. § 3814 (RELATING TO DRUG AND ALCOHOL
     9         ASSESSMENTS).
    10             (II)  IF THE DEFENDANT IS DETERMINED TO BE IN NEED OF
    11         DRUG AND ALCOHOL TREATMENT, A SENTENCE TO INTERMEDIATE
    12         PUNISHMENT SHALL INCLUDE PARTICIPATION IN DRUG AND
    13         ALCOHOL TREATMENT UNDER 75 PA.C.S. § 3815(C) (RELATING TO
    14         MANDATORY SENTENCING). SUCH TREATMENT MAY BE COMBINED
    15         WITH HOUSE ARREST WITH ELECTRONIC SURVEILLANCE OR A
    16         PARTIAL CONFINEMENT PROGRAM, SUCH AS WORK RELEASE, A WORK
    17         CAMP OR A HALFWAY FACILITY.
    18             (III)  IF THE DEFENDANT IS DETERMINED NOT TO BE IN
    19         NEED OF DRUG AND ALCOHOL TREATMENT, THE DEFENDANT MAY
    20         ONLY BE SENTENCED TO INTERMEDIATE PUNISHMENT PROGRAM IN:
    21                 (A)  HOUSE ARREST AND ELECTRONIC SURVEILLANCE;
    22                 (B)  PARTIAL CONFINEMENT PROGRAMS, SUCH AS WORK
    23             RELEASE, WORK CAMPS AND HALFWAY FACILITIES; OR
    24                 (C)  ANY COMBINATION OF THE PROGRAMS SET FORTH IN
    25             THIS PARAGRAPH.
    26         (5)  A DEFENDANT SUBJECT TO 75 PA.C.S § 3804 (RELATING TO
    27     PENALTIES) MAY ONLY BE SENTENCED TO INTERMEDIATE PUNISHMENT
    28     FOR A FIRST, SECOND OR THIRD OFFENSE UNDER 75 PA.C.S. CH. 38
    29     (RELATING TO DRIVING WHILE IMPAIRED).
    30     SECTION 9.  SECTIONS 1516(C) AND (D) AND 1532(B)(3) OF TITLE
    20030S0008B1078                 - 90 -     

     1  75 ARE AMENDED TO READ:
     2  § 1516.  DEPARTMENT RECORDS.
     3     * * *
     4     (C)  DISMISSAL OF CHARGES FOR VIOLATIONS.--IF A CHARGE FOR
     5  VIOLATION OF ANY OF THE PROVISIONS OF THIS TITLE AGAINST ANY
     6  PERSON IS DISMISSED WHERE THERE HAVE BEEN NO PRIOR CONVICTIONS
     7  BY ANY COURT OF COMPETENT JURISDICTION, NO RECORD OF THE CHARGE
     8  AND DISMISSAL SHALL BE INCLUDED IN THE DRIVING RECORD OF THE
     9  PERSON. IF THE PERSON HAS BEEN PREVIOUSLY CONVICTED OF THE
    10  CHARGE AND SUSPENSION WAS IMPOSED BY THE DEPARTMENT, WHICH
    11  SUSPENSION WAS EITHER PARTIALLY OR FULLY SERVED, THE DEPARTMENT
    12  MAY KEEP A RECORD OF THE OFFENSE FOR THE PURPOSE OF SHOWING THE
    13  SUSPENSION WAS IMPOSED AGAINST THE PERSON[.], BUT THE OFFENSE
    14  SHALL NOT BE USED FOR THE PURPOSE OF CALCULATING THE REQUISITE
    15  NUMBER OF OFFENSES UNDER SECTION 1542 (RELATING TO REVOCATION OF
    16  HABITUAL OFFENDER'S LICENSE). IN ADDITION, THE DEPARTMENT MAY
    17  KEEP RECORDS OF CHARGES THAT HAVE BEEN FILED WITH THE COURTS IN
    18  ORDER TO DETERMINE A PERSON'S ELIGIBILITY FOR A PROBATIONARY
    19  LICENSE UNDER THE PROVISIONS OF SECTION 1554(B)(3) (RELATING TO
    20  PROBATIONARY LICENSE). ALL RECORDS MAINTAINED PURSUANT TO THIS
    21  SUBSECTION SHALL BE MAINTAINED FOR ADMINISTRATIVE AND LAW
    22  ENFORCEMENT USE ONLY AND SHALL NOT BE RELEASED FOR ANY OTHER
    23  PURPOSE.
    24     (D)  UPDATING DRIVING RECORD.--DRIVERS WISHING TO HAVE THEIR
    25  RECORD REVIEWED BY THE DEPARTMENT MAY MAKE SUCH A REQUEST IN
    26  ORDER THAT THE RECORD BE BROUGHT UP TO DATE. IN UPDATING
    27  RECORDS, THE DEPARTMENT SHALL INCLUDE RECALCULATION OF
    28  SUSPENSION OR REVOCATION SEGMENTS AND THE ASSIGNMENT AND
    29  CREDITING OF ANY SUSPENSION OR REVOCATION TIME PREVIOUSLY
    30  ASSIGNED OR CREDITED TOWARD A SUSPENSION OR REVOCATION WHICH
    20030S0008B1078                 - 91 -     

     1  RESULTED FROM A CONVICTION WHICH HAS BEEN VACATED, OVERTURNED,
     2  DISMISSED OR WITHDRAWN. ANY FULLY OR PARTIALLY SERVED SUSPENSION
     3  OR REVOCATION TIME MAY ONLY BE REASSIGNED OR CREDITED TOWARD A
     4  SUSPENSION OR REVOCATION SEGMENT PROCESSED ON THE DRIVER'S
     5  RECORD AS OF THE ACTUAL COMMENCEMENT DATE OF THE FULLY OR
     6  PARTIALLY SERVED SUSPENSION OR REVOCATION TIME.
     7  § 1532.  SUSPENSION OF OPERATING PRIVILEGE.
     8     * * *
     9     (B)  SUSPENSION.--
    10         * * *
    11         (3)  THE DEPARTMENT SHALL SUSPEND THE OPERATING PRIVILEGE
    12     OF ANY DRIVER FOR 12 MONTHS UPON RECEIVING A CERTIFIED RECORD
    13     OF THE DRIVER'S CONVICTION OF SECTION [3731 (RELATING TO
    14     DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE)
    15     OR] 3733 (RELATING TO FLEEING OR ATTEMPTING TO ELUDE POLICE
    16     OFFICER)[,] OR A SUBSTANTIALLY SIMILAR [OFFENSES] OFFENSE
    17     REPORTED TO THE DEPARTMENT UNDER ARTICLE III OF SECTION 1581
    18     (RELATING TO DRIVER'S LICENSE COMPACT), OR AN ADJUDICATION OF
    19     DELINQUENCY BASED ON SECTION [3731 OR] 3733. THE DEPARTMENT
    20     SHALL SUSPEND THE OPERATING PRIVILEGE OF ANY DRIVER FOR SIX
    21     MONTHS UPON RECEIVING A CERTIFIED RECORD OF A CONSENT DECREE
    22     GRANTED UNDER 42 PA.C.S. CH. 63 (RELATING TO JUVENILE
    23     MATTERS) BASED ON SECTION [3731 OR] 3733.
    24         * * *
    25     SECTION 10.  SECTION 1534(B) OF TITLE 75 IS AMENDED AND THE
    26  SECTION IS AMENDED BY ADDING SUBSECTIONS TO READ:
    27  § 1534.  NOTICE OF ACCEPTANCE OF ACCELERATED REHABILITATIVE
    28             DISPOSITION.
    29     * * *
    30     (B)  EXCEPTION.--IF A PERSON IS ARRESTED FOR ANY OFFENSE
    20030S0008B1078                 - 92 -     

     1  ENUMERATED IN SECTION [3731] 3802 (RELATING TO DRIVING UNDER
     2  INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE) AND IS OFFERED AND
     3  ACCEPTS ACCELERATED REHABILITATIVE DISPOSITION UNDER GENERAL
     4  RULES, THE COURT SHALL PROMPTLY NOTIFY THE DEPARTMENT. THE
     5  DEPARTMENT SHALL MAINTAIN A RECORD OF THE ACCEPTANCE OF
     6  ACCELERATED REHABILITATIVE DISPOSITION FOR A PERIOD OF [SEVEN]
     7  TEN YEARS FROM THE DATE OF NOTIFICATION. THIS RECORD SHALL NOT
     8  BE EXPUNGED [BY ORDER OF COURT.] PRIOR TO THE EXPIRATION OF THE
     9  TEN-YEAR PERIOD.
    10     (C)  EXPUNGEMENT.--IMMEDIATELY FOLLOWING THE EXPIRATION OF
    11  THE TEN-YEAR PERIOD, THE DEPARTMENT SHALL EXPUNGE THE RECORD OF
    12  THE ACCEPTANCE OF ACCELERATED REHABILITATIVE DISPOSITION. THE
    13  DEPARTMENT SHALL NOT REQUIRE AN ORDER OF COURT TO EXPUNGE THE
    14  RECORD.
    15     (D)  EXCEPTIONS TO EXPUNGEMENT.--THE DEPARTMENT SHALL NOT BE
    16  REQUIRED TO EXPUNGE THE RECORD OF ACCEPTANCE OF ACCELERATED
    17  REHABILITATIVE DISPOSITION IF:
    18         (1)  DURING THE TEN-YEAR PERIOD, THE DEPARTMENT REVOKES
    19     THE OPERATING PRIVILEGES OF A PERSON PURSUANT TO SECTION 1542
    20     (RELATING TO REVOCATION OF HABITUAL OFFENDER'S LICENSE); OR
    21         (2)  THE PERSON WAS A COMMERCIAL DRIVER AT THE TIME OF
    22     THE VIOLATION CAUSING THE DISPOSITION.
    23     SECTION 11.  SECTIONS 1541(A.1) AND (D), 1542(B), 1543(B) AND
    24  1547(B)(1), (C), (D), (E) AND (I) OF TITLE 75 ARE AMENDED TO
    25  READ:
    26  § 1541.  PERIOD OF DISQUALIFICATION, REVOCATION OR SUSPENSION OF
    27             OPERATING PRIVILEGE.
    28     * * *
    29     (A.1)  CREDIT TOWARD SERVING PERIOD OF SUSPENSION FOR CERTAIN
    30  VIOLATIONS.--CREDIT TOWARD SERVING THE PERIOD OF SUSPENSION OR
    20030S0008B1078                 - 93 -     

     1  REVOCATION IMPOSED FOR SECTIONS [3731 (RELATING TO DRIVING UNDER
     2  INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE),] 3732 (RELATING
     3  TO HOMICIDE BY VEHICLE), 3735 (RELATING TO HOMICIDE BY VEHICLE
     4  WHILE DRIVING UNDER THE INFLUENCE) [AND], 3735.1 (RELATING TO
     5  AGGRAVATED ASSAULT BY VEHICLE WHILE DRIVING UNDER THE INFLUENCE)
     6  AND 3802 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR
     7  CONTROLLED SUBSTANCE) SHALL NOT COMMENCE UNTIL THE DATE OF THE
     8  PERSON'S RELEASE FROM PRISON.
     9     * * *
    10     (D)  CONTINUED SUSPENSION OF OPERATING PRIVILEGE.--A
    11  DEFENDANT ORDERED BY THE COURT UNDER SECTION [1548] 3816
    12  (RELATING TO REQUIREMENTS FOR DRIVING UNDER INFLUENCE
    13  OFFENDERS), AS THE RESULT OF A CONVICTION OR ACCELERATED
    14  REHABILITATIVE DISPOSITION OF A VIOLATION OF SECTION [3731
    15  (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED
    16  SUBSTANCE)] 3802, TO ATTEND A TREATMENT PROGRAM FOR ALCOHOL OR
    17  DRUG ADDICTION MUST SUCCESSFULLY COMPLETE ALL REQUIREMENTS OF
    18  THE TREATMENT PROGRAM ORDERED BY THE COURT BEFORE THE
    19  DEFENDANT'S OPERATING PRIVILEGE MAY BE RESTORED. SUCCESSFUL
    20  COMPLETION OF A TREATMENT PROGRAM INCLUDES THE PAYMENT OF ALL
    21  COURT-IMPOSED FINES AND COSTS, AS WELL AS FEES TO BE PAID TO THE
    22  TREATMENT PROGRAM BY THE DEFENDANT. IF A DEFENDANT FAILS TO
    23  SUCCESSFULLY COMPLETE THE REQUIREMENTS OF A TREATMENT PROGRAM,
    24  THE SUSPENSION SHALL REMAIN IN EFFECT UNTIL THE DEFENDANT
    25  COMPLETES THE PROGRAM AND IS OTHERWISE ELIGIBLE FOR RESTORATION
    26  OF HIS OPERATING PRIVILEGE. THE TREATMENT AGENCY SHALL
    27  IMMEDIATELY NOTIFY THE COURT OF SUCCESSFUL COMPLETION OF THE
    28  TREATMENT PROGRAM. THE FINAL DECISION AS TO WHETHER A DEFENDANT
    29  HAS SUCCESSFULLY COMPLETED THE TREATMENT PROGRAM RESTS WITH THE
    30  COURT.
    20030S0008B1078                 - 94 -     

     1  § 1542.  REVOCATION OF HABITUAL OFFENDER'S LICENSE.
     2     * * *
     3     (B)  OFFENSES ENUMERATED.--THREE CONVICTIONS ARISING FROM
     4  SEPARATE ACTS OF ANY ONE OR MORE OF THE FOLLOWING OFFENSES
     5  COMMITTED BY ANY PERSON SHALL RESULT IN SUCH PERSON BEING
     6  DESIGNATED AS A HABITUAL OFFENDER:
     7         (1)  ANY VIOLATION OF SUBCHAPTER B OF CHAPTER 37
     8     (RELATING TO SERIOUS TRAFFIC OFFENSES).
     9         (1.1)  ANY VIOLATION OF CHAPTER 38 (RELATING TO DRIVING
    10     WHILE IMPAIRED).
    11         (2)  ANY VIOLATION OF SECTION 3367 (RELATING TO RACING ON
    12     HIGHWAYS).
    13         (3)  ANY VIOLATION OF SECTION 3742 (RELATING TO ACCIDENTS
    14     INVOLVING DEATH OR PERSONAL INJURY).
    15         (3.1)  ANY VIOLATION OF SECTION 3742.1 (RELATING TO
    16     ACCIDENTS INVOLVING DEATH OR PERSONAL INJURY WHILE NOT
    17     PROPERLY LICENSED).
    18         (4)  ANY VIOLATION OF SECTION 3743 (RELATING TO ACCIDENTS
    19     INVOLVING DAMAGE TO ATTENDED VEHICLE OR PROPERTY).
    20     * * *
    21  § 1543.  DRIVING WHILE OPERATING PRIVILEGE IS SUSPENDED OR
    22             REVOKED.
    23     * * *
    24     (B)  CERTAIN OFFENSES.--
    25         (1)  A PERSON WHO DRIVES A MOTOR VEHICLE ON A HIGHWAY OR
    26     TRAFFICWAY OF THIS COMMONWEALTH AT A TIME WHEN THE PERSON'S
    27     OPERATING PRIVILEGE IS SUSPENDED OR REVOKED AS A CONDITION OF
    28     ACCEPTANCE OF ACCELERATED REHABILITATIVE DISPOSITION FOR A
    29     VIOLATION OF SECTION [3731] 3802 (RELATING TO DRIVING UNDER
    30     INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE) OR BECAUSE OF A
    20030S0008B1078                 - 95 -     

     1     VIOLATION OF SECTION 1547(B)(1) (RELATING TO SUSPENSION FOR
     2     REFUSAL) OR [3731] 3802 OR IS SUSPENDED UNDER SECTION 1581
     3     (RELATING TO DRIVER'S LICENSE COMPACT) FOR AN OFFENSE
     4     SUBSTANTIALLY SIMILAR TO A VIOLATION OF SECTION [3731] 3802
     5     SHALL, UPON CONVICTION, BE GUILTY OF A SUMMARY OFFENSE AND
     6     SHALL BE SENTENCED TO PAY A FINE OF [$1,000] $500 AND TO
     7     UNDERGO IMPRISONMENT FOR A PERIOD OF NOT LESS THAN [90] 60
     8     DAYS.
     9         (1.1)  (I)  A PERSON WHO HAS AN AMOUNT OF ALCOHOL BY
    10         WEIGHT IN HIS BLOOD THAT IS EQUAL TO OR GREATER THAN .02%
    11         OR [IS UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE AS
    12         DEFINED IN SECTION 1603 (RELATING TO DEFINITIONS)] WHO
    13         HAS ANY AMOUNT OF A SCHEDULE I, II OR III CONTROLLED
    14         SUBSTANCE, AS DEFINED IN THE ACT OF APRIL 14, 1972
    15         (P.L.233, NO.64), KNOWN AS THE CONTROLLED SUBSTANCE,
    16         DRUG, DEVICE AND COSMETIC ACT, OR ITS METABOLITE, WHICH
    17         HAS NOT BEEN MEDICALLY PRESCRIBED FOR THE INDIVIDUAL AND
    18         WHO DRIVES A MOTOR VEHICLE ON ANY HIGHWAY OR TRAFFICWAY
    19         OF THIS COMMONWEALTH AT A TIME WHEN THE PERSON'S
    20         OPERATING PRIVILEGE IS SUSPENDED OR REVOKED AS A
    21         CONDITION OF ACCEPTANCE OF ACCELERATED REHABILITATIVE
    22         DISPOSITION FOR A VIOLATION OF SECTION [3731] 3802 OR
    23         BECAUSE OF A VIOLATION OF SECTION 1547(B)(1) OR [3731]
    24         3802 OR IS SUSPENDED UNDER SECTION 1581 FOR AN OFFENSE
    25         SUBSTANTIALLY SIMILAR TO A VIOLATION OF SECTION [3731]
    26         3802 SHALL, UPON A FIRST CONVICTION, BE GUILTY OF A
    27         SUMMARY OFFENSE AND SHALL BE SENTENCED TO PAY A FINE OF
    28         $1,000 AND TO UNDERGO IMPRISONMENT FOR A PERIOD OF NOT
    29         LESS THAN 90 DAYS.
    30             (II)  A SECOND VIOLATION OF THIS PARAGRAPH SHALL
    20030S0008B1078                 - 96 -     

     1         CONSTITUTE A MISDEMEANOR OF THE THIRD DEGREE, AND UPON
     2         CONVICTION THEREOF THE PERSON SHALL BE SENTENCED TO PAY A
     3         FINE OF $2,500 AND TO UNDERGO IMPRISONMENT FOR NOT LESS
     4         THAN SIX MONTHS.
     5             (III)  A THIRD OR SUBSEQUENT VIOLATION OF THIS
     6         PARAGRAPH SHALL CONSTITUTE A MISDEMEANOR OF THE FIRST
     7         DEGREE, AND UPON CONVICTION THEREOF THE PERSON SHALL BE
     8         SENTENCED TO PAY A FINE OF $5,000 AND TO UNDERGO
     9         IMPRISONMENT FOR NOT LESS THAN TWO YEARS.
    10         (2)  THIS SUBSECTION SHALL APPLY TO ANY PERSON AGAINST
    11     WHOM ONE OF THESE SUSPENSIONS HAS BEEN IMPOSED WHETHER THE
    12     PERSON IS CURRENTLY SERVING THIS SUSPENSION OR WHETHER THE
    13     EFFECTIVE DATE OF SUSPENSION HAS BEEN DEFERRED UNDER ANY OF
    14     THE PROVISIONS OF SECTION 1544 (RELATING TO ADDITIONAL PERIOD
    15     OF REVOCATION OR SUSPENSION). THIS PROVISION SHALL ALSO APPLY
    16     UNTIL THE PERSON HAS HAD THE OPERATING PRIVILEGE RESTORED.
    17     THIS SUBSECTION SHALL ALSO APPLY TO ANY REVOCATION IMPOSED
    18     PURSUANT TO SECTION 1542 (RELATING TO REVOCATION OF HABITUAL
    19     OFFENDER'S LICENSE) IF ANY OF THE ENUMERATED OFFENSES WAS FOR
    20     A VIOLATION OF SECTION [3731] 3802 OR FOR AN OUT-OF-STATE
    21     OFFENSE THAT IS SUBSTANTIALLY SIMILAR TO A VIOLATION OF
    22     SECTION [3731] 3802 FOR WHICH A REVOCATION IS IMPOSED UNDER
    23     SECTION 1581.
    24     * * *
    25  § 1547.  CHEMICAL TESTING TO DETERMINE AMOUNT OF ALCOHOL OR
    26             CONTROLLED SUBSTANCE.
    27     * * *
    28     (B)  SUSPENSION FOR REFUSAL.--
    29         (1)  IF ANY PERSON PLACED UNDER ARREST FOR A VIOLATION OF
    30     SECTION [3731] 3802 (RELATING TO DRIVING UNDER INFLUENCE OF
    20030S0008B1078                 - 97 -     

     1     ALCOHOL OR CONTROLLED SUBSTANCE) IS REQUESTED TO SUBMIT TO
     2     CHEMICAL TESTING AND REFUSES TO DO SO, THE TESTING SHALL NOT
     3     BE CONDUCTED BUT UPON NOTICE BY THE POLICE OFFICER, THE
     4     DEPARTMENT SHALL SUSPEND THE OPERATING PRIVILEGE OF THE
     5     PERSON [FOR A PERIOD OF 12 MONTHS.] AS FOLLOWS:
     6             (I)  EXCEPT AS SET FORTH IN SUBPARAGRAPH (II), FOR A
     7         PERIOD OF 12 MONTHS.
     8             (II)  FOR A PERIOD OF 24 MONTHS IF ANY OF THE
     9         FOLLOWING APPLY:
    10                 (A)  THE PERSON'S OPERATING PRIVILEGES HAVE
    11             PREVIOUSLY BEEN SUSPENDED UNDER THIS SUBSECTION.
    12                 (B)  THE PERSON HAS, PRIOR TO THE REFUSAL UNDER
    13             THIS PARAGRAPH, BEEN SENTENCED FOR:
    14                     (I)  AN OFFENSE UNDER FORMER SECTION 3731;
    15                     (II)  AN OFFENSE UNDER SECTION 3802 (RELATING
    16                 TO DRIVING UNDER INFLUENCE OF ALCOHOL OR
    17                 CONTROLLED SUBSTANCE);
    18                     (III)  AN OFFENSE EQUIVALENT TO AN OFFENSE
    19                 UNDER SUBCLAUSE (I) OR (II); OR
    20                     (IV)  A COMBINATION OF THE OFFENSES SET FORTH
    21                 IN THIS CLAUSE.
    22         * * *
    23     (C)  TEST RESULTS ADMISSIBLE IN EVIDENCE.--IN ANY SUMMARY
    24  PROCEEDING OR CRIMINAL PROCEEDING IN WHICH THE DEFENDANT IS
    25  CHARGED WITH A VIOLATION OF SECTION [3731] 3802 OR ANY OTHER
    26  VIOLATION OF THIS TITLE ARISING OUT OF THE SAME ACTION, THE
    27  AMOUNT OF ALCOHOL OR CONTROLLED SUBSTANCE IN THE DEFENDANT'S
    28  BLOOD, AS SHOWN BY CHEMICAL TESTING OF THE PERSON'S BREATH,
    29  BLOOD OR URINE, WHICH TESTS WERE CONDUCTED BY QUALIFIED PERSONS
    30  USING APPROVED EQUIPMENT, SHALL BE ADMISSIBLE IN EVIDENCE.
    20030S0008B1078                 - 98 -     

     1         (1)  CHEMICAL TESTS OF BREATH SHALL BE PERFORMED ON
     2     DEVICES APPROVED BY THE DEPARTMENT OF HEALTH USING PROCEDURES
     3     PRESCRIBED JOINTLY BY REGULATIONS OF THE DEPARTMENTS OF
     4     HEALTH AND TRANSPORTATION. DEVICES SHALL HAVE BEEN CALIBRATED
     5     AND TESTED FOR ACCURACY WITHIN A PERIOD OF TIME AND IN A
     6     MANNER SPECIFIED BY REGULATIONS OF THE DEPARTMENTS OF HEALTH
     7     AND TRANSPORTATION. FOR PURPOSES OF BREATH TESTING, A
     8     QUALIFIED PERSON MEANS A PERSON WHO HAS FULFILLED THE
     9     TRAINING REQUIREMENT IN THE USE OF THE EQUIPMENT IN A
    10     TRAINING PROGRAM APPROVED BY THE DEPARTMENTS OF HEALTH AND
    11     TRANSPORTATION. A CERTIFICATE OR LOG SHOWING THAT A DEVICE
    12     WAS CALIBRATED AND TESTED FOR ACCURACY AND THAT THE DEVICE
    13     WAS ACCURATE SHALL BE PRESUMPTIVE EVIDENCE OF THOSE FACTS IN
    14     EVERY PROCEEDING IN WHICH A VIOLATION OF THIS TITLE IS
    15     CHARGED.
    16         (2)  CHEMICAL TESTS OF BLOOD OR URINE, IF CONDUCTED BY A
    17     FACILITY LOCATED IN THIS COMMONWEALTH, SHALL BE PERFORMED BY
    18     A CLINICAL LABORATORY LICENSED AND APPROVED BY THE DEPARTMENT
    19     OF HEALTH FOR THIS PURPOSE USING PROCEDURES AND EQUIPMENT
    20     PRESCRIBED BY THE DEPARTMENT OF HEALTH OR BY A PENNSYLVANIA
    21     STATE POLICE CRIMINAL LABORATORY. FOR PURPOSES OF BLOOD AND
    22     URINE TESTING, QUALIFIED PERSON MEANS AN INDIVIDUAL WHO IS
    23     AUTHORIZED TO PERFORM THOSE CHEMICAL TESTS UNDER THE ACT OF
    24     SEPTEMBER 26, 1951 (P.L.1539, NO.389), KNOWN AS THE CLINICAL
    25     LABORATORY ACT.
    26         (3)  CHEMICAL TESTS OF BLOOD OR URINE, IF CONDUCTED BY A
    27     FACILITY LOCATED OUTSIDE THIS COMMONWEALTH, SHALL BE
    28     PERFORMED:
    29             (I)  BY A FACILITY LICENSED BY THE DEPARTMENT OF
    30         HEALTH; OR
    20030S0008B1078                 - 99 -     

     1             (II)  BY A FACILITY LICENSED TO CONDUCT THE TESTS BY
     2         THE STATE IN WHICH THE FACILITY IS LOCATED AND LICENSED
     3         PURSUANT TO THE CLINICAL LABORATORY IMPROVEMENT
     4         AMENDMENTS OF 1988 (PUBLIC LAW 100-578, 102 STAT. 2903).
     5     [(D)  PRESUMPTIONS FROM AMOUNT OF ALCOHOL.--IF CHEMICAL
     6  TESTING OF A PERSON'S BREATH, BLOOD OR URINE SHOWS:
     7         (1)  THAT THE AMOUNT OF ALCOHOL BY WEIGHT IN THE BLOOD OF
     8     AN ADULT IS 0.05% OR LESS, IT SHALL BE PRESUMED THAT THE
     9     ADULT WAS NOT UNDER THE INFLUENCE OF ALCOHOL AND THE ADULT
    10     SHALL NOT BE CHARGED WITH ANY VIOLATION UNDER SECTION
    11     3731(A)(1), (4) OR (5) (RELATING TO DRIVING UNDER INFLUENCE
    12     OF ALCOHOL OR CONTROLLED SUBSTANCE), OR, IF THE ADULT WAS SO
    13     CHARGED PRIOR TO THE TEST, THE CHARGE SHALL BE VOID AB
    14     INITIO. THIS FACT SHALL NOT GIVE RISE TO ANY PRESUMPTION
    15     CONCERNING A VIOLATION OF SECTION 3731(A)(2) OR (3) OR (I).
    16         (2)  THAT THE AMOUNT OF ALCOHOL BY WEIGHT IN THE BLOOD OF
    17     AN ADULT IS IN EXCESS OF 0.05% BUT LESS THAN 0.10%, THIS FACT
    18     SHALL NOT GIVE RISE TO ANY PRESUMPTION THAT THE ADULT WAS OR
    19     WAS NOT UNDER THE INFLUENCE OF ALCOHOL, BUT THIS FACT MAY BE
    20     CONSIDERED WITH OTHER COMPETENT EVIDENCE IN DETERMINING
    21     WHETHER THE ADULT WAS OR WAS NOT UNDER THE INFLUENCE OF
    22     ALCOHOL. THIS PROVISION SHALL NOT NEGATE THE PROVISIONS OF
    23     SECTION 3731(I).
    24         (3)  THAT THE AMOUNT OF ALCOHOL BY WEIGHT IN THE BLOOD
    25     OF:
    26             (I)  AN ADULT IS 0.10% OR MORE; OR
    27             (II)  A MINOR IS 0.02% OR MORE,
    28     THIS FACT MAY BE INTRODUCED INTO EVIDENCE IF THE PERSON IS
    29     CHARGED WITH VIOLATING SECTION 3731.]
    30     (E)  REFUSAL ADMISSIBLE IN EVIDENCE.--IN ANY SUMMARY
    20030S0008B1078                 - 100 -    

     1  PROCEEDING OR CRIMINAL PROCEEDING IN WHICH THE DEFENDANT IS
     2  CHARGED WITH A VIOLATION OF SECTION [3731] 3802 OR ANY OTHER
     3  VIOLATION OF THIS TITLE ARISING OUT OF THE SAME ACTION, THE FACT
     4  THAT THE DEFENDANT REFUSED TO SUBMIT TO CHEMICAL TESTING AS
     5  REQUIRED BY SUBSECTION (A) MAY BE INTRODUCED IN EVIDENCE ALONG
     6  WITH OTHER TESTIMONY CONCERNING THE CIRCUMSTANCES OF THE
     7  REFUSAL. NO PRESUMPTIONS SHALL ARISE FROM THIS EVIDENCE BUT IT
     8  MAY BE CONSIDERED ALONG WITH OTHER FACTORS CONCERNING THE
     9  CHARGE.
    10     * * *
    11     (I)  REQUEST BY DRIVER FOR TEST.--ANY PERSON INVOLVED IN AN
    12  ACCIDENT OR PLACED UNDER ARREST FOR A VIOLATION OF SECTION
    13  [3731] 3802 MAY REQUEST A CHEMICAL TEST OF HIS BREATH, BLOOD OR
    14  URINE. SUCH REQUESTS SHALL BE HONORED WHEN IT IS REASONABLY
    15  PRACTICABLE TO DO SO.
    16     * * *
    17     SECTION 12.  SECTION 1548 OF TITLE 75 IS REPEALED.
    18     SECTION 13.  SECTION 1552 OF TITLE 75 IS AMENDED TO READ:
    19  § 1552.  ACCELERATED REHABILITATIVE DISPOSITION.
    20     THE COURT OF COMMON PLEAS IN EACH JUDICIAL DISTRICT AND THE
    21  MUNICIPAL COURT OF PHILADELPHIA SHALL ESTABLISH AND IMPLEMENT A
    22  PROGRAM FOR ACCELERATED REHABILITATIVE DISPOSITION FOR PERSONS
    23  CHARGED WITH A VIOLATION OF SECTION [3731] 3802 (RELATING TO
    24  DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE) IN
    25  ACCORDANCE WITH THE PROVISIONS OF THIS CHAPTER AND RULES ADOPTED
    26  BY THE SUPREME COURT.
    27     SECTION 14.  SECTION 1553(D)(6), (8) AND (16), (E) AND (F)(1)
    28  ARE AMENDED AND THE SECTION IS AMENDED BY ADDING SUBSECTIONS TO
    29  READ:
    30  § 1553.  OCCUPATIONAL LIMITED LICENSE.
    20030S0008B1078                 - 101 -    

     1     * * *
     2     (D)  UNAUTHORIZED ISSUANCE.--THE DEPARTMENT SHALL PROHIBIT
     3  ISSUANCE OF AN OCCUPATIONAL LIMITED LICENSE TO:
     4         * * *
     5         (6) [ ANY] EXCEPT AS SET FORTH IN SUBSECTION (D.1) OR
     6     (D.2) ANY PERSON WHO HAS  BEEN ADJUDICATED DELINQUENT OR
     7     CONVICTED OF DRIVING UNDER THE INFLUENCE OF ALCOHOL OR
     8     CONTROLLED SUBSTANCE UNLESS THE SUSPENSION OR REVOCATION
     9     IMPOSED FOR THAT CONVICTION HAS BEEN FULLY SERVED.
    10         * * *
    11         (8)  [ANY] EXCEPT AS SET FORTH IN SUBSECTIONS (D.1) AND
    12     (D.2), ANY PERSON WHO HAS BEEN GRANTED A CONSENT DECREE OR
    13     ACCELERATED REHABILITATIVE DISPOSITION FOR DRIVING UNDER THE
    14     INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE AND WHOSE
    15     LICENSE HAS BEEN SUSPENDED BY THE DEPARTMENT UNLESS THE
    16     SUSPENSION IMPOSED HAS BEEN FULLY SERVED.
    17         * * *
    18         (16)  [ANY] EXCEPT AS SET FORTH IN SUBSECTION (D.3), ANY
    19     PERSON WHOSE OPERATING PRIVILEGE HAS BEEN SUSPENDED UNDER AN
    20     INTERJURISDICTIONAL AGREEMENT AS PROVIDED FOR IN SECTION 6146
    21     AS THE RESULT OF A CONVICTION OR ADJUDICATION IF THE
    22     CONVICTION OR ADJUDICATION FOR AN EQUIVALENT OFFENSE IN THIS
    23     COMMONWEALTH WOULD HAVE PROHIBITED THE ISSUANCE OF AN
    24     OCCUPATIONAL LIMITED LICENSE.
    25         * * *
    26     (D.1)  ADJUDICATION ELIGIBILITY.--AN INDIVIDUAL WHO HAS BEEN
    27  ADJUDICATED DELINQUENT, CONVICTED, GRANTED A CONSENT DECREE OR
    28  GRANTED ACCELERATED REHABILITATION DISPOSITION FOR DRIVING UNDER
    29  THE INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE AND DOES NOT
    30  HAVE A PRIOR OFFENSE AS DEFINED IN SECTION 3806(A) (RELATING TO
    20030S0008B1078                 - 102 -    

     1  PRIOR OFFENSES) SHALL BE ELIGIBLE FOR AN OCCUPATIONAL LIMITED
     2  LICENSE.
     3     (D.2)  SUSPENSION ELIGIBILITY.--
     4         (1)  AN INDIVIDUAL WHOSE LICENSE HAS BEEN SUSPENDED FOR A
     5     PERIOD OF 24 MONTHS UNDER SECTION 1547(B)(1)(II) (RELATING TO
     6     CHEMICAL TESTING TO DETERMINE AMOUNT OF ALCOHOL OR CONTROLLED
     7     SUBSTANCE) OR 3804(E)(2)(II) (RELATING TO PENALTIES) SHALL
     8     NOT BE PROHIBITED FROM OBTAINING AN OCCUPATIONAL LIMITED
     9     LICENSE UNDER THIS SECTION IF THE INDIVIDUAL:
    10             (I)  IS OTHERWISE ELIGIBLE FOR RESTORATION;
    11             (II)  HAS SERVED AT LEAST 12 MONTHS OF THE LICENSE
    12         SUSPENSION;
    13             (III)  ONLY OPERATES A MOTOR VEHICLE EQUIPPED WITH AN
    14         IGNITION INTERLOCK SYSTEM AS DEFINED IN SECTION 3801
    15         (RELATING TO DEFINITIONS); AND
    16             (IV)  HAS CERTIFIED TO THE DEPARTMENT UNDER PARAGRAPH
    17         (3).
    18         (2)  A PERIOD OF IGNITION INTERLOCK ACCEPTED UNDER THIS
    19     SUBSECTION SHALL NOT COUNT TOWARDS THE ONE-YEAR MANDATORY
    20     PERIOD OF IGNITION INTERLOCK IMPOSED UNDER SECTION 3805
    21     (RELATING TO IGNITION INTERLOCK).
    22         (3)  IF AN INDIVIDUAL SEEKS AN OCCUPATIONAL LIMITED
    23     LICENSE UNDER THIS SUBSECTION, THE DEPARTMENT SHALL REQUIRE
    24     THAT EACH MOTOR VEHICLE OWNED OR REGISTERED TO THE PERSON HAS
    25     BEEN EQUIPPED WITH AN APPROVED IGNITION INTERLOCK SYSTEM AS A
    26     CONDITION OF ISSUING AN OCCUPATIONAL LIMITED LICENSE WITH AN
    27     IGNITION INTERLOCK RESTRICTION.
    28     (D.3)  INTERJURISDICTIONAL SUSPENSIONS.--AN INDIVIDUAL WHOSE
    29  OPERATING PRIVILEGE HAS BEEN SUSPENDED PURSUANT TO AN
    30  INTERJURISDICTIONAL AGREEMENT UNDER SECTION 6146 AS THE RESULT
    20030S0008B1078                 - 103 -    

     1  OF AN ADJUDICATION OR CONVICTION FOR DRIVING UNDER THE INFLUENCE
     2  OF ALCOHOL OR CONTROLLED SUBSTANCE AND DOES NOT HAVE A PRIOR
     3  OFFENSE AS DEFINED IN SECTION 3806(A) SHALL BE ELIGIBLE FOR AN
     4  OCCUPATIONAL LIMITED LICENSE.
     5     (E)  OFFENSES COMMITTED DURING A PERIOD FOR WHICH AN
     6  OCCUPATIONAL LIMITED LICENSE HAS BEEN ISSUED.--ANY DRIVER WHO
     7  HAS BEEN ISSUED AN OCCUPATIONAL LIMITED LICENSE AND AS TO WHOM
     8  THE DEPARTMENT RECEIVES A REPORT OF CONVICTION OF AN OFFENSE FOR
     9  WHICH THE PENALTY IS A CANCELLATION, DISQUALIFICATION, RECALL,
    10  SUSPENSION OR REVOCATION OF OPERATING PRIVILEGES OR A REPORT
    11  UNDER SECTION 3815(C)(4) (RELATING TO MANDATORY SENTENCING)
    12  SHALL HAVE THE OCCUPATIONAL LIMITED LICENSE RECALLED, AND THE
    13  DRIVER SHALL SURRENDER THE LIMITED LICENSE TO THE DEPARTMENT OR
    14  ITS AGENTS DESIGNATED UNDER THE AUTHORITY OF SECTION 1540.
    15     (F)  RESTRICTIONS.--A DRIVER WHO HAS BEEN ISSUED AN
    16  OCCUPATIONAL LIMITED LICENSE SHALL OBSERVE THE FOLLOWING:
    17         (1)  THE DRIVER SHALL OPERATE A DESIGNATED VEHICLE ONLY
    18     [BETWEEN]:
    19             (I)  BETWEEN THE DRIVER'S PLACE OF RESIDENCE AND
    20         PLACE OF EMPLOYMENT OR STUDY AND AS NECESSARY IN THE
    21         COURSE OF EMPLOYMENT OR CONDUCTING A BUSINESS OR PURSUING
    22         A COURSE OF STUDY WHERE THE OPERATION OF A MOTOR VEHICLE
    23         IS A REQUIREMENT OF EMPLOYMENT OR OF CONDUCTING A
    24         BUSINESS OR OF PURSUING A COURSE OF STUDY.
    25             (II)  TO AND FROM A PLACE FOR SCHEDULED OR EMERGENCY
    26         MEDICAL EXAMINATION OR TREATMENT. THIS SUBPARAGRAPH
    27         INCLUDES TREATMENT REQUIRED UNDER CHAPTER 38 (RELATING TO
    28         DRIVING WHILE IMPAIRED).
    29         * * *
    30     SECTION 15.  SECTIONS 1554(F)(8), 1575(B), 1586, 1611(A)(1),
    20030S0008B1078                 - 104 -    

     1  3101(B), 3326(C), 3327(E) AND 3716(A) ARE AMENDED TO READ:
     2  § 1554.  PROBATIONARY LICENSE.
     3     * * *
     4     (F)  UNAUTHORIZED ISSUANCE.--THE DEPARTMENT SHALL NOT ISSUE A
     5  PROBATIONARY LICENSE TO:
     6         * * *
     7         (8)  A PERSON WHO HAS BEEN CONVICTED OF A VIOLATION OF
     8     SECTION [3731] 3802 (RELATING TO DRIVING UNDER INFLUENCE OF
     9     ALCOHOL OR CONTROLLED SUBSTANCE) WITHIN THE PRECEDING SEVEN
    10     YEARS.
    11         * * *
    12  § 1575.  PERMITTING VIOLATION OF TITLE.
    13     * * *
    14     (B)  PENALTY.--ANY PERSON VIOLATING THE PROVISIONS OF
    15  SUBSECTION (A) IS GUILTY OF A SUMMARY OFFENSE AND IS SUBJECT TO
    16  THE SAME FINE AS THE DRIVER OF THE VEHICLE. IF THE DRIVER IS
    17  CONVICTED UNDER SECTION [3731 (RELATING TO DRIVING UNDER
    18  INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE) OR] 3735 (RELATING
    19  TO HOMICIDE BY VEHICLE WHILE DRIVING UNDER INFLUENCE) OR 3802
    20  (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED
    21  SUBSTANCE), THE PERSON VIOLATING SUBSECTION (A) SHALL ALSO BE
    22  SUBJECT TO SUSPENSION OR REVOCATION, AS APPLICABLE, UNDER
    23  SECTIONS [1532 (RELATING TO REVOCATION OR SUSPENSION OF
    24  OPERATING PRIVILEGE)] 3804(E) (RELATING TO PENALTIES) AND 1542
    25  (RELATING TO REVOCATION OF HABITUAL OFFENDER'S LICENSE).
    26     * * *
    27  § 1586.  DUTIES OF DEPARTMENT.
    28     THE DEPARTMENT SHALL, FOR PURPOSES OF IMPOSING A SUSPENSION
    29  OR REVOCATION UNDER ARTICLE IV OF THE COMPACT, TREAT REPORTS OF
    30  CONVICTIONS RECEIVED FROM PARTY STATES THAT RELATE TO DRIVING,
    20030S0008B1078                 - 105 -    

     1  OPERATING OR BEING IN ACTUAL PHYSICAL CONTROL OF A VEHICLE WHILE
     2  IMPAIRED BY OR UNDER THE INFLUENCE OF ALCOHOL, INTOXICATING
     3  LIQUOR, DRUGS, NARCOTICS, CONTROLLED SUBSTANCES OR OTHER
     4  IMPAIRING OR INTOXICATING SUBSTANCE AS BEING SUBSTANTIALLY
     5  SIMILAR TO SECTION [3731] 3802 (RELATING TO DRIVING UNDER THE
     6  INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE). THE FACT THAT THE
     7  OFFENSE REPORTED TO THE DEPARTMENT BY A PARTY STATE MAY REQUIRE
     8  A DIFFERENT DEGREE OF IMPAIRMENT OF A PERSON'S ABILITY TO
     9  OPERATE, DRIVE OR CONTROL A VEHICLE THAN THAT REQUIRED TO
    10  SUPPORT A CONVICTION FOR A VIOLATION OF SECTION [3731] 3802
    11  SHALL NOT BE A BASIS FOR DETERMINING THAT THE PARTY STATE'S
    12  OFFENSE IS NOT SUBSTANTIALLY SIMILAR TO SECTION [3731] 3802 FOR
    13  PURPOSES OF ARTICLE IV OF THE COMPACT.
    14  § 1611.  DISQUALIFICATION.
    15     (A)  DISQUALIFICATION FOR FIRST VIOLATION OF CERTAIN
    16  OFFENSES.--UPON RECEIPT OF A CERTIFIED COPY OF CONVICTION, THE
    17  DEPARTMENT SHALL, IN ADDITION TO ANY OTHER PENALTIES IMPOSED
    18  UNDER THIS TITLE, DISQUALIFY ANY PERSON FROM DRIVING A
    19  COMMERCIAL MOTOR VEHICLE OR SCHOOL VEHICLE FOR A PERIOD OF ONE
    20  YEAR FOR THE FIRST VIOLATION OF:
    21         (1)  SECTION [3731] 3802 (RELATING TO DRIVING UNDER THE
    22     INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE), WHERE THE
    23     VIOLATION OCCURRED WHILE THE PERSON WAS OPERATING A
    24     COMMERCIAL MOTOR VEHICLE OR SCHOOL VEHICLE;
    25         * * *
    26  § 3101.  APPLICATION OF PART.
    27     * * *
    28     (B)  SERIOUS TRAFFIC OFFENSES.--THE PROVISIONS OF SECTION
    29  3345 (RELATING TO MEETING OR OVERTAKING SCHOOL BUS) [AND],
    30  SUBCHAPTER B OF CHAPTER 37 (RELATING TO SERIOUS TRAFFIC
    20030S0008B1078                 - 106 -    

     1  OFFENSES) AND CHAPTER 38 (RELATING TO DRIVING WHILE IMPAIRED)
     2  SHALL APPLY UPON HIGHWAYS AND TRAFFICWAYS THROUGHOUT THIS
     3  COMMONWEALTH.
     4  § 3326.  DUTY OF DRIVER IN CONSTRUCTION AND MAINTENANCE AREAS OR
     5             ON HIGHWAY SAFETY CORRIDORS.
     6     * * *
     7     (C)  FINES TO BE DOUBLED.-- FOR ANY OF THE FOLLOWING
     8  VIOLATIONS, WHEN COMMITTED IN AN ACTIVE WORK ZONE MANNED BY
     9  WORKERS ACTING IN THEIR OFFICIAL CAPACITY OR ON A HIGHWAY SAFETY
    10  CORRIDOR DESIGNATED UNDER SECTION 6105.1 (RELATING TO
    11  DESIGNATION OF HIGHWAY SAFETY CORRIDORS), THE FINE SHALL BE
    12  DOUBLE THE USUAL AMOUNT:
    13             SECTION 3102 (RELATING TO OBEDIENCE TO AUTHORIZED
    14         PERSONS DIRECTING TRAFFIC).
    15             SECTION 3111 (RELATING TO OBEDIENCE TO TRAFFIC-
    16         CONTROL DEVICES).
    17             SECTION 3112 (RELATING TO TRAFFIC-CONTROL SIGNALS).
    18             SECTION 3114 (RELATING TO FLASHING SIGNALS).
    19             SECTION 3302 (RELATING TO MEETING VEHICLE PROCEEDING
    20         IN OPPOSITE DIRECTION).
    21             SECTION 3303 (RELATING TO OVERTAKING VEHICLE ON THE
    22         LEFT).
    23             SECTION 3304 (RELATING TO OVERTAKING VEHICLE ON THE
    24         RIGHT).
    25             SECTION 3305 (RELATING TO LIMITATIONS ON OVERTAKING
    26         ON THE LEFT).
    27             SECTION 3306 (RELATING TO LIMITATIONS ON DRIVING ON
    28         LEFT SIDE OF ROADWAY).
    29             SECTION 3307 (RELATING TO NO-PASSING ZONES).
    30             SECTION 3309 (RELATING TO DRIVING ON ROADWAYS LANED
    20030S0008B1078                 - 107 -    

     1         FOR TRAFFIC).
     2             SECTION 3310 (RELATING TO FOLLOWING TOO CLOSELY).
     3             SECTION 3323 (RELATING TO STOP SIGNS AND YIELD
     4         SIGNS).
     5             SECTION 3326 (RELATING TO DUTY OF DRIVER IN
     6         CONSTRUCTION AND MAINTENANCE AREAS).
     7             SECTION 3361 (RELATING TO DRIVING VEHICLE AT SAFE
     8         SPEED).
     9             SECTION 3362 (RELATING TO MAXIMUM SPEED LIMITS).
    10             SECTION 3702 (RELATING TO LIMITATIONS ON BACKING).
    11             SECTION 3714 (RELATING TO CARELESS DRIVING).
    12             SECTION 3715 (RELATING TO RESTRICTION ON ALCOHOLIC
    13         BEVERAGES).
    14             [SECTION 3731 (RELATING TO DRIVING UNDER INFLUENCE OF
    15         ALCOHOL OR CONTROLLED SUBSTANCE).]
    16             SECTION 3736 (RELATING TO RECKLESS DRIVING).
    17             SECTION 3802 (RELATING TO DRIVING UNDER INFLUENCE OF
    18         ALCOHOL OR CONTROLLED SUBSTANCE).
    19     * * *
    20  § 3327.  DUTY OF DRIVER IN EMERGENCY RESPONSE AREAS.
    21     * * *
    22     (E)  FINES TO BE DOUBLED.--IN ADDITION TO ANY PENALTY AS
    23  PROVIDED IN SUBSECTION (B), THE FINE FOR ANY OF THE FOLLOWING
    24  VIOLATIONS WHEN COMMITTED IN AN EMERGENCY RESPONSE AREA MANNED
    25  BY EMERGENCY SERVICE RESPONDERS SHALL BE DOUBLE THE USUAL
    26  AMOUNT:
    27         SECTION 3102 (RELATING TO OBEDIENCE TO AUTHORIZED PERSONS
    28     DIRECTING TRAFFIC).
    29         SECTION 3111 (RELATING TO OBEDIENCE TO TRAFFIC-CONTROL
    30     DEVICES).
    20030S0008B1078                 - 108 -    

     1         SECTION 3114 (RELATING TO FLASHING SIGNALS).
     2         SECTION 3302 (RELATING TO MEETING VEHICLE PROCEEDING IN
     3     OPPOSITE DIRECTION).
     4         SECTION 3303 (RELATING TO OVERTAKING VEHICLE ON THE
     5     LEFT).
     6         SECTION 3304 (RELATING TO OVERTAKING VEHICLE ON THE
     7     RIGHT).
     8         SECTION 3305 (RELATING TO LIMITATIONS ON OVERTAKING ON
     9     THE LEFT).
    10         SECTION 3306 (RELATING TO LIMITATIONS ON DRIVING ON LEFT
    11     SIDE OF ROADWAY).
    12         SECTION 3307 (RELATING TO NO-PASSING ZONES).
    13         SECTION 3310 (RELATING TO FOLLOWING TOO CLOSELY).
    14         SECTION 3312 (RELATING TO LIMITED ACCESS HIGHWAY
    15     ENTRANCES AND EXITS).
    16         SECTION 3323 (RELATING TO STOP SIGNS AND YIELD SIGNS).
    17         SECTION 3325 (RELATING TO DUTY OF DRIVER ON APPROACH OF
    18     EMERGENCY VEHICLE).
    19         SECTION 3361 (RELATING TO DRIVING VEHICLE AT SAFE SPEED).
    20         SECTION 3707 (RELATING TO DRIVING OR STOPPING CLOSE TO
    21     FIRE APPARATUS).
    22         SECTION 3710 (RELATING TO STOPPING AT INTERSECTION OR
    23     CROSSING TO PREVENT OBSTRUCTION).
    24         SECTION 3714 (RELATING TO CARELESS DRIVING).
    25         SECTION 3715.1 (RELATING TO RESTRICTION ON ALCOHOLIC
    26     BEVERAGES).
    27         [SECTION 3731 (RELATING TO DRIVING UNDER INFLUENCE OF
    28     ALCOHOL OR CONTROLLED SUBSTANCE).]
    29         SECTION 3736 (RELATING TO RECKLESS DRIVING).
    30         SECTION 3802 (RELATING TO DRIVING UNDER INFLUENCE OF
    20030S0008B1078                 - 109 -    

     1     ALCOHOL OR CONTROLLED SUBSTANCE).
     2     * * *
     3  § 3716.  ACCIDENTS INVOLVING OVERTURNED VEHICLES.
     4     (A)  SPEEDING, CARELESS DRIVING, ETC.--IF A COMMERCIAL MOTOR
     5  VEHICLE OVERTURNS IN AN ACCIDENT RESULTING FROM A VIOLATION OF
     6  SECTION 3361 (RELATING TO DRIVING VEHICLE AT SAFE SPEED), 3362
     7  (RELATING TO MAXIMUM SPEED LIMITS), 3714 (RELATING TO CARELESS
     8  DRIVING) OR [3731] 3802 (RELATING TO DRIVING UNDER INFLUENCE OF
     9  ALCOHOL OR CONTROLLED SUBSTANCE), THE OPERATOR OF THE VEHICLE
    10  SHALL, UPON CONVICTION OF ANY OF THE AFOREMENTIONED OFFENSES, BE
    11  SENTENCED TO PAY A FINE OF $2,000, IN ADDITION TO ANY OTHER
    12  PENALTY AUTHORIZED BY LAW.
    13     * * *
    14     SECTION 16.  SECTION 3731 OF TITLE 75 IS REPEALED.
    15     SECTION 17.  SECTIONS 3732(A), 3735(A), 3735.1(A) AND 3755(A)
    16  OF TITLE 75 ARE AMENDED TO READ:
    17  § 3732.  HOMICIDE BY VEHICLE.
    18     (A)  OFFENSE.--ANY PERSON WHO RECKLESSLY OR WITH GROSS
    19  NEGLIGENCE CAUSES THE DEATH OF ANOTHER PERSON WHILE ENGAGED IN
    20  THE VIOLATION OF ANY LAW OF THIS COMMONWEALTH OR MUNICIPAL
    21  ORDINANCE APPLYING TO THE OPERATION OR USE OF A VEHICLE OR TO
    22  THE REGULATION OF TRAFFIC EXCEPT SECTION [3731] 3802 (RELATING
    23  TO DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE)
    24  IS GUILTY OF HOMICIDE BY VEHICLE, A FELONY OF THE THIRD DEGREE,
    25  WHEN THE VIOLATION IS THE CAUSE OF DEATH.
    26     * * *
    27  § 3735.  HOMICIDE BY VEHICLE WHILE DRIVING UNDER INFLUENCE.
    28     (A)  OFFENSE DEFINED.--ANY PERSON WHO UNINTENTIONALLY CAUSES
    29  THE DEATH OF ANOTHER PERSON AS THE RESULT OF A VIOLATION OF
    30  SECTION [3731] 3802 (RELATING TO DRIVING UNDER INFLUENCE OF
    20030S0008B1078                 - 110 -    

     1  ALCOHOL OR CONTROLLED SUBSTANCE) AND WHO IS CONVICTED OF
     2  VIOLATING SECTION [3731] 3802 IS GUILTY OF A FELONY OF THE
     3  SECOND DEGREE WHEN THE VIOLATION IS THE CAUSE OF DEATH AND THE
     4  SENTENCING COURT SHALL ORDER THE PERSON TO SERVE A MINIMUM TERM
     5  OF IMPRISONMENT OF NOT LESS THAN THREE YEARS. A CONSECUTIVE
     6  THREE-YEAR TERM OF IMPRISONMENT SHALL BE IMPOSED FOR EACH VICTIM
     7  WHOSE DEATH IS THE RESULT OF THE VIOLATION OF SECTION [3731]
     8  3802.
     9     * * *
    10  § 3735.1.  AGGRAVATED ASSAULT BY VEHICLE WHILE DRIVING UNDER THE
    11             INFLUENCE.
    12     (A)  OFFENSE DEFINED.--ANY PERSON WHO NEGLIGENTLY CAUSES
    13  SERIOUS BODILY INJURY TO ANOTHER PERSON AS THE RESULT OF A
    14  VIOLATION OF SECTION [3731] 3802 (RELATING TO DRIVING UNDER
    15  INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE) AND WHO IS
    16  CONVICTED OF VIOLATING SECTION [3731] 3802 COMMITS A FELONY OF
    17  THE SECOND DEGREE WHEN THE VIOLATION IS THE CAUSE OF THE INJURY.
    18     * * *
    19  § 3755.  REPORTS BY EMERGENCY ROOM PERSONNEL.
    20     (A)  GENERAL RULE.--IF, AS A RESULT OF A MOTOR VEHICLE
    21  ACCIDENT, THE PERSON WHO DROVE, OPERATED OR WAS IN ACTUAL
    22  PHYSICAL CONTROL OF THE MOVEMENT OF ANY INVOLVED MOTOR VEHICLE
    23  REQUIRES MEDICAL TREATMENT IN AN EMERGENCY ROOM OF A HOSPITAL
    24  AND IF PROBABLE CAUSE EXISTS TO BELIEVE A VIOLATION OF SECTION
    25  [3731] 3802 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR
    26  CONTROLLED SUBSTANCE) WAS INVOLVED, THE EMERGENCY ROOM PHYSICIAN
    27  OR HIS DESIGNEE SHALL PROMPTLY TAKE BLOOD SAMPLES FROM THOSE
    28  PERSONS AND TRANSMIT THEM WITHIN 24 HOURS FOR TESTING TO THE
    29  DEPARTMENT OF HEALTH OR A CLINICAL LABORATORY LICENSED AND
    30  APPROVED BY THE DEPARTMENT OF HEALTH AND SPECIFICALLY DESIGNATED
    20030S0008B1078                 - 111 -    

     1  FOR THIS PURPOSE. THIS SECTION SHALL BE APPLICABLE TO ALL
     2  INJURED OCCUPANTS WHO WERE CAPABLE OF MOTOR VEHICLE OPERATION IF
     3  THE OPERATOR OR PERSON IN ACTUAL PHYSICAL CONTROL OF THE
     4  MOVEMENT OF THE MOTOR VEHICLE CANNOT BE DETERMINED. TEST RESULTS
     5  SHALL BE RELEASED UPON REQUEST OF THE PERSON TESTED, HIS
     6  ATTORNEY, HIS PHYSICIAN OR GOVERNMENTAL OFFICIALS OR AGENCIES.
     7     * * *
     8     SECTION 18.  TITLE 75 IS AMENDED BY ADDING A CHAPTER TO READ:
     9                             CHAPTER 38
    10                       DRIVING WHILE IMPAIRED
    11  SEC.
    12  3801.  DEFINITIONS.
    13  3802.  DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED
    14         SUBSTANCE.
    15  3803.  GRADING.
    16  3804.  PENALTIES.
    17  3805.  IGNITION INTERLOCK.
    18  3806.  PRIOR OFFENSES.
    19  3807.  ACCELERATED REHABILITATIVE DISPOSITION.
    20  3808.  ILLEGALLY OPERATING A MOTOR VEHICLE NOT EQUIPPED WITH
    21         IGNITION INTERLOCK.
    22  3809.  RESTRICTION ON ALCOHOLIC BEVERAGES.
    23  3810.  AUTHORIZED USE NOT A DEFENSE.
    24  3811.  CERTAIN ARRESTS AUTHORIZED.
    25  3812.  PRELIMINARY HEARING OR ARRAIGNMENT.
    26  3813.  WORK RELEASE.
    27  3814.  DRUG AND ALCOHOL ASSESSMENTS.
    28  3815.  MANDATORY SENTENCING.
    29  3816.  REQUIREMENTS FOR DRIVING UNDER INFLUENCE OFFENDERS.
    30  3817.  REPORTING REQUIREMENTS FOR OFFENSES.
    20030S0008B1078                 - 112 -    

     1  § 3801.  DEFINITIONS.
     2     THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
     3  SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
     4  CONTEXT CLEARLY INDICATES OTHERWISE:
     5     "ADULT."  AN INDIVIDUAL WHO IS AT LEAST 21 YEARS OF AGE.
     6     "IGNITION INTERLOCK SYSTEM."  A SYSTEM APPROVED BY THE
     7  DEPARTMENT WHICH PREVENTS A VEHICLE FROM BEING STARTED OR
     8  OPERATED UNLESS THE OPERATOR FIRST PROVIDES A BREATH SAMPLE
     9  INDICATING THAT THE OPERATOR HAS AN ALCOHOL LEVEL LESS THAN
    10  .025%.
    11     "MINOR."  AN INDIVIDUAL WHO IS UNDER 21 YEARS OF AGE.
    12  § 3802.  DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED
    13             SUBSTANCE.
    14     (A)  GENERAL IMPAIRMENT.--
    15         (1)  AN INDIVIDUAL MAY NOT DRIVE, OPERATE OR BE IN ACTUAL
    16     PHYSICAL CONTROL OF THE MOVEMENT OF A VEHICLE AFTER IMBIBING
    17     A SUFFICIENT AMOUNT OF ALCOHOL SUCH THAT THE INDIVIDUAL WAS
    18     INCAPABLE OF SAFELY DRIVING, OPERATING OR BEING IN ACTUAL
    19     PHYSICAL CONTROL OF THE MOVEMENT OF THE VEHICLE.
    20         (2)  AN INDIVIDUAL MAY NOT DRIVE, OPERATE OR BE IN ACTUAL
    21     PHYSICAL CONTROL OF THE MOVEMENT OF A VEHICLE AFTER IMBIBING
    22     A SUFFICIENT AMOUNT OF ALCOHOL SUCH THAT THE ALCOHOL
    23     CONCENTRATION IN THE INDIVIDUAL'S BLOOD OR BREATH IS AT LEAST
    24     .08% BUT LESS THAN .10% WITHIN THREE HOURS AFTER THE
    25     INDIVIDUAL HAS DRIVEN, OPERATED OR BEEN IN ACTUAL PHYSICAL
    26     CONTROL OF THE MOVEMENT OF THE VEHICLE.
    27     (B)  HIGH RATE OF ALCOHOL.--AN INDIVIDUAL MAY NOT DRIVE,
    28  OPERATE OR BE IN ACTUAL PHYSICAL CONTROL OF THE MOVEMENT OF A
    29  VEHICLE AFTER IMBIBING A SUFFICIENT AMOUNT OF ALCOHOL SUCH THAT
    30  THE ALCOHOL CONCENTRATION IN THE INDIVIDUAL'S BLOOD OR BREATH IS
    20030S0008B1078                 - 113 -    

     1  AT LEAST .10% BUT LESS THAN .16% WITHIN THREE HOURS AFTER THE
     2  INDIVIDUAL HAS DRIVEN, OPERATED OR BEEN IN ACTUAL PHYSICAL
     3  CONTROL OF THE MOVEMENT OF THE VEHICLE.
     4     (C)  HIGHEST RATE OF ALCOHOL.--AN INDIVIDUAL MAY NOT DRIVE,
     5  OPERATE OR BE IN ACTUAL PHYSICAL CONTROL OF THE MOVEMENT OF A
     6  VEHICLE AFTER IMBIBING A SUFFICIENT AMOUNT OF ALCOHOL SUCH THAT
     7  THE ALCOHOL CONCENTRATION IN THE INDIVIDUAL'S BLOOD OR BREATH IS
     8  .16% OR HIGHER WITHIN THREE HOURS AFTER THE INDIVIDUAL HAS
     9  DRIVEN, OPERATED OR BEEN IN ACTUAL PHYSICAL CONTROL OF THE
    10  MOVEMENT OF THE VEHICLE.
    11     (D)  CONTROLLED SUBSTANCES.--AN INDIVIDUAL MAY NOT DRIVE,
    12  OPERATE OR BE IN ACTUAL PHYSICAL CONTROL OF THE MOVEMENT OF A
    13  VEHICLE UNDER ANY OF THE FOLLOWING CIRCUMSTANCES:
    14         (1)  THERE IS IN THE INDIVIDUAL'S BLOOD ANY AMOUNT OF A:
    15             (I)  SCHEDULE I CONTROLLED SUBSTANCE, AS DEFINED IN
    16         THE ACT OF APRIL 14, 1972 (P.L.233, NO.64), KNOWN AS THE
    17         CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT;
    18             (II)  SCHEDULE II OR SCHEDULE III CONTROLLED
    19         SUBSTANCE, AS DEFINED IN THE CONTROLLED SUBSTANCE, DRUG,
    20         DEVICE AND COSMETIC ACT, WHICH HAS NOT BEEN MEDICALLY
    21         PRESCRIBED FOR THE INDIVIDUAL; OR
    22             (III)  METABOLITE OF A SUBSTANCE UNDER SUBPARAGRAPH
    23         (I) OR (II).
    24         (2)  THE INDIVIDUAL IS UNDER THE INFLUENCE OF A DRUG OR
    25     COMBINATION OF DRUGS TO A DEGREE WHICH IMPAIRS THE
    26     INDIVIDUAL'S ABILITY TO SAFELY DRIVE, OPERATE OR BE IN ACTUAL
    27     PHYSICAL CONTROL OF THE MOVEMENT OF THE VEHICLE.
    28         (3)  THE INDIVIDUAL IS UNDER THE COMBINED INFLUENCE OF
    29     ALCOHOL AND A DRUG OR COMBINATION OF DRUGS TO A DEGREE WHICH
    30     IMPAIRS THE INDIVIDUAL'S ABILITY TO SAFELY DRIVE, OPERATE OR
    20030S0008B1078                 - 114 -    

     1     BE IN ACTUAL PHYSICAL CONTROL OF THE MOVEMENT OF THE VEHICLE.
     2         (4)  THE INDIVIDUAL IS UNDER THE INFLUENCE OF A SOLVENT
     3     OR NOXIOUS SUBSTANCE IN VIOLATION OF 18 PA.C.S. § 7303
     4     (RELATING TO SALE OR ILLEGAL USE OF CERTAIN SOLVENTS AND
     5     NOXIOUS SUBSTANCES).
     6     (E)  MINORS.--A MINOR MAY NOT DRIVE, OPERATE OR BE IN ACTUAL
     7  PHYSICAL CONTROL OF THE MOVEMENT OF A VEHICLE AFTER IMBIBING A
     8  SUFFICIENT AMOUNT OF ALCOHOL SUCH THAT THE ALCOHOL CONCENTRATION
     9  IN THE MINOR'S BLOOD OR BREATH IS .02% OR HIGHER WITHIN THREE
    10  HOURS AFTER THE MINOR HAS DRIVEN, OPERATED OR BEEN IN ACTUAL
    11  PHYSICAL CONTROL OF THE MOVEMENT OF THE VEHICLE.
    12     (F)  COMMERCIAL SCHOOL VEHICLES.--AN INDIVIDUAL MAY NOT
    13  DRIVE, OPERATE OR BE IN ACTUAL PHYSICAL CONTROL OF THE MOVEMENT
    14  OF A COMMERCIAL VEHICLE OR SCHOOL VEHICLE IN ANY OF THE
    15  FOLLOWING CIRCUMSTANCES:
    16         (1)  AFTER THE INDIVIDUAL HAS IMBIBED A SUFFICIENT AMOUNT
    17     OF ALCOHOL SUCH THAT THE ALCOHOL CONCENTRATION IN THE
    18     INDIVIDUAL'S BLOOD OR BREATH IS:
    19             (I)  .04% OR GREATER WITHIN THREE HOURS AFTER THE
    20         INDIVIDUAL HAS DRIVEN, OPERATED OR BEEN IN ACTUAL
    21         PHYSICAL CONTROL OF THE MOVEMENT OF A COMMERCIAL VEHICLE
    22         OTHER THAN A SCHOOL BUS OR A SCHOOL VEHICLE.
    23             (II)  .02% OR GREATER WITHIN THREE HOURS AFTER THE
    24         INDIVIDUAL HAS DRIVEN, OPERATED OR BEEN IN ACTUAL
    25         PHYSICAL CONTROL OF THE MOVEMENT OF A SCHOOL BUS OR A
    26         SCHOOL VEHICLE.
    27         (2)  AFTER THE INDIVIDUAL HAS IMBIBED A SUFFICIENT AMOUNT
    28     OF ALCOHOL SUCH THAT THE INDIVIDUAL WAS INCAPABLE OF SAFELY
    29     DRIVING, OPERATING OR BEING IN ACTUAL PHYSICAL CONTROL OF THE
    30     MOVEMENT OF A COMMERCIAL VEHICLE.
    20030S0008B1078                 - 115 -    

     1         (3)  WHILE THE INDIVIDUAL IS UNDER THE INFLUENCE OF A
     2     CONTROLLED SUBSTANCE OR COMBINATION OF CONTROLLED SUBSTANCES,
     3     AS DEFINED IN SECTION 1603 (RELATING TO DEFINITIONS).
     4         (4)  WHILE THE INDIVIDUAL IS UNDER THE COMBINED INFLUENCE
     5     OF ALCOHOL AND A CONTROLLED SUBSTANCE OR COMBINATION OF
     6     CONTROLLED SUBSTANCES, AS DEFINED IN SECTION 1603.
     7     (G)  EXCEPTION TO THREE-HOUR RULE.--NOTWITHSTANDING THE
     8  PROVISIONS OF SUBSECTION (A), (B), (C), (E) OR (F), WHERE
     9  ALCOHOL CONCENTRATION IN AN INDIVIDUAL'S BLOOD OR BREATH IS AN
    10  ELEMENT OF THE OFFENSE, EVIDENCE OF SUCH ALCOHOL CONCENTRATION
    11  MORE THAN THREE HOURS AFTER THE INDIVIDUAL HAS DRIVEN, OPERATED
    12  OR BEEN IN ACTUAL PHYSICAL CONTROL OF THE MOVEMENT OF THE
    13  VEHICLE IS SUFFICIENT TO ESTABLISH THAT ELEMENT OF THE OFFENSE
    14  UNDER THE FOLLOWING CIRCUMSTANCES:
    15         (1)  WHERE THE COMMONWEALTH SHOWS GOOD CAUSE EXPLAINING
    16     WHY THE CHEMICAL TEST COULD NOT BE PERFORMED WITHIN THREE
    17     HOURS; AND
    18         (2)  WHERE THE COMMONWEALTH ESTABLISHES THAT THE
    19     INDIVIDUAL DID NOT IMBIBE ANY ALCOHOL BETWEEN THE TIME THE
    20     INDIVIDUAL WAS ARRESTED AND THE TIME THE TEST WAS PERFORMED.
    21  § 3803.  GRADING.
    22     (A)  BASIC OFFENSES.--
    23         (1)  AN INDIVIDUAL WHO VIOLATES SECTION 3802(A) (RELATING
    24     TO DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED
    25     SUBSTANCE) AND HAS NO MORE THAN ONE PRIOR OFFENSE COMMITS A
    26     MISDEMEANOR FOR WHICH THE INDIVIDUAL MAY BE SENTENCED TO A
    27     TERM OF IMPRISONMENT OF NOT MORE THAN SIX MONTHS AND TO PAY A
    28     FINE UNDER SECTION 3804 (RELATING TO PENALTIES).
    29         (2)  AN INDIVIDUAL WHO VIOLATES SECTION 3802(A) AND HAS
    30     MORE THAN ONE PRIOR OFFENSE COMMITS A MISDEMEANOR OF THE
    20030S0008B1078                 - 116 -    

     1     SECOND DEGREE.
     2     (B)  OTHER OFFENSES.--
     3         (1)  AN INDIVIDUAL WHO VIOLATES SECTION 3802(B), (E) OR
     4     (F) AND WHO HAS NO MORE THAN ONE PRIOR OFFENSE COMMITS A
     5     MISDEMEANOR FOR WHICH THE INDIVIDUAL MAY BE SENTENCED TO A
     6     TERM OF IMPRISONMENT OF NOT MORE THAN SIX MONTHS AND TO PAY A
     7     FINE UNDER SECTION 3804.
     8         (2)  AN INDIVIDUAL WHO VIOLATES SECTION 3802(C) OR (D)
     9     AND WHO HAS NO PRIOR OFFENSES COMMITS A MISDEMEANOR FOR WHICH
    10     THE INDIVIDUAL MAY BE SENTENCED TO A TERM OF IMPRISONMENT OF
    11     NOT MORE THAN SIX MONTHS AND TO PAY A FINE UNDER SECTION
    12     3804.
    13         (3)  AN INDIVIDUAL WHO VIOLATES SECTION 3802(B), (E) OR
    14     (F) AND WHO HAS MORE THAN ONE PRIOR OFFENSE COMMITS A
    15     MISDEMEANOR OF THE FIRST DEGREE.
    16         (4)  AN INDIVIDUAL WHO VIOLATES SECTION 3802(C) OR (D)
    17     AND WHO HAS ONE OR MORE PRIOR OFFENSES COMMITS A MISDEMEANOR
    18     OF THE FIRST DEGREE.
    19  § 3804.  PENALTIES.
    20     (A)  GENERAL IMPAIRMENT.--AN INDIVIDUAL WHO VIOLATES SECTION
    21  3802(A) (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR
    22  CONTROLLED SUBSTANCE) SHALL BE SENTENCED AS FOLLOWS:
    23         (1)  FOR A FIRST OFFENSE, TO:
    24             (I)  UNDERGO A PERIOD OF PROBATION NOT TO EXCEED SIX
    25         MONTHS;
    26             (II)  PAY A FINE OF $300;
    27             (III)  ATTEND AN ALCOHOL HIGHWAY SAFETY SCHOOL
    28         APPROVED BY THE DEPARTMENT; AND
    29             (IV)  COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT
    30         REQUIREMENTS IMPOSED UNDER SECTION 3814 (RELATING TO DRUG
    20030S0008B1078                 - 117 -    

     1         AND ALCOHOL ASSESSMENTS) AND SECTION 3815 (RELATING TO
     2         MANDATORY SENTENCING).
     3         (2)  FOR A SECOND OFFENSE, TO:
     4             (I)  UNDERGO IMPRISONMENT FOR NOT LESS THAN FIVE DAYS
     5         NOR MORE THAN SIX MONTHS;
     6             (II)  PAY A FINE OF NOT LESS THAN $300 NOR MORE THAN
     7         $2,500;
     8             (III)  ATTEND AN ALCOHOL HIGHWAY SAFETY SCHOOL
     9         APPROVED BY THE DEPARTMENT; AND
    10             (IV)  COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT
    11         REQUIREMENTS IMPOSED UNDER SECTIONS 3814 AND 3815.
    12         (3)  FOR A THIRD OR SUBSEQUENT OFFENSE, TO:
    13             (I)  UNDERGO IMPRISONMENT OF NOT LESS THAN TEN DAYS
    14         NOR MORE THAN TWO YEARS;
    15             (II)  PAY A FINE OF NOT LESS THAN $500 NOR MORE THAN
    16         $5,000; AND
    17             (III)  COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT
    18         REQUIREMENTS IMPOSED UNDER SECTIONS 3814 AND 3815.
    19     (B)  HIGH RATE OF BLOOD ALCOHOL; MINORS; COMMERCIAL VEHICLES
    20  AND SCHOOL BUSES AND SCHOOL VEHICLES; ACCIDENTS.--EXCEPT AS SET
    21  FORTH IN SUBSECTION (C), AN INDIVIDUAL WHO VIOLATES SECTION
    22  3802(A)(1) WHERE THERE WAS AN ACCIDENT RESULTING IN BODILY
    23  INJURY, SERIOUS BODILY INJURY OR DEATH OF ANY PERSON OR IN
    24  DAMAGE TO A VEHICLE OR OTHER PROPERTY OR WHO VIOLATES SECTION
    25  3802(B), (E) OR (F) SHALL BE SENTENCED AS FOLLOWS:
    26         (1)  FOR A FIRST OFFENSE, TO:
    27             (I)  UNDERGO IMPRISONMENT OF NOT LESS THAN 72
    28         CONSECUTIVE HOURS NOR MORE THAN SIX MONTHS;
    29             (II)  PAY A FINE OF NOT LESS THAN $500 NOR MORE THAN
    30         $5,000;
    20030S0008B1078                 - 118 -    

     1             (III)  ATTEND AN ALCOHOL HIGHWAY SAFETY SCHOOL
     2         APPROVED BY THE DEPARTMENT; AND
     3             (IV)  COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT
     4         REQUIREMENTS IMPOSED UNDER SECTIONS 3814 AND 3815.
     5         (2)  FOR A SECOND OFFENSE, TO:
     6             (I)  UNDERGO IMPRISONMENT OF NOT LESS THAN 30 DAYS
     7         NOR MORE THAN SIX MONTHS;
     8             (II)  PAY A FINE OF NOT LESS THAN $750 NOR MORE THAN
     9         $5,000;
    10             (III)  ATTEND AN ALCOHOL HIGHWAY SAFETY SCHOOL
    11         APPROVED BY THE DEPARTMENT; AND
    12             (IV)  COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT
    13         REQUIREMENTS IMPOSED UNDER SECTIONS 3814 AND 3815.
    14         (3)  FOR A THIRD OFFENSE, TO:
    15             (I)  UNDERGO IMPRISONMENT OF NOT LESS THAN 120 DAYS
    16         NOR MORE THAN FIVE YEARS;
    17             (II)  PAY A FINE OF NOT LESS THAN $1,500 NOR MORE
    18         THAN $10,000; AND
    19             (III)  COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT
    20         REQUIREMENTS IMPOSED UNDER SECTIONS 3814 AND 3815.
    21         (4)  FOR A FOURTH OR SUBSEQUENT OFFENSE, TO:
    22             (I)  UNDERGO IMPRISONMENT OF NOT LESS THAN ONE YEAR
    23         NOR MORE THAN FIVE YEARS;
    24             (II)  PAY A FINE OF NOT LESS THAN $1,500 NOR MORE
    25         THAN $10,000; AND
    26             (III)  COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT
    27         REQUIREMENTS IMPOSED UNDER SECTIONS 3814 AND 3815.
    28     (C)  INCAPACITY; HIGHEST BLOOD ALCOHOL; CONTROLLED
    29  SUBSTANCES.--AN INDIVIDUAL CONVICTED OF VIOLATING SECTION
    30  3802(A)(1) AFTER HAVING REFUSED TESTING OF BLOOD OR BREATH OR OF
    20030S0008B1078                 - 119 -    

     1  VIOLATING SECTION 3802(C) OR (D) SHALL BE SENTENCED AS FOLLOWS:
     2         (1)  FOR A FIRST OFFENSE, TO:
     3             (I)  UNDERGO IMPRISONMENT OF NOT LESS THAN FIVE
     4         CONSECUTIVE DAYS NOR MORE THAN SIX MONTHS;
     5             (II)  PAY A FINE OF NOT LESS THAN $1,000 NOR MORE
     6         THAN $5,000;
     7             (III)  ATTEND AN ALCOHOL HIGHWAY SAFETY SCHOOL
     8         APPROVED BY THE DEPARTMENT; AND
     9             (IV)  COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT
    10         REQUIREMENTS IMPOSED UNDER SECTIONS 3814 AND 3815.
    11         (2)  FOR A SECOND OFFENSE, TO:
    12             (I)  UNDERGO IMPRISONMENT OF NOT LESS THAN 90 DAYS
    13         NOR MORE THAN FIVE YEARS;
    14             (II)  PAY A FINE OF NOT LESS THAN $1,500;
    15             (III)  ATTEND AN ALCOHOL HIGHWAY SAFETY SCHOOL
    16         APPROVED BY THE DEPARTMENT; AND
    17             (IV)  COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT
    18         REQUIREMENTS IMPOSED UNDER SECTIONS 3814 AND 3815.
    19         (3)  FOR A THIRD OR SUBSEQUENT OFFENSE, TO:
    20             (I)  UNDERGO IMPRISONMENT OF NOT LESS THAN ONE YEAR
    21         NOR MORE THAN FIVE YEARS;
    22             (II)  PAY A FINE OF NOT LESS THAN $2,500; AND
    23             (III)  COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT
    24         REQUIREMENTS IMPOSED UNDER SECTIONS 3814 AND 3815.
    25     (D)  EXTENDED SUPERVISION OF COURT.--WHERE A PERSON IS
    26  SENTENCED PURSUANT TO THIS CHAPTER AND FOLLOWING THE INITIAL
    27  ASSESSMENT REQUIRED BY SECTION 3814(1), THE PERSON IS DETERMINED
    28  TO BE IN NEED OF ADDITIONAL TREATMENT PURSUANT TO SECTION
    29  3814(2), THE JUDGE SHALL IMPOSE A MINIMUM SENTENCE AS PROVIDED
    30  BY LAW AND A MAXIMUM SENTENCE EQUAL TO THE STATUTORILY AVAILABLE
    20030S0008B1078                 - 120 -    

     1  MAXIMUM.
     2     (E)  SUSPENSION OF OPERATING PRIVILEGES UPON CONVICTION.--
     3         (1)  THE DEPARTMENT SHALL SUSPEND THE OPERATING PRIVILEGE
     4     OF AN INDIVIDUAL UNDER PARAGRAPH (2) UPON RECEIVING A
     5     CERTIFIED RECORD OF THE INDIVIDUAL'S CONVICTION OF OR AN
     6     ADJUDICATION OF DELINQUENCY FOR:
     7             (I)  AN OFFENSE UNDER SECTION 3802; OR
     8             (II)  A SUBSTANTIALLY SIMILAR OFFENSE REPORTED TO THE
     9         DEPARTMENT UNDER ARTICLE III OF THE COMPACT IN SECTION
    10         1581 (RELATING TO DRIVER'S LICENSE COMPACT).
    11         (2)  SUSPENSION UNDER PARAGRAPH (1)(I) SHALL BE IN
    12     ACCORDANCE WITH THE FOLLOWING:
    13             (I)  EXCEPT AS PROVIDED FOR IN SUBPARAGRAPH (III), 12
    14         MONTHS FOR AN UNGRADED MISDEMEANOR OR MISDEMEANOR OF THE
    15         SECOND DEGREE UNDER THIS CHAPTER.
    16             (II)  24 MONTHS FOR A MISDEMEANOR OF THE FIRST DEGREE
    17         UNDER THIS CHAPTER.
    18             (III)  THERE SHALL BE NO SUSPENSION FOR AN UNGRADED
    19         MISDEMEANOR UNDER SECTION 3802(A) WHERE THE PERSON HAS NO
    20         PRIOR OFFENSE.
    21         (3)  SUSPENSION IMPOSED UNDER PARAGRAPH (1)(II) SHALL BE
    22     IN ACCORDANCE WITH THE FOLLOWING:
    23             (I)  EXCEPT AS SET FORTH IN SUBPARAGRAPH (II), THE
    24         PERIOD SHALL BE SIX MONTHS.
    25             (II)  IF THE INDIVIDUAL HAS A PRIOR OFFENSE AS
    26         DEFINED BY SECTION 3806(A) (RELATING TO PRIOR OFFENSES),
    27         THE PERIOD SHALL BE ONE YEAR.
    28             (III)  NOTWITHSTANDING ANY PROVISION OF LAW OR
    29         ENFORCEMENT AGREEMENT TO THE CONTRARY, A SUSPENSION
    30         IMPOSED PURSUANT TO PARAGRAPH (1)(II) SHALL DATE FROM AND
    20030S0008B1078                 - 121 -    

     1         RUN CONCURRENTLY TO ANY SUSPENSION IMPOSED BY THE
     2         REPORTING PARTY STATE.
     3     (F)  COMMUNITY SERVICE ASSIGNMENTS.--IN ADDITION TO THE
     4  PENALTIES SET FORTH IN THIS SECTION, THE SENTENCING JUDGE MAY
     5  IMPOSE UP TO 150 HOURS OF COMMUNITY SERVICE. WHERE THE
     6  INDIVIDUAL HAS BEEN ORDERED TO DRUG AND ALCOHOL TREATMENT
     7  PURSUANT TO SECTIONS 3814 AND 3815, THE COMMUNITY SERVICE SHALL
     8  BE CERTIFIED BY THE DRUG AND ALCOHOL TREATMENT PROGRAM AS
     9  CONSISTENT WITH ANY DRUG AND ALCOHOL TREATMENT REQUIREMENTS
    10  IMPOSED UNDER SECTIONS 3814 AND 3815.
    11     (G)  COURT-ORDERED IGNITION INTERLOCK.--IF THE PERSON HAS A
    12  PRIOR OFFENSE AS DEFINED IN SECTION 3806(A), THE COURT SHALL
    13  ORDER THE DEPARTMENT TO REQUIRE AN IGNITION INTERLOCK SYSTEM
    14  UNDER SECTION 3805 (RELATING TO IGNITION INTERLOCK).
    15     (H)  SENTENCING GUIDELINES.--THE SENTENCING GUIDELINES
    16  PROMULGATED BY THE PENNSYLVANIA COMMISSION ON SENTENCING SHALL
    17  NOT SUPERSEDE THE MANDATORY PENALTIES OF THIS SECTION.
    18     (I)  APPEAL.--THE COMMONWEALTH HAS THE RIGHT TO APPEAL
    19  DIRECTLY TO THE SUPERIOR COURT ANY ORDER OF COURT WHICH IMPOSES
    20  A SENTENCE FOR VIOLATION OF THIS SECTION WHICH DOES NOT MEET THE
    21  REQUIREMENTS OF THIS SECTION. THE SUPERIOR COURT SHALL REMAND
    22  THE CASE TO THE SENTENCING COURT FOR IMPOSITION OF A SENTENCE IN
    23  ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.
    24     (J)  FIRST CLASS CITIES.--NOTWITHSTANDING THE PROVISION FOR
    25  DIRECT APPEAL TO THE SUPERIOR COURT, IF, IN A CITY OF THE FIRST
    26  CLASS, A PERSON APPEALS FROM A JUDGMENT OF SENTENCE UNDER THIS
    27  SECTION FROM THE MUNICIPAL COURT TO THE COMMON PLEAS COURT FOR A
    28  TRIAL DE NOVO, THE COMMONWEALTH SHALL HAVE THE RIGHT TO APPEAL
    29  DIRECTLY TO THE SUPERIOR COURT FROM THE ORDER OF THE COMMON
    30  PLEAS COURT IF THE SENTENCE IMPOSED IS IN VIOLATION OF THIS
    20030S0008B1078                 - 122 -    

     1  SECTION. IF, IN A CITY OF THE FIRST CLASS, A PERSON APPEALS TO
     2  THE COURT OF COMMON PLEAS AFTER CONVICTION OF A VIOLATION OF
     3  THIS SECTION IN THE MUNICIPAL COURT AND THEREAFTER WITHDRAWS HIS
     4  APPEAL TO THE COMMON PLEAS COURT, THEREBY REINSTATING THE
     5  JUDGMENT OF SENTENCE OF THE MUNICIPAL COURT, THE COMMONWEALTH
     6  SHALL HAVE 30 DAYS FROM THE DATE OF THE WITHDRAWAL TO APPEAL TO
     7  THE SUPERIOR COURT IF THE SENTENCE IS IN VIOLATION OF THIS
     8  SECTION.
     9  § 3805.  IGNITION INTERLOCK.
    10     (A)  GENERAL RULE.--WHERE A PERSON VIOLATES SECTION 3802
    11  (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED
    12  SUBSTANCE) AND HAS A PRIOR OFFENSE AS DEFINED IN SECTION 3806(A)
    13  (RELATING TO PRIOR OFFENSES) AND THE PERSON SEEKS A RESTORATION
    14  OF OPERATING PRIVILEGES, THE DEPARTMENT SHALL REQUIRE AS A
    15  CONDITION OF ISSUING A RESTRICTED LICENSE PURSUANT TO THIS
    16  SECTION THAT ANY OF THE FOLLOWING OCCUR:
    17         (1)  EACH MOTOR VEHICLE OWNED BY THE PERSON OR REGISTERED
    18     TO THE PERSON HAS BEEN EQUIPPED WITH AN APPROVED IGNITION
    19     INTERLOCK SYSTEM AND REMAINS SO FOR THE DURATION OF THE
    20     RESTRICTED LICENSE PERIOD.
    21         (2)  IF THERE ARE NO VEHICLES OWNED BY THE PERSON OR
    22     REGISTERED TO THE PERSON THAT THE PERSON SO CERTIFY TO THE
    23     DEPARTMENT. A PERSON SO CERTIFYING SHALL BE DEEMED TO HAVE
    24     SATISFIED THE REQUIREMENT THAT ALL VEHICLES OWNED BY THE
    25     PERSON OR REGISTERED TO THE PERSON BE EQUIPPED WITH AN
    26     IGNITION INTERLOCK SYSTEM AS REQUIRED BY THIS SUBSECTION.
    27     (B)  APPLICATION FOR A RESTRICTED LICENSE.--A PERSON SUBJECT
    28  TO THIS SECTION SHALL APPLY TO THE DEPARTMENT FOR AN IGNITION
    29  INTERLOCK RESTRICTED LICENSE UNDER SECTION 1951 (RELATING TO
    30  DRIVER'S LICENSE AND LEARNER'S PERMIT), WHICH SHALL BE CLEARLY
    20030S0008B1078                 - 123 -    

     1  MARKED TO RESTRICT THE PERSON TO OPERATING ONLY MOTOR VEHICLES
     2  EQUIPPED WITH AN APPROVED IGNITION INTERLOCK SYSTEM. UPON
     3  ISSUANCE OF AN IGNITION INTERLOCK RESTRICTED LICENSE TO ANY
     4  PERSON, THE DEPARTMENT SHALL NOTIFY THE PERSON THAT UNTIL THE
     5  PERSON OBTAINS AN UNRESTRICTED LICENSE THE PERSON MAY NOT OWN,
     6  REGISTER OR OPERATE ANY VEHICLE WHICH IS NOT EQUIPPED WITH AN
     7  APPROVED IGNITION INTERLOCK SYSTEM.
     8     (C)  ISSUANCE OF UNRESTRICTED LICENSE.--ONE YEAR FROM THE
     9  DATE OF ISSUANCE OF AN IGNITION INTERLOCK RESTRICTED LICENSE
    10  UNDER THIS SECTION, IF OTHERWISE ELIGIBLE, A PERSON MAY APPLY
    11  FOR A REPLACEMENT LICENSE UNDER SECTION 1951(D) THAT DOES NOT
    12  CONTAIN THE IGNITION INTERLOCK SYSTEM RESTRICTION.
    13     (D)  PROHIBITION.--UNTIL THE PERSON OBTAINS AN UNRESTRICTED
    14  LICENSE, THE PERSON MAY NOT OWN, REGISTER OR OPERATE ANY MOTOR
    15  VEHICLE ON A HIGHWAY WITHIN THIS COMMONWEALTH UNLESS THE MOTOR
    16  VEHICLE IS EQUIPPED WITH AN APPROVED IGNITION INTERLOCK SYSTEM.
    17     (E)  ECONOMIC HARDSHIP EXEMPTION.--A PERSON SUBJECT TO THE
    18  REQUIREMENTS OF SUBSECTION (A) MAY APPLY TO THE DEPARTMENT FOR A
    19  HARDSHIP EXEMPTION TO THE REQUIREMENT THAT AN IGNITION INTERLOCK
    20  SYSTEM MUST BE INSTALLED IN EACH OF THE PERSON'S MOTOR VEHICLES.
    21  WHERE THE DEPARTMENT DETERMINES THAT THE APPLICANT ESTABLISHES
    22  THAT SUCH A REQUIREMENT WOULD RESULT IN UNDUE FINANCIAL
    23  HARDSHIP, THE DEPARTMENT MAY PERMIT THE APPLICANT TO INSTALL AN
    24  IGNITION INTERLOCK SYSTEM ON ONLY ONE OF THE APPLICANT'S
    25  VEHICLES. HOWEVER, THE APPLICANT IN ACCORDANCE WITH SECTION 3808
    26  (RELATING TO ILLEGALLY OPERATING A MOTOR VEHICLE NOT EQUIPPED
    27  WITH IGNITION INTERLOCK) SHALL BE PROHIBITED FROM DRIVING ANY
    28  VEHICLE, INCLUDING ANY OF THE APPLICANT'S VEHICLES, WITHOUT AN
    29  IGNITION INTERLOCK SYSTEM.
    30     (F)  EMPLOYMENT EXEMPTION.--IF A PERSON WITH A RESTRICTED
    20030S0008B1078                 - 124 -    

     1  LICENSE IS REQUIRED IN THE COURSE AND SCOPE OF EMPLOYMENT TO
     2  OPERATE A MOTOR VEHICLE OWNED BY THE PERSON'S EMPLOYER, THE
     3  FOLLOWING APPLY:
     4         (1)  EXCEPT AS SET FORTH IN PARAGRAPH (2), THE PERSON MAY
     5     OPERATE THAT MOTOR VEHICLE IN THE COURSE AND SCOPE OF
     6     EMPLOYMENT WITHOUT INSTALLATION OF AN IGNITION INTERLOCK
     7     SYSTEM IF:
     8             (I)  THE EMPLOYER HAS BEEN NOTIFIED THAT THE EMPLOYEE
     9         IS RESTRICTED; AND
    10             (II)  THE EMPLOYEE HAS PROOF OF THE NOTIFICATION IN
    11         THE EMPLOYEE'S POSSESSION WHILE OPERATING THE EMPLOYER'S
    12         MOTOR VEHICLE.
    13         (2)  PARAGRAPH (1) DOES NOT APPLY IN ANY OF THE FOLLOWING
    14     CIRCUMSTANCES:
    15             (I)  TO THE EXTENT THAT AN EMPLOYER-OWNED MOTOR
    16         VEHICLE IS MADE AVAILABLE TO THE EMPLOYEE FOR PERSONAL
    17         USE.
    18             (II)  IF THE EMPLOYER-OWNED MOTOR VEHICLE IS OWNED BY
    19         AN ENTITY WHICH IS WHOLLY OR PARTIALLY OWNED BY THE
    20         PERSON SUBJECT TO THIS SECTION.
    21  § 3806.  PRIOR OFFENSES.
    22     (A)  GENERAL RULE.--EXCEPT AS SET FORTH IN SUBSECTION (B),
    23  THE TERM "PRIOR OFFENSE" AS USED IN THIS CHAPTER SHALL MEAN A
    24  CONVICTION, ADJUDICATION OF DELINQUENCY, JUVENILE CONSENT
    25  DECREE, ACCEPTANCE OF ACCELERATED REHABILITATIVE DISPOSITION OR
    26  OTHER FORM OF PRELIMINARY DISPOSITION BEFORE THE SENTENCING ON
    27  THE PRESENT VIOLATION FOR ANY OF THE FOLLOWING:
    28         (1)  AN OFFENSE UNDER FORMER SECTION 3731 (RELATING TO
    29     DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE);
    30         (2)  AN OFFENSE UNDER SECTION 3802 (RELATING TO DRIVING
    20030S0008B1078                 - 125 -    

     1     UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE);
     2         (3)  AN OFFENSE SUBSTANTIALLY SIMILAR TO AN OFFENSE UNDER
     3     PARAGRAPHS (1) OR (2) IN ANOTHER JURISDICTION; OR
     4         (4)  ANY COMBINATION OF THE OFFENSES SET FORTH IN
     5     PARAGRAPHS (1), (2) OR (3).
     6     (B)  EXCEPTIONS.--FOR PURPOSES OF SECTION 3804 (RELATING TO
     7  PENALTIES), THE CALCULATION OF PRIOR AND SUBSEQUENT OFFENSES
     8  SHALL INCLUDE ANY CONVICTION, ADJUDICATION OF DELINQUENCY,
     9  JUVENILE CONSENT DECREE, ACCEPTANCE OF ACCELERATED
    10  REHABILITATIVE DISPOSITION OR OTHER FORM OF PRELIMINARY
    11  DISPOSITION WITHIN THE TEN YEARS BEFORE THE PRESENT VIOLATION
    12  OCCURRED FOR ANY OF THE FOLLOWING:
    13         (1)  AN OFFENSE UNDER FORMER SECTION 3731;
    14         (2)  AN OFFENSE UNDER SECTION 3802;
    15         (3)  AN OFFENSE SUBSTANTIALLY SIMILAR TO AN OFFENSE UNDER
    16     PARAGRAPH (1) OR (2) IN ANOTHER JURISDICTION; OR
    17         (4)  ANY COMBINATION OF THE OFFENSES SET FORTH IN
    18     PARAGRAPH (1), (2) OR (3).
    19  § 3807.  ACCELERATED REHABILITATIVE DISPOSITION.
    20     (A)  ELIGIBILITY.--
    21         (1)  EXCEPT AS SET FORTH IN PARAGRAPH (2), A DEFENDANT
    22     CHARGED WITH A VIOLATION OF SECTION 3802 (RELATING TO DRIVING
    23     UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE) MAY BE
    24     CONSIDERED BY THE ATTORNEY FOR THE COMMONWEALTH FOR
    25     PARTICIPATION IN AN ACCELERATED REHABILITATIVE DISPOSITION
    26     PROGRAM IN A COUNTY IF THE PROGRAM INCLUDES THE MINIMUM
    27     REQUIREMENTS CONTAINED IN THIS SECTION.
    28         (2)  THE ATTORNEY FOR THE COMMONWEALTH SHALL NOT SUBMIT A
    29     CHARGE BROUGHT UNDER THIS CHAPTER FOR ACCELERATED
    30     REHABILITATIVE DISPOSITION IF ANY OF THE FOLLOWING APPLY:
    20030S0008B1078                 - 126 -    

     1             (I)  THE DEFENDANT HAS BEEN FOUND GUILTY OF OR
     2         ACCEPTED ACCELERATED REHABILITATIVE DISPOSITION OF A
     3         CHARGE BROUGHT UNDER SECTION 3802 WITHIN TEN YEARS OF THE
     4         DATE OF THE CURRENT OFFENSE UNLESS THE CHARGE WAS FOR AN
     5         UNGRADED MISDEMEANOR UNDER SECTION 3802(A)(2) AND WAS THE
     6         DEFENDANT'S FIRST OFFENSE UNDER SECTION 3802.
     7             (II)  AN ACCIDENT OCCURRED IN CONNECTION WITH THE
     8         EVENTS SURROUNDING THE CURRENT OFFENSE AND AN INDIVIDUAL
     9         OTHER THAN THE DEFENDANT WAS KILLED OR SUFFERED SERIOUS
    10         BODILY INJURY AS A RESULT OF THE ACCIDENT.
    11             (III)  THERE WAS A PASSENGER UNDER 14 YEARS OF AGE IN
    12         THE VEHICLE THE DEFENDANT WAS OPERATING.
    13     (B)  EVALUATION AND TREATMENT.--
    14         (1)  A DEFENDANT OFFERED ACCELERATED REHABILITATIVE
    15     DISPOSITION FOR A VIOLATION OF SECTION 3802 IS, AS A
    16     CONDITION OF PARTICIPATION IN THE PROGRAM, SUBJECT TO THE
    17     FOLLOWING REQUIREMENTS IN ADDITION TO ANY OTHER CONDITIONS OF
    18     PARTICIPATION IMPOSED BY THE COURT:
    19             (I)  THE DEFENDANT MUST ATTEND AND SUCCESSFULLY
    20         COMPLETE AN ALCOHOL HIGHWAY SAFETY SCHOOL ESTABLISHED
    21         UNDER SECTION 1549 (RELATING TO ESTABLISHMENT OF
    22         SCHOOLS). A PARTICIPATING DEFENDANT SHALL BE GIVEN BOTH
    23         ORAL AND WRITTEN NOTICE OF THE PROVISIONS OF SECTION
    24         1543(B) (RELATING TO DRIVING WHILE OPERATING PRIVILEGE IS
    25         SUSPENDED OR REVOKED).
    26             (II)  PRIOR TO RECEIVING ACCELERATED REHABILITATIVE
    27         DISPOSITION OR OTHER PRELIMINARY DISPOSITION, THE
    28         DEFENDANT MUST BE EVALUATED UNDER SECTION 3816(A)
    29         (RELATING TO REQUIREMENTS FOR DRIVING UNDER INFLUENCE
    30         OFFENDERS) TO DETERMINE THE EXTENT OF THE DEFENDANT'S
    20030S0008B1078                 - 127 -    

     1         INVOLVEMENT WITH ALCOHOL OR OTHER DRUG AND TO ASSIST THE
     2         COURT IN DETERMINING WHAT CONDITIONS OF ACCELERATED
     3         REHABILITATIVE DISPOSITION WOULD BENEFIT THE DEFENDANT
     4         AND THE PUBLIC. IF THE EVALUATION INDICATES THERE IS A
     5         NEED FOR COUNSELING OR TREATMENT, THE DEFENDANT SHALL BE
     6         SUBJECT TO A FULL ASSESSMENT FOR ALCOHOL AND DRUG
     7         ADDICTION IN ACCORDANCE WITH THE PROVISIONS OF SECTION
     8         3814(3) AND (4) (RELATING TO DRUG AND ALCOHOL
     9         ASSESSMENTS).
    10             (III)  IF THE DEFENDANT IS ASSESSED UNDER
    11         SUBPARAGRAPH (II) TO BE IN NEED OF TREATMENT, THE
    12         DEFENDANT MUST PARTICIPATE AND COOPERATE WITH A LICENSED
    13         ALCOHOL OR DRUG ADDICTION TREATMENT PROGRAM. THE LEVEL
    14         AND DURATION OF TREATMENT SHALL BE IN ACCORDANCE WITH THE
    15         RECOMMENDATIONS WITH THE FULL ASSESSMENT. NOTHING IN THIS
    16         SUBPARAGRAPH SHALL PREVENT A TREATMENT PROGRAM FROM
    17         REFUSING TO ACCEPT A DEFENDANT IF THE PROGRAM
    18         ADMINISTRATOR DEEMS THE DEFENDANT TO BE INAPPROPRIATE FOR
    19         ADMISSION TO THE PROGRAM. A TREATMENT PROGRAM SHALL
    20         RETAIN THE RIGHT TO IMMEDIATELY DISCHARGE INTO THE
    21         CUSTODY OF THE PROBATION OFFICER AN OFFENDER WHO FAILS TO
    22         COMPLY WITH PROGRAM RULES AND TREATMENT EXPECTATIONS OR
    23         REFUSES TO CONSTRUCTIVELY ENGAGE IN THE TREATMENT
    24         PROCESS.
    25             (IV)  THE DEFENDANT MUST REMAIN SUBJECT TO COURT
    26         SUPERVISION FOR SIX MONTHS.
    27             (V)  THE DEFENDANT MUST MAKE RESTITUTION TO ANY
    28         PERSON THAT INCURRED DETERMINABLE FINANCIAL LOSS AS A
    29         RESULT OF THE DEFENDANT'S ACTIONS WHICH RESULTED IN THE
    30         OFFENSE. RESTITUTION MUST BE SUBJECT TO COURT
    20030S0008B1078                 - 128 -    

     1         SUPERVISION.
     2             (VI)  THE DEFENDANT MUST PAY THE REASONABLE COSTS OF
     3         A MUNICIPAL CORPORATION IN CONNECTION WITH THE OFFENSE.
     4         FEES IMPOSED UNDER THIS SUBPARAGRAPH SHALL BE DISTRIBUTED
     5         TO THE AFFECTED MUNICIPAL CORPORATION.
     6             (VII)  THE DEFENDANT MUST PAY ANY OTHER FEE,
     7         SURCHARGE OR COST REQUIRED BY LAW. EXCEPT AS SET FORTH IN
     8         SUBPARAGRAPH (VI) OR (VIII), A FEE OR FINANCIAL CONDITION
     9         IMPOSED BY A JUDGE AS A CONDITION OF ACCELERATED
    10         REHABILITATIVE DISPOSITION OR ANY OTHER PRELIMINARY
    11         DISPOSITION OF ANY CHARGE UNDER THIS CHAPTER SHALL BE
    12         DISTRIBUTED AS PROVIDED FOR IN 42 PA.C.S. §§ 3571
    13         (RELATING TO COMMONWEALTH PORTION OF FINES, ETC.) AND
    14         3573 (RELATING TO MUNICIPAL CORPORATION PORTION OF FINES,
    15         ETC.).
    16             (VIII)  THE DEFENDANT MUST PAY THE COSTS OF
    17         COMPLIANCE WITH SUBPARAGRAPHS (I), (II) AND (III).
    18         (2)  THE DEFENDANT SHALL BE SUBJECT TO A FULL ASSESSMENT
    19     FOR ALCOHOL AND DRUG ADDICTION IF ANY OF THE FOLLOWING APPLY:
    20             (I)  THE EVALUATION UNDER PARAGRAPH (1)(II) INDICATES
    21         A LIKELIHOOD THAT THE DEFENDANT IS ADDICTED TO ALCOHOL OR
    22         OTHER DRUGS.
    23             (II)  THE DEFENDANT'S BLOOD ALCOHOL CONTENT AT THE
    24         TIME OF THE OFFENSE WAS AT LEAST .16%.
    25         (3)  THE ASSESSMENT UNDER PARAGRAPH (2) SHALL BE
    26     CONDUCTED BY ONE OF THE FOLLOWING:
    27             (I)  THE DEPARTMENT OF HEALTH OR ITS DESIGNEE.
    28             (II)  THE COUNTY AGENCY WITH RESPONSIBILITY FOR
    29         COUNTY DRUG AND ALCOHOL PROGRAMS OR ITS DESIGNEE.
    30             (III)  THE CLINICAL PERSONNEL OF A FACILITY LICENSED
    20030S0008B1078                 - 129 -    

     1         BY THE DEPARTMENT OF HEALTH FOR THE CONDUCT OF DRUG AND
     2         ALCOHOL ADDICTION TREATMENT PROGRAMS.
     3         (4)  THE ASSESSMENT UNDER PARAGRAPH (2) SHALL CONSIDER
     4     ISSUES OF PUBLIC SAFETY AND SHALL INCLUDE RECOMMENDATIONS FOR
     5     ALL OF THE FOLLOWING:
     6             (I)  LENGTH OF STAY.
     7             (II)  LEVELS OF CARE.
     8             (III)  FOLLOW-UP CARE AND MONITORING.
     9     (C)  INSURANCE.--IF AN INDIVIDUAL WHO IS A SUBSCRIBER TO A
    10  HEALTH INSURANCE, HEALTH MAINTENANCE ORGANIZATION OR OTHER
    11  HEALTH PLAN THAT IS DOING BUSINESS IN THIS COMMONWEALTH, THE
    12  INDIVIDUAL MAY NOT BE DEPRIVED OF ALCOHOL AND OTHER DRUG ABUSE
    13  AND ADDICTION TREATMENT OR COVERAGE WITHIN THE SCOPE OF THAT
    14  PLAN DUE TO THE IDENTIFICATION OF AN ALCOHOL OR OTHER DRUG
    15  PROBLEM WHICH OCCURS AS A RESULT OF AN ASSESSMENT UNDER THIS
    16  SECTION.
    17     (D)  MANDATORY SUSPENSION OF OPERATING PRIVILEGES.--AS A
    18  CONDITION OF PARTICIPATION IN AN ACCELERATED REHABILITATIVE
    19  DISPOSITION PROGRAM, THE COURT SHALL ORDER THE DEFENDANT'S
    20  LICENSE SUSPENDED AS FOLLOWS:
    21         (1)  THERE SHALL BE NO LICENSE SUSPENSION IF THE
    22     DEFENDANT'S BLOOD ALCOHOL CONCENTRATION AT THE TIME OF
    23     TESTING WAS LESS THAN .10%.
    24         (2)  FOR 30 DAYS, IF THE DEFENDANT'S BLOOD ALCOHOL
    25     CONCENTRATION AT THE TIME OF TESTING WAS AT LEAST .10% BUT
    26     LESS THAN .16%.
    27         (3)  FOR 60 DAYS, IF:
    28             (I)  THE DEFENDANT'S BLOOD ALCOHOL CONCENTRATION AT
    29         THE TIME OF TESTING WAS .16% OR HIGHER;
    30             (II)  THE DEFENDANT'S BLOOD ALCOHOL CONCENTRATION IS
    20030S0008B1078                 - 130 -    

     1         NOT KNOWN; OR
     2             (III)  AN ACCIDENT WHICH RESULTED IN BODILY INJURY OR
     3         IN DAMAGE TO A VEHICLE OR OTHER PROPERTY OCCURRED IN
     4         CONNECTION WITH THE EVENTS SURROUNDING THE CURRENT
     5         OFFENSE.
     6     (E)  FAILURE TO COMPLY.--
     7         (1)  A DEFENDANT WHO FAILS TO COMPLETE ANY OF THE
     8     CONDITIONS OF PARTICIPATION CONTAINED IN THIS SECTION SHALL
     9     BE DEEMED TO HAVE UNSUCCESSFULLY PARTICIPATED IN AN
    10     ACCELERATED REHABILITATIVE DISPOSITION PROGRAM, AND THE
    11     CRIMINAL RECORD UNDERLYING PARTICIPATION IN THE PROGRAM SHALL
    12     NOT BE EXPUNGED.
    13         (2)  THE COURT SHALL DIRECT THE ATTORNEY FOR THE
    14     COMMONWEALTH TO PROCEED ON THE CHARGES AS PRESCRIBED IN THE
    15     RULES OF CRIMINAL PROCEDURE IF THE DEFENDANT:
    16             (I)  FAILS TO MEET ANY OF THE REQUIREMENTS OF THIS
    17         SECTION;
    18             (II)  IS CHARGED WITH OR COMMITS AN OFFENSE UNDER 18
    19         PA.C.S (RELATING TO CRIMES AND OFFENSES); OR
    20             (III)  VIOLATES ANY OTHER CONDITION IMPOSED BY THE
    21         COURT.
    22  § 3808.  ILLEGALLY OPERATING A MOTOR VEHICLE NOT EQUIPPED WITH
    23             IGNITION INTERLOCK.
    24     (A)  OFFENSE DEFINED.--
    25         (1)  AN INDIVIDUAL REQUIRED TO OPERATE ONLY A MOTOR
    26     VEHICLE EQUIPPED WITH AN APPROVED IGNITION INTERLOCK SYSTEM
    27     UNDER SECTION 1553(D.2) (RELATING TO OCCUPATIONAL LIMITED
    28     LICENSE) OR 3805 (RELATING TO IGNITION INTERLOCK) WHO
    29     OPERATES A MOTOR VEHICLE ON A HIGHWAY OF THIS COMMONWEALTH
    30     WITHOUT SUCH A SYSTEM COMMITS A SUMMARY OFFENSE AND SHALL,
    20030S0008B1078                 - 131 -    

     1     UPON CONVICTION, BE SENTENCED TO PAY A FINE OF NOT LESS THAN
     2     $300 AND NOT MORE THAN $1,000 AND TO IMPRISONMENT FOR NOT
     3     MORE THAN 90 DAYS.
     4         (2)  AN INDIVIDUAL REQUIRED TO OPERATE ONLY A MOTOR
     5     VEHICLE EQUIPPED WITH AN IGNITION INTERLOCK SYSTEM UNDER
     6     SECTION 1553(D.2) OR 3805 WHO OPERATES A MOTOR VEHICLE ON A
     7     HIGHWAY OF THIS COMMONWEALTH WITHOUT SUCH A SYSTEM AND WHO
     8     HAS AN AMOUNT OF ALCOHOL BY WEIGHT IN HIS BLOOD THAT IS EQUAL
     9     TO OR GREATER THAN .02% OR WHO HAS ANY AMOUNT OF A SCHEDULE
    10     I, II OR III CONTROLLED SUBSTANCE, AS DEFINED IN THE IN THE
    11     ACT OF APRIL 14, 1972 (P.L.233, NO.64), KNOWN AS THE
    12     CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT, OR ITS
    13     METABOLITE, WHICH HAS NOT BEEN MEDICALLY PRESCRIBED FOR THE
    14     INDIVIDUAL COMMITS A SUMMARY OFFENSE AND SHALL, UPON
    15     CONVICTION, BE SENTENCED TO PAY A FINE OF $1,000 AND TO
    16     UNDERGO IMPRISONMENT FOR A PERIOD OF NOT LESS THAN 90 DAYS.
    17     (B)  TAMPERING WITH AN INTERLOCK SYSTEM.--A PERSON THAT
    18  TAMPERS WITH AN IGNITION INTERLOCK SYSTEM REQUIRED BY LAW
    19  COMMITS A SUMMARY OFFENSE AND SHALL, UPON CONVICTION, BE
    20  SENTENCED TO PAY A FINE OF NOT LESS THAN $300 NOR MORE THAN
    21  $1,000 AND TO UNDERGO IMPRISONMENT FOR NOT MORE THAN 90 DAYS.
    22  THE TERM "TAMPERING" IN ADDITION TO ANY PHYSICAL ACT WHICH IS
    23  INTENDED TO ALTER OR INTERFERE WITH THE PROPER FUNCTIONING OF AN
    24  IGNITION INTERLOCK DEVICE REQUIRED BY LAW SHALL INCLUDE
    25  ATTEMPTING TO CIRCUMVENT OR BYPASS OR CIRCUMVENTING OR BYPASSING
    26  AN IGNITION INTERLOCK DEVICE BY:
    27         (1)  MEANS OF USING ANOTHER INDIVIDUAL TO PROVIDE A
    28     BREATH SAMPLE; OR
    29         (2)  PROVIDING A BREATH SAMPLE FOR THE PURPOSE OF
    30     BYPASSING AN IGNITION INTERLOCK DEVICE REQUIRED BY LAW.
    20030S0008B1078                 - 132 -    

     1     (C)  REVOCATION OF OPERATING PRIVILEGE.--UPON RECEIVING A
     2  CERTIFIED RECORD OF THE CONVICTION OF AN INDIVIDUAL UNDER THIS
     3  SECTION, THE DEPARTMENT SHALL REVOKE THE INDIVIDUAL'S OPERATING
     4  PRIVILEGE FOR A PERIOD OF ONE YEAR.
     5  § 3809.  RESTRICTION ON ALCOHOLIC BEVERAGES.
     6     (A)  GENERAL RULE.--EXCEPT AS SET FORTH IN SUBSECTION (B), AN
     7  INDIVIDUAL WHO IS AN OPERATOR OR AN OCCUPANT IN A MOTOR VEHICLE
     8  MAY NOT BE IN POSSESSION OF AN OPEN ALCOHOLIC BEVERAGE CONTAINER
     9  OR CONSUME A CONTROLLED SUBSTANCE AS DEFINED IN THE ACT OF APRIL
    10  14, 1972 (P.L.233, NO.64), KNOWN AS THE CONTROLLED SUBSTANCE,
    11  DRUG, DEVICE AND COSMETIC ACT, OR AN ALCOHOLIC BEVERAGE IN A
    12  MOTOR VEHICLE WHILE THE MOTOR VEHICLE IS LOCATED ON A HIGHWAY IN
    13  THIS COMMONWEALTH.
    14     (B)  EXCEPTION.--THIS SECTION DOES NOT PROHIBIT POSSESSION OR
    15  CONSUMPTION BY ANY OF THE FOLLOWING:
    16         (1)  A PASSENGER IN THE PASSENGER AREA OF A MOTOR VEHICLE
    17     DESIGNED, MAINTAINED OR USED PRIMARILY FOR THE LAWFUL
    18     TRANSPORTATION OF PERSONS FOR COMPENSATION. THIS PARAGRAPH
    19     INCLUDES BUSES, TAXIS AND LIMOUSINES.
    20         (2)  AN INDIVIDUAL IN THE LIVING QUARTERS OF A HOUSE
    21     COACH OR HOUSE TRAILER.
    22     (C)  PENALTY.--AN INDIVIDUAL WHO VIOLATES THIS SECTION
    23  COMMITS A SUMMARY OFFENSE.
    24  § 3810.  AUTHORIZED USE NOT A DEFENSE.
    25     THE FACT THAT A PERSON CHARGED WITH VIOLATING THIS CHAPTER IS
    26  OR HAS BEEN LEGALLY ENTITLED TO USE ALCOHOL OR CONTROLLED
    27  SUBSTANCES IS NOT A DEFENSE TO A CHARGE OF VIOLATING THIS
    28  CHAPTER.
    29  § 3811.  CERTAIN ARRESTS AUTHORIZED.
    30     (A)  WARRANT NOT REQUIRED.--IN ADDITION TO ANY OTHER POWERS
    20030S0008B1078                 - 133 -    

     1  OF ARREST, A POLICE OFFICER IS AUTHORIZED TO ARREST AN
     2  INDIVIDUAL WITHOUT A WARRANT IF THE OFFICER HAS PROBABLE CAUSE
     3  TO BELIEVE THAT THE INDIVIDUAL HAS VIOLATED SECTION 3802
     4  (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED
     5  SUBSTANCE), REGARDLESS OF WHETHER THE ALLEGED VIOLATION WAS
     6  COMMITTED IN THE PRESENCE OF THE POLICE OFFICER.
     7     (B)  TERRITORY.--THE AUTHORITY UNDER SUBSECTION (A) EXTENDS
     8  TO ANY HOSPITAL OR OTHER MEDICAL TREATMENT FACILITY LOCATED
     9  BEYOND THE TERRITORIAL LIMITS OF THE POLICE OFFICER'S POLITICAL
    10  SUBDIVISION AT WHICH AN INDIVIDUAL TO BE ARRESTED IS FOUND OR
    11  WAS TAKEN OR REMOVED FOR PURPOSES OF EMERGENCY TREATMENT,
    12  EXAMINATION OR EVALUATION AS LONG AS THERE IS PROBABLE CAUSE TO
    13  BELIEVE THAT THE VIOLATION OF SECTION 3802 OCCURRED WITHIN THE
    14  POLICE OFFICER'S POLITICAL SUBDIVISION.
    15  § 3812.  PRELIMINARY HEARING OR ARRAIGNMENT.
    16     THE PRESIDING JUDICIAL OFFICER AT THE PRELIMINARY HEARING OR
    17  PRELIMINARY ARRAIGNMENT RELATING TO A CHARGE OF A VIOLATION OF
    18  SECTION 3802 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR
    19  CONTROLLED SUBSTANCE) SHALL NOT REDUCE OR MODIFY THE ORIGINAL
    20  CHARGES WITHOUT THE CONSENT OF THE ATTORNEY FOR THE
    21  COMMONWEALTH.
    22  § 3813.  WORK RELEASE.
    23     IN ANY CASE IN WHICH AN INDIVIDUAL IS SENTENCED TO A PERIOD
    24  OF IMPRISONMENT AS A RESULT OF A CONVICTION FOR VIOLATING A
    25  PROVISION OF THIS CHAPTER, THE JUDICIAL OFFICER IMPOSING THE
    26  SENTENCE SHALL CONSIDER ASSIGNING THAT INDIVIDUAL TO A DAYTIME
    27  WORK RELEASE PROGRAM. ANY WORK RELEASE PROGRAM PERMITTED UNDER
    28  THIS SECTION SHALL BE CERTIFIED BY THE DRUG AND ALCOHOL
    29  TREATMENT PROGRAM ADMINISTRATION AS BEING CONSISTENT WITH ANY
    30  DRUG AND ALCOHOL TREATMENT REQUIREMENTS IMPOSED UNDER SECTION
    20030S0008B1078                 - 134 -    

     1  3814 (RELATING TO DRUG AND ALCOHOL ASSESSMENTS).
     2  § 3814.  DRUG AND ALCOHOL ASSESSMENTS.
     3     IF A DEFENDANT IS CONVICTED OR PLEADS GUILTY OR NO CONTEST TO
     4  A VIOLATION OF SECTION 3802 (RELATING TO DRIVING UNDER INFLUENCE
     5  OF ALCOHOL OR CONTROLLED SUBSTANCE), THE FOLLOWING APPLY PRIOR
     6  TO SENTENCING:
     7         (1)  THE DEFENDANT SHALL BE EVALUATED UNDER SECTION
     8     3816(A) (RELATING TO REQUIREMENTS FOR DRIVING UNDER INFLUENCE
     9     OFFENDERS) AND ANY OTHER ADDITIONAL EVALUATION TECHNIQUES
    10     DEEMED APPROPRIATE BY THE COURT TO DETERMINE THE EXTENT OF
    11     THE DEFENDANT'S INVOLVEMENT WITH ALCOHOL OR OTHER DRUG AND TO
    12     ASSIST THE COURT IN DETERMINING WHAT TYPE OF SENTENCE WOULD
    13     BENEFIT THE DEFENDANT AND THE PUBLIC.
    14         (2)  THE DEFENDANT SHALL BE SUBJECT TO A FULL ASSESSMENT
    15     FOR ALCOHOL AND DRUG ADDICTION IF ALL OF THE FOLLOWING
    16     SUBPARAGRAPHS APPLY:
    17             (I)  THE DEFENDANT, WITHIN TEN YEARS PRIOR TO THE
    18         OFFENSE FOR WHICH SENTENCE IS BEING IMPOSED, HAS BEEN
    19         SENTENCED FOR AN OFFENSE UNDER:
    20                 (A)  FORMER SECTION 3731 (RELATING TO DRIVING
    21             UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE);
    22                 (B)  SECTION 3802; OR
    23                 (C)  AN EQUIVALENT OFFENSE IN ANOTHER
    24             JURISDICTION.
    25             (II)  EITHER:
    26                 (A)  THE EVALUATION UNDER PARAGRAPH (1) INDICATES
    27             THERE IS A NEED FOR COUNSELING OR TREATMENT; OR
    28                 (B)  THE DEFENDANT'S BLOOD ALCOHOL CONTENT AT THE
    29             TIME OF THE OFFENSE WAS AT LEAST .16%.
    30         (3)  THE ASSESSMENT UNDER PARAGRAPH (2) SHALL BE
    20030S0008B1078                 - 135 -    

     1     CONDUCTED BY ONE OF THE FOLLOWING:
     2             (I)  THE DEPARTMENT OF HEALTH OR ITS DESIGNEE.
     3             (II)  THE COUNTY AGENCY WITH RESPONSIBILITY FOR
     4         COUNTY DRUG AND ALCOHOL PROGRAMS OR ITS DESIGNEE.
     5             (III)  THE CLINICAL PERSONNEL OF A FACILITY LICENSED
     6         BY THE DEPARTMENT OF HEALTH FOR THE CONDUCT OF DRUG AND
     7         ALCOHOL ADDICTION TREATMENT PROGRAMS.
     8         (4)  THE ASSESSMENT UNDER PARAGRAPH (2) SHALL CONSIDER
     9     ISSUES OF PUBLIC SAFETY AND SHALL INCLUDE RECOMMENDATIONS FOR
    10     ALL OF THE FOLLOWING:
    11             (I)  LENGTH OF STAY.
    12             (II)  LEVELS OF CARE.
    13             (III)  FOLLOW-UP CARE AND MONITORING.
    14  § 3815.  MANDATORY SENTENCING.
    15     (A)  COUNTY SUPERVISION.--NOTWITHSTANDING THE LENGTH OF ANY
    16  MAXIMUM TERM OF IMPRISONMENT REQUIRED BY SECTION 3804 (RELATING
    17  TO PENALTIES), THE SENTENCING JUDGE MAY SUBJECT THE OFFENDER TO
    18  THE SUPERVISION OF THE COUNTY PAROLE SYSTEM.
    19     (B)  PAROLE.--
    20         (1)  AN OFFENDER WHO IS DETERMINED PURSUANT TO SECTION
    21     3814 (RELATING TO DRUG AND ALCOHOL ASSESSMENTS) TO BE IN NEED
    22     OF DRUG AND ALCOHOL TREATMENT SHALL BE ELIGIBLE FOR PAROLE IN
    23     ACCORDANCE WITH THE TERMS AND CONDITIONS PRESCRIBED IN THIS
    24     SECTION FOLLOWING THE EXPIRATION OF THE OFFENDER'S MANDATORY
    25     MINIMUM TERM OF IMPRISONMENT.
    26         (2)  THE FOLLOWING SHALL BE CONDITIONS OF PAROLE:
    27             (I)  IF THE OFFENDER IS NOT DETERMINED UNDER THE
    28         PROCEDURES SET FORTH IN SECTION 3814 TO BE ADDICTED TO
    29         ALCOHOL OR ANOTHER SUBSTANCE, THE OFFENDER MUST REFRAIN
    30         FROM:
    20030S0008B1078                 - 136 -    

     1                 (A)  THE USE OF ILLEGAL CONTROLLED SUBSTANCES;
     2             AND
     3                 (B)  THE ABUSE OF PRESCRIPTION DRUGS, OVER-THE-
     4             COUNTER DRUGS OR ANY OTHER SUBSTANCES.
     5             (II)  IF THE OFFENDER IS DETERMINED UNDER THE
     6         PROCEDURES SET FORTH IN SECTION 3814 TO BE ADDICTED TO
     7         ALCOHOL OR ANOTHER SUBSTANCE, THE OFFENDER MUST DO ALL OF
     8         THE FOLLOWING:
     9                 (A)  REFRAIN FROM:
    10                     (I)  THE USE OF ALCOHOL OR ILLEGAL CONTROLLED
    11                 SUBSTANCES; AND
    12                     (II)  THE ABUSE OF PRESCRIPTION DRUGS, OVER-
    13                 THE-COUNTER DRUGS OR ANY OTHER SUBSTANCES.
    14                 (B)  PARTICIPATE IN AND COOPERATE WITH DRUG AND
    15             ALCOHOL ADDICTION TREATMENT UNDER SUBSECTION (C).
    16     (C)  TREATMENT.--
    17         (1)  TREATMENT MUST CONFORM TO ASSESSMENT RECOMMENDATIONS
    18     MADE UNDER SECTION 3814.
    19         (2)  TREATMENT MUST BE CONDUCTED BY A DRUG AND ALCOHOL
    20     ADDICTION TREATMENT PROGRAM LICENSED BY THE DEPARTMENT OF
    21     HEALTH.
    22         (3)  THE TREATMENT PROGRAM SHALL REPORT PERIODICALLY TO
    23     THE ASSIGNED PAROLE OFFICER ON THE OFFENDER'S PROGRESS IN THE
    24     TREATMENT PROGRAM. THE TREATMENT PROGRAM SHALL PROMPTLY
    25     NOTIFY THE PAROLE OFFICER IF THE OFFENDER:
    26             (I)  FAILS TO COMPLY WITH PROGRAM RULES AND TREATMENT
    27         EXPECTATIONS;
    28             (II)  REFUSES TO CONSTRUCTIVELY ENGAGE IN THE
    29         TREATMENT PROCESS; OR
    30             (III)  WITHOUT AUTHORIZATION TERMINATES PARTICIPATION
    20030S0008B1078                 - 137 -    

     1         IN THE TREATMENT PROGRAM.
     2         (4)  UPON NOTIFICATION UNDER PARAGRAPH (3), THE PAROLE
     3     OFFICER SHALL REPORT THE OFFENDER'S ACTIONS TO THE PAROLE
     4     AUTHORITY AND TO THE DEPARTMENT FOR COMPLIANCE WITH SECTION
     5     1553(E) (RELATING TO OCCUPATIONAL LIMITED LICENSE). THE
     6     PAROLE AUTHORITY SHALL SCHEDULE A REVOCATION HEARING TO
     7     CONSIDER RECOMMENDATIONS OF THE PAROLE OFFICER AND THE
     8     TREATMENT PROGRAM.
     9         (5)  NOTHING IN THIS SUBSECTION SHALL PREVENT A TREATMENT
    10     PROGRAM FROM REFUSING TO ACCEPT AN OFFENDER IF THE PROGRAM
    11     ADMINISTRATOR DEEMS THE OFFENDER TO BE INAPPROPRIATE FOR
    12     ADMISSION TO THE PROGRAM. A TREATMENT PROGRAM SHALL RETAIN
    13     THE RIGHT TO IMMEDIATELY DISCHARGE INTO THE CUSTODY OF THE
    14     ASSIGNED PAROLE OFFICER AN OFFENDER WHO FAILS TO COMPLY WITH
    15     PROGRAM RULES AND TREATMENT EXPECTATIONS OR REFUSES TO
    16     CONSTRUCTIVELY ENGAGE IN THE TREATMENT PROCESS.
    17     (D)  ENFORCEMENT.--
    18         (1)  THIS SUBSECTION APPLIES TO AN OFFENDER ORDERED TO
    19     PARTICIPATE IN A TREATMENT PROGRAM UNDER SUBSECTION
    20     (B)(2)(II) WHO:
    21             (I)  FAILS TO COMPLY WITH PROGRAM RULES AND TREATMENT
    22         EXPECTATIONS;
    23             (II)  REFUSES TO CONSTRUCTIVELY ENGAGE IN THE
    24         TREATMENT PROCESS; OR
    25             (III)  TERMINATES PARTICIPATION IN THE TREATMENT
    26         PROGRAM WITHOUT AUTHORIZATION.
    27         (2)  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ALL OF
    28     THE FOLLOWING APPLY TO AN OFFENDER UNDER PARAGRAPH (1):
    29             (I)  THE OFFENDER'S PAROLE, PRERELEASE, WORK RELEASE
    30         OR ANY OTHER RELEASE STATUS SHALL BE REVOKED.
    20030S0008B1078                 - 138 -    

     1             (II)  THE OFFENDER SHALL BE INELIGIBLE FOR PAROLE,
     2         PRERELEASE, WORK RELEASE OR ANY OTHER RELEASE FROM THE
     3         CORRECTIONAL FACILITY PRIOR TO THE EXPIRATION OF THE
     4         OFFENDER'S MAXIMUM TERM UNLESS THE OFFENDER IS PERMITTED
     5         TO BE READMITTED TO A TREATMENT PROGRAM.
     6         (3)  NOTHING IN THIS SUBSECTION SHALL BE CONSTRUED TO
     7     GRANT A LEGAL RIGHT TO PAROLE TO AN OFFENDER PREVIOUSLY
     8     INELIGIBLE FOR PAROLE, ON THE GROUNDS THAT THE OFFENDER IS
     9     CURRENTLY PREPARED TO PARTICIPATE IN, COMPLY WITH AND
    10     CONSTRUCTIVELY ENGAGE IN THE TREATMENT PROCESS. UNDER SUCH
    11     CIRCUMSTANCES, PAROLE OR REPAROLE OF THE OFFENDER SHALL BE AT
    12     THE PAROLE AUTHORITY'S DISCRETION.
    13     (E)  FOLLOW-UP.--AFTER AN OFFENDER HAS COMPLETED THE
    14  TREATMENT PROGRAM UNDER SUBSECTION (C), THE PAROLE OFFICER SHALL
    15  TAKE REASONABLE STEPS TO ENSURE THAT THE OFFENDER DOES NOT ABUSE
    16  ALCOHOL, USE ILLEGAL CONTROLLED SUBSTANCES OR ABUSE PRESCRIPTION
    17  DRUGS, OVER-THE-COUNTER DRUGS OR ANY OTHER SUCH SUBSTANCES.
    18  THESE REASONABLE STEPS INCLUDE REQUIRING CHEMICAL TESTING AND
    19  PERIODIC REASSESSMENT OF THE OFFENDER BY THE TREATMENT PROGRAM.
    20     (F)  FEES.--
    21         (1)  EXCEPT AS SET FORTH IN PARAGRAPH (2), THE PAROLE
    22     AUTHORITY SHALL IMPOSE UPON AN OFFENDER SUBJECT TO THIS
    23     SECTION REASONABLE FEES TO COVER THE COST OF ANY OF THE
    24     FOLLOWING:
    25             (I)  CHEMICAL TESTING OF THE OFFENDER REQUIRED UNDER
    26         THIS SECTION.
    27             (II)  AN ASSESSMENT OF THE OFFENDER REQUIRED UNDER
    28         THIS SECTION.
    29             (III)  DRUG OR ALCOHOL TREATMENT PROVIDED IN
    30         ACCORDANCE WITH THE ASSESSMENT.
    20030S0008B1078                 - 139 -    

     1         (2)  IF THE PAROLE AUTHORITY FINDS THE OFFENDER TO BE
     2     UNABLE TO PAY THE FULL AMOUNT OF THE FEES REQUIRED BY
     3     PARAGRAPH (1) AND SECTION 1541(D) (RELATING TO PERIOD OF
     4     DISQUALIFICATION, REVOCATION OR SUSPENSION OF OPERATING
     5     PRIVILEGE), IT SHALL REQUIRE THE OFFENDER TO PAY AS MUCH OF
     6     THE FEE AS IS CONSISTENT WITH THE OFFENDER'S ABILITY TO PAY
     7     AND SHALL DIRECT THE ASSIGNED PAROLE OFFICER TO ESTABLISH A
     8     REASONABLE PAYMENT SCHEDULE FOR THE OFFENDER TO PAY AS MUCH
     9     OF THE REMAINING FEES AS IS CONSISTENT WITH THE OFFENDER'S
    10     ABILITY TO PAY.
    11     (G)  INSURANCE.--IF AN INDIVIDUAL WHO IS A SUBSCRIBER TO A
    12  HEALTH INSURANCE, HEALTH MAINTENANCE ORGANIZATION OR OTHER
    13  HEALTH PLAN THAT IS DOING BUSINESS IN THIS COMMONWEALTH, THE
    14  INDIVIDUAL MAY NOT BE DEPRIVED OF ALCOHOL AND OTHER DRUG ABUSE
    15  AND ADDICTION TREATMENT OR COVERAGE WITHIN THE SCOPE OF THAT
    16  PLAN DUE TO THE IDENTIFICATION OF AN ALCOHOL OR OTHER DRUG
    17  PROBLEM WHICH OCCURS AS A RESULT OF AN ASSESSMENT UNDER THIS
    18  SECTION.
    19     (H)  ADDITIONAL FUNDING.--IN ORDER TO SUPPORT AND AUGMENT THE
    20  DIAGNOSTIC ASSESSMENT AND TREATMENT SERVICES PROVIDED UNDER THIS
    21  SECTION, THE DEPARTMENT OF HEALTH, THE DEPARTMENT AND THE
    22  PENNSYLVANIA COMMISSION ON CRIME AND DELINQUENCY SHALL SEEK ALL
    23  AVAILABLE FEDERAL FUNDING, INCLUDING FUNDS AVAILABLE THROUGH THE
    24  UNITED STATES NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION AND
    25  THE DEPARTMENT OF HEALTH AND HUMAN SERVICES.
    26  § 3816.  REQUIREMENTS FOR DRIVING UNDER INFLUENCE OFFENDERS.
    27     (A)  EVALUATION USING COURT REPORTING NETWORK.--IN ADDITION
    28  TO ANY OTHER REQUIREMENTS OF THE COURT, EVERY PERSON CONVICTED
    29  OF A VIOLATION OF SECTION 3802 (RELATING TO DRIVING UNDER
    30  INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE) AND EVERY PERSON
    20030S0008B1078                 - 140 -    

     1  OFFERED ACCELERATED REHABILITATIVE DISPOSITION AS A RESULT OF A
     2  CHARGE OF A VIOLATION OF SECTION 3802 SHALL, PRIOR TO SENTENCING
     3  OR RECEIVING ACCELERATED REHABILITATIVE DISPOSITION OR OTHER
     4  PRELIMINARY DISPOSITION, BE EVALUATED USING COURT REPORTING
     5  NETWORK INSTRUMENTS ISSUED BY THE DEPARTMENT AND ANY OTHER
     6  ADDITIONAL EVALUATION TECHNIQUES DEEMED APPROPRIATE BY THE COURT
     7  TO DETERMINE THE EXTENT OF THE PERSON'S INVOLVEMENT WITH ALCOHOL
     8  OR CONTROLLED SUBSTANCES AND TO ASSIST THE COURT IN DETERMINING
     9  WHAT SENTENCING, PROBATION OR CONDITIONS OF ACCELERATED
    10  REHABILITATIVE DISPOSITION WOULD BENEFIT THE PERSON OR THE
    11  PUBLIC.
    12     (B)  COURT-ORDERED INTERVENTION OR TREATMENT.--A RECORD SHALL
    13  BE SUBMITTED TO THE DEPARTMENT AS TO WHETHER THE COURT DID OR
    14  DID NOT ORDER A DEFENDANT TO ATTEND DRUG AND ALCOHOL TREATMENT
    15  PURSUANT TO THE REQUIREMENTS OF SECTIONS 3804 (RELATING TO
    16  PENALTIES), 3814 (RELATING TO DRUG AND ALCOHOL ASSESSMENTS) AND
    17  3815 (RELATING TO MANDATORY SENTENCING). IF THE COURT ORDERS
    18  TREATMENT, A REPORT SHALL BE FORWARDED TO THE DEPARTMENT AS TO
    19  WHETHER THE DEFENDANT SUCCESSFULLY COMPLETED THE PROGRAM. IF A
    20  DEFENDANT FAILS TO SUCCESSFULLY COMPLETE A PROGRAM OF TREATMENT
    21  AS ORDERED BY THE COURT, THE SUSPENSION SHALL REMAIN IN EFFECT
    22  UNTIL THE DEPARTMENT IS NOTIFIED BY THE COURT THAT THE DEFENDANT
    23  HAS SUCCESSFULLY COMPLETED TREATMENT AND THE DEFENDANT IS
    24  OTHERWISE ELIGIBLE FOR RESTORATION OF HIS OPERATING PRIVILEGE.
    25  IN ORDER TO IMPLEMENT THE RECORDKEEPING REQUIREMENTS OF THIS
    26  SECTION, THE DEPARTMENT AND THE COURT SHALL WORK TOGETHER TO
    27  EXCHANGE PERTINENT INFORMATION ABOUT A DEFENDANT'S CASE,
    28  INCLUDING ATTENDANCE AND COMPLETION OF TREATMENT OR FAILURE TO
    29  COMPLETE TREATMENT.
    30  § 3817.  REPORTING REQUIREMENTS FOR OFFENSES.
    20030S0008B1078                 - 141 -    

     1     (A)  REQUIREMENT.--THE DEPARTMENT SHALL MAKE AN ANNUAL REPORT
     2  ON THE ADMINISTRATION OF THIS CHAPTER. THE DEPARTMENT, THE
     3  COURTS AND THE PENNSYLVANIA SENTENCING COMMISSION SHALL WORK
     4  TOGETHER TO EXCHANGE PERTINENT INFORMATION NECESSARY TO COMPLETE
     5  THIS REPORT.
     6     (B)  CONTENTS.--THE REPORT SHALL INCLUDE:
     7         (1)  THE NUMBER OF OFFENDERS.
     8         (2)  THE NUMBER OF OFFENDERS SUBJECT TO SECTION 3815
     9     (RELATING TO MANDATORY SENTENCING).
    10         (3)  THE NUMBER OF OFFENDERS SENT TO TREATMENT FOR
    11     ALCOHOL AND DRUG PROBLEMS AND ADDICTION.
    12         (4)  THE NAMES OF THE TREATMENT FACILITIES PROVIDING
    13     TREATMENT AND THE LEVEL OF CARE AND LENGTH OF STAY IN
    14     TREATMENT.
    15         (5)  THE NUMBER OF OFFENDERS SUCCESSFULLY COMPLETING
    16     TREATMENT.
    17         (6)  THE NUMBER OF SUSPENDED LICENSES RETURNED AFTER
    18     COMPLETION OF TREATMENT.
    19         (7)  THE NUMBER OF FIRST, SECOND, THIRD AND SUBSEQUENT
    20     OFFENDERS.
    21     (C)  RECIPIENTS.--THE ANNUAL REPORT SHALL BE SUBMITTED TO THE
    22  JUDICIARY COMMITTEE, PUBLIC HEALTH AND WELFARE COMMITTEE AND
    23  TRANSPORTATION COMMITTEE OF THE SENATE; THE HEALTH AND HUMAN
    24  SERVICES COMMITTEE, JUDICIARY COMMITTEE AND TRANSPORTATION
    25  COMMITTEE OF THE HOUSE OF REPRESENTATIVES; AND THE BUREAU OF
    26  DRUG AND ALCOHOL PROGRAMS. THE REPORT SHALL BE MADE AVAILABLE TO
    27  THE PUBLIC.
    28     SECTION 19.  SECTIONS 6308(B) AND 6506(A)(7) OF TITLE 75 ARE
    29  AMENDED TO READ:
    30  § 6308.  INVESTIGATION BY POLICE OFFICERS.
    20030S0008B1078                 - 142 -    

     1     * * *
     2     (B)  AUTHORITY OF POLICE OFFICER.--WHENEVER A POLICE OFFICER
     3  IS ENGAGED IN A SYSTEMATIC PROGRAM OF CHECKING VEHICLES OR
     4  DRIVERS OR HAS [ARTICULABLE AND REASONABLE GROUNDS TO SUSPECT A
     5  VIOLATION OF THIS TITLE,] REASONABLE SUSPICION THAT A VIOLATION
     6  OF THIS TITLE IS OCCURRING OR HAS OCCURRED, HE MAY STOP A
     7  VEHICLE, UPON REQUEST OR SIGNAL, FOR THE PURPOSE OF CHECKING THE
     8  VEHICLE'S REGISTRATION, PROOF OF FINANCIAL RESPONSIBILITY,
     9  VEHICLE IDENTIFICATION NUMBER OR ENGINE NUMBER OR THE DRIVER'S
    10  LICENSE, OR TO SECURE SUCH OTHER INFORMATION AS THE OFFICER MAY
    11  REASONABLY BELIEVE TO BE NECESSARY TO ENFORCE THE PROVISIONS OF
    12  THIS TITLE.
    13     * * *
    14  § 6506.  SURCHARGE.
    15     (A)  LEVY AND IMPOSITION.--IN ADDITION TO ANY FINES, FEES OR
    16  PENALTIES LEVIED OR IMPOSED AS PROVIDED BY LAW, UNDER THIS TITLE
    17  OR ANY OTHER STATUTE, A SURCHARGE SHALL BE LEVIED FOR
    18  DISPOSITION IN ACCORDANCE WITH SUBSECTION (B) AS FOLLOWS:
    19         * * *
    20         (7)  UPON CONVICTION OF OFFENSES UNDER SECTION [3731]
    21     3802 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR
    22     CONTROLLED SUBSTANCE), OR UPON ADMISSION TO PROGRAMS FOR
    23     ACCELERATED REHABILITATIVE DISPOSITION FOR OFFENSES
    24     ENUMERATED IN SECTION [3731] 3802, A SURCHARGE, RESPECTIVELY,
    25     OF:
    26             (I)  $50 FOR THE FIRST OFFENSE.
    27             (II)  $100 FOR THE SECOND OFFENSE.
    28             (III)  $200 FOR THE THIRD OFFENSE.
    29             (IV)  $300 FOR THE FOURTH AND SUBSEQUENT OFFENSES.
    30  * * *
    20030S0008B1078                 - 143 -    

     1     SECTION 20.  THE ADDITION OF 75 PA.C.S. §§ 3814 AND 3815
     2  SHALL APPLY AS FOLLOWS:
     3         (1)  EXCEPT AS SET FORTH IN PARAGRAPH (2) OR (3), AFTER
     4     JUNE 30, 2009, FOR AN OFFENDER SENTENCED UNDER THIS CHAPTER.
     5         (2)  ON AND AFTER THE EFFECTIVE DATE OF THIS SECTION, FOR
     6     AN OFFENDER SENTENCED FOR A MISDEMEANOR OF THE FIRST DEGREE.
     7         (3)  AFTER JUNE 30, 2006, FOR AN OFFENDER SENTENCED
     8     PURSUANT TO SECTION 3804(A)(3), (B)(2) AND (C)(1).
     9     SECTION 21.  THE DEPARTMENT OF TRANSPORTATION HAS THE
    10  FOLLOWING DUTIES:
    11         (1)  IN ORDER TO IMPLEMENT THE ADDITION OF 75 PA.C.S. §
    12     3805, THE FOLLOWING SHALL APPLY:
    13             (I)  THE DEPARTMENT SHALL ADOPT AND USE GUIDELINES,
    14         WHICH SHALL BE PUBLISHED IN THE PENNSYLVANIA BULLETIN.
    15         THE GUIDELINES SHALL NOT BE SUBJECT TO REVIEW UNDER
    16         SECTION 205 OF THE ACT OF JULY 31, 1968 (P.L.769,
    17         NO.240), REFERRED TO AS THE COMMONWEALTH DOCUMENTS LAW,
    18         AND THE ACT OF JUNE 25, 1982 (P.L.633, NO.181), KNOWN AS
    19         THE REGULATORY REVIEW ACT.
    20             (II)  BY SEPTEMBER 30, 2004, THE DEPARTMENT SHALL, IN
    21         ACCORDANCE WITH LAW, PROMULGATE REGULATIONS TO REPLACE
    22         THE GUIDELINES UNDER SUBPARAGRAPH (I).
    23             (III)  THE GUIDELINES UNDER SUBPARAGRAPH (I) SHALL:
    24                 (A)  TAKE EFFECT SEPTEMBER 30, 2003, OR
    25             IMMEDIATELY, WHICHEVER IS LATER; AND
    26                 (B)  EXPIRE ON THE EARLIER OF:
    27                     (I)  THE EFFECTIVE DATE OF REGULATIONS UNDER
    28                 SUBPARAGRAPH (II); OR
    29                     (II)  SEPTEMBER 30, 2005.
    30         (2)  BY OCTOBER 1, 2004, THE DEPARTMENT SHALL PROMULGATE
    20030S0008B1078                 - 144 -    

     1     REGULATIONS TO IMPLEMENT 75 PA.C.S. § 1549(B).
     2     SECTION 22.  THE ADDITION OF 75 PA.C.S CH. 38 IS A
     3  CONTINUATION OF FORMER 75 PA.C.S. § 3731. THE REPEAL OF 75
     4  PA.C.S. § 3731 SHALL NOT AFFECT OFFENSES COMMITTED NOR CIVIL AND
     5  ADMINISTRATIVE PENALTIES IMPOSED PRIOR TO THE EFFECTIVE DATE OF
     6  THIS SECTION.
     7     SECTION 23.  THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
     8         (1)  THE FOLLOWING PROVISIONS SHALL TAKE EFFECT
     9     IMMEDIATELY:
    10             (I)  SECTION 21 OF THIS ACT.
    11             (II)  THIS SECTION.
    12         (2)  THE REMAINDER OF THIS ACT SHALL TAKE EFFECT
    13     SEPTEMBER 30, 2003, OR IMMEDIATELY, WHICHEVER IS LATER.
    14     SECTION 1.  SECTIONS 6105(C)(3) AND 7508.1(B) AND (C) OF       <--
    15  TITLE 18 OF THE PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED
    16  TO READ:
    17  § 6105.  PERSONS NOT TO POSSESS, USE, MANUFACTURE, CONTROL, SELL
    18             OR TRANSFER FIREARMS.
    19     * * *
    20     (C)  OTHER PERSONS.--IN ADDITION TO ANY PERSON WHO HAS BEEN
    21  CONVICTED OF ANY OFFENSE LISTED UNDER SUBSECTION (B), THE
    22  FOLLOWING PERSONS SHALL BE SUBJECT TO THE PROHIBITION OF
    23  SUBSECTION (A):
    24         * * *
    25         (3)  A PERSON WHO HAS BEEN CONVICTED OF DRIVING UNDER THE
    26     INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE AS PROVIDED IN
    27     75 PA.C.S. § [3731] 3802 (RELATING TO DRIVING UNDER INFLUENCE
    28     OF ALCOHOL OR CONTROLLED SUBSTANCE) ON THREE OR MORE SEPARATE
    29     OCCASIONS WITHIN A FIVE-YEAR PERIOD. FOR THE PURPOSES OF THIS
    30     PARAGRAPH ONLY, THE PROHIBITION OF SUBSECTION (A) SHALL ONLY
    20030S0008B1078                 - 145 -    

     1     APPLY TO TRANSFERS OR PURCHASES OF FIREARMS AFTER THE THIRD
     2     CONVICTION.
     3         * * *
     4  § 7508.1.  SUBSTANCE ABUSE EDUCATION AND DEMAND REDUCTION FUND.
     5     * * *
     6     (B)  IMPOSITION.--UNLESS THE COURT FINDS THAT UNDUE HARDSHIP
     7  WOULD RESULT, A MANDATORY COST OF $100, WHICH SHALL BE IN
     8  ADDITION TO ANY OTHER COSTS IMPOSED PURSUANT TO STATUTORY
     9  AUTHORITY, SHALL AUTOMATICALLY BE ASSESSED ON ANY INDIVIDUAL
    10  CONVICTED, ADJUDICATED DELINQUENT OR GRANTED ACCELERATED
    11  REHABILITATIVE DISPOSITION OR ANY INDIVIDUAL WHO PLEADS GUILTY
    12  OR NOLO CONTENDERE FOR A VIOLATION OF THE ACT OF APRIL 14, 1972
    13  (P.L.233, NO.64), KNOWN AS THE CONTROLLED SUBSTANCE, DRUG,
    14  DEVICE AND COSMETIC ACT, OR A VIOLATION OF 75 PA.C.S. § [3731]
    15  3802 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR
    16  CONTROLLED SUBSTANCE).
    17     (C)  ADDITIONAL ASSESSMENT.--IN ADDITION TO THE ASSESSMENT
    18  REQUIRED BY SUBSECTION (B), A PERSON CONVICTED OF OR ADJUDICATED
    19  DELINQUENT FOR A VIOLATION OF 75 PA.C.S. § [3731] 3802 SHALL BE
    20  ASSESSED $200 WHERE THE AMOUNT OF ALCOHOL BY WEIGHT IN THE BLOOD
    21  OF THE PERSON IS EQUAL TO OR GREATER THAN [.15%] .16% AT THE
    22  TIME A CHEMICAL TEST IS PERFORMED ON A SAMPLE OF THE PERSON'S
    23  BREATH, BLOOD OR URINE. FOR THE PURPOSES OF THIS SUBSECTION, THE
    24  SAMPLE OF THE PERSON'S BLOOD, BREATH OR URINE SHALL BE TAKEN
    25  WITHIN [TWO] THREE HOURS AFTER THE PERSON IS PLACED UNDER
    26  ARREST.
    27     * * *
    28     SECTION 2.  SECTION 7514 OF TITLE 18 IS REPEALED.
    29     SECTION 3.  SECTION 5502(A)(4) AND (A.1)(1) OF TITLE 30 ARE
    30  AMENDED TO READ:
    20030S0008B1078                 - 146 -    

     1  § 5502.  OPERATING WATERCRAFT UNDER INFLUENCE OF ALCOHOL OR
     2             CONTROLLED SUBSTANCE.
     3     (A)  GENERAL RULE.--NO PERSON SHALL OPERATE OR BE IN ACTUAL
     4  PHYSICAL CONTROL OF THE MOVEMENT OF A WATERCRAFT UPON, IN OR
     5  THROUGH THE WATERS OF THIS COMMONWEALTH:
     6         * * *
     7         (4)  WHILE THE AMOUNT OF ALCOHOL BY WEIGHT IN THE BLOOD
     8     OF:
     9             (I)  AN ADULT IS [0.10%] 0.08% OR GREATER; OR
    10             (II)  A MINOR IS 0.02% OR GREATER.
    11     (A.1)  PRIMA FACIE EVIDENCE.--
    12         (1)  IT IS PRIMA FACIE EVIDENCE THAT:
    13             (I)  AN ADULT HAD [0.10%] 0.08% OR MORE BY WEIGHT OF
    14         ALCOHOL IN HIS OR HER BLOOD AT THE TIME OF OPERATING OR
    15         BEING IN ACTUAL PHYSICAL CONTROL OF THE MOVEMENT OF A
    16         WATERCRAFT IF THE AMOUNT OF ALCOHOL BY WEIGHT IN THE
    17         BLOOD OF THE PERSON IS EQUAL TO OR GREATER THAN [0.10%]
    18         0.08% AT THE TIME A CHEMICAL TEST IS PERFORMED ON A
    19         SAMPLE OF THE PERSON'S BREATH, BLOOD OR URINE; AND
    20             (II)  A MINOR HAD 0.02% OR MORE BY WEIGHT OF ALCOHOL
    21         IN HIS OR HER BLOOD AT THE TIME OF OPERATING OR BEING IN
    22         ACTUAL PHYSICAL CONTROL OF THE MOVEMENT OF A WATERCRAFT
    23         IF THE AMOUNT OF ALCOHOL BY WEIGHT IN THE BLOOD OF THE
    24         MINOR IS EQUAL TO OR GREATER THAN 0.02% AT THE TIME A
    25         CHEMICAL TEST IS PERFORMED ON A SAMPLE OF THE PERSON'S
    26         BREATH, BLOOD OR URINE.
    27         * * *
    28     SECTION 4.  SECTIONS 2501(A)(4) AND (A.1)(1)(I) AND (B) AND
    29  2502(D)(2) AND (3) OF TITLE 34 ARE AMENDED TO READ:
    30  § 2501.  HUNTING OR FURTAKING PROHIBITED WHILE UNDER INFLUENCE
    20030S0008B1078                 - 147 -    

     1             OF ALCOHOL OR CONTROLLED SUBSTANCE.
     2     (A)  GENERAL RULE.--IT IS UNLAWFUL TO HUNT OR TAKE GAME,
     3  FURBEARERS OR WILDLIFE OR AID, ABET, ASSIST OR CONSPIRE TO HUNT
     4  OR TAKE GAME, FURBEARERS OR WILDLIFE ANYWHERE IN THIS
     5  COMMONWEALTH WHILE IN POSSESSION OF A FIREARM OF ANY KIND OR A
     6  BOW AND ARROW IF:
     7         * * *
     8         (4)  THE AMOUNT OF ALCOHOL BY WEIGHT IN THE BLOOD OF:
     9             (I)  AN ADULT IS [0.10%] 0.08% OR GREATER; OR
    10             (II)  A MINOR IS 0.02% OR GREATER.
    11     (A.1)  PRIMA FACIE EVIDENCE.--
    12         (1)  IT IS PRIMA FACIE EVIDENCE THAT:
    13             (I)  AN ADULT HAD [0.10%] 0.08% OR MORE BY WEIGHT OF
    14         ALCOHOL IN HIS OR HER BLOOD AT THE TIME OF HUNTING OR
    15         TAKING OF GAME, FURBEARERS OR WILDLIFE OR THE AIDING,
    16         ABETTING, ASSISTING OR CONSPIRING TO HUNT OR TAKE GAME,
    17         FURBEARERS OR WILDLIFE IF THE AMOUNT OF ALCOHOL BY WEIGHT
    18         IN THE BLOOD OF THE PERSON IS EQUAL TO OR GREATER THAN
    19         [0.10%] 0.08% AT THE TIME A CHEMICAL TEST IS PERFORMED ON
    20         A SAMPLE OF THE PERSON'S BREATH, BLOOD OR URINE; OR
    21             * * *
    22     (B)  PENALTY.--
    23         (1)  A VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL
    24     BE A SUMMARY OFFENSE IF THE AMOUNT OF ALCOHOL BY WEIGHT IN
    25     THE BLOOD OF THE INDIVIDUAL IS AT LEAST 0.08% BUT LESS THAN
    26     0.10%.
    27         (2)  A VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL
    28     BE A MISDEMEANOR OF THE THIRD DEGREE IF THE AMOUNT OF ALCOHOL
    29     BY WEIGHT IN THE BLOOD OF THE INDIVIDUAL IS AT LEAST 0.10%.
    30         (3)  IN ADDITION TO ANY PENALTY, THE VIOLATOR SHALL BE
    20030S0008B1078                 - 148 -    

     1     DENIED THE RIGHT TO HUNT OR TRAP IN THIS COMMONWEALTH, WITH
     2     OR WITHOUT A LICENSE, FOR A PERIOD OF ONE YEAR.
     3     * * *
     4  § 2502.  CHEMICAL TEST TO DETERMINE AMOUNT OF ALCOHOL.
     5     * * *
     6     (D)  PRESUMPTIONS FROM AMOUNT OF ALCOHOL.--IF CHEMICAL
     7  ANALYSIS OF A PERSON'S BREATH, BLOOD OR URINE SHOWS:
     8         * * *
     9         (2)  THAT THE AMOUNT OF ALCOHOL BY WEIGHT IN THE BLOOD OF
    10     THE PERSON TESTED IS IN EXCESS OF 0.05% BUT LESS THAN [0.10%]
    11     0.08%, THIS FACT SHALL NOT GIVE RISE TO ANY PRESUMPTION THAT
    12     THE PERSON TESTED WAS OR WAS NOT UNDER THE INFLUENCE OF
    13     ALCOHOL, BUT THIS FACT MAY BE CONSIDERED WITH OTHER COMPETENT
    14     EVIDENCE IN DETERMINING WHETHER THE PERSON WAS OR WAS NOT
    15     UNDER THE INFLUENCE OF ALCOHOL.
    16         (3)  THAT THE AMOUNT OF ALCOHOL BY WEIGHT IN THE BLOOD OF
    17     THE PERSON TESTED IS [0.10%] 0.08% OR MORE, IT SHALL BE
    18     PRESUMED THAT THE DEFENDANT WAS UNDER THE INFLUENCE OF
    19     ALCOHOL.
    20     * * *
    21     SECTION 5.  SECTIONS 933(A)(1)(II), 1515(A)(5), 1725.3(A),
    22  3571(B)(4) AND 3573(B)(3) OF TITLE 42 ARE AMENDED TO READ:
    23  § 933.  APPEALS FROM GOVERNMENT AGENCIES.
    24     (A)  GENERAL RULE.--EXCEPT AS OTHERWISE PRESCRIBED BY ANY
    25  GENERAL RULE ADOPTED PURSUANT TO SECTION 503 (RELATING TO
    26  REASSIGNMENT OF MATTERS), EACH COURT OF COMMON PLEAS SHALL HAVE
    27  JURISDICTION OF APPEALS FROM FINAL ORDERS OF GOVERNMENT AGENCIES
    28  IN THE FOLLOWING CASES:
    29         (1)  APPEALS FROM COMMONWEALTH AGENCIES IN THE FOLLOWING
    30     CASES:
    20030S0008B1078                 - 149 -    

     1             * * *
     2             (II)  DETERMINATIONS OF THE DEPARTMENT OF
     3         TRANSPORTATION APPEALABLE UNDER THE FOLLOWING PROVISIONS
     4         OF TITLE 75 (RELATING TO VEHICLES):
     5                 SECTION 1377 (RELATING TO JUDICIAL REVIEW).
     6                 SECTION 1550 (RELATING TO JUDICIAL REVIEW).
     7                 SECTION 4724(B) (RELATING TO JUDICIAL REVIEW).
     8                 SECTION 7303(B) (RELATING TO JUDICIAL REVIEW).
     9                 SECTION 7503(B) (RELATING TO JUDICIAL REVIEW).
    10         EXCEPT AS OTHERWISE PRESCRIBED BY GENERAL RULES, THE
    11         VENUE SHALL BE IN THE COUNTY OF THE PRINCIPAL PLACE OF
    12         BUSINESS OF ANY SALVOR OR MESSENGER SERVICE, THE LOCATION
    13         OF ANY INSPECTION STATION INVOLVED, THE COUNTY WHERE THE
    14         ARREST FOR A VIOLATION OF 75 PA.C.S. § [3731] 3802
    15         (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR
    16         CONTROLLED SUBSTANCE) WAS MADE IN APPEALS INVOLVING THE
    17         SUSPENSION OF OPERATING PRIVILEGES UNDER 75 PA.C.S. §
    18         1547 (RELATING TO CHEMICAL TESTING TO DETERMINE AMOUNT OF
    19         ALCOHOL OR CONTROLLED SUBSTANCE) OR THE RESIDENCE OF ANY
    20         INDIVIDUAL APPELLANT WHERE THE VENUE IS NOT OTHERWISE
    21         FIXED BY THIS SENTENCE. IN THE CASE OF A NONRESIDENT
    22         INDIVIDUAL VENUE, EXCEPT AS OTHERWISE PRESCRIBED BY
    23         GENERAL RULES, SHALL BE IN THE COUNTY IN WHICH THE
    24         OFFENSE GIVING RISE TO THE RECALL, CANCELLATION,
    25         SUSPENSION OR REVOCATION OF OPERATING PRIVILEGES
    26         OCCURRED.
    27             * * *
    28  § 1515.  JURISDICTION AND VENUE.
    29     (A)  JURISDICTION.--EXCEPT AS OTHERWISE PRESCRIBED BY GENERAL
    30  RULE ADOPTED PURSUANT TO SECTION 503 (RELATING TO REASSIGNMENT
    20030S0008B1078                 - 150 -    

     1  OF MATTERS), DISTRICT JUSTICES SHALL, UNDER PROCEDURES
     2  PRESCRIBED BY GENERAL RULE, HAVE JURISDICTION OF ALL OF THE
     3  FOLLOWING MATTERS:
     4         * * *
     5         (5)  OFFENSES UNDER 75 PA.C.S. § [3731] 3802 (RELATING TO
     6     DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE),
     7     IF THE FOLLOWING CRITERIA ARE MET:
     8             (I)  THE OFFENSE IS THE FIRST OFFENSE BY THE
     9         DEFENDANT UNDER SUCH PROVISION IN THIS COMMONWEALTH.
    10             (II)  NO PERSONAL INJURY (OTHER THAN TO THE DEFENDANT
    11         [OR THE IMMEDIATE FAMILY OF THE DEFENDANT]) RESULTED FROM
    12         THE OFFENSE.
    13             (III)  THE DEFENDANT PLEADS GUILTY.
    14             (IV)  NO PROPERTY DAMAGE IN EXCESS OF $500 OTHER THAN
    15         TO THE DEFENDANT'S PROPERTY RESULTED FROM THE VIOLATION.
    16             (V)  THE DEFENDANT IS NOT SUBJECT TO THE PROVISIONS
    17         OF CHAPTER 63 (RELATING TO JUVENILE MATTERS).
    18             (VI)  THE ARRESTING AUTHORITY SHALL CAUSE TO BE
    19         TRANSMITTED A COPY OF THE CHARGE OF ANY VIOLATION OF 75
    20         PA.C.S. § [3731] 3802 TO THE OFFICE OF THE CLERK OF THE
    21         COURT OF COMMON PLEAS WITHIN FIVE DAYS AFTER THE
    22         PRELIMINARY ARRAIGNMENT.
    23     IN DETERMINING THAT THE ABOVE CRITERIA ARE MET THE DISTRICT
    24     JUSTICE SHALL RELY ON THE CERTIFICATION OF THE ARRESTING
    25     AUTHORITY. CERTIFICATION THAT THE CRITERIA ARE MET NEED NOT
    26     BE IN WRITING. WITHIN TEN DAYS AFTER THE DISPOSITION, THE
    27     DISTRICT JUSTICE SHALL CERTIFY THE DISPOSITION TO THE OFFICE
    28     OF THE CLERK OF THE COURT OF COMMON PLEAS IN WRITING.
    29         * * *
    30  § 1725.3.  CRIMINAL LABORATORY USER FEE.
    20030S0008B1078                 - 151 -    

     1     (A)  IMPOSITION.--A PERSON WHO IS PLACED ON PROBATION WITHOUT
     2  VERDICT PURSUANT TO SECTION 17 OF THE ACT OF APRIL 14, 1972
     3  (P.L.233, NO.64), KNOWN AS THE CONTROLLED SUBSTANCE, DRUG,
     4  DEVICE AND COSMETIC ACT, OR WHO RECEIVES ACCELERATED
     5  REHABILITATIVE DISPOSITION OR WHO PLEADS GUILTY TO OR NOLO
     6  CONTENDERE TO OR WHO IS CONVICTED OF A CRIME AS DEFINED IN 18
     7  PA.C.S. § 106 (RELATING TO CLASSES OF OFFENSES) OR 75 PA.C.S. §
     8  [3731] 3802 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR
     9  CONTROLLED SUBSTANCE) OR 3735 (RELATING TO HOMICIDE BY VEHICLE
    10  WHILE DRIVING UNDER INFLUENCE) OR A VIOLATION OF THE CONTROLLED
    11  SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT SHALL, IN ADDITION TO
    12  ANY FINES, PENALTIES OR COSTS, IN EVERY CASE WHERE LABORATORY
    13  SERVICES WERE REQUIRED TO PROSECUTE THE CRIME OR VIOLATION, BE
    14  SENTENCED TO PAY A CRIMINAL LABORATORY USER FEE WHICH SHALL
    15  INCLUDE, BUT NOT BE LIMITED TO, THE COST OF SENDING A LABORATORY
    16  TECHNICIAN TO COURT PROCEEDINGS.
    17     * * *
    18  § 3571.  COMMONWEALTH PORTION OF FINES, ETC.
    19     * * *
    20     (B)  VEHICLE OFFENSES.--
    21         * * *
    22         (4)  WHEN PROSECUTION UNDER 75 PA.C.S. § [3731] 3802
    23     (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED
    24     SUBSTANCE) IS THE RESULT OF STATE POLICE ACTION, 50% OF ALL
    25     FINES, FORFEITED RECOGNIZANCES AND OTHER FORFEITURES IMPOSED,
    26     LOST OR FORFEITED SHALL BE PAYABLE TO THE COMMONWEALTH, FOR
    27     CREDIT TO THE MOTOR LICENSE FUND, AND 50% SHALL BE PAYABLE TO
    28     THE COUNTY WHICH SHALL BE FURTHER DIVIDED AS FOLLOWS:
    29             (I)  FIFTY PERCENT OF THE MONEYS RECEIVED SHALL BE
    30         ALLOCATED TO THE APPROPRIATE COUNTY AUTHORITY WHICH
    20030S0008B1078                 - 152 -    

     1         IMPLEMENTS THE COUNTY DRUG AND ALCOHOL PROGRAM TO BE USED
     2         SOLELY FOR THE PURPOSES OF AIDING PROGRAMS PROMOTING DRUG
     3         ABUSE AND ALCOHOLISM PREVENTION, EDUCATION, TREATMENT AND
     4         RESEARCH. [PROGRAMS UNDER THIS SUBPARAGRAPH INCLUDE
     5         PROJECT DARE (DRUG AND ALCOHOL RESISTANCE EDUCATION).]
     6             (II)  FIFTY PERCENT OF THE MONEYS RECEIVED SHALL BE
     7         USED FOR EXPENDITURES INCURRED FOR COUNTY JAILS, PRISONS,
     8         WORKHOUSES AND DETENTION CENTERS.
     9     * * *
    10  § 3573.  MUNICIPAL CORPORATION PORTION OF FINES, ETC.
    11     * * *
    12     (B)  VEHICLE OFFENSES.--
    13         * * *
    14         (3)  WHEN PROSECUTION UNDER 75 PA.C.S. § [3731] 3802
    15     (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED
    16     SUBSTANCE) IS THE RESULT OF LOCAL POLICE ACTION, 50% OF ALL
    17     FINES, FORFEITED RECOGNIZANCES AND OTHER FORFEITURES IMPOSED,
    18     LOST OR FORFEITED SHALL BE PAYABLE TO THE MUNICIPAL
    19     CORPORATION UNDER WHICH THE LOCAL POLICE ARE ORGANIZED, AND
    20     50% SHALL BE PAYABLE TO THE COUNTY WHICH SHALL BE FURTHER
    21     DIVIDED AS FOLLOWS:
    22             (I)  FIFTY PERCENT OF THE MONEYS RECEIVED SHALL BE
    23         ALLOCATED TO THE APPROPRIATE COUNTY AUTHORITY WHICH
    24         IMPLEMENTS THE COUNTY DRUG AND ALCOHOL PROGRAM TO BE USED
    25         SOLELY FOR THE PURPOSES OF AIDING PROGRAMS PROMOTING DRUG
    26         ABUSE AND ALCOHOLISM PREVENTION, EDUCATION, TREATMENT AND
    27         RESEARCH. PROGRAMS UNDER THIS SUBPARAGRAPH INCLUDE
    28         PROJECT DARE (DRUG AND ALCOHOL RESISTANCE EDUCATION).
    29             (II)  FIFTY PERCENT OF THE MONEYS RECEIVED SHALL BE
    30         USED FOR EXPENDITURES INCURRED FOR COUNTY JAILS, PRISONS,
    20030S0008B1078                 - 153 -    

     1         WORKHOUSES AND DETENTION CENTERS.
     2     * * *
     3     SECTION 6.  CHAPTER 70 OF TITLE 42 IS REPEALED.
     4     SECTION 7.  SECTION 9763(C) OF TITLE 42 IS AMENDED TO READ:
     5  § 9763.  SENTENCE OF INTERMEDIATE PUNISHMENT.
     6     * * *
     7     (C)  RESTRICTION.--
     8         (1)  A DEFENDANT [CONVICTED UNDER] SUBJECT TO 75 PA.C.S.
     9     § [3731(E) (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR
    10     CONTROLLED SUBSTANCE)] 3804 (RELATING TO PENALTIES) MAY ONLY
    11     BE SENTENCED TO INTERMEDIATE PUNISHMENT:
    12         [(1)  IN A RESIDENTIAL INPATIENT PROGRAM OR IN A
    13     RESIDENTIAL REHABILITATIVE CENTER; OR
    14         (2)  BY HOUSE ARREST OR ELECTRONIC SURVEILLANCE COMBINED
    15     WITH DRUG AND ALCOHOL TREATMENT.]
    16             (I)  FOR A FIRST, SECOND OR THIRD OFFENSE UNDER 75
    17         PA.C.S CH. 38 (RELATING TO DRIVING WHILE IMPAIRED); AND
    18             (II)  AFTER UNDERGOING AN ASSESSMENT UNDER 75 PA.C.S.
    19         § 3814 (RELATING TO DRUG AND ALCOHOL ASSESSMENTS).
    20         (2)  IF THE DEFENDANT IS DETERMINED TO BE IN NEED OF DRUG
    21     AND ALCOHOL TREATMENT, THE DEFENDANT MAY ONLY BE SENTENCED TO
    22     INTERMEDIATE PUNISHMENT WHICH INCLUDES PARTICIPATION IN DRUG
    23     AND ALCOHOL TREATMENT UNDER 75 PA.C.S. § 3815(C) (RELATING TO
    24     MANDATORY SENTENCING). SUCH TREATMENT MAY BE COMBINED WITH
    25     HOUSE ARREST WITH ELECTRONIC SURVEILLANCE OR A PARTIAL
    26     CONFINEMENT PROGRAM, SUCH AS WORK RELEASE, A WORK CAMP OR A
    27     HALFWAY FACILITY.
    28         (3)  IF THE DEFENDANT IS DETERMINED NOT TO BE IN NEED OF
    29     DRUG AND ALCOHOL TREATMENT, THE DEFENDANT MAY ONLY BE
    30     SENTENCED TO INTERMEDIATE PUNISHMENT:
    20030S0008B1078                 - 154 -    

     1             (I)  BY HOUSE ARREST OR ELECTRONIC SURVEILLANCE;
     2             (II)  PARTIAL CONFINEMENT PROGRAMS, SUCH AS WORK
     3         RELEASE, WORK CAMPS AND HALFWAY FACILITIES; OR
     4             (III)  ANY COMBINATION OF THE PROGRAMS SET FORTH IN
     5         THIS SUBSECTION.
     6     * * *
     7     SECTION 8.  SECTION 9804(B)(3) OF TITLE 42 IS AMENDED AND THE
     8  SUBSECTION IS AMENDED BY ADDING PARAGRAPHS TO READ:
     9  § 9804.  COUNTY INTERMEDIATE PUNISHMENT PROGRAMS.
    10     * * *
    11     (B)  ELIGIBILITY.--
    12         * * *
    13         [(3)  ANY PERSON RECEIVING A PENALTY IMPOSED PURSUANT TO
    14     75 PA.C.S. § 1543(B) (RELATING TO DRIVING WHILE OPERATING
    15     PRIVILEGE IS SUSPENDED OR REVOKED) OR 3731(E) (RELATING TO
    16     DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE)
    17     MAY ONLY BE SENTENCED TO INTERMEDIATE PUNISHMENT PROGRAM IN:
    18             (I)  A RESIDENTIAL INPATIENT PROGRAM OR A RESIDENTIAL
    19         REHABILITATIVE CENTER;
    20             (II)  HOUSE ARREST AND ELECTRONIC SURVEILLANCE
    21         COMBINED WITH DRUG AND ALCOHOL TREATMENT; OR
    22             (III)  PARTIAL CONFINEMENT PROGRAMS, SUCH AS WORK
    23         RELEASE, WORK CAMPS AND HALFWAY FACILITIES, COMBINED WITH
    24         DRUG AND ALCOHOL TREATMENT.]
    25         (4)  (I)  ANY PERSON RECEIVING A PENALTY IMPOSED PURSUANT
    26         TO 75 PA.C.S. § 1543(B) (RELATING TO DRIVING WHILE
    27         OPERATING PRIVILEGE IS SUSPENDED OR REVOKED) OR 3804
    28         (RELATING TO PENALTIES) SHALL UNDERGO AN ASSESSMENT UNDER
    29         75 PA.C.S. § 3814 (RELATING TO DRUG AND ALCOHOL
    30         ASSESSMENTS).
    20030S0008B1078                 - 155 -    

     1             (II)  IF THE DEFENDANT IS DETERMINED TO BE IN NEED OF
     2         DRUG AND ALCOHOL TREATMENT, A SENTENCE TO INTERMEDIATE
     3         PUNISHMENT SHALL INCLUDE PARTICIPATION IN DRUG AND
     4         ALCOHOL TREATMENT UNDER 75 PA.C.S. § 3815(C) (RELATING TO
     5         MANDATORY SENTENCING). SUCH TREATMENT MAY BE COMBINED
     6         WITH HOUSE ARREST WITH ELECTRONIC SURVEILLANCE OR A
     7         PARTIAL CONFINEMENT PROGRAM, SUCH AS WORK RELEASE, A WORK
     8         CAMP OR A HALFWAY FACILITY.
     9             (III)  IF THE DEFENDANT IS DETERMINED NOT TO BE IN
    10         NEED OF DRUG AND ALCOHOL TREATMENT, THE DEFENDANT MAY
    11         ONLY BE SENTENCED TO INTERMEDIATE PUNISHMENT PROGRAM IN:
    12                 (A)  HOUSE ARREST AND ELECTRONIC SURVEILLANCE;
    13                 (B)  PARTIAL CONFINEMENT PROGRAMS, SUCH AS WORK
    14             RELEASE, WORK CAMPS AND HALFWAY FACILITIES; OR
    15                 (C)  ANY COMBINATION OF THE PROGRAMS SET FORTH IN
    16             THIS PARAGRAPH.
    17         (5)  A DEFENDANT SUBJECT TO 75 PA.C.S § 3804 (RELATING TO
    18     PENALTIES) MAY ONLY BE SENTENCED TO INTERMEDIATE PUNISHMENT
    19     FOR A FIRST, SECOND OR THIRD OFFENSE UNDER 75 PA.C.S. CH. 38
    20     (RELATING TO DRIVING WHILE IMPAIRED).
    21     SECTION 9.  SECTIONS 1516(C) AND (D) AND 1532(B)(3) OF TITLE
    22  75 ARE AMENDED TO READ:
    23  § 1516.  DEPARTMENT RECORDS.
    24     * * *
    25     (C)  DISMISSAL OF CHARGES FOR VIOLATIONS.--IF A CHARGE FOR
    26  VIOLATION OF ANY OF THE PROVISIONS OF THIS TITLE AGAINST ANY
    27  PERSON IS DISMISSED WHERE THERE HAVE BEEN NO PRIOR CONVICTIONS
    28  BY ANY COURT OF COMPETENT JURISDICTION, NO RECORD OF THE CHARGE
    29  AND DISMISSAL SHALL BE INCLUDED IN THE DRIVING RECORD OF THE
    30  PERSON. IF THE PERSON HAS BEEN PREVIOUSLY CONVICTED OF THE
    20030S0008B1078                 - 156 -    

     1  CHARGE AND SUSPENSION WAS IMPOSED BY THE DEPARTMENT, WHICH
     2  SUSPENSION WAS EITHER PARTIALLY OR FULLY SERVED, THE DEPARTMENT
     3  MAY KEEP A RECORD OF THE OFFENSE FOR THE PURPOSE OF SHOWING THE
     4  SUSPENSION WAS IMPOSED AGAINST THE PERSON[.], BUT THE OFFENSE
     5  SHALL NOT BE USED FOR THE PURPOSE OF CALCULATING THE REQUISITE
     6  NUMBER OF OFFENSES UNDER SECTION 1542 (RELATING TO REVOCATION OF
     7  HABITUAL OFFENDER'S LICENSE). IN ADDITION, THE DEPARTMENT MAY
     8  KEEP RECORDS OF CHARGES THAT HAVE BEEN FILED WITH THE COURTS IN
     9  ORDER TO DETERMINE A PERSON'S ELIGIBILITY FOR A PROBATIONARY
    10  LICENSE UNDER THE PROVISIONS OF SECTION 1554(B)(3) (RELATING TO
    11  PROBATIONARY LICENSE). ALL RECORDS MAINTAINED PURSUANT TO THIS
    12  SUBSECTION SHALL BE MAINTAINED FOR ADMINISTRATIVE AND LAW
    13  ENFORCEMENT USE ONLY AND SHALL NOT BE RELEASED FOR ANY OTHER
    14  PURPOSE.
    15     (D)  UPDATING DRIVING RECORD.--DRIVERS WISHING TO HAVE THEIR
    16  RECORD REVIEWED BY THE DEPARTMENT MAY MAKE SUCH A REQUEST IN
    17  ORDER THAT THE RECORD BE BROUGHT UP TO DATE. IN UPDATING
    18  RECORDS, THE DEPARTMENT SHALL INCLUDE RECALCULATION OF
    19  SUSPENSION OR REVOCATION SEGMENTS AND THE ASSIGNMENT AND
    20  CREDITING OF ANY SUSPENSION OR REVOCATION TIME PREVIOUSLY
    21  ASSIGNED OR CREDITED TOWARD A SUSPENSION OR REVOCATION WHICH
    22  RESULTED FROM A CONVICTION WHICH HAS BEEN VACATED, OVERTURNED,
    23  DISMISSED OR WITHDRAWN. ANY FULLY OR PARTIALLY SERVED SUSPENSION
    24  OR REVOCATION TIME MAY ONLY BE REASSIGNED OR CREDITED TOWARD A
    25  SUSPENSION OR REVOCATION SEGMENT PROCESSED ON THE DRIVER'S
    26  RECORD AS OF THE ACTUAL COMMENCEMENT DATE OF THE FULLY OR
    27  PARTIALLY SERVED SUSPENSION OR REVOCATION TIME.
    28  § 1532.  SUSPENSION OF OPERATING PRIVILEGE.
    29     * * *
    30     (B)  SUSPENSION.--
    20030S0008B1078                 - 157 -    

     1         * * *
     2         (3)  THE DEPARTMENT SHALL SUSPEND THE OPERATING PRIVILEGE
     3     OF ANY DRIVER FOR 12 MONTHS UPON RECEIVING A CERTIFIED RECORD
     4     OF THE DRIVER'S CONVICTION OF SECTION [3731 (RELATING TO
     5     DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE)
     6     OR] 3733 (RELATING TO FLEEING OR ATTEMPTING TO ELUDE POLICE
     7     OFFICER)[,] OR A SUBSTANTIALLY SIMILAR [OFFENSES] OFFENSE
     8     REPORTED TO THE DEPARTMENT UNDER ARTICLE III OF SECTION 1581
     9     (RELATING TO DRIVER'S LICENSE COMPACT), OR AN ADJUDICATION OF
    10     DELINQUENCY BASED ON SECTION [3731 OR] 3733. THE DEPARTMENT
    11     SHALL SUSPEND THE OPERATING PRIVILEGE OF ANY DRIVER FOR SIX
    12     MONTHS UPON RECEIVING A CERTIFIED RECORD OF A CONSENT DECREE
    13     GRANTED UNDER 42 PA.C.S. CH. 63 (RELATING TO JUVENILE
    14     MATTERS) BASED ON SECTION [3731 OR] 3733.
    15         * * *
    16     SECTION 10.  SECTION 1534(B) OF TITLE 75 IS AMENDED AND THE
    17  SECTION IS AMENDED BY ADDING SUBSECTIONS TO READ:
    18  § 1534.  NOTICE OF ACCEPTANCE OF ACCELERATED REHABILITATIVE
    19             DISPOSITION.
    20     * * *
    21     (B)  EXCEPTION.--IF A PERSON IS ARRESTED FOR ANY OFFENSE
    22  ENUMERATED IN SECTION [3731] 3802 (RELATING TO DRIVING UNDER
    23  INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE) AND IS OFFERED AND
    24  ACCEPTS ACCELERATED REHABILITATIVE DISPOSITION UNDER GENERAL
    25  RULES, THE COURT SHALL PROMPTLY NOTIFY THE DEPARTMENT. THE
    26  DEPARTMENT SHALL MAINTAIN A RECORD OF THE ACCEPTANCE OF
    27  ACCELERATED REHABILITATIVE DISPOSITION FOR A PERIOD OF [SEVEN]
    28  TEN YEARS FROM THE DATE OF NOTIFICATION. THIS RECORD SHALL NOT
    29  BE EXPUNGED BY ORDER OF COURT[.] OR PRIOR TO THE EXPIRATION OF
    30  THE TEN-YEAR PERIOD.
    20030S0008B1078                 - 158 -    

     1     (C)  EXPUNGEMENT.--IMMEDIATELY FOLLOWING THE EXPIRATION OF
     2  THE TEN-YEAR PERIOD, THE DEPARTMENT SHALL EXPUNGE THE RECORD OF
     3  THE ACCEPTANCE OF ACCELERATED REHABILITATIVE DISPOSITION. THE
     4  DEPARTMENT SHALL NOT REQUIRE AN ORDER OF COURT TO EXPUNGE THE
     5  RECORD.
     6     (D)  EXCEPTIONS TO EXPUNGEMENT.--THE DEPARTMENT SHALL NOT BE
     7  REQUIRED TO EXPUNGE THE RECORD OF ACCEPTANCE OF ACCELERATED
     8  REHABILITATIVE DISPOSITION IF:
     9         (1)  DURING THE TEN-YEAR PERIOD, THE DEPARTMENT REVOKES
    10     THE OPERATING PRIVILEGES OF A PERSON PURSUANT TO SECTION 1542
    11     (RELATING TO REVOCATION OF HABITUAL OFFENDER'S LICENSE); OR
    12         (2)  THE PERSON WAS A COMMERCIAL DRIVER AT THE TIME OF
    13     THE VIOLATION CAUSING THE DISPOSITION.
    14     SECTION 11.  SECTIONS 1541(A.1) AND (D), 1542(B), 1543(B),
    15  1545, 1547(B)(1) AND (2), (C), (D), (E) AND (I), 1548, 1549(B)
    16  AND 1552 OF TITLE 75 ARE AMENDED TO READ:
    17  § 1541.  PERIOD OF DISQUALIFICATION, REVOCATION OR SUSPENSION OF
    18             OPERATING PRIVILEGE.
    19     * * *
    20     (A.1)  CREDIT TOWARD SERVING PERIOD OF SUSPENSION FOR CERTAIN
    21  VIOLATIONS.--CREDIT TOWARD SERVING THE PERIOD OF SUSPENSION OR
    22  REVOCATION IMPOSED FOR SECTIONS [3731 (RELATING TO DRIVING UNDER
    23  INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE),] 3732 (RELATING
    24  TO HOMICIDE BY VEHICLE), 3735 (RELATING TO HOMICIDE BY VEHICLE
    25  WHILE DRIVING UNDER THE INFLUENCE) [AND], 3735.1 (RELATING TO
    26  AGGRAVATED ASSAULT BY VEHICLE WHILE DRIVING UNDER THE INFLUENCE)
    27  AND 3802 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR
    28  CONTROLLED SUBSTANCE) SHALL NOT COMMENCE UNTIL THE DATE OF THE
    29  PERSON'S RELEASE FROM PRISON.
    30     * * *
    20030S0008B1078                 - 159 -    

     1     (D)  CONTINUED SUSPENSION OF OPERATING PRIVILEGE.--A
     2  DEFENDANT ORDERED BY THE COURT UNDER SECTION [1548] 3816
     3  (RELATING TO REQUIREMENTS FOR DRIVING UNDER INFLUENCE
     4  OFFENDERS), AS THE RESULT OF A CONVICTION OR ACCELERATED
     5  REHABILITATIVE DISPOSITION OF A VIOLATION OF SECTION [3731
     6  (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED
     7  SUBSTANCE)] 3802, TO ATTEND A TREATMENT PROGRAM FOR ALCOHOL OR
     8  DRUG ADDICTION MUST SUCCESSFULLY COMPLETE ALL REQUIREMENTS OF
     9  THE TREATMENT PROGRAM ORDERED BY THE COURT BEFORE THE
    10  DEFENDANT'S OPERATING PRIVILEGE MAY BE RESTORED. SUCCESSFUL
    11  COMPLETION OF A TREATMENT PROGRAM INCLUDES THE PAYMENT OF ALL
    12  COURT-IMPOSED FINES AND COSTS, AS WELL AS FEES TO BE PAID TO THE
    13  TREATMENT PROGRAM BY THE DEFENDANT. IF A DEFENDANT FAILS TO
    14  SUCCESSFULLY COMPLETE THE REQUIREMENTS OF A TREATMENT PROGRAM,
    15  THE SUSPENSION SHALL REMAIN IN EFFECT UNTIL THE DEFENDANT
    16  COMPLETES THE PROGRAM AND IS OTHERWISE ELIGIBLE FOR RESTORATION
    17  OF HIS OPERATING PRIVILEGE. THE TREATMENT AGENCY SHALL
    18  IMMEDIATELY NOTIFY THE COURT OF SUCCESSFUL COMPLETION OF THE
    19  TREATMENT PROGRAM. THE FINAL DECISION AS TO WHETHER A DEFENDANT
    20  HAS SUCCESSFULLY COMPLETED THE TREATMENT PROGRAM RESTS WITH THE
    21  COURT.
    22  § 1542.  REVOCATION OF HABITUAL OFFENDER'S LICENSE.
    23     * * *
    24     (B)  OFFENSES ENUMERATED.--THREE CONVICTIONS ARISING FROM
    25  SEPARATE ACTS OF ANY ONE OR MORE OF THE FOLLOWING OFFENSES
    26  COMMITTED BY ANY PERSON SHALL RESULT IN SUCH PERSON BEING
    27  DESIGNATED AS A HABITUAL OFFENDER:
    28         (1)  ANY VIOLATION OF SUBCHAPTER B OF CHAPTER 37
    29     (RELATING TO SERIOUS TRAFFIC OFFENSES).
    30         (1.1)  ANY VIOLATION OF CHAPTER 38 (RELATING TO DRIVING
    20030S0008B1078                 - 160 -    

     1     WHILE IMPAIRED) EXCEPT FOR SECTION 3809 (RELATING TO
     2     RESTRICTION ON ALCOHOLIC BEVERAGES).
     3         (2)  ANY VIOLATION OF SECTION 3367 (RELATING TO RACING ON
     4     HIGHWAYS).
     5         (3)  ANY VIOLATION OF SECTION 3742 (RELATING TO ACCIDENTS
     6     INVOLVING DEATH OR PERSONAL INJURY).
     7         (3.1)  ANY VIOLATION OF SECTION 3742.1 (RELATING TO
     8     ACCIDENTS INVOLVING DEATH OR PERSONAL INJURY WHILE NOT
     9     PROPERLY LICENSED).
    10         (4)  ANY VIOLATION OF SECTION 3743 (RELATING TO ACCIDENTS
    11     INVOLVING DAMAGE TO ATTENDED VEHICLE OR PROPERTY).
    12     * * *
    13  § 1543.  DRIVING WHILE OPERATING PRIVILEGE IS SUSPENDED OR
    14             REVOKED.
    15     * * *
    16     (B)  CERTAIN OFFENSES.--
    17         (1)  A PERSON WHO DRIVES A MOTOR VEHICLE ON A HIGHWAY OR
    18     TRAFFICWAY OF THIS COMMONWEALTH AT A TIME WHEN THE PERSON'S
    19     OPERATING PRIVILEGE IS SUSPENDED OR REVOKED AS A CONDITION OF
    20     ACCEPTANCE OF ACCELERATED REHABILITATIVE DISPOSITION FOR A
    21     VIOLATION OF SECTION [3731] 3802 (RELATING TO DRIVING UNDER
    22     INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE) OR BECAUSE OF A
    23     VIOLATION OF SECTION 1547(B)(1) (RELATING TO SUSPENSION FOR
    24     REFUSAL) OR [3731] 3802 OR IS SUSPENDED UNDER SECTION 1581
    25     (RELATING TO DRIVER'S LICENSE COMPACT) FOR AN OFFENSE
    26     SUBSTANTIALLY SIMILAR TO A VIOLATION OF SECTION [3731] 3802
    27     SHALL, UPON CONVICTION, BE GUILTY OF A SUMMARY OFFENSE AND
    28     SHALL BE SENTENCED TO PAY A FINE OF [$1,000] $500 AND TO
    29     UNDERGO IMPRISONMENT FOR A PERIOD OF NOT LESS THAN [90] 60
    30     DAYS.
    20030S0008B1078                 - 161 -    

     1         (1.1)  (I)  A PERSON WHO HAS AN AMOUNT OF ALCOHOL BY
     2         WEIGHT IN HIS BLOOD THAT IS EQUAL TO OR GREATER THAN .02%
     3         OR [IS UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE AS
     4         DEFINED IN SECTION 1603 (RELATING TO DEFINITIONS)] WHO
     5         HAS ANY AMOUNT OF A SCHEDULE I, II OR III CONTROLLED
     6         SUBSTANCE, AS DEFINED IN THE ACT OF APRIL 14, 1972
     7         (P.L.233, NO.64), KNOWN AS THE CONTROLLED SUBSTANCE,
     8         DRUG, DEVICE AND COSMETIC ACT, OR ITS METABOLITE, WHICH
     9         HAS NOT BEEN MEDICALLY PRESCRIBED FOR THE INDIVIDUAL AND
    10         WHO DRIVES A MOTOR VEHICLE ON ANY HIGHWAY OR TRAFFICWAY
    11         OF THIS COMMONWEALTH AT A TIME WHEN THE PERSON'S
    12         OPERATING PRIVILEGE IS SUSPENDED OR REVOKED AS A
    13         CONDITION OF ACCEPTANCE OF ACCELERATED REHABILITATIVE
    14         DISPOSITION FOR A VIOLATION OF SECTION [3731] 3802 OR
    15         BECAUSE OF A VIOLATION OF SECTION 1547(B)(1) OR [3731]
    16         3802 OR IS SUSPENDED UNDER SECTION 1581 FOR AN OFFENSE
    17         SUBSTANTIALLY SIMILAR TO A VIOLATION OF SECTION [3731]
    18         3802 SHALL, UPON A FIRST CONVICTION, BE GUILTY OF A
    19         SUMMARY OFFENSE AND SHALL BE SENTENCED TO PAY A FINE OF
    20         $1,000 AND TO UNDERGO IMPRISONMENT FOR A PERIOD OF NOT
    21         LESS THAN 90 DAYS.
    22             (II)  A SECOND VIOLATION OF THIS PARAGRAPH SHALL
    23         CONSTITUTE A MISDEMEANOR OF THE THIRD DEGREE, AND UPON
    24         CONVICTION THEREOF THE PERSON SHALL BE SENTENCED TO PAY A
    25         FINE OF $2,500 AND TO UNDERGO IMPRISONMENT FOR NOT LESS
    26         THAN SIX MONTHS.
    27             (III)  A THIRD OR SUBSEQUENT VIOLATION OF THIS
    28         PARAGRAPH SHALL CONSTITUTE A MISDEMEANOR OF THE FIRST
    29         DEGREE, AND UPON CONVICTION THEREOF THE PERSON SHALL BE
    30         SENTENCED TO PAY A FINE OF $5,000 AND TO UNDERGO
    20030S0008B1078                 - 162 -    

     1         IMPRISONMENT FOR NOT LESS THAN TWO YEARS.
     2         (2)  THIS SUBSECTION SHALL APPLY TO ANY PERSON AGAINST
     3     WHOM ONE OF THESE SUSPENSIONS HAS BEEN IMPOSED WHETHER THE
     4     PERSON IS CURRENTLY SERVING THIS SUSPENSION OR WHETHER THE
     5     EFFECTIVE DATE OF SUSPENSION HAS BEEN DEFERRED UNDER ANY OF
     6     THE PROVISIONS OF SECTION 1544 (RELATING TO ADDITIONAL PERIOD
     7     OF REVOCATION OR SUSPENSION). THIS PROVISION SHALL ALSO APPLY
     8     UNTIL THE PERSON HAS HAD THE OPERATING PRIVILEGE RESTORED.
     9     THIS SUBSECTION SHALL ALSO APPLY TO ANY REVOCATION IMPOSED
    10     PURSUANT TO SECTION 1542 (RELATING TO REVOCATION OF HABITUAL
    11     OFFENDER'S LICENSE) IF ANY OF THE ENUMERATED OFFENSES WAS FOR
    12     A VIOLATION OF SECTION [3731] 3802 OR FOR AN OUT-OF-STATE
    13     OFFENSE THAT IS SUBSTANTIALLY SIMILAR TO A VIOLATION OF
    14     SECTION [3731] 3802 FOR WHICH A REVOCATION IS IMPOSED UNDER
    15     SECTION 1581.
    16     * * *
    17  § 1545.  RESTORATION OF OPERATING PRIVILEGE.
    18     UPON THE RESTORATION OF ANY PERSON'S OPERATING PRIVILEGE
    19  WHICH HAS BEEN SUSPENDED OR REVOKED PURSUANT TO THIS SUBCHAPTER
    20  OR PURSUANT TO CHAPTER 38 (RELATING TO DRIVING WHILE IMPAIRED),
    21  SUCH PERSON'S RECORD SHALL SHOW FIVE POINTS, EXCEPT THAT ANY
    22  ADDITIONAL POINTS ASSESSED AGAINST THE PERSON SINCE THE DATE OF
    23  THE LAST VIOLATION RESULTING IN THE SUSPENSION OR REVOCATION
    24  SHALL BE ADDED TO SUCH FIVE POINTS UNLESS THE PERSON HAS SERVED
    25  AN ADDITIONAL PERIOD OF SUSPENSION OR REVOCATION PURSUANT TO
    26  SECTION 1544(A) (RELATING TO ADDITIONAL PERIOD OF REVOCATION OR
    27  SUSPENSION). THIS SECTION SHALL NOT APPLY TO SECTION 1533
    28  (RELATING TO SUSPENSION OF OPERATING PRIVILEGE FOR FAILURE TO
    29  RESPOND TO CITATION) OR TO 18 PA.C.S. § 6310.4 (RELATING TO
    30  RESTRICTION OF OPERATING PRIVILEGES).
    20030S0008B1078                 - 163 -    

     1  § 1547.  CHEMICAL TESTING TO DETERMINE AMOUNT OF ALCOHOL OR
     2             CONTROLLED SUBSTANCE.
     3     * * *
     4     (B)  SUSPENSION FOR REFUSAL.--
     5         (1)  IF ANY PERSON PLACED UNDER ARREST FOR A VIOLATION OF
     6     SECTION [3731] 3802 (RELATING TO DRIVING UNDER INFLUENCE OF
     7     ALCOHOL OR CONTROLLED SUBSTANCE) IS REQUESTED TO SUBMIT TO
     8     CHEMICAL TESTING AND REFUSES TO DO SO, THE TESTING SHALL NOT
     9     BE CONDUCTED BUT UPON NOTICE BY THE POLICE OFFICER, THE
    10     DEPARTMENT SHALL SUSPEND THE OPERATING PRIVILEGE OF THE
    11     PERSON [FOR A PERIOD OF 12 MONTHS.] AS FOLLOWS:
    12             (I)  EXCEPT AS SET FORTH IN SUBPARAGRAPH (II), FOR A
    13         PERIOD OF 12 MONTHS.
    14             (II)  FOR A PERIOD OF 24 MONTHS IF ANY OF THE
    15         FOLLOWING APPLY:
    16                 (A)  THE PERSON'S OPERATING PRIVILEGES HAVE
    17             PREVIOUSLY BEEN SUSPENDED UNDER THIS SUBSECTION.
    18                 (B)  THE PERSON HAS, PRIOR TO THE REFUSAL UNDER
    19             THIS PARAGRAPH, BEEN SENTENCED FOR:
    20                     (I)  AN OFFENSE UNDER FORMER SECTION 3731;
    21                     (II)  AN OFFENSE UNDER SECTION 3802 (RELATING
    22                 TO DRIVING UNDER INFLUENCE OF ALCOHOL OR
    23                 CONTROLLED SUBSTANCE);
    24                     (III)  AN OFFENSE EQUIVALENT TO AN OFFENSE
    25                 UNDER SUBCLAUSE (I) OR (II); OR
    26                     (IV)  A COMBINATION OF THE OFFENSES SET FORTH
    27                 IN THIS CLAUSE.
    28         (2)  IT SHALL BE THE DUTY OF THE POLICE OFFICER TO INFORM
    29     THE PERSON THAT:
    30             (I)  THE PERSON'S OPERATING PRIVILEGE WILL BE
    20030S0008B1078                 - 164 -    

     1         SUSPENDED UPON REFUSAL TO SUBMIT TO CHEMICAL TESTING[.];
     2         AND
     3             (II)  UPON CONVICTION, PLEA OR ADJUDICATION OF
     4         DELINQUENCY FOR VIOLATING SECTION 3802(A), THE PERSON
     5         WILL BE SUBJECT TO THE PENALTIES PROVIDED IN SECTION
     6         3804(C) (RELATING TO PENALTIES).
     7             * * *
     8     (C)  TEST RESULTS ADMISSIBLE IN EVIDENCE.--IN ANY SUMMARY
     9  PROCEEDING OR CRIMINAL PROCEEDING IN WHICH THE DEFENDANT IS
    10  CHARGED WITH A VIOLATION OF SECTION [3731] 3802 OR ANY OTHER
    11  VIOLATION OF THIS TITLE ARISING OUT OF THE SAME ACTION, THE
    12  AMOUNT OF ALCOHOL OR CONTROLLED SUBSTANCE IN THE DEFENDANT'S
    13  BLOOD, AS SHOWN BY CHEMICAL TESTING OF THE PERSON'S BREATH,
    14  BLOOD OR URINE, WHICH TESTS WERE CONDUCTED BY QUALIFIED PERSONS
    15  USING APPROVED EQUIPMENT, SHALL BE ADMISSIBLE IN EVIDENCE.
    16         (1)  CHEMICAL TESTS OF BREATH SHALL BE PERFORMED ON
    17     DEVICES APPROVED BY THE DEPARTMENT OF HEALTH USING PROCEDURES
    18     PRESCRIBED JOINTLY BY REGULATIONS OF THE DEPARTMENTS OF
    19     HEALTH AND TRANSPORTATION. DEVICES SHALL HAVE BEEN CALIBRATED
    20     AND TESTED FOR ACCURACY WITHIN A PERIOD OF TIME AND IN A
    21     MANNER SPECIFIED BY REGULATIONS OF THE DEPARTMENTS OF HEALTH
    22     AND TRANSPORTATION. FOR PURPOSES OF BREATH TESTING, A
    23     QUALIFIED PERSON MEANS A PERSON WHO HAS FULFILLED THE
    24     TRAINING REQUIREMENT IN THE USE OF THE EQUIPMENT IN A
    25     TRAINING PROGRAM APPROVED BY THE DEPARTMENTS OF HEALTH AND
    26     TRANSPORTATION. A CERTIFICATE OR LOG SHOWING THAT A DEVICE
    27     WAS CALIBRATED AND TESTED FOR ACCURACY AND THAT THE DEVICE
    28     WAS ACCURATE SHALL BE PRESUMPTIVE EVIDENCE OF THOSE FACTS IN
    29     EVERY PROCEEDING IN WHICH A VIOLATION OF THIS TITLE IS
    30     CHARGED.
    20030S0008B1078                 - 165 -    

     1         (2)  CHEMICAL TESTS OF BLOOD OR URINE, IF CONDUCTED BY A
     2     FACILITY LOCATED IN THIS COMMONWEALTH, SHALL BE PERFORMED BY
     3     A CLINICAL LABORATORY LICENSED AND APPROVED BY THE DEPARTMENT
     4     OF HEALTH FOR THIS PURPOSE USING PROCEDURES AND EQUIPMENT
     5     PRESCRIBED BY THE DEPARTMENT OF HEALTH OR BY A PENNSYLVANIA
     6     STATE POLICE CRIMINAL LABORATORY. FOR PURPOSES OF BLOOD AND
     7     URINE TESTING, QUALIFIED PERSON MEANS AN INDIVIDUAL WHO IS
     8     AUTHORIZED TO PERFORM THOSE CHEMICAL TESTS UNDER THE ACT OF
     9     SEPTEMBER 26, 1951 (P.L.1539, NO.389), KNOWN AS THE CLINICAL
    10     LABORATORY ACT.
    11         (3)  CHEMICAL TESTS OF BLOOD OR URINE, IF CONDUCTED BY A
    12     FACILITY LOCATED OUTSIDE THIS COMMONWEALTH, SHALL BE
    13     PERFORMED:
    14             (I)  BY A FACILITY LICENSED BY THE DEPARTMENT OF
    15         HEALTH; OR
    16             (II)  BY A FACILITY LICENSED TO CONDUCT THE TESTS BY
    17         THE STATE IN WHICH THE FACILITY IS LOCATED AND LICENSED
    18         PURSUANT TO THE CLINICAL LABORATORY IMPROVEMENT
    19         AMENDMENTS OF 1988 (PUBLIC LAW 100-578, 102 STAT. 2903).
    20     [(D)  PRESUMPTIONS FROM AMOUNT OF ALCOHOL.--IF CHEMICAL
    21  TESTING OF A PERSON'S BREATH, BLOOD OR URINE SHOWS:
    22         (1)  THAT THE AMOUNT OF ALCOHOL BY WEIGHT IN THE BLOOD OF
    23     AN ADULT IS 0.05% OR LESS, IT SHALL BE PRESUMED THAT THE
    24     ADULT WAS NOT UNDER THE INFLUENCE OF ALCOHOL AND THE ADULT
    25     SHALL NOT BE CHARGED WITH ANY VIOLATION UNDER SECTION
    26     3731(A)(1), (4) OR (5) (RELATING TO DRIVING UNDER INFLUENCE
    27     OF ALCOHOL OR CONTROLLED SUBSTANCE), OR, IF THE ADULT WAS SO
    28     CHARGED PRIOR TO THE TEST, THE CHARGE SHALL BE VOID AB
    29     INITIO. THIS FACT SHALL NOT GIVE RISE TO ANY PRESUMPTION
    30     CONCERNING A VIOLATION OF SECTION 3731(A)(2) OR (3) OR (I).
    20030S0008B1078                 - 166 -    

     1         (2)  THAT THE AMOUNT OF ALCOHOL BY WEIGHT IN THE BLOOD OF
     2     AN ADULT IS IN EXCESS OF 0.05% BUT LESS THAN 0.10%, THIS FACT
     3     SHALL NOT GIVE RISE TO ANY PRESUMPTION THAT THE ADULT WAS OR
     4     WAS NOT UNDER THE INFLUENCE OF ALCOHOL, BUT THIS FACT MAY BE
     5     CONSIDERED WITH OTHER COMPETENT EVIDENCE IN DETERMINING
     6     WHETHER THE ADULT WAS OR WAS NOT UNDER THE INFLUENCE OF
     7     ALCOHOL. THIS PROVISION SHALL NOT NEGATE THE PROVISIONS OF
     8     SECTION 3731(I).
     9         (3)  THAT THE AMOUNT OF ALCOHOL BY WEIGHT IN THE BLOOD
    10     OF:
    11             (I)  AN ADULT IS 0.10% OR MORE; OR
    12             (II)  A MINOR IS 0.02% OR MORE,
    13     THIS FACT MAY BE INTRODUCED INTO EVIDENCE IF THE PERSON IS
    14     CHARGED WITH VIOLATING SECTION 3731.]
    15     (E)  REFUSAL ADMISSIBLE IN EVIDENCE.--IN ANY SUMMARY
    16  PROCEEDING OR CRIMINAL PROCEEDING IN WHICH THE DEFENDANT IS
    17  CHARGED WITH A VIOLATION OF SECTION [3731] 3802 OR ANY OTHER
    18  VIOLATION OF THIS TITLE ARISING OUT OF THE SAME ACTION, THE FACT
    19  THAT THE DEFENDANT REFUSED TO SUBMIT TO CHEMICAL TESTING AS
    20  REQUIRED BY SUBSECTION (A) MAY BE INTRODUCED IN EVIDENCE ALONG
    21  WITH OTHER TESTIMONY CONCERNING THE CIRCUMSTANCES OF THE
    22  REFUSAL. NO PRESUMPTIONS SHALL ARISE FROM THIS EVIDENCE BUT IT
    23  MAY BE CONSIDERED ALONG WITH OTHER FACTORS CONCERNING THE
    24  CHARGE.
    25     * * *
    26     (I)  REQUEST BY DRIVER FOR TEST.--ANY PERSON INVOLVED IN AN
    27  ACCIDENT OR PLACED UNDER ARREST FOR A VIOLATION OF SECTION
    28  [3731] 3802 MAY REQUEST A CHEMICAL TEST OF HIS BREATH, BLOOD OR
    29  URINE. SUCH REQUESTS SHALL BE HONORED WHEN IT IS REASONABLY
    30  PRACTICABLE TO DO SO.
    20030S0008B1078                 - 167 -    

     1     * * *
     2  § 1548.  REQUIREMENTS FOR DRIVING UNDER INFLUENCE OFFENDERS.
     3     [(A)  EVALUATION USING COURT REPORTING NETWORK.--IN ADDITION
     4  TO ANY OTHER REQUIREMENTS OF THE COURT, EVERY PERSON CONVICTED
     5  OF A VIOLATION OF SECTION 3731 (RELATING TO DRIVING UNDER
     6  INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE) AND EVERY PERSON
     7  OFFERED ACCELERATED REHABILITATIVE DISPOSITION AS A RESULT OF A
     8  CHARGE OF A VIOLATION OF SECTION 3731 SHALL, PRIOR TO SENTENCING
     9  OR RECEIVING ACCELERATED REHABILITATIVE DISPOSITION OR OTHER
    10  PRELIMINARY DISPOSITION, BE EVALUATED USING COURT REPORTING
    11  NETWORK INSTRUMENTS ISSUED BY THE DEPARTMENT AND ANY OTHER
    12  ADDITIONAL EVALUATION TECHNIQUES DEEMED APPROPRIATE BY THE COURT
    13  TO DETERMINE THE EXTENT OF THE PERSON'S INVOLVEMENT WITH ALCOHOL
    14  OR CONTROLLED SUBSTANCES AND TO ASSIST THE COURT IN DETERMINING
    15  WHAT SENTENCING, PROBATION OR CONDITIONS OF ACCELERATED
    16  REHABILITATIVE DISPOSITION WOULD BENEFIT THE PERSON OR THE
    17  PUBLIC.
    18     (B)  ATTENDANCE AT ALCOHOL HIGHWAY SAFETY SCHOOL.--IN
    19  ADDITION TO ANY OTHER REQUIREMENTS OF THE COURT, EVERY PERSON
    20  CONVICTED OF A FIRST OFFENSE UNDER SECTION 3731 AND EVERY PERSON
    21  PLACED ON ACCELERATED REHABILITATIVE DISPOSITION OR OTHER
    22  PRELIMINARY DISPOSITION AS A RESULT OF A CHARGE OF A VIOLATION
    23  OF SECTION 3731 SHALL, AS A PART OF SENTENCING OR AS A CONDITION
    24  OF PAROLE, PROBATION OR ACCELERATED REHABILITATIVE DISPOSITION,
    25  BE REQUIRED TO ATTEND AND SUCCESSFULLY COMPLETE AN APPROVED
    26  ALCOHOL HIGHWAY SAFETY SCHOOL ESTABLISHED PURSUANT TO SECTION
    27  1549 (RELATING TO ESTABLISHMENT OF SCHOOLS). ALL PERSONS
    28  REQUIRED TO PARTICIPATE IN THIS PROGRAM SHALL BE GIVEN BOTH ORAL
    29  AND WRITTEN NOTICE OF THE PROVISIONS OF SECTION 1543(B)
    30  (RELATING TO DRIVING WHILE OPERATING PRIVILEGE IS SUSPENDED OR
    20030S0008B1078                 - 168 -    

     1  REVOKED). PERSONS CONVICTED OF A SECOND OR SUBSEQUENT OFFENSE
     2  UNDER SECTION 3731 SHALL BE REQUIRED BY THE COURT TO BE TREATED
     3  FOR ALCOHOL OR DRUG ADDICTION PURSUANT TO SUBSECTION (D).]
     4     (C)  RESULTS OF EVALUATION.--
     5         (1)  THIS SUBSECTION SHALL APPLY AS FOLLOWS:
     6             (I)  TO OFFENDERS SENTENCED UNDER SECTION 3804(A)(3),
     7         (B)(2) AND (C)(1) (RELATING TO PENALTIES) AFTER SEPTEMBER
     8         29, 2003, AND BEFORE JULY 1, 2006.
     9             (II)  TO OFFENDERS SENTENCED UNDER SECTION 3804(A)(1)
    10         AND (2) AND (B)(1) AFTER SEPTEMBER 29, 2003, AND BEFORE
    11         JULY 1, 2009.
    12         (2)  BASED ON THE RESULTS OF EVALUATION AND ANY
    13     ADDITIONAL INFORMATION AND EVIDENCE, THE COURT MAY IN
    14     ADDITION TO ANY OTHER REQUIREMENTS OF THE COURT OR THIS TITLE
    15     DETERMINE AND REQUIRE, AS PART OF SENTENCING OR CONDITION OF
    16     PAROLE, PROBATION OR ACCELERATED REHABILITATIVE DISPOSITION
    17     OR OTHER PRELIMINARY DISPOSITION, THAT THE PERSON
    18     SUCCESSFULLY COMPLETE A PRESCRIBED PROGRAM OF INDIVIDUAL OR
    19     GROUP INTERVENTION OR SUPERVISED INPATIENT OR OUTPATIENT
    20     TREATMENT OR ANY COMBINATION OF THESE PROGRAMS OR TREATMENTS
    21     FOR A PERIOD OF UP TO TWO YEARS IN DURATION. ANY PROGRAM OF
    22     INDIVIDUAL OR GROUP INTERVENTION OR SUPERVISED INPATIENT OR
    23     OUTPATIENT TREATMENT SHALL BE OF A TYPE APPROVED BY THE
    24     DEPARTMENT OF HEALTH OR OPERATED BY A FACILITY OR HOSPITAL
    25     THAT IS UNDER THE AUTHORITY OF THE UNITED STATES ARMED FORCES
    26     OR THE DEPARTMENT OF VETERANS AFFAIRS. BASED ON PERIODIC
    27     REVIEWS OF THE PERSON'S PROGRESS, THE COURT MAY ALTER, MODIFY
    28     OR SHORTEN OR EXTEND THE DURATION OF THE REQUIREMENTS.
    29         (3)  THIS SUBSECTION SHALL EXPIRE JULY 1, 2009.
    30     (D)  ORDER FOR ALCOHOL OR DRUG COMMITMENT.--
    20030S0008B1078                 - 169 -    

     1         (1)  THIS SUBSECTION SHALL APPLY AS FOLLOWS:
     2             (I)  TO OFFENDERS SENTENCED UNDER SECTION 3804(A)(3),
     3         (B)(2) AND (C)(1) AFTER SEPTEMBER 29, 2003, AND BEFORE
     4         JULY 1, 2006.
     5             (II)  TO OFFENDERS SENTENCED UNDER SECTION 3804(A)(1)
     6         AND (2) AND (B)(1) AFTER SEPTEMBER 29, 2003, AND BEFORE
     7         JULY 1, 2009.
     8         (2)  IF AFTER EVALUATION AND FURTHER EXAMINATION AND
     9     HEARING IT IS DETERMINED THAT A DEFENDANT IS AN ALLEGED
    10     CHRONIC ABUSER OF ALCOHOL OR CONTROLLED SUBSTANCES OR THAT
    11     THE PERSON IS A SEVERELY DEBILITATED CONTROLLED SUBSTANCE OR
    12     ALCOHOL ABUSER WHO REPRESENTS A DEMONSTRATED AND SERIOUS
    13     THREAT, THE COURT MAY ORDER THE PERSON COMMITTED FOR
    14     TREATMENT AT A FACILITY OR INSTITUTION APPROVED BY THE
    15     DEPARTMENT OF HEALTH OR OPERATED BY A FACILITY OR HOSPITAL
    16     THAT IS UNDER THE AUTHORITY OF THE UNITED STATES ARMED FORCES
    17     OR THE DEPARTMENT OF VETERANS AFFAIRS. IF THE DEFENDANT HAS
    18     BEEN CONVICTED OF A PREVIOUS VIOLATION OF SECTION 3731, THE
    19     COURT SHALL ORDER THE PERSON COMMITTED TO A DRUG AND ALCOHOL
    20     TREATMENT PROGRAM LICENSED BY THE OFFICE OF DRUG AND ALCOHOL
    21     PROGRAMS OF THE DEPARTMENT OF HEALTH OR OPERATED BY A
    22     FACILITY OR HOSPITAL THAT IS UNDER THE AUTHORITY OF THE
    23     UNITED STATES ARMED FORCES OR THE DEPARTMENT OF VETERANS
    24     AFFAIRS:
    25         [(1)] (I)  ANY PERSON SUBJECT TO THIS SUBSECTION MAY BE
    26     EXAMINED BY AN APPROPRIATE PHYSICIAN OF THE PERSON'S CHOOSING
    27     AND THE RESULT OF THE EXAMINATION SHALL BE CONSIDERED BY THE
    28     COURT.
    29         [(2)] (II)  UPON MOTION DULY MADE BY THE COMMITTED
    30     PERSON, AN ATTORNEY OR AN ATTENDING PHYSICIAN, THE COURT AT
    20030S0008B1078                 - 170 -    

     1     ANY TIME AFTER AN ORDER OF COMMITMENT MAY REVIEW THE ORDER.
     2     AFTER DETERMINING THE PROGRESS OF TREATMENT, THE COURT MAY
     3     ORDER ITS CONTINUATION, THE PERSON'S RELEASE OR SUPERVISED
     4     TREATMENT ON AN OUTPATIENT BASIS.
     5         [(3)] (III)  ANY PERSON ORDERED BY THE COURT TO RECEIVE
     6     TREATMENT AFTER A FIRST OFFENSE, AND ANY PERSON REQUIRED TO
     7     RECEIVE TREATMENT AFTER A SECOND OFFENSE UNDER SECTION 3731
     8     MUST DEMONSTRATE TO THE COURT THAT THE DEFENDANT HAS
     9     SUCCESSFULLY COMPLETED TREATMENT ACCORDING TO ALL GUIDELINES
    10     REQUIRED BY THE PROGRAM BEFORE THE PERSON'S OPERATING
    11     PRIVILEGE MAY BE RESTORED.
    12         (3)  THIS SUBSECTION SHALL EXPIRE JULY 1, 2009.
    13     (E)  COSTS.--COSTS OF ANY AND ALL REQUIREMENTS APPLIED UNDER
    14  THIS SECTION SHALL BE IN ADDITION TO ANY OTHER PENALTY REQUIRED
    15  OR ALLOWED BY LAW AND SHALL BE THE RESPONSIBILITY OF THE PERSON
    16  UPON WHOM THE REQUIREMENTS ARE PLACED. THIS SUBSECTION SHALL
    17  EXPIRE JULY 1, 2009.
    18     (F)  COURT-ORDERED INTERVENTION OR TREATMENT.--
    19         (1)  THIS SUBSECTION SHALL APPLY AS FOLLOWS:
    20             (I)  TO OFFENDERS SENTENCED UNDER SECTION 3804(A)(3),
    21         (B)(2) AND (C)(1) AFTER SEPTEMBER 29, 2003, AND BEFORE
    22         JULY 1, 2006.
    23             (II)  TO OFFENDERS SENTENCED UNDER SECTION 3804(A)(1)
    24         AND (2) AND (B)(1) AFTER SEPTEMBER 29, 2003, AND BEFORE
    25         JULY 1, 2009.
    26         (2)  A RECORD SHALL BE SUBMITTED TO THE DEPARTMENT AS TO
    27     WHETHER THE COURT DID OR DID NOT ORDER A DEFENDANT TO ATTEND
    28     A PROGRAM OF SUPERVISED INDIVIDUAL OR GROUP COUNSELING
    29     TREATMENT OR SUPERVISED INPATIENT OR OUTPATIENT TREATMENT. IF
    30     THE COURT ORDERS TREATMENT, A REPORT SHALL BE FORWARDED TO
    20030S0008B1078                 - 171 -    

     1     THE DEPARTMENT AS TO WHETHER THE DEFENDANT SUCCESSFULLY
     2     COMPLETED THE PROGRAM. IF A DEFENDANT FAILS TO SUCCESSFULLY
     3     COMPLETE A PROGRAM OF TREATMENT AS ORDERED BY THE COURT, THE
     4     SUSPENSION SHALL REMAIN IN EFFECT UNTIL THE DEPARTMENT IS
     5     NOTIFIED BY THE COURT THAT THE DEFENDANT HAS SUCCESSFULLY
     6     COMPLETED TREATMENT AND THE DEFENDANT IS OTHERWISE ELIGIBLE
     7     FOR RESTORATION OF HIS OPERATING PRIVILEGE. IN ORDER TO
     8     IMPLEMENT THE RECORDKEEPING REQUIREMENTS OF THIS SECTION, THE
     9     DEPARTMENT AND THE COURT SHALL WORK TOGETHER TO EXCHANGE
    10     PERTINENT INFORMATION ABOUT A DEFENDANT'S CASE, INCLUDING
    11     ATTENDANCE AND COMPLETION OF TREATMENT OR FAILURE TO COMPLETE
    12     TREATMENT.
    13         (3)  THIS SUBSECTION SHALL EXPIRE JULY 1, 2009.
    14  § 1549.  ESTABLISHMENT OF SCHOOLS.
    15     * * *
    16     (B)  ALCOHOL HIGHWAY SAFETY SCHOOLS.--
    17         (1)  EACH COUNTY, MULTICOUNTY JUDICIAL DISTRICT OR GROUP
    18     OF COUNTIES COMBINED UNDER ONE PROGRAM SHALL, IN COMPLIANCE
    19     WITH REGULATIONS OF THE DEPARTMENT AND THE DEPARTMENT OF
    20     HEALTH, ESTABLISH AND MAINTAIN A COURSE OF INSTRUCTION ON THE
    21     PROBLEMS OF ALCOHOL AND DRIVING. THE TIME DURING WHICH THE
    22     COURSE IS OFFERED SHALL ACCOMMODATE PERSONS' WORK SCHEDULES,
    23     INCLUDING WEEKEND AND EVENING TIMES.
    24         (2)  THESE REGULATIONS SHALL INCLUDE, BUT NOT BE LIMITED
    25     TO, A UNIFORM CURRICULUM FOR THE COURSE OF INSTRUCTION,
    26     TRAINING AND CERTIFICATION REQUIREMENTS FOR INSTRUCTORS AND
    27     PROVISION FOR THE GIVING OF BOTH ORAL AND WRITTEN NOTICE OF
    28     THE PROVISIONS OF SECTION 1543(B) (RELATING TO DRIVING WHILE
    29     OPERATING PRIVILEGE IS SUSPENDED OR REVOKED) TO ALL PROGRAM
    30     PARTICIPANTS.
    20030S0008B1078                 - 172 -    

     1  § 1552.  ACCELERATED REHABILITATIVE DISPOSITION.
     2     THE COURT OF COMMON PLEAS IN EACH JUDICIAL DISTRICT AND THE
     3  MUNICIPAL COURT OF PHILADELPHIA SHALL ESTABLISH AND IMPLEMENT A
     4  PROGRAM FOR ACCELERATED REHABILITATIVE DISPOSITION FOR PERSONS
     5  CHARGED WITH A VIOLATION OF SECTION [3731] 3802 (RELATING TO
     6  DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE) IN
     7  ACCORDANCE WITH THE PROVISIONS OF THIS CHAPTER AND RULES ADOPTED
     8  BY THE SUPREME COURT.
     9     SECTION 12.  SECTION 1553(D)(6), (8), (9) AND (16), (E) AND
    10  (F)(1) OF TITLE 75 ARE AMENDED AND THE SECTION IS AMENDED BY
    11  ADDING SUBSECTIONS TO READ:
    12  § 1553.  OCCUPATIONAL LIMITED LICENSE.
    13     * * *
    14     (D)  UNAUTHORIZED ISSUANCE.--THE DEPARTMENT SHALL PROHIBIT
    15  ISSUANCE OF AN OCCUPATIONAL LIMITED LICENSE TO:
    16         * * *
    17         (6) [ ANY] EXCEPT AS SET FORTH IN SUBSECTION (D.1) OR
    18     (D.2) ANY PERSON WHO HAS  BEEN ADJUDICATED DELINQUENT OR
    19     CONVICTED OF DRIVING UNDER THE INFLUENCE OF ALCOHOL OR
    20     CONTROLLED SUBSTANCE UNLESS THE SUSPENSION OR REVOCATION
    21     IMPOSED FOR THAT CONVICTION HAS BEEN FULLY SERVED.
    22         * * *
    23         (8)  [ANY] EXCEPT AS SET FORTH IN SUBSECTIONS (D.1) AND
    24     (D.2), ANY PERSON WHO HAS BEEN GRANTED A CONSENT DECREE OR
    25     ACCELERATED REHABILITATIVE DISPOSITION FOR DRIVING UNDER THE
    26     INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE AND WHOSE
    27     LICENSE HAS BEEN SUSPENDED BY THE DEPARTMENT UNLESS THE
    28     SUSPENSION IMPOSED HAS BEEN FULLY SERVED.
    29         (9)  [ANY] EXCEPT AS SET FORTH IN SUBSECTION (D.4), ANY
    30     PERSON WHOSE OPERATING PRIVILEGE HAS BEEN SUSPENDED FOR A
    20030S0008B1078                 - 173 -    

     1     VIOLATION OF 18 PA.C.S. § 6308 (RELATING TO PURCHASE,
     2     CONSUMPTION, POSSESSION OR TRANSPORTATION OF LIQUOR OR MALT
     3     OR BREWED BEVERAGES) UNLESS THE SUSPENSION IMPOSED HAS BEEN
     4     FULLY SERVED.
     5         * * *
     6         (16)  [ANY] EXCEPT AS SET FORTH IN SUBSECTION (D.3), ANY
     7     PERSON WHOSE OPERATING PRIVILEGE HAS BEEN SUSPENDED UNDER AN
     8     INTERJURISDICTIONAL AGREEMENT AS PROVIDED FOR IN SECTION 6146
     9     AS THE RESULT OF A CONVICTION OR ADJUDICATION IF THE
    10     CONVICTION OR ADJUDICATION FOR AN EQUIVALENT OFFENSE IN THIS
    11     COMMONWEALTH WOULD HAVE PROHIBITED THE ISSUANCE OF AN
    12     OCCUPATIONAL LIMITED LICENSE.
    13         * * *
    14     (D.1)  ADJUDICATION ELIGIBILITY.--AN INDIVIDUAL WHO HAS BEEN
    15  ADJUDICATED DELINQUENT, CONVICTED, GRANTED A CONSENT DECREE OR
    16  GRANTED ACCELERATED REHABILITATION DISPOSITION FOR DRIVING UNDER
    17  THE INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE AND DOES NOT
    18  HAVE A PRIOR OFFENSE AS DEFINED IN SECTION 3806(A) (RELATING TO
    19  PRIOR OFFENSES) SHALL BE ELIGIBLE FOR AN OCCUPATIONAL LIMITED
    20  LICENSE.
    21     (D.2)  SUSPENSION ELIGIBILITY.--
    22         (1)  AN INDIVIDUAL WHOSE LICENSE HAS BEEN SUSPENDED FOR A
    23     PERIOD OF 24 MONTHS UNDER SECTION 1547(B)(1)(II) (RELATING TO
    24     CHEMICAL TESTING TO DETERMINE AMOUNT OF ALCOHOL OR CONTROLLED
    25     SUBSTANCE) OR 3804(E)(2)(II) (RELATING TO PENALTIES) SHALL
    26     NOT BE PROHIBITED FROM OBTAINING AN OCCUPATIONAL LIMITED
    27     LICENSE UNDER THIS SECTION IF THE INDIVIDUAL:
    28             (I)  IS OTHERWISE ELIGIBLE FOR RESTORATION;
    29             (II)  HAS SERVED AT LEAST 12 MONTHS OF THE LICENSE
    30         SUSPENSION;
    20030S0008B1078                 - 174 -    

     1             (III)  ONLY OPERATES A MOTOR VEHICLE EQUIPPED WITH AN
     2         IGNITION INTERLOCK SYSTEM AS DEFINED IN SECTION 3801
     3         (RELATING TO DEFINITIONS); AND
     4             (IV)  HAS CERTIFIED TO THE DEPARTMENT UNDER PARAGRAPH
     5         (3).
     6         (2)  A PERIOD OF IGNITION INTERLOCK ACCEPTED UNDER THIS
     7     SUBSECTION SHALL NOT COUNT TOWARDS THE ONE-YEAR MANDATORY
     8     PERIOD OF IGNITION INTERLOCK IMPOSED UNDER SECTION 3805
     9     (RELATING TO IGNITION INTERLOCK).
    10         (3)  IF AN INDIVIDUAL SEEKS AN OCCUPATIONAL LIMITED
    11     LICENSE UNDER THIS SUBSECTION, THE DEPARTMENT SHALL REQUIRE
    12     THAT EACH MOTOR VEHICLE OWNED OR REGISTERED TO THE PERSON HAS
    13     BEEN EQUIPPED WITH AN APPROVED IGNITION INTERLOCK SYSTEM AS A
    14     CONDITION OF ISSUING AN OCCUPATIONAL LIMITED LICENSE WITH AN
    15     IGNITION INTERLOCK RESTRICTION.
    16     (D.3)  INTERJURISDICTIONAL SUSPENSIONS.--AN INDIVIDUAL WHOSE
    17  OPERATING PRIVILEGE HAS BEEN SUSPENDED PURSUANT TO AN
    18  INTERJURISDICTIONAL AGREEMENT UNDER SECTION 6146 AS THE RESULT
    19  OF AN ADJUDICATION OR CONVICTION FOR DRIVING UNDER THE INFLUENCE
    20  OF ALCOHOL OR CONTROLLED SUBSTANCE AND DOES NOT HAVE A PRIOR
    21  OFFENSE AS DEFINED IN SECTION 3806(A) SHALL BE ELIGIBLE FOR AN
    22  OCCUPATIONAL LIMITED LICENSE.
    23     (D.4)  SUSPENSION ELIGIBILITY RELATED TO TITLE 18
    24  VIOLATION.--AN INDIVIDUAL WHOSE OPERATING PRIVILEGE HAS BEEN
    25  SUSPENDED FOR VIOLATION OF 18 PA.C.S. § 6308 SHALL BE ELIGIBLE
    26  FOR AN OCCUPATIONAL LIMITED LICENSE UNLESS THE INDIVIDUAL HAS
    27  PREVIOUSLY VIOLATED 18 PA.C.S. § 6308.
    28     (E)  OFFENSES COMMITTED DURING A PERIOD FOR WHICH AN
    29  OCCUPATIONAL LIMITED LICENSE HAS BEEN ISSUED.--ANY DRIVER WHO
    30  HAS BEEN ISSUED AN OCCUPATIONAL LIMITED LICENSE AND AS TO WHOM
    20030S0008B1078                 - 175 -    

     1  THE DEPARTMENT RECEIVES A REPORT OF CONVICTION OF AN OFFENSE FOR
     2  WHICH THE PENALTY IS A CANCELLATION, DISQUALIFICATION, RECALL,
     3  SUSPENSION OR REVOCATION OF OPERATING PRIVILEGES OR A REPORT
     4  UNDER SECTION 3815(C)(4) (RELATING TO MANDATORY SENTENCING)
     5  SHALL HAVE THE OCCUPATIONAL LIMITED LICENSE RECALLED, AND THE
     6  DRIVER SHALL SURRENDER THE LIMITED LICENSE TO THE DEPARTMENT OR
     7  ITS AGENTS DESIGNATED UNDER THE AUTHORITY OF SECTION 1540.
     8     (F)  RESTRICTIONS.--A DRIVER WHO HAS BEEN ISSUED AN
     9  OCCUPATIONAL LIMITED LICENSE SHALL OBSERVE THE FOLLOWING:
    10         (1)  THE DRIVER SHALL OPERATE A DESIGNATED VEHICLE ONLY
    11     [BETWEEN]:
    12             (I)  BETWEEN THE DRIVER'S PLACE OF RESIDENCE AND
    13         PLACE OF EMPLOYMENT OR STUDY AND AS NECESSARY IN THE
    14         COURSE OF EMPLOYMENT OR CONDUCTING A BUSINESS OR PURSUING
    15         A COURSE OF STUDY WHERE THE OPERATION OF A MOTOR VEHICLE
    16         IS A REQUIREMENT OF EMPLOYMENT OR OF CONDUCTING A
    17         BUSINESS OR OF PURSUING A COURSE OF STUDY.
    18             (II)  TO AND FROM A PLACE FOR SCHEDULED OR EMERGENCY
    19         MEDICAL EXAMINATION OR TREATMENT. THIS SUBPARAGRAPH
    20         INCLUDES TREATMENT REQUIRED UNDER CHAPTER 38 (RELATING TO
    21         DRIVING WHILE IMPAIRED).
    22         * * *
    23     SECTION 13.  SECTIONS 1554(F)(8), 1575(B), 1586, 1611(A)(1),
    24  3101(B), 3326(C), 3327(E) AND 3716(A) OF TITLE 75 ARE AMENDED TO
    25  READ:
    26  § 1554.  PROBATIONARY LICENSE.
    27     * * *
    28     (F)  UNAUTHORIZED ISSUANCE.--THE DEPARTMENT SHALL NOT ISSUE A
    29  PROBATIONARY LICENSE TO:
    30         * * *
    20030S0008B1078                 - 176 -    

     1         (8)  A PERSON WHO HAS BEEN CONVICTED OF A VIOLATION OF
     2     SECTION [3731] 3802 (RELATING TO DRIVING UNDER INFLUENCE OF
     3     ALCOHOL OR CONTROLLED SUBSTANCE) WITHIN THE PRECEDING SEVEN
     4     YEARS.
     5         * * *
     6  § 1575.  PERMITTING VIOLATION OF TITLE.
     7     * * *
     8     (B)  PENALTY.--ANY PERSON VIOLATING THE PROVISIONS OF
     9  SUBSECTION (A) IS GUILTY OF A SUMMARY OFFENSE AND IS SUBJECT TO
    10  THE SAME FINE AS THE DRIVER OF THE VEHICLE. IF THE DRIVER IS
    11  CONVICTED UNDER SECTION [3731 (RELATING TO DRIVING UNDER
    12  INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE) OR] 3735 (RELATING
    13  TO HOMICIDE BY VEHICLE WHILE DRIVING UNDER INFLUENCE) OR 3802
    14  (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED
    15  SUBSTANCE), THE PERSON VIOLATING SUBSECTION (A) SHALL ALSO BE
    16  SUBJECT TO SUSPENSION OR REVOCATION, AS APPLICABLE, UNDER
    17  SECTIONS 1532 (RELATING TO REVOCATION OR SUSPENSION OF OPERATING
    18  PRIVILEGE) [AND], 1542 (RELATING TO REVOCATION OF HABITUAL
    19  OFFENDER'S LICENSE) AND 3804(E) (RELATING TO PENALTIES).
    20     * * *
    21  § 1586.  DUTIES OF DEPARTMENT.
    22     THE DEPARTMENT SHALL, FOR PURPOSES OF IMPOSING A SUSPENSION
    23  OR REVOCATION UNDER ARTICLE IV OF THE COMPACT, TREAT REPORTS OF
    24  CONVICTIONS RECEIVED FROM PARTY STATES THAT RELATE TO DRIVING,
    25  OPERATING OR BEING IN ACTUAL PHYSICAL CONTROL OF A VEHICLE WHILE
    26  IMPAIRED BY OR UNDER THE INFLUENCE OF ALCOHOL, INTOXICATING
    27  LIQUOR, DRUGS, NARCOTICS, CONTROLLED SUBSTANCES OR OTHER
    28  IMPAIRING OR INTOXICATING SUBSTANCE AS BEING SUBSTANTIALLY
    29  SIMILAR TO SECTION [3731] 3802 (RELATING TO DRIVING UNDER THE
    30  INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE). THE FACT THAT THE
    20030S0008B1078                 - 177 -    

     1  OFFENSE REPORTED TO THE DEPARTMENT BY A PARTY STATE MAY REQUIRE
     2  A DIFFERENT DEGREE OF IMPAIRMENT OF A PERSON'S ABILITY TO
     3  OPERATE, DRIVE OR CONTROL A VEHICLE THAN THAT REQUIRED TO
     4  SUPPORT A CONVICTION FOR A VIOLATION OF SECTION [3731] 3802
     5  SHALL NOT BE A BASIS FOR DETERMINING THAT THE PARTY STATE'S
     6  OFFENSE IS NOT SUBSTANTIALLY SIMILAR TO SECTION [3731] 3802 FOR
     7  PURPOSES OF ARTICLE IV OF THE COMPACT.
     8  § 1611.  DISQUALIFICATION.
     9     (A)  DISQUALIFICATION FOR FIRST VIOLATION OF CERTAIN
    10  OFFENSES.--UPON RECEIPT OF A CERTIFIED COPY OF CONVICTION, THE
    11  DEPARTMENT SHALL, IN ADDITION TO ANY OTHER PENALTIES IMPOSED
    12  UNDER THIS TITLE, DISQUALIFY ANY PERSON FROM DRIVING A
    13  COMMERCIAL MOTOR VEHICLE OR SCHOOL VEHICLE FOR A PERIOD OF ONE
    14  YEAR FOR THE FIRST VIOLATION OF:
    15         (1)  SECTION [3731] 3802 (RELATING TO DRIVING UNDER THE
    16     INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE), WHERE THE
    17     VIOLATION OCCURRED WHILE THE PERSON WAS OPERATING A
    18     COMMERCIAL MOTOR VEHICLE OR SCHOOL VEHICLE;
    19         * * *
    20  § 3101.  APPLICATION OF PART.
    21     * * *
    22     (B)  SERIOUS TRAFFIC OFFENSES.--THE PROVISIONS OF SECTION
    23  3345 (RELATING TO MEETING OR OVERTAKING SCHOOL BUS) [AND],
    24  SUBCHAPTER B OF CHAPTER 37 (RELATING TO SERIOUS TRAFFIC
    25  OFFENSES) AND CHAPTER 38 (RELATING TO DRIVING WHILE IMPAIRED)
    26  SHALL APPLY UPON HIGHWAYS AND TRAFFICWAYS THROUGHOUT THIS
    27  COMMONWEALTH.
    28  § 3326.  DUTY OF DRIVER IN CONSTRUCTION AND MAINTENANCE AREAS OR
    29             ON HIGHWAY SAFETY CORRIDORS.
    30     * * *
    20030S0008B1078                 - 178 -    

     1     (C)  FINES TO BE DOUBLED.-- FOR ANY OF THE FOLLOWING
     2  VIOLATIONS, WHEN COMMITTED IN AN ACTIVE WORK ZONE MANNED BY
     3  WORKERS ACTING IN THEIR OFFICIAL CAPACITY OR ON A HIGHWAY SAFETY
     4  CORRIDOR DESIGNATED UNDER SECTION 6105.1 (RELATING TO
     5  DESIGNATION OF HIGHWAY SAFETY CORRIDORS), THE FINE SHALL BE
     6  DOUBLE THE USUAL AMOUNT:
     7             SECTION 3102 (RELATING TO OBEDIENCE TO AUTHORIZED
     8         PERSONS DIRECTING TRAFFIC).
     9             SECTION 3111 (RELATING TO OBEDIENCE TO TRAFFIC-
    10         CONTROL DEVICES).
    11             SECTION 3112 (RELATING TO TRAFFIC-CONTROL SIGNALS).
    12             SECTION 3114 (RELATING TO FLASHING SIGNALS).
    13             SECTION 3302 (RELATING TO MEETING VEHICLE PROCEEDING
    14         IN OPPOSITE DIRECTION).
    15             SECTION 3303 (RELATING TO OVERTAKING VEHICLE ON THE
    16         LEFT).
    17             SECTION 3304 (RELATING TO OVERTAKING VEHICLE ON THE
    18         RIGHT).
    19             SECTION 3305 (RELATING TO LIMITATIONS ON OVERTAKING
    20         ON THE LEFT).
    21             SECTION 3306 (RELATING TO LIMITATIONS ON DRIVING ON
    22         LEFT SIDE OF ROADWAY).
    23             SECTION 3307 (RELATING TO NO-PASSING ZONES).
    24             SECTION 3309 (RELATING TO DRIVING ON ROADWAYS LANED
    25         FOR TRAFFIC).
    26             SECTION 3310 (RELATING TO FOLLOWING TOO CLOSELY).
    27             SECTION 3323 (RELATING TO STOP SIGNS AND YIELD
    28         SIGNS).
    29             SECTION 3326 (RELATING TO DUTY OF DRIVER IN
    30         CONSTRUCTION AND MAINTENANCE AREAS).
    20030S0008B1078                 - 179 -    

     1             SECTION 3361 (RELATING TO DRIVING VEHICLE AT SAFE
     2         SPEED).
     3             SECTION 3362 (RELATING TO MAXIMUM SPEED LIMITS).
     4             SECTION 3702 (RELATING TO LIMITATIONS ON BACKING).
     5             SECTION 3714 (RELATING TO CARELESS DRIVING).
     6             SECTION 3715 (RELATING TO RESTRICTION ON ALCOHOLIC
     7         BEVERAGES).
     8             [SECTION 3731 (RELATING TO DRIVING UNDER INFLUENCE OF
     9         ALCOHOL OR CONTROLLED SUBSTANCE).]
    10             SECTION 3736 (RELATING TO RECKLESS DRIVING).
    11             SECTION 3802 (RELATING TO DRIVING UNDER INFLUENCE OF
    12         ALCOHOL OR CONTROLLED SUBSTANCE).
    13     * * *
    14  § 3327.  DUTY OF DRIVER IN EMERGENCY RESPONSE AREAS.
    15     * * *
    16     (E)  FINES TO BE DOUBLED.--IN ADDITION TO ANY PENALTY AS
    17  PROVIDED IN SUBSECTION (B), THE FINE FOR ANY OF THE FOLLOWING
    18  VIOLATIONS WHEN COMMITTED IN AN EMERGENCY RESPONSE AREA MANNED
    19  BY EMERGENCY SERVICE RESPONDERS SHALL BE DOUBLE THE USUAL
    20  AMOUNT:
    21         SECTION 3102 (RELATING TO OBEDIENCE TO AUTHORIZED PERSONS
    22     DIRECTING TRAFFIC).
    23         SECTION 3111 (RELATING TO OBEDIENCE TO TRAFFIC-CONTROL
    24     DEVICES).
    25         SECTION 3114 (RELATING TO FLASHING SIGNALS).
    26         SECTION 3302 (RELATING TO MEETING VEHICLE PROCEEDING IN
    27     OPPOSITE DIRECTION).
    28         SECTION 3303 (RELATING TO OVERTAKING VEHICLE ON THE
    29     LEFT).
    30         SECTION 3304 (RELATING TO OVERTAKING VEHICLE ON THE
    20030S0008B1078                 - 180 -    

     1     RIGHT).
     2         SECTION 3305 (RELATING TO LIMITATIONS ON OVERTAKING ON
     3     THE LEFT).
     4         SECTION 3306 (RELATING TO LIMITATIONS ON DRIVING ON LEFT
     5     SIDE OF ROADWAY).
     6         SECTION 3307 (RELATING TO NO-PASSING ZONES).
     7         SECTION 3310 (RELATING TO FOLLOWING TOO CLOSELY).
     8         SECTION 3312 (RELATING TO LIMITED ACCESS HIGHWAY
     9     ENTRANCES AND EXITS).
    10         SECTION 3323 (RELATING TO STOP SIGNS AND YIELD SIGNS).
    11         SECTION 3325 (RELATING TO DUTY OF DRIVER ON APPROACH OF
    12     EMERGENCY VEHICLE).
    13         SECTION 3361 (RELATING TO DRIVING VEHICLE AT SAFE SPEED).
    14         SECTION 3707 (RELATING TO DRIVING OR STOPPING CLOSE TO
    15     FIRE APPARATUS).
    16         SECTION 3710 (RELATING TO STOPPING AT INTERSECTION OR
    17     CROSSING TO PREVENT OBSTRUCTION).
    18         SECTION 3714 (RELATING TO CARELESS DRIVING).
    19         SECTION 3715.1 (RELATING TO RESTRICTION ON ALCOHOLIC
    20     BEVERAGES).
    21         [SECTION 3731 (RELATING TO DRIVING UNDER INFLUENCE OF
    22     ALCOHOL OR CONTROLLED SUBSTANCE).]
    23         SECTION 3736 (RELATING TO RECKLESS DRIVING).
    24         SECTION 3802 (RELATING TO DRIVING UNDER INFLUENCE OF
    25     ALCOHOL OR CONTROLLED SUBSTANCE).
    26     * * *
    27  § 3716.  ACCIDENTS INVOLVING OVERTURNED VEHICLES.
    28     (A)  SPEEDING, CARELESS DRIVING, ETC.--IF A COMMERCIAL MOTOR
    29  VEHICLE OVERTURNS IN AN ACCIDENT RESULTING FROM A VIOLATION OF
    30  SECTION 3361 (RELATING TO DRIVING VEHICLE AT SAFE SPEED), 3362
    20030S0008B1078                 - 181 -    

     1  (RELATING TO MAXIMUM SPEED LIMITS), 3714 (RELATING TO CARELESS
     2  DRIVING) OR [3731] 3802 (RELATING TO DRIVING UNDER INFLUENCE OF
     3  ALCOHOL OR CONTROLLED SUBSTANCE), THE OPERATOR OF THE VEHICLE
     4  SHALL, UPON CONVICTION OF ANY OF THE AFOREMENTIONED OFFENSES, BE
     5  SENTENCED TO PAY A FINE OF $2,000, IN ADDITION TO ANY OTHER
     6  PENALTY AUTHORIZED BY LAW.
     7     * * *
     8     SECTION 14.  SECTION 3731 OF TITLE 75 IS REPEALED.
     9     SECTION 15.  SECTIONS 3732(A), 3735(A), 3735.1(A) AND 3755(A)
    10  OF TITLE 75 ARE AMENDED TO READ:
    11  § 3732.  HOMICIDE BY VEHICLE.
    12     (A)  OFFENSE.--ANY PERSON WHO RECKLESSLY OR WITH GROSS
    13  NEGLIGENCE CAUSES THE DEATH OF ANOTHER PERSON WHILE ENGAGED IN
    14  THE VIOLATION OF ANY LAW OF THIS COMMONWEALTH OR MUNICIPAL
    15  ORDINANCE APPLYING TO THE OPERATION OR USE OF A VEHICLE OR TO
    16  THE REGULATION OF TRAFFIC EXCEPT SECTION [3731] 3802 (RELATING
    17  TO DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE)
    18  IS GUILTY OF HOMICIDE BY VEHICLE, A FELONY OF THE THIRD DEGREE,
    19  WHEN THE VIOLATION IS THE CAUSE OF DEATH.
    20     * * *
    21  § 3735.  HOMICIDE BY VEHICLE WHILE DRIVING UNDER INFLUENCE.
    22     (A)  OFFENSE DEFINED.--ANY PERSON WHO UNINTENTIONALLY CAUSES
    23  THE DEATH OF ANOTHER PERSON AS THE RESULT OF A VIOLATION OF
    24  SECTION [3731] 3802 (RELATING TO DRIVING UNDER INFLUENCE OF
    25  ALCOHOL OR CONTROLLED SUBSTANCE) AND WHO IS CONVICTED OF
    26  VIOLATING SECTION [3731] 3802 IS GUILTY OF A FELONY OF THE
    27  SECOND DEGREE WHEN THE VIOLATION IS THE CAUSE OF DEATH AND THE
    28  SENTENCING COURT SHALL ORDER THE PERSON TO SERVE A MINIMUM TERM
    29  OF IMPRISONMENT OF NOT LESS THAN THREE YEARS. A CONSECUTIVE
    30  THREE-YEAR TERM OF IMPRISONMENT SHALL BE IMPOSED FOR EACH VICTIM
    20030S0008B1078                 - 182 -    

     1  WHOSE DEATH IS THE RESULT OF THE VIOLATION OF SECTION [3731]
     2  3802.
     3     * * *
     4  § 3735.1.  AGGRAVATED ASSAULT BY VEHICLE WHILE DRIVING UNDER THE
     5             INFLUENCE.
     6     (A)  OFFENSE DEFINED.--ANY PERSON WHO NEGLIGENTLY CAUSES
     7  SERIOUS BODILY INJURY TO ANOTHER PERSON AS THE RESULT OF A
     8  VIOLATION OF SECTION [3731] 3802 (RELATING TO DRIVING UNDER
     9  INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE) AND WHO IS
    10  CONVICTED OF VIOLATING SECTION [3731] 3802 COMMITS A FELONY OF
    11  THE SECOND DEGREE WHEN THE VIOLATION IS THE CAUSE OF THE INJURY.
    12     * * *
    13  § 3755.  REPORTS BY EMERGENCY ROOM PERSONNEL.
    14     (A)  GENERAL RULE.--IF, AS A RESULT OF A MOTOR VEHICLE
    15  ACCIDENT, THE PERSON WHO DROVE, OPERATED OR WAS IN ACTUAL
    16  PHYSICAL CONTROL OF THE MOVEMENT OF ANY INVOLVED MOTOR VEHICLE
    17  REQUIRES MEDICAL TREATMENT IN AN EMERGENCY ROOM OF A HOSPITAL
    18  AND IF PROBABLE CAUSE EXISTS TO BELIEVE A VIOLATION OF SECTION
    19  [3731] 3802 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR
    20  CONTROLLED SUBSTANCE) WAS INVOLVED, THE EMERGENCY ROOM PHYSICIAN
    21  OR HIS DESIGNEE SHALL PROMPTLY TAKE BLOOD SAMPLES FROM THOSE
    22  PERSONS AND TRANSMIT THEM WITHIN 24 HOURS FOR TESTING TO THE
    23  DEPARTMENT OF HEALTH OR A CLINICAL LABORATORY LICENSED AND
    24  APPROVED BY THE DEPARTMENT OF HEALTH AND SPECIFICALLY DESIGNATED
    25  FOR THIS PURPOSE. THIS SECTION SHALL BE APPLICABLE TO ALL
    26  INJURED OCCUPANTS WHO WERE CAPABLE OF MOTOR VEHICLE OPERATION IF
    27  THE OPERATOR OR PERSON IN ACTUAL PHYSICAL CONTROL OF THE
    28  MOVEMENT OF THE MOTOR VEHICLE CANNOT BE DETERMINED. TEST RESULTS
    29  SHALL BE RELEASED UPON REQUEST OF THE PERSON TESTED, HIS
    30  ATTORNEY, HIS PHYSICIAN OR GOVERNMENTAL OFFICIALS OR AGENCIES.
    20030S0008B1078                 - 183 -    

     1     * * *
     2     SECTION 16.  TITLE 75 IS AMENDED BY ADDING A CHAPTER TO READ:
     3                             CHAPTER 38
     4                       DRIVING WHILE IMPAIRED
     5  SEC.
     6  3801.  DEFINITIONS.
     7  3802.  DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED
     8         SUBSTANCE.
     9  3803.  GRADING.
    10  3804.  PENALTIES.
    11  3805.  IGNITION INTERLOCK. (RESERVED)
    12  3806.  PRIOR OFFENSES.
    13  3807.  ACCELERATED REHABILITATIVE DISPOSITION.
    14  3808.  ILLEGALLY OPERATING A MOTOR VEHICLE NOT EQUIPPED WITH
    15         IGNITION INTERLOCK.
    16  3809.  RESTRICTION ON ALCOHOLIC BEVERAGES.
    17  3810.  AUTHORIZED USE NOT A DEFENSE.
    18  3811.  CERTAIN ARRESTS AUTHORIZED.
    19  3812.  PRELIMINARY HEARING OR ARRAIGNMENT.
    20  3813.  WORK RELEASE.
    21  3814.  DRUG AND ALCOHOL ASSESSMENTS.
    22  3815.  MANDATORY SENTENCING.
    23  3816.  REQUIREMENTS FOR DRIVING UNDER INFLUENCE OFFENDERS.
    24  3817.  REPORTING REQUIREMENTS FOR OFFENSES.
    25  § 3801.  DEFINITIONS.
    26     THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
    27  SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
    28  CONTEXT CLEARLY INDICATES OTHERWISE:
    29     "ADULT."  AN INDIVIDUAL WHO IS AT LEAST 21 YEARS OF AGE.
    30     "IGNITION INTERLOCK SYSTEM."  A SYSTEM APPROVED BY THE
    20030S0008B1078                 - 184 -    

     1  DEPARTMENT WHICH PREVENTS A VEHICLE FROM BEING STARTED OR
     2  OPERATED UNLESS THE OPERATOR FIRST PROVIDES A BREATH SAMPLE
     3  INDICATING THAT THE OPERATOR HAS AN ALCOHOL LEVEL LESS THAN
     4  .025%.
     5     "MINOR."  AN INDIVIDUAL WHO IS UNDER 21 YEARS OF AGE.
     6  § 3802.  DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED
     7             SUBSTANCE.
     8     (A)  GENERAL IMPAIRMENT.--
     9         (1)  AN INDIVIDUAL MAY NOT DRIVE, OPERATE OR BE IN ACTUAL
    10     PHYSICAL CONTROL OF THE MOVEMENT OF A VEHICLE AFTER IMBIBING
    11     A SUFFICIENT AMOUNT OF ALCOHOL SUCH THAT THE INDIVIDUAL WAS
    12     INCAPABLE OF SAFELY DRIVING, OPERATING OR BEING IN ACTUAL
    13     PHYSICAL CONTROL OF THE MOVEMENT OF THE VEHICLE.
    14         (2)  AN INDIVIDUAL MAY NOT DRIVE, OPERATE OR BE IN ACTUAL
    15     PHYSICAL CONTROL OF THE MOVEMENT OF A VEHICLE AFTER IMBIBING
    16     A SUFFICIENT AMOUNT OF ALCOHOL SUCH THAT THE ALCOHOL
    17     CONCENTRATION IN THE INDIVIDUAL'S BLOOD OR BREATH IS AT LEAST
    18     .08% BUT LESS THAN .10% WITHIN THREE HOURS AFTER THE
    19     INDIVIDUAL HAS DRIVEN, OPERATED OR BEEN IN ACTUAL PHYSICAL
    20     CONTROL OF THE MOVEMENT OF THE VEHICLE.
    21     (B)  HIGH RATE OF ALCOHOL.--AN INDIVIDUAL MAY NOT DRIVE,
    22  OPERATE OR BE IN ACTUAL PHYSICAL CONTROL OF THE MOVEMENT OF A
    23  VEHICLE AFTER IMBIBING A SUFFICIENT AMOUNT OF ALCOHOL SUCH THAT
    24  THE ALCOHOL CONCENTRATION IN THE INDIVIDUAL'S BLOOD OR BREATH IS
    25  AT LEAST .10% BUT LESS THAN .16% WITHIN THREE HOURS AFTER THE
    26  INDIVIDUAL HAS DRIVEN, OPERATED OR BEEN IN ACTUAL PHYSICAL
    27  CONTROL OF THE MOVEMENT OF THE VEHICLE.
    28     (C)  HIGHEST RATE OF ALCOHOL.--AN INDIVIDUAL MAY NOT DRIVE,
    29  OPERATE OR BE IN ACTUAL PHYSICAL CONTROL OF THE MOVEMENT OF A
    30  VEHICLE AFTER IMBIBING A SUFFICIENT AMOUNT OF ALCOHOL SUCH THAT
    20030S0008B1078                 - 185 -    

     1  THE ALCOHOL CONCENTRATION IN THE INDIVIDUAL'S BLOOD OR BREATH IS
     2  .16% OR HIGHER WITHIN THREE HOURS AFTER THE INDIVIDUAL HAS
     3  DRIVEN, OPERATED OR BEEN IN ACTUAL PHYSICAL CONTROL OF THE
     4  MOVEMENT OF THE VEHICLE.
     5     (D)  CONTROLLED SUBSTANCES.--AN INDIVIDUAL MAY NOT DRIVE,
     6  OPERATE OR BE IN ACTUAL PHYSICAL CONTROL OF THE MOVEMENT OF A
     7  VEHICLE UNDER ANY OF THE FOLLOWING CIRCUMSTANCES:
     8         (1)  THERE IS IN THE INDIVIDUAL'S BLOOD ANY AMOUNT OF A:
     9             (I)  SCHEDULE I CONTROLLED SUBSTANCE, AS DEFINED IN
    10         THE ACT OF APRIL 14, 1972 (P.L.233, NO.64), KNOWN AS THE
    11         CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT;
    12             (II)  SCHEDULE II OR SCHEDULE III CONTROLLED
    13         SUBSTANCE, AS DEFINED IN THE CONTROLLED SUBSTANCE, DRUG,
    14         DEVICE AND COSMETIC ACT, WHICH HAS NOT BEEN MEDICALLY
    15         PRESCRIBED FOR THE INDIVIDUAL; OR
    16             (III)  METABOLITE OF A SUBSTANCE UNDER SUBPARAGRAPH
    17         (I) OR (II).
    18         (2)  THE INDIVIDUAL IS UNDER THE INFLUENCE OF A DRUG OR
    19     COMBINATION OF DRUGS TO A DEGREE WHICH IMPAIRS THE
    20     INDIVIDUAL'S ABILITY TO SAFELY DRIVE, OPERATE OR BE IN ACTUAL
    21     PHYSICAL CONTROL OF THE MOVEMENT OF THE VEHICLE.
    22         (3)  THE INDIVIDUAL IS UNDER THE COMBINED INFLUENCE OF
    23     ALCOHOL AND A DRUG OR COMBINATION OF DRUGS TO A DEGREE WHICH
    24     IMPAIRS THE INDIVIDUAL'S ABILITY TO SAFELY DRIVE, OPERATE OR
    25     BE IN ACTUAL PHYSICAL CONTROL OF THE MOVEMENT OF THE VEHICLE.
    26         (4)  THE INDIVIDUAL IS UNDER THE INFLUENCE OF A SOLVENT
    27     OR NOXIOUS SUBSTANCE IN VIOLATION OF 18 PA.C.S. § 7303
    28     (RELATING TO SALE OR ILLEGAL USE OF CERTAIN SOLVENTS AND
    29     NOXIOUS SUBSTANCES).
    30     (E)  MINORS.--A MINOR MAY NOT DRIVE, OPERATE OR BE IN ACTUAL
    20030S0008B1078                 - 186 -    

     1  PHYSICAL CONTROL OF THE MOVEMENT OF A VEHICLE AFTER IMBIBING A
     2  SUFFICIENT AMOUNT OF ALCOHOL SUCH THAT THE ALCOHOL CONCENTRATION
     3  IN THE MINOR'S BLOOD OR BREATH IS .02% OR HIGHER WITHIN THREE
     4  HOURS AFTER THE MINOR HAS DRIVEN, OPERATED OR BEEN IN ACTUAL
     5  PHYSICAL CONTROL OF THE MOVEMENT OF THE VEHICLE.
     6     (F)  COMMERCIAL SCHOOL VEHICLES.--AN INDIVIDUAL MAY NOT
     7  DRIVE, OPERATE OR BE IN ACTUAL PHYSICAL CONTROL OF THE MOVEMENT
     8  OF A COMMERCIAL VEHICLE OR SCHOOL VEHICLE IN ANY OF THE
     9  FOLLOWING CIRCUMSTANCES:
    10         (1)  AFTER THE INDIVIDUAL HAS IMBIBED A SUFFICIENT AMOUNT
    11     OF ALCOHOL SUCH THAT THE ALCOHOL CONCENTRATION IN THE
    12     INDIVIDUAL'S BLOOD OR BREATH IS:
    13             (I)  .04% OR GREATER WITHIN THREE HOURS AFTER THE
    14         INDIVIDUAL HAS DRIVEN, OPERATED OR BEEN IN ACTUAL
    15         PHYSICAL CONTROL OF THE MOVEMENT OF A COMMERCIAL VEHICLE
    16         OTHER THAN A SCHOOL BUS OR A SCHOOL VEHICLE.
    17             (II)  .02% OR GREATER WITHIN THREE HOURS AFTER THE
    18         INDIVIDUAL HAS DRIVEN, OPERATED OR BEEN IN ACTUAL
    19         PHYSICAL CONTROL OF THE MOVEMENT OF A SCHOOL BUS OR A
    20         SCHOOL VEHICLE.
    21         (2)  AFTER THE INDIVIDUAL HAS IMBIBED A SUFFICIENT AMOUNT
    22     OF ALCOHOL SUCH THAT THE INDIVIDUAL WAS INCAPABLE OF SAFELY
    23     DRIVING, OPERATING OR BEING IN ACTUAL PHYSICAL CONTROL OF THE
    24     MOVEMENT OF A COMMERCIAL VEHICLE.
    25         (3)  WHILE THE INDIVIDUAL IS UNDER THE INFLUENCE OF A
    26     CONTROLLED SUBSTANCE OR COMBINATION OF CONTROLLED SUBSTANCES,
    27     AS DEFINED IN SECTION 1603 (RELATING TO DEFINITIONS).
    28         (4)  WHILE THE INDIVIDUAL IS UNDER THE COMBINED INFLUENCE
    29     OF ALCOHOL AND A CONTROLLED SUBSTANCE OR COMBINATION OF
    30     CONTROLLED SUBSTANCES, AS DEFINED IN SECTION 1603.
    20030S0008B1078                 - 187 -    

     1     (G)  EXCEPTION TO THREE-HOUR RULE.--NOTWITHSTANDING THE
     2  PROVISIONS OF SUBSECTION (A), (B), (C), (E) OR (F), WHERE
     3  ALCOHOL CONCENTRATION IN AN INDIVIDUAL'S BLOOD OR BREATH IS AN
     4  ELEMENT OF THE OFFENSE, EVIDENCE OF SUCH ALCOHOL CONCENTRATION
     5  MORE THAN THREE HOURS AFTER THE INDIVIDUAL HAS DRIVEN, OPERATED
     6  OR BEEN IN ACTUAL PHYSICAL CONTROL OF THE MOVEMENT OF THE
     7  VEHICLE IS SUFFICIENT TO ESTABLISH THAT ELEMENT OF THE OFFENSE
     8  UNDER THE FOLLOWING CIRCUMSTANCES:
     9         (1)  WHERE THE COMMONWEALTH SHOWS GOOD CAUSE EXPLAINING
    10     WHY THE CHEMICAL TEST COULD NOT BE PERFORMED WITHIN THREE
    11     HOURS; AND
    12         (2)  WHERE THE COMMONWEALTH ESTABLISHES THAT THE
    13     INDIVIDUAL DID NOT IMBIBE ANY ALCOHOL BETWEEN THE TIME THE
    14     INDIVIDUAL WAS ARRESTED AND THE TIME THE TEST WAS PERFORMED.
    15  § 3803.  GRADING.
    16     (A)  BASIC OFFENSES.--
    17         (1)  AN INDIVIDUAL WHO VIOLATES SECTION 3802(A) (RELATING
    18     TO DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED
    19     SUBSTANCE) AND HAS NO MORE THAN ONE PRIOR OFFENSE COMMITS A
    20     MISDEMEANOR FOR WHICH THE INDIVIDUAL MAY BE SENTENCED TO A
    21     TERM OF IMPRISONMENT OF NOT MORE THAN SIX MONTHS AND TO PAY A
    22     FINE UNDER SECTION 3804 (RELATING TO PENALTIES).
    23         (2)  AN INDIVIDUAL WHO VIOLATES SECTION 3802(A) AND HAS
    24     MORE THAN ONE PRIOR OFFENSE COMMITS A MISDEMEANOR OF THE
    25     SECOND DEGREE.
    26     (B)  OTHER OFFENSES.--
    27         (1)  AN INDIVIDUAL WHO VIOLATES SECTION 3802(B), (E) OR
    28     (F) AND WHO HAS NO MORE THAN ONE PRIOR OFFENSE COMMITS A
    29     MISDEMEANOR FOR WHICH THE INDIVIDUAL MAY BE SENTENCED TO A
    30     TERM OF IMPRISONMENT OF NOT MORE THAN SIX MONTHS AND TO PAY A
    20030S0008B1078                 - 188 -    

     1     FINE UNDER SECTION 3804.
     2         (2)  AN INDIVIDUAL WHO VIOLATES SECTION 3802(C) OR (D)
     3     AND WHO HAS NO PRIOR OFFENSES COMMITS A MISDEMEANOR FOR WHICH
     4     THE INDIVIDUAL MAY BE SENTENCED TO A TERM OF IMPRISONMENT OF
     5     NOT MORE THAN SIX MONTHS AND TO PAY A FINE UNDER SECTION
     6     3804.
     7         (3)  AN INDIVIDUAL WHO VIOLATES SECTION 3802(B), (E) OR
     8     (F) AND WHO HAS MORE THAN ONE PRIOR OFFENSE COMMITS A
     9     MISDEMEANOR OF THE FIRST DEGREE.
    10         (4)  AN INDIVIDUAL WHO VIOLATES SECTION 3802(C) OR (D)
    11     AND WHO HAS ONE OR MORE PRIOR OFFENSES COMMITS A MISDEMEANOR
    12     OF THE FIRST DEGREE.
    13  § 3804.  PENALTIES.
    14     (A)  GENERAL IMPAIRMENT.--AN INDIVIDUAL WHO VIOLATES SECTION
    15  3802(A) (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR
    16  CONTROLLED SUBSTANCE) SHALL BE SENTENCED AS FOLLOWS:
    17         (1)  FOR A FIRST OFFENSE, TO:
    18             (I)  UNDERGO A PERIOD OF PROBATION NOT TO EXCEED SIX
    19         MONTHS;
    20             (II)  PAY A FINE OF $300;
    21             (III)  ATTEND AN ALCOHOL HIGHWAY SAFETY SCHOOL
    22         APPROVED BY THE DEPARTMENT; AND
    23             (IV)  COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT
    24         REQUIREMENTS IMPOSED UNDER SECTION 3814 (RELATING TO DRUG
    25         AND ALCOHOL ASSESSMENTS) AND SECTION 3815 (RELATING TO
    26         MANDATORY SENTENCING).
    27         (2)  FOR A SECOND OFFENSE, TO:
    28             (I)  UNDERGO IMPRISONMENT FOR NOT LESS THAN FIVE DAYS
    29         NOR MORE THAN SIX MONTHS;
    30             (II)  PAY A FINE OF NOT LESS THAN $300 NOR MORE THAN
    20030S0008B1078                 - 189 -    

     1         $2,500;
     2             (III)  ATTEND AN ALCOHOL HIGHWAY SAFETY SCHOOL
     3         APPROVED BY THE DEPARTMENT; AND
     4             (IV)  COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT
     5         REQUIREMENTS IMPOSED UNDER SECTIONS 3814 AND 3815.
     6         (3)  FOR A THIRD OR SUBSEQUENT OFFENSE, TO:
     7             (I)  UNDERGO IMPRISONMENT OF NOT LESS THAN TEN DAYS
     8         NOR MORE THAN TWO YEARS;
     9             (II)  PAY A FINE OF NOT LESS THAN $500 NOR MORE THAN
    10         $5,000; AND
    11             (III)  COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT
    12         REQUIREMENTS IMPOSED UNDER SECTIONS 3814 AND 3815.
    13     (B)  HIGH RATE OF BLOOD ALCOHOL; MINORS; COMMERCIAL VEHICLES
    14  AND SCHOOL BUSES AND SCHOOL VEHICLES; ACCIDENTS.--EXCEPT AS SET
    15  FORTH IN SUBSECTION (C), AN INDIVIDUAL WHO VIOLATES SECTION
    16  3802(A)(1) WHERE THERE WAS AN ACCIDENT RESULTING IN BODILY
    17  INJURY, SERIOUS BODILY INJURY OR DEATH OF ANY PERSON OR IN
    18  DAMAGE TO A VEHICLE OR OTHER PROPERTY OR WHO VIOLATES SECTION
    19  3802(B), (E) OR (F) SHALL BE SENTENCED AS FOLLOWS:
    20         (1)  FOR A FIRST OFFENSE, TO:
    21             (I)  UNDERGO IMPRISONMENT OF NOT LESS THAN 72
    22         CONSECUTIVE HOURS NOR MORE THAN SIX MONTHS;
    23             (II)  PAY A FINE OF NOT LESS THAN $500 NOR MORE THAN
    24         $5,000;
    25             (III)  ATTEND AN ALCOHOL HIGHWAY SAFETY SCHOOL
    26         APPROVED BY THE DEPARTMENT; AND
    27             (IV)  COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT
    28         REQUIREMENTS IMPOSED UNDER SECTIONS 3814 AND 3815.
    29         (2)  FOR A SECOND OFFENSE, TO:
    30             (I)  UNDERGO IMPRISONMENT OF NOT LESS THAN 30 DAYS
    20030S0008B1078                 - 190 -    

     1         NOR MORE THAN SIX MONTHS;
     2             (II)  PAY A FINE OF NOT LESS THAN $750 NOR MORE THAN
     3         $5,000;
     4             (III)  ATTEND AN ALCOHOL HIGHWAY SAFETY SCHOOL
     5         APPROVED BY THE DEPARTMENT; AND
     6             (IV)  COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT
     7         REQUIREMENTS IMPOSED UNDER SECTIONS 3814 AND 3815.
     8         (3)  FOR A THIRD OFFENSE, TO:
     9             (I)  UNDERGO IMPRISONMENT OF NOT LESS THAN 120 DAYS
    10         NOR MORE THAN FIVE YEARS;
    11             (II)  PAY A FINE OF NOT LESS THAN $1,500 NOR MORE
    12         THAN $10,000; AND
    13             (III)  COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT
    14         REQUIREMENTS IMPOSED UNDER SECTIONS 3814 AND 3815.
    15         (4)  FOR A FOURTH OR SUBSEQUENT OFFENSE, TO:
    16             (I)  UNDERGO IMPRISONMENT OF NOT LESS THAN ONE YEAR
    17         NOR MORE THAN FIVE YEARS;
    18             (II)  PAY A FINE OF NOT LESS THAN $1,500 NOR MORE
    19         THAN $10,000; AND
    20             (III)  COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT
    21         REQUIREMENTS IMPOSED UNDER SECTIONS 3814 AND 3815.
    22     (C)  INCAPACITY; HIGHEST BLOOD ALCOHOL; CONTROLLED
    23  SUBSTANCES.--AN INDIVIDUAL WHO VIOLATES SECTION 3802(A)(1) AFTER
    24  HAVING REFUSED TESTING OF BLOOD OR BREATH OR WHO VIOLATES
    25  SECTION 3802(C) OR (D) SHALL BE SENTENCED AS FOLLOWS:
    26         (1)  FOR A FIRST OFFENSE, TO:
    27             (I)  UNDERGO IMPRISONMENT OF NOT LESS THAN FIVE
    28         CONSECUTIVE DAYS NOR MORE THAN SIX MONTHS;
    29             (II)  PAY A FINE OF NOT LESS THAN $1,000 NOR MORE
    30         THAN $5,000;
    20030S0008B1078                 - 191 -    

     1             (III)  ATTEND AN ALCOHOL HIGHWAY SAFETY SCHOOL
     2         APPROVED BY THE DEPARTMENT; AND
     3             (IV)  COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT
     4         REQUIREMENTS IMPOSED UNDER SECTIONS 3814 AND 3815.
     5         (2)  FOR A SECOND OFFENSE, TO:
     6             (I)  UNDERGO IMPRISONMENT OF NOT LESS THAN 90 DAYS
     7         NOR MORE THAN FIVE YEARS;
     8             (II)  PAY A FINE OF NOT LESS THAN $1,500;
     9             (III)  ATTEND AN ALCOHOL HIGHWAY SAFETY SCHOOL
    10         APPROVED BY THE DEPARTMENT; AND
    11             (IV)  COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT
    12         REQUIREMENTS IMPOSED UNDER SECTIONS 3814 AND 3815.
    13         (3)  FOR A THIRD OR SUBSEQUENT OFFENSE, TO:
    14             (I)  UNDERGO IMPRISONMENT OF NOT LESS THAN ONE YEAR
    15         NOR MORE THAN FIVE YEARS;
    16             (II)  PAY A FINE OF NOT LESS THAN $2,500; AND
    17             (III)  COMPLY WITH ALL DRUG AND ALCOHOL TREATMENT
    18         REQUIREMENTS IMPOSED UNDER SECTIONS 3814 AND 3815.
    19     (D)  EXTENDED SUPERVISION OF COURT.--WHERE A PERSON IS
    20  SENTENCED PURSUANT TO THIS CHAPTER AND FOLLOWING THE INITIAL
    21  ASSESSMENT REQUIRED BY SECTION 3814(1), THE PERSON IS DETERMINED
    22  TO BE IN NEED OF ADDITIONAL TREATMENT PURSUANT TO SECTION
    23  3814(2), THE JUDGE SHALL IMPOSE A MINIMUM SENTENCE AS PROVIDED
    24  BY LAW AND A MAXIMUM SENTENCE EQUAL TO THE STATUTORILY AVAILABLE
    25  MAXIMUM.
    26     (E)  SUSPENSION OF OPERATING PRIVILEGES UPON CONVICTION.--
    27         (1)  THE DEPARTMENT SHALL SUSPEND THE OPERATING PRIVILEGE
    28     OF AN INDIVIDUAL UNDER PARAGRAPH (2) UPON RECEIVING A
    29     CERTIFIED RECORD OF THE INDIVIDUAL'S CONVICTION OF OR AN
    30     ADJUDICATION OF DELINQUENCY FOR:
    20030S0008B1078                 - 192 -    

     1             (I)  AN OFFENSE UNDER SECTION 3802; OR
     2             (II)  A SUBSTANTIALLY SIMILAR OFFENSE REPORTED TO THE
     3         DEPARTMENT UNDER ARTICLE III OF THE COMPACT IN SECTION
     4         1581 (RELATING TO DRIVER'S LICENSE COMPACT).
     5         (2)  SUSPENSION UNDER PARAGRAPH (1)(I) SHALL BE IN
     6     ACCORDANCE WITH THE FOLLOWING:
     7             (I)  EXCEPT AS PROVIDED FOR IN SUBPARAGRAPH (III), 12
     8         MONTHS FOR AN UNGRADED MISDEMEANOR OR MISDEMEANOR OF THE
     9         SECOND DEGREE UNDER THIS CHAPTER.
    10             (II)  24 MONTHS FOR A MISDEMEANOR OF THE FIRST DEGREE
    11         UNDER THIS CHAPTER.
    12             (III)  THERE SHALL BE NO SUSPENSION FOR AN UNGRADED
    13         MISDEMEANOR UNDER SECTION 3802(A) WHERE THE PERSON IS
    14         SUBJECT TO THE PENALTIES PROVIDED IN SUBSECTION (A) AND
    15         THE PERSON HAS NO PRIOR OFFENSE.
    16         (3)  NOTWITHSTANDING ANY PROVISION OF LAW OR ENFORCEMENT
    17     AGREEMENT TO THE CONTRARY, SUSPENSION IMPOSED UNDER PARAGRAPH
    18     (1)(II) SHALL BE IN ACCORDANCE WITH CHAPTER 15, SUBCHAPTER D
    19     (RELATING TO THE DRIVER'S LICENSE COMPACT). IN CALCULATING
    20     THE TERM OF A SUSPENSION FOR AN OFFENSE THAT IS SUBSTANTIALLY
    21     SIMILAR TO AN OFFENSE ENUMERATED IN SECTION 3802, THE
    22     DEPARTMENT SHALL PRESUME THAT IF THE CONDUCT REPORTED HAD
    23     OCCURRED IN THIS COMMONWEALTH THEN THE PERSON WOULD HAVE BEEN
    24     CONVICTED UNDER SECTION 3802(A)(2). THE DEPARTMENT SHALL
    25     SUSPEND THE OPERATING PRIVILEGE OF A DRIVER FOR SIX MONTHS
    26     UPON RECEIVING A CERTIFIED RECORD OF A CONSENT DECREE GRANTED
    27     UNDER 42 PA.C.S. CH. 63 (RELATING TO JUVENILE MATTERS) BASED
    28     ON SECTION 3802.
    29     (F)  COMMUNITY SERVICE ASSIGNMENTS.--IN ADDITION TO THE
    30  PENALTIES SET FORTH IN THIS SECTION, THE SENTENCING JUDGE MAY
    20030S0008B1078                 - 193 -    

     1  IMPOSE UP TO 150 HOURS OF COMMUNITY SERVICE. WHERE THE
     2  INDIVIDUAL HAS BEEN ORDERED TO DRUG AND ALCOHOL TREATMENT
     3  PURSUANT TO SECTIONS 3814 AND 3815, THE COMMUNITY SERVICE SHALL
     4  BE CERTIFIED BY THE DRUG AND ALCOHOL TREATMENT PROGRAM AS
     5  CONSISTENT WITH ANY DRUG AND ALCOHOL TREATMENT REQUIREMENTS
     6  IMPOSED UNDER SECTIONS 3814 AND 3815.
     7     (G)  COURT-ORDERED IGNITION INTERLOCK.--IF THE PERSON HAS A
     8  PRIOR OFFENSE AS DEFINED IN SECTION 3806(A), THE COURT SHALL
     9  ORDER THE DEPARTMENT TO REQUIRE AN IGNITION INTERLOCK SYSTEM
    10  UNDER SECTION 3805 (RELATING TO IGNITION INTERLOCK).
    11     (H)  SENTENCING GUIDELINES.--THE SENTENCING GUIDELINES
    12  PROMULGATED BY THE PENNSYLVANIA COMMISSION ON SENTENCING SHALL
    13  NOT SUPERSEDE THE MANDATORY PENALTIES OF THIS SECTION.
    14     (I)  APPEAL.--THE COMMONWEALTH HAS THE RIGHT TO APPEAL
    15  DIRECTLY TO THE SUPERIOR COURT ANY ORDER OF COURT WHICH IMPOSES
    16  A SENTENCE FOR VIOLATION OF THIS SECTION WHICH DOES NOT MEET THE
    17  REQUIREMENTS OF THIS SECTION. THE SUPERIOR COURT SHALL REMAND
    18  THE CASE TO THE SENTENCING COURT FOR IMPOSITION OF A SENTENCE IN
    19  ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.
    20     (J)  FIRST CLASS CITIES.--NOTWITHSTANDING THE PROVISION FOR
    21  DIRECT APPEAL TO THE SUPERIOR COURT, IF, IN A CITY OF THE FIRST
    22  CLASS, A PERSON APPEALS FROM A JUDGMENT OF SENTENCE UNDER THIS
    23  SECTION FROM THE MUNICIPAL COURT TO THE COMMON PLEAS COURT FOR A
    24  TRIAL DE NOVO, THE COMMONWEALTH SHALL HAVE THE RIGHT TO APPEAL
    25  DIRECTLY TO THE SUPERIOR COURT FROM THE ORDER OF THE COMMON
    26  PLEAS COURT IF THE SENTENCE IMPOSED IS IN VIOLATION OF THIS
    27  SECTION. IF, IN A CITY OF THE FIRST CLASS, A PERSON APPEALS TO
    28  THE COURT OF COMMON PLEAS AFTER CONVICTION OF A VIOLATION OF
    29  THIS SECTION IN THE MUNICIPAL COURT AND THEREAFTER WITHDRAWS HIS
    30  APPEAL TO THE COMMON PLEAS COURT, THEREBY REINSTATING THE
    20030S0008B1078                 - 194 -    

     1  JUDGMENT OF SENTENCE OF THE MUNICIPAL COURT, THE COMMONWEALTH
     2  SHALL HAVE 30 DAYS FROM THE DATE OF THE WITHDRAWAL TO APPEAL TO
     3  THE SUPERIOR COURT IF THE SENTENCE IS IN VIOLATION OF THIS
     4  SECTION.
     5     (K)  ADDITIONAL CONDITIONS.--IN ADDITION TO ANY OTHER PENALTY
     6  IMPOSED UNDER LAW, THE COURT MAY SENTENCE A PERSON WHO VIOLATES
     7  SECTION 3802 TO ANY OTHER REQUIREMENT OR CONDITION CONSISTENT
     8  WITH THE TREATMENT NEEDS OF THE PERSON, THE RESTORATION OF THE
     9  VICTIM TO PRE-OFFENSE STATUS OR THE PROTECTION OF THE PUBLIC.
    10  § 3805.  IGNITION INTERLOCK. (RESERVED)
    11  § 3806.  PRIOR OFFENSES.
    12     (A)  GENERAL RULE.--EXCEPT AS SET FORTH IN SUBSECTION (B),
    13  THE TERM "PRIOR OFFENSE" AS USED IN THIS CHAPTER SHALL MEAN A
    14  CONVICTION, ADJUDICATION OF DELINQUENCY, JUVENILE CONSENT
    15  DECREE, ACCEPTANCE OF ACCELERATED REHABILITATIVE DISPOSITION OR
    16  OTHER FORM OF PRELIMINARY DISPOSITION BEFORE THE SENTENCING ON
    17  THE PRESENT VIOLATION FOR ANY OF THE FOLLOWING:
    18         (1)  AN OFFENSE UNDER FORMER SECTION 3731 (RELATING TO
    19     DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE);
    20         (2)  AN OFFENSE UNDER SECTION 3802 (RELATING TO DRIVING
    21     UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE);
    22         (3)  AN OFFENSE SUBSTANTIALLY SIMILAR TO AN OFFENSE UNDER
    23     PARAGRAPHS (1) OR (2) IN ANOTHER JURISDICTION; OR
    24         (4)  ANY COMBINATION OF THE OFFENSES SET FORTH IN
    25     PARAGRAPHS (1), (2) OR (3).
    26     (B)  EXCEPTIONS.--FOR PURPOSES OF SECTION 3804 (RELATING TO
    27  PENALTIES), THE CALCULATION OF PRIOR AND SUBSEQUENT OFFENSES
    28  SHALL INCLUDE ANY CONVICTION, ADJUDICATION OF DELINQUENCY,
    29  JUVENILE CONSENT DECREE, ACCEPTANCE OF ACCELERATED
    30  REHABILITATIVE DISPOSITION OR OTHER FORM OF PRELIMINARY
    20030S0008B1078                 - 195 -    

     1  DISPOSITION WITHIN THE TEN YEARS BEFORE THE PRESENT VIOLATION
     2  OCCURRED FOR ANY OF THE FOLLOWING:
     3         (1)  AN OFFENSE UNDER FORMER SECTION 3731;
     4         (2)  AN OFFENSE UNDER SECTION 3802;
     5         (3)  AN OFFENSE SUBSTANTIALLY SIMILAR TO AN OFFENSE UNDER
     6     PARAGRAPH (1) OR (2) IN ANOTHER JURISDICTION; OR
     7         (4)  ANY COMBINATION OF THE OFFENSES SET FORTH IN
     8     PARAGRAPH (1), (2) OR (3).
     9  § 3807.  ACCELERATED REHABILITATIVE DISPOSITION.
    10     (A)  ELIGIBILITY.--
    11         (1)  EXCEPT AS SET FORTH IN PARAGRAPH (2), A DEFENDANT
    12     CHARGED WITH A VIOLATION OF SECTION 3802 (RELATING TO DRIVING
    13     UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE) MAY BE
    14     CONSIDERED BY THE ATTORNEY FOR THE COMMONWEALTH FOR
    15     PARTICIPATION IN AN ACCELERATED REHABILITATIVE DISPOSITION
    16     PROGRAM IN A COUNTY IF THE PROGRAM INCLUDES THE MINIMUM
    17     REQUIREMENTS CONTAINED IN THIS SECTION.
    18         (2)  THE ATTORNEY FOR THE COMMONWEALTH SHALL NOT SUBMIT A
    19     CHARGE BROUGHT UNDER THIS CHAPTER FOR ACCELERATED
    20     REHABILITATIVE DISPOSITION IF ANY OF THE FOLLOWING APPLY:
    21             (I)  THE DEFENDANT HAS BEEN FOUND GUILTY OF OR
    22         ACCEPTED ACCELERATED REHABILITATIVE DISPOSITION OF A
    23         CHARGE BROUGHT UNDER SECTION 3802 WITHIN TEN YEARS OF THE
    24         DATE OF THE CURRENT OFFENSE UNLESS THE CHARGE WAS FOR AN
    25         UNGRADED MISDEMEANOR UNDER SECTION 3802(A)(2) AND WAS THE
    26         DEFENDANT'S FIRST OFFENSE UNDER SECTION 3802.
    27             (II)  AN ACCIDENT OCCURRED IN CONNECTION WITH THE
    28         EVENTS SURROUNDING THE CURRENT OFFENSE AND AN INDIVIDUAL
    29         OTHER THAN THE DEFENDANT WAS KILLED OR SUFFERED SERIOUS
    30         BODILY INJURY AS A RESULT OF THE ACCIDENT.
    20030S0008B1078                 - 196 -    

     1             (III)  THERE WAS A PASSENGER UNDER 14 YEARS OF AGE IN
     2         THE VEHICLE THE DEFENDANT WAS OPERATING.
     3     (B)  EVALUATION AND TREATMENT.--
     4         (1)  A DEFENDANT OFFERED ACCELERATED REHABILITATIVE
     5     DISPOSITION FOR A VIOLATION OF SECTION 3802 IS, AS A
     6     CONDITION OF PARTICIPATION IN THE PROGRAM, SUBJECT TO THE
     7     FOLLOWING REQUIREMENTS IN ADDITION TO ANY OTHER CONDITIONS OF
     8     PARTICIPATION IMPOSED BY THE COURT:
     9             (I)  THE DEFENDANT MUST ATTEND AND SUCCESSFULLY
    10         COMPLETE AN ALCOHOL HIGHWAY SAFETY SCHOOL ESTABLISHED
    11         UNDER SECTION 1549 (RELATING TO ESTABLISHMENT OF
    12         SCHOOLS). A PARTICIPATING DEFENDANT SHALL BE GIVEN BOTH
    13         ORAL AND WRITTEN NOTICE OF THE PROVISIONS OF SECTION
    14         1543(B) (RELATING TO DRIVING WHILE OPERATING PRIVILEGE IS
    15         SUSPENDED OR REVOKED).
    16             (II)  PRIOR TO RECEIVING ACCELERATED REHABILITATIVE
    17         DISPOSITION OR OTHER PRELIMINARY DISPOSITION, THE
    18         DEFENDANT MUST BE EVALUATED UNDER SECTION 3816(A)
    19         (RELATING TO REQUIREMENTS FOR DRIVING UNDER INFLUENCE
    20         OFFENDERS) TO DETERMINE THE EXTENT OF THE DEFENDANT'S
    21         INVOLVEMENT WITH ALCOHOL OR OTHER DRUG AND TO ASSIST THE
    22         COURT IN DETERMINING WHAT CONDITIONS OF ACCELERATED
    23         REHABILITATIVE DISPOSITION WOULD BENEFIT THE DEFENDANT
    24         AND THE PUBLIC. IF THE EVALUATION INDICATES THERE IS A
    25         NEED FOR COUNSELING OR TREATMENT, THE DEFENDANT SHALL BE
    26         SUBJECT TO A FULL ASSESSMENT FOR ALCOHOL AND DRUG
    27         ADDICTION IN ACCORDANCE WITH THE PROVISIONS OF SECTION
    28         3814(3) AND (4) (RELATING TO DRUG AND ALCOHOL
    29         ASSESSMENTS).
    30             (III)  IF THE DEFENDANT IS ASSESSED UNDER
    20030S0008B1078                 - 197 -    

     1         SUBPARAGRAPH (II) TO BE IN NEED OF TREATMENT, THE
     2         DEFENDANT MUST PARTICIPATE AND COOPERATE WITH A LICENSED
     3         ALCOHOL OR DRUG ADDICTION TREATMENT PROGRAM. THE LEVEL
     4         AND DURATION OF TREATMENT SHALL BE IN ACCORDANCE WITH THE
     5         RECOMMENDATIONS WITH THE FULL ASSESSMENT. NOTHING IN THIS
     6         SUBPARAGRAPH SHALL PREVENT A TREATMENT PROGRAM FROM
     7         REFUSING TO ACCEPT A DEFENDANT IF THE PROGRAM
     8         ADMINISTRATOR DEEMS THE DEFENDANT TO BE INAPPROPRIATE FOR
     9         ADMISSION TO THE PROGRAM. A TREATMENT PROGRAM SHALL
    10         RETAIN THE RIGHT TO IMMEDIATELY DISCHARGE INTO THE
    11         CUSTODY OF THE PROBATION OFFICER AN OFFENDER WHO FAILS TO
    12         COMPLY WITH PROGRAM RULES AND TREATMENT EXPECTATIONS OR
    13         REFUSES TO CONSTRUCTIVELY ENGAGE IN THE TREATMENT
    14         PROCESS.
    15             (IV)  THE DEFENDANT MUST REMAIN SUBJECT TO COURT
    16         SUPERVISION FOR SIX MONTHS.
    17             (V)  THE DEFENDANT MUST MAKE RESTITUTION TO ANY
    18         PERSON THAT INCURRED DETERMINABLE FINANCIAL LOSS AS A
    19         RESULT OF THE DEFENDANT'S ACTIONS WHICH RESULTED IN THE
    20         OFFENSE. RESTITUTION MUST BE SUBJECT TO COURT
    21         SUPERVISION.
    22             (VI)  THE DEFENDANT MUST PAY THE REASONABLE COSTS OF
    23         A MUNICIPAL CORPORATION IN CONNECTION WITH THE OFFENSE.
    24         FEES IMPOSED UNDER THIS SUBPARAGRAPH SHALL BE DISTRIBUTED
    25         TO THE AFFECTED MUNICIPAL CORPORATION.
    26             (VII)  THE DEFENDANT MUST PAY ANY OTHER FEE,
    27         SURCHARGE OR COST REQUIRED BY LAW. EXCEPT AS SET FORTH IN
    28         SUBPARAGRAPH (VI) OR (VIII), A FEE OR FINANCIAL CONDITION
    29         IMPOSED BY A JUDGE AS A CONDITION OF ACCELERATED
    30         REHABILITATIVE DISPOSITION OR ANY OTHER PRELIMINARY
    20030S0008B1078                 - 198 -    

     1         DISPOSITION OF ANY CHARGE UNDER THIS CHAPTER SHALL BE
     2         DISTRIBUTED AS PROVIDED FOR IN 42 PA.C.S. §§ 3571
     3         (RELATING TO COMMONWEALTH PORTION OF FINES, ETC.) AND
     4         3573 (RELATING TO MUNICIPAL CORPORATION PORTION OF FINES,
     5         ETC.).
     6             (VIII)  THE DEFENDANT MUST PAY THE COSTS OF
     7         COMPLIANCE WITH SUBPARAGRAPHS (I), (II) AND (III).
     8         (2)  THE DEFENDANT SHALL BE SUBJECT TO A FULL ASSESSMENT
     9     FOR ALCOHOL AND DRUG ADDICTION IF ANY OF THE FOLLOWING APPLY:
    10             (I)  THE EVALUATION UNDER PARAGRAPH (1)(II) INDICATES
    11         A LIKELIHOOD THAT THE DEFENDANT IS ADDICTED TO ALCOHOL OR
    12         OTHER DRUGS.
    13             (II)  THE DEFENDANT'S BLOOD ALCOHOL CONTENT AT THE
    14         TIME OF THE OFFENSE WAS AT LEAST .16%.
    15         (3)  THE ASSESSMENT UNDER PARAGRAPH (2) SHALL BE
    16     CONDUCTED BY ONE OF THE FOLLOWING:
    17             (I)  THE DEPARTMENT OF HEALTH OR ITS DESIGNEE.
    18             (II)  THE COUNTY AGENCY WITH RESPONSIBILITY FOR
    19         COUNTY DRUG AND ALCOHOL PROGRAMS OR ITS DESIGNEE.
    20             (III)  THE CLINICAL PERSONNEL OF A FACILITY LICENSED
    21         BY THE DEPARTMENT OF HEALTH FOR THE CONDUCT OF DRUG AND
    22         ALCOHOL ADDICTION TREATMENT PROGRAMS.
    23         (4)  THE ASSESSMENT UNDER PARAGRAPH (2) SHALL CONSIDER
    24     ISSUES OF PUBLIC SAFETY AND SHALL INCLUDE RECOMMENDATIONS FOR
    25     ALL OF THE FOLLOWING:
    26             (I)  LENGTH OF STAY.
    27             (II)  LEVELS OF CARE.
    28             (III)  FOLLOW-UP CARE AND MONITORING.
    29     (C)  INSURANCE.--
    30         (1)  THIS SUBSECTION SHALL ONLY APPLY TO A HEALTH
    20030S0008B1078                 - 199 -    

     1     INSURANCE, HEALTH MAINTENANCE ORGANIZATION OR OTHER HEALTH
     2     PLAN REQUIRED TO PROVIDE BENEFITS UNDER SECTION 602-A OF THE
     3     ACT OF MAY 17, 1921 (P.L.682, NO.284), KNOWN AS THE INSURANCE
     4     COMPANY LAW OF 1921.
     5         (2)  IF AN INDIVIDUAL WHO IS A SUBSCRIBER TO A HEALTH
     6     INSURANCE, HEALTH MAINTENANCE ORGANIZATION OR OTHER HEALTH
     7     PLAN THAT IS DOING BUSINESS IN THIS COMMONWEALTH, THE
     8     INDIVIDUAL MAY NOT BE DEPRIVED OF ALCOHOL AND OTHER DRUG
     9     ABUSE AND ADDICTION TREATMENT OR COVERAGE WITHIN THE SCOPE OF
    10     THAT PLAN DUE TO THE IDENTIFICATION OF AN ALCOHOL OR OTHER
    11     DRUG PROBLEM WHICH OCCURS AS A RESULT OF AN ASSESSMENT UNDER
    12     THIS SECTION.
    13     (D)  MANDATORY SUSPENSION OF OPERATING PRIVILEGES.--AS A
    14  CONDITION OF PARTICIPATION IN AN ACCELERATED REHABILITATIVE
    15  DISPOSITION PROGRAM, THE COURT SHALL ORDER THE DEFENDANT'S
    16  LICENSE SUSPENDED AS FOLLOWS:
    17         (1)  THERE SHALL BE NO LICENSE SUSPENSION IF THE
    18     DEFENDANT'S BLOOD ALCOHOL CONCENTRATION AT THE TIME OF
    19     TESTING WAS LESS THAN .10%.
    20         (2)  FOR 30 DAYS, IF THE DEFENDANT'S BLOOD ALCOHOL
    21     CONCENTRATION AT THE TIME OF TESTING WAS AT LEAST .10% BUT
    22     LESS THAN .16%.
    23         (3)  FOR 60 DAYS, IF:
    24             (I)  THE DEFENDANT'S BLOOD ALCOHOL CONCENTRATION AT
    25         THE TIME OF TESTING WAS .16% OR HIGHER;
    26             (II)  THE DEFENDANT'S BLOOD ALCOHOL CONCENTRATION IS
    27         NOT KNOWN; OR
    28             (III)  AN ACCIDENT WHICH RESULTED IN BODILY INJURY OR
    29         IN DAMAGE TO A VEHICLE OR OTHER PROPERTY OCCURRED IN
    30         CONNECTION WITH THE EVENTS SURROUNDING THE CURRENT
    20030S0008B1078                 - 200 -    

     1         OFFENSE.
     2     (E)  FAILURE TO COMPLY.--
     3         (1)  A DEFENDANT WHO FAILS TO COMPLETE ANY OF THE
     4     CONDITIONS OF PARTICIPATION CONTAINED IN THIS SECTION SHALL
     5     BE DEEMED TO HAVE UNSUCCESSFULLY PARTICIPATED IN AN
     6     ACCELERATED REHABILITATIVE DISPOSITION PROGRAM, AND THE
     7     CRIMINAL RECORD UNDERLYING PARTICIPATION IN THE PROGRAM SHALL
     8     NOT BE EXPUNGED.
     9         (2)  THE COURT SHALL DIRECT THE ATTORNEY FOR THE
    10     COMMONWEALTH TO PROCEED ON THE CHARGES AS PRESCRIBED IN THE
    11     RULES OF CRIMINAL PROCEDURE IF THE DEFENDANT:
    12             (I)  FAILS TO MEET ANY OF THE REQUIREMENTS OF THIS
    13         SECTION;
    14             (II)  IS CHARGED WITH OR COMMITS AN OFFENSE UNDER 18
    15         PA.C.S (RELATING TO CRIMES AND OFFENSES); OR
    16             (III)  VIOLATES ANY OTHER CONDITION IMPOSED BY THE
    17         COURT.
    18  § 3808.  ILLEGALLY OPERATING A MOTOR VEHICLE NOT EQUIPPED WITH
    19             IGNITION INTERLOCK.
    20     (A)  OFFENSE DEFINED.--
    21         (1)  AN INDIVIDUAL REQUIRED TO OPERATE ONLY A MOTOR
    22     VEHICLE EQUIPPED WITH AN APPROVED IGNITION INTERLOCK SYSTEM
    23     UNDER SECTION 1553(D.2) (RELATING TO OCCUPATIONAL LIMITED
    24     LICENSE) OR 3805 (RELATING TO IGNITION INTERLOCK) WHO
    25     OPERATES A MOTOR VEHICLE ON A HIGHWAY OF THIS COMMONWEALTH
    26     WITHOUT SUCH A SYSTEM COMMITS A SUMMARY OFFENSE AND SHALL,
    27     UPON CONVICTION, BE SENTENCED TO PAY A FINE OF NOT LESS THAN
    28     $300 AND NOT MORE THAN $1,000 AND TO IMPRISONMENT FOR NOT
    29     MORE THAN 90 DAYS.
    30         (2)  AN INDIVIDUAL REQUIRED TO OPERATE ONLY A MOTOR
    20030S0008B1078                 - 201 -    

     1     VEHICLE EQUIPPED WITH AN IGNITION INTERLOCK SYSTEM UNDER
     2     SECTION 1553(D.2) OR 3805 WHO OPERATES A MOTOR VEHICLE ON A
     3     HIGHWAY OF THIS COMMONWEALTH WITHOUT SUCH A SYSTEM AND WHO
     4     HAS AN AMOUNT OF ALCOHOL BY WEIGHT IN HIS BLOOD THAT IS EQUAL
     5     TO OR GREATER THAN .02% OR WHO HAS ANY AMOUNT OF A SCHEDULE
     6     I, II OR III CONTROLLED SUBSTANCE, AS DEFINED IN THE IN THE
     7     ACT OF APRIL 14, 1972 (P.L.233, NO.64), KNOWN AS THE
     8     CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT, OR ITS
     9     METABOLITE, WHICH HAS NOT BEEN MEDICALLY PRESCRIBED FOR THE
    10     INDIVIDUAL COMMITS A SUMMARY OFFENSE AND SHALL, UPON
    11     CONVICTION, BE SENTENCED TO PAY A FINE OF $1,000 AND TO
    12     UNDERGO IMPRISONMENT FOR A PERIOD OF NOT LESS THAN 90 DAYS.
    13     (B)  TAMPERING WITH AN INTERLOCK SYSTEM.--A PERSON THAT
    14  TAMPERS WITH AN IGNITION INTERLOCK SYSTEM REQUIRED BY LAW
    15  COMMITS A SUMMARY OFFENSE AND SHALL, UPON CONVICTION, BE
    16  SENTENCED TO PAY A FINE OF NOT LESS THAN $300 NOR MORE THAN
    17  $1,000 AND TO UNDERGO IMPRISONMENT FOR NOT MORE THAN 90 DAYS.
    18  THE TERM "TAMPERING" IN ADDITION TO ANY PHYSICAL ACT WHICH IS
    19  INTENDED TO ALTER OR INTERFERE WITH THE PROPER FUNCTIONING OF AN
    20  IGNITION INTERLOCK DEVICE REQUIRED BY LAW SHALL INCLUDE
    21  ATTEMPTING TO CIRCUMVENT OR BYPASS OR CIRCUMVENTING OR BYPASSING
    22  AN IGNITION INTERLOCK DEVICE BY:
    23         (1)  MEANS OF USING ANOTHER INDIVIDUAL TO PROVIDE A
    24     BREATH SAMPLE; OR
    25         (2)  PROVIDING A BREATH SAMPLE FOR THE PURPOSE OF
    26     BYPASSING AN IGNITION INTERLOCK DEVICE REQUIRED BY LAW.
    27     (C)  REVOCATION OF OPERATING PRIVILEGE.--UPON RECEIVING A
    28  CERTIFIED RECORD OF THE CONVICTION OF AN INDIVIDUAL UNDER THIS
    29  SECTION, THE DEPARTMENT SHALL REVOKE THE INDIVIDUAL'S OPERATING
    30  PRIVILEGE FOR A PERIOD OF ONE YEAR.
    20030S0008B1078                 - 202 -    

     1  § 3809.  RESTRICTION ON ALCOHOLIC BEVERAGES.
     2     (A)  GENERAL RULE.--EXCEPT AS SET FORTH IN SUBSECTION (B), AN
     3  INDIVIDUAL WHO IS AN OPERATOR OR AN OCCUPANT IN A MOTOR VEHICLE
     4  MAY NOT BE IN POSSESSION OF AN OPEN ALCOHOLIC BEVERAGE CONTAINER
     5  OR CONSUME A CONTROLLED SUBSTANCE AS DEFINED IN THE ACT OF APRIL
     6  14, 1972 (P.L.233, NO.64), KNOWN AS THE CONTROLLED SUBSTANCE,
     7  DRUG, DEVICE AND COSMETIC ACT, OR AN ALCOHOLIC BEVERAGE IN A
     8  MOTOR VEHICLE WHILE THE MOTOR VEHICLE IS LOCATED ON A HIGHWAY IN
     9  THIS COMMONWEALTH.
    10     (B)  EXCEPTION.--THIS SECTION DOES NOT PROHIBIT POSSESSION OR
    11  CONSUMPTION BY ANY OF THE FOLLOWING:
    12         (1)  A PASSENGER IN THE PASSENGER AREA OF A MOTOR VEHICLE
    13     DESIGNED, MAINTAINED OR USED PRIMARILY FOR THE LAWFUL
    14     TRANSPORTATION OF PERSONS FOR COMPENSATION. THIS PARAGRAPH
    15     INCLUDES BUSES, TAXIS AND LIMOUSINES.
    16         (2)  AN INDIVIDUAL IN THE LIVING QUARTERS OF A HOUSE
    17     COACH OR HOUSE TRAILER.
    18     (C)  PENALTY.--AN INDIVIDUAL WHO VIOLATES THIS SECTION
    19  COMMITS A SUMMARY OFFENSE.
    20  § 3810.  AUTHORIZED USE NOT A DEFENSE.
    21     THE FACT THAT A PERSON CHARGED WITH VIOLATING THIS CHAPTER IS
    22  OR HAS BEEN LEGALLY ENTITLED TO USE ALCOHOL OR CONTROLLED
    23  SUBSTANCES IS NOT A DEFENSE TO A CHARGE OF VIOLATING THIS
    24  CHAPTER.
    25  § 3811.  CERTAIN ARRESTS AUTHORIZED.
    26     (A)  WARRANT NOT REQUIRED.--IN ADDITION TO ANY OTHER POWERS
    27  OF ARREST, A POLICE OFFICER IS AUTHORIZED TO ARREST AN
    28  INDIVIDUAL WITHOUT A WARRANT IF THE OFFICER HAS PROBABLE CAUSE
    29  TO BELIEVE THAT THE INDIVIDUAL HAS VIOLATED SECTION 3802
    30  (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED
    20030S0008B1078                 - 203 -    

     1  SUBSTANCE), REGARDLESS OF WHETHER THE ALLEGED VIOLATION WAS
     2  COMMITTED IN THE PRESENCE OF THE POLICE OFFICER.
     3     (B)  TERRITORY.--THE AUTHORITY UNDER SUBSECTION (A) EXTENDS
     4  TO ANY HOSPITAL OR OTHER MEDICAL TREATMENT FACILITY LOCATED
     5  BEYOND THE TERRITORIAL LIMITS OF THE POLICE OFFICER'S POLITICAL
     6  SUBDIVISION AT WHICH AN INDIVIDUAL TO BE ARRESTED IS FOUND OR
     7  WAS TAKEN OR REMOVED FOR PURPOSES OF EMERGENCY TREATMENT,
     8  EXAMINATION OR EVALUATION AS LONG AS THERE IS PROBABLE CAUSE TO
     9  BELIEVE THAT THE VIOLATION OF SECTION 3802 OCCURRED WITHIN THE
    10  POLICE OFFICER'S POLITICAL SUBDIVISION.
    11  § 3812.  PRELIMINARY HEARING OR ARRAIGNMENT.
    12     THE PRESIDING JUDICIAL OFFICER AT THE PRELIMINARY HEARING OR
    13  PRELIMINARY ARRAIGNMENT RELATING TO A CHARGE OF A VIOLATION OF
    14  SECTION 3802 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR
    15  CONTROLLED SUBSTANCE) SHALL NOT REDUCE OR MODIFY THE ORIGINAL
    16  CHARGES WITHOUT THE CONSENT OF THE ATTORNEY FOR THE
    17  COMMONWEALTH.
    18  § 3813.  WORK RELEASE.
    19     IN ANY CASE IN WHICH AN INDIVIDUAL IS SENTENCED TO A PERIOD
    20  OF IMPRISONMENT AS A RESULT OF A CONVICTION FOR VIOLATING A
    21  PROVISION OF THIS CHAPTER, THE JUDICIAL OFFICER IMPOSING THE
    22  SENTENCE SHALL CONSIDER ASSIGNING THAT INDIVIDUAL TO A DAYTIME
    23  WORK RELEASE PROGRAM. ANY WORK RELEASE PROGRAM PERMITTED UNDER
    24  THIS SECTION SHALL BE CERTIFIED BY THE DRUG AND ALCOHOL
    25  TREATMENT PROGRAM ADMINISTRATION AS BEING CONSISTENT WITH ANY
    26  DRUG AND ALCOHOL TREATMENT REQUIREMENTS IMPOSED UNDER SECTION
    27  3814 (RELATING TO DRUG AND ALCOHOL ASSESSMENTS).
    28  § 3814.  DRUG AND ALCOHOL ASSESSMENTS.
    29     IF A DEFENDANT IS CONVICTED OR PLEADS GUILTY OR NO CONTEST TO
    30  A VIOLATION OF SECTION 3802 (RELATING TO DRIVING UNDER INFLUENCE
    20030S0008B1078                 - 204 -    

     1  OF ALCOHOL OR CONTROLLED SUBSTANCE), THE FOLLOWING APPLY PRIOR
     2  TO SENTENCING:
     3         (1)  THE DEFENDANT SHALL BE EVALUATED UNDER SECTION
     4     3816(A) (RELATING TO REQUIREMENTS FOR DRIVING UNDER INFLUENCE
     5     OFFENDERS) AND ANY OTHER ADDITIONAL EVALUATION TECHNIQUES
     6     DEEMED APPROPRIATE BY THE COURT TO DETERMINE THE EXTENT OF
     7     THE DEFENDANT'S INVOLVEMENT WITH ALCOHOL OR OTHER DRUG AND TO
     8     ASSIST THE COURT IN DETERMINING WHAT TYPE OF SENTENCE WOULD
     9     BENEFIT THE DEFENDANT AND THE PUBLIC.
    10         (2)  THE DEFENDANT SHALL BE SUBJECT TO A FULL ASSESSMENT
    11     FOR ALCOHOL AND DRUG ADDICTION IF ANY OF THE FOLLOWING
    12     SUBPARAGRAPHS APPLY:
    13             (I)  THE DEFENDANT, WITHIN TEN YEARS PRIOR TO THE
    14         OFFENSE FOR WHICH SENTENCE IS BEING IMPOSED, HAS BEEN
    15         SENTENCED FOR AN OFFENSE UNDER:
    16                 (A)  FORMER SECTION 3731 (RELATING TO DRIVING
    17             UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE);
    18                 (B)  SECTION 3802; OR
    19                 (C)  AN EQUIVALENT OFFENSE IN ANOTHER
    20             JURISDICTION.
    21             (II)  EITHER:
    22                 (A)  THE EVALUATION UNDER PARAGRAPH (1) INDICATES
    23             THERE IS A NEED FOR COUNSELING OR TREATMENT; OR
    24                 (B)  THE DEFENDANT'S BLOOD ALCOHOL CONTENT AT THE
    25             TIME OF THE OFFENSE WAS AT LEAST .16%.
    26         (3)  THE ASSESSMENT UNDER PARAGRAPH (2) SHALL BE
    27     CONDUCTED BY ONE OF THE FOLLOWING:
    28             (I)  THE DEPARTMENT OF HEALTH OR ITS DESIGNEE.
    29             (II)  THE COUNTY AGENCY WITH RESPONSIBILITY FOR
    30         COUNTY DRUG AND ALCOHOL PROGRAMS OR ITS DESIGNEE.
    20030S0008B1078                 - 205 -    

     1             (III)  THE CLINICAL PERSONNEL OF A FACILITY LICENSED
     2         BY THE DEPARTMENT OF HEALTH FOR THE CONDUCT OF DRUG AND
     3         ALCOHOL ADDICTION TREATMENT PROGRAMS.
     4         (4)  THE ASSESSMENT UNDER PARAGRAPH (2) SHALL CONSIDER
     5     ISSUES OF PUBLIC SAFETY AND SHALL INCLUDE RECOMMENDATIONS FOR
     6     ALL OF THE FOLLOWING:
     7             (I)  LENGTH OF STAY.
     8             (II)  LEVELS OF CARE.
     9             (III)  FOLLOW-UP CARE AND MONITORING.
    10  § 3815.  MANDATORY SENTENCING.
    11     (A)  COUNTY SUPERVISION.--NOTWITHSTANDING THE LENGTH OF ANY
    12  MAXIMUM TERM OF IMPRISONMENT REQUIRED BY SECTION 3804 (RELATING
    13  TO PENALTIES), THE SENTENCING JUDGE MAY SUBJECT THE OFFENDER TO
    14  THE SUPERVISION OF THE COUNTY PAROLE SYSTEM.
    15     (B)  PAROLE.--
    16         (1)  AN OFFENDER WHO IS DETERMINED PURSUANT TO SECTION
    17     3814 (RELATING TO DRUG AND ALCOHOL ASSESSMENTS) TO BE IN NEED
    18     OF DRUG AND ALCOHOL TREATMENT SHALL BE ELIGIBLE FOR PAROLE IN
    19     ACCORDANCE WITH THE TERMS AND CONDITIONS PRESCRIBED IN THIS
    20     SECTION FOLLOWING THE EXPIRATION OF THE OFFENDER'S MANDATORY
    21     MINIMUM TERM OF IMPRISONMENT.
    22         (2)  THE FOLLOWING SHALL BE CONDITIONS OF PAROLE:
    23             (I)  IF THE OFFENDER IS NOT DETERMINED UNDER THE
    24         PROCEDURES SET FORTH IN SECTION 3814 TO BE ADDICTED TO
    25         ALCOHOL OR ANOTHER SUBSTANCE, THE OFFENDER MUST REFRAIN
    26         FROM:
    27                 (A)  THE USE OF ILLEGAL CONTROLLED SUBSTANCES;
    28             AND
    29                 (B)  THE ABUSE OF PRESCRIPTION DRUGS, OVER-THE-
    30             COUNTER DRUGS OR ANY OTHER SUBSTANCES.
    20030S0008B1078                 - 206 -    

     1             (II)  IF THE OFFENDER IS DETERMINED UNDER THE
     2         PROCEDURES SET FORTH IN SECTION 3814 TO BE ADDICTED TO
     3         ALCOHOL OR ANOTHER SUBSTANCE, THE OFFENDER MUST DO ALL OF
     4         THE FOLLOWING:
     5                 (A)  REFRAIN FROM:
     6                     (I)  THE USE OF ALCOHOL OR ILLEGAL CONTROLLED
     7                 SUBSTANCES; AND
     8                     (II)  THE ABUSE OF PRESCRIPTION DRUGS, OVER-
     9                 THE-COUNTER DRUGS OR ANY OTHER SUBSTANCES.
    10                 (B)  PARTICIPATE IN AND COOPERATE WITH DRUG AND
    11             ALCOHOL ADDICTION TREATMENT UNDER SUBSECTION (C).
    12     (C)  TREATMENT.--
    13         (1)  TREATMENT MUST CONFORM TO ASSESSMENT RECOMMENDATIONS
    14     MADE UNDER SECTION 3814.
    15         (2)  TREATMENT MUST BE CONDUCTED BY A DRUG AND ALCOHOL
    16     ADDICTION TREATMENT PROGRAM LICENSED BY THE DEPARTMENT OF
    17     HEALTH.
    18         (3)  THE TREATMENT PROGRAM SHALL REPORT PERIODICALLY TO
    19     THE ASSIGNED PAROLE OFFICER ON THE OFFENDER'S PROGRESS IN THE
    20     TREATMENT PROGRAM. THE TREATMENT PROGRAM SHALL PROMPTLY
    21     NOTIFY THE PAROLE OFFICER IF THE OFFENDER:
    22             (I)  FAILS TO COMPLY WITH PROGRAM RULES AND TREATMENT
    23         EXPECTATIONS;
    24             (II)  REFUSES TO CONSTRUCTIVELY ENGAGE IN THE
    25         TREATMENT PROCESS; OR
    26             (III)  WITHOUT AUTHORIZATION TERMINATES PARTICIPATION
    27         IN THE TREATMENT PROGRAM.
    28         (4)  UPON NOTIFICATION UNDER PARAGRAPH (3), THE PAROLE
    29     OFFICER SHALL REPORT THE OFFENDER'S ACTIONS TO THE PAROLE
    30     AUTHORITY AND TO THE DEPARTMENT FOR COMPLIANCE WITH SECTION
    20030S0008B1078                 - 207 -    

     1     1553(E) (RELATING TO OCCUPATIONAL LIMITED LICENSE). THE
     2     PAROLE AUTHORITY SHALL SCHEDULE A REVOCATION HEARING TO
     3     CONSIDER RECOMMENDATIONS OF THE PAROLE OFFICER AND THE
     4     TREATMENT PROGRAM.
     5         (5)  NOTHING IN THIS SUBSECTION SHALL PREVENT A TREATMENT
     6     PROGRAM FROM REFUSING TO ACCEPT AN OFFENDER IF THE PROGRAM
     7     ADMINISTRATOR DEEMS THE OFFENDER TO BE INAPPROPRIATE FOR
     8     ADMISSION TO THE PROGRAM. A TREATMENT PROGRAM SHALL RETAIN
     9     THE RIGHT TO IMMEDIATELY DISCHARGE INTO THE CUSTODY OF THE
    10     ASSIGNED PAROLE OFFICER AN OFFENDER WHO FAILS TO COMPLY WITH
    11     PROGRAM RULES AND TREATMENT EXPECTATIONS OR REFUSES TO
    12     CONSTRUCTIVELY ENGAGE IN THE TREATMENT PROCESS.
    13     (D)  ENFORCEMENT.--
    14         (1)  THIS SUBSECTION APPLIES TO AN OFFENDER ORDERED TO
    15     PARTICIPATE IN A TREATMENT PROGRAM UNDER SUBSECTION
    16     (B)(2)(II) WHO:
    17             (I)  FAILS TO COMPLY WITH PROGRAM RULES AND TREATMENT
    18         EXPECTATIONS;
    19             (II)  REFUSES TO CONSTRUCTIVELY ENGAGE IN THE
    20         TREATMENT PROCESS; OR
    21             (III)  TERMINATES PARTICIPATION IN THE TREATMENT
    22         PROGRAM WITHOUT AUTHORIZATION.
    23         (2)  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ALL OF
    24     THE FOLLOWING APPLY TO AN OFFENDER UNDER PARAGRAPH (1):
    25             (I)  THE OFFENDER'S PAROLE, PRERELEASE, WORK RELEASE
    26         OR ANY OTHER RELEASE STATUS SHALL BE REVOKED.
    27             (II)  THE OFFENDER SHALL BE INELIGIBLE FOR PAROLE,
    28         PRERELEASE, WORK RELEASE OR ANY OTHER RELEASE FROM THE
    29         CORRECTIONAL FACILITY PRIOR TO THE EXPIRATION OF THE
    30         OFFENDER'S MAXIMUM TERM UNLESS THE OFFENDER IS PERMITTED
    20030S0008B1078                 - 208 -    

     1         TO BE READMITTED TO A TREATMENT PROGRAM.
     2         (3)  NOTHING IN THIS SUBSECTION SHALL BE CONSTRUED TO
     3     GRANT A LEGAL RIGHT TO PAROLE TO AN OFFENDER PREVIOUSLY
     4     INELIGIBLE FOR PAROLE, ON THE GROUNDS THAT THE OFFENDER IS
     5     CURRENTLY PREPARED TO PARTICIPATE IN, COMPLY WITH AND
     6     CONSTRUCTIVELY ENGAGE IN THE TREATMENT PROCESS. UNDER SUCH
     7     CIRCUMSTANCES, PAROLE OR REPAROLE OF THE OFFENDER SHALL BE AT
     8     THE PAROLE AUTHORITY'S DISCRETION.
     9     (E)  FOLLOW-UP.--AFTER AN OFFENDER HAS COMPLETED THE
    10  TREATMENT PROGRAM UNDER SUBSECTION (C), THE PAROLE OFFICER SHALL
    11  TAKE REASONABLE STEPS TO ENSURE THAT THE OFFENDER DOES NOT ABUSE
    12  ALCOHOL, USE ILLEGAL CONTROLLED SUBSTANCES OR ABUSE PRESCRIPTION
    13  DRUGS, OVER-THE-COUNTER DRUGS OR ANY OTHER SUCH SUBSTANCES.
    14  THESE REASONABLE STEPS INCLUDE REQUIRING CHEMICAL TESTING AND
    15  PERIODIC REASSESSMENT OF THE OFFENDER BY THE TREATMENT PROGRAM.
    16     (F)  FEES.--
    17         (1)  EXCEPT AS SET FORTH IN PARAGRAPH (2), THE PAROLE
    18     AUTHORITY SHALL IMPOSE UPON AN OFFENDER SUBJECT TO THIS
    19     SECTION REASONABLE FEES TO COVER THE COST OF ANY OF THE
    20     FOLLOWING:
    21             (I)  CHEMICAL TESTING OF THE OFFENDER REQUIRED UNDER
    22         THIS SECTION.
    23             (II)  AN ASSESSMENT OF THE OFFENDER REQUIRED UNDER
    24         THIS SECTION.
    25             (III)  DRUG OR ALCOHOL TREATMENT PROVIDED IN
    26         ACCORDANCE WITH THE ASSESSMENT.
    27         (2)  IF THE PAROLE AUTHORITY FINDS THE OFFENDER TO BE
    28     UNABLE TO PAY THE FULL AMOUNT OF THE FEES REQUIRED BY
    29     PARAGRAPH (1) AND SECTION 1541(D) (RELATING TO PERIOD OF
    30     DISQUALIFICATION, REVOCATION OR SUSPENSION OF OPERATING
    20030S0008B1078                 - 209 -    

     1     PRIVILEGE), IT SHALL REQUIRE THE OFFENDER TO PAY AS MUCH OF
     2     THE FEE AS IS CONSISTENT WITH THE OFFENDER'S ABILITY TO PAY
     3     AND SHALL DIRECT THE ASSIGNED PAROLE OFFICER TO ESTABLISH A
     4     REASONABLE PAYMENT SCHEDULE FOR THE OFFENDER TO PAY AS MUCH
     5     OF THE REMAINING FEES AS IS CONSISTENT WITH THE OFFENDER'S
     6     ABILITY TO PAY.
     7     (G)  INSURANCE.--
     8         (1)  THIS SUBSECTION SHALL ONLY APPLY TO A HEALTH
     9     INSURANCE, HEALTH MAINTENANCE ORGANIZATION OR OTHER HEALTH
    10     PLAN REQUIRED TO PROVIDE BENEFITS UNDER SECTION 602-A OF THE
    11     ACT OF MAY 17, 1921 (P.L.682, NO.284), KNOWN AS THE INSURANCE
    12     COMPANY LAW OF 1921.
    13         (2)  IF AN INDIVIDUAL WHO IS A SUBSCRIBER TO A HEALTH
    14     INSURANCE, HEALTH MAINTENANCE ORGANIZATION OR OTHER HEALTH
    15     PLAN THAT IS DOING BUSINESS IN THIS COMMONWEALTH, THE
    16     INDIVIDUAL MAY NOT BE DEPRIVED OF ALCOHOL AND OTHER DRUG
    17     ABUSE AND ADDICTION TREATMENT OR COVERAGE WITHIN THE SCOPE OF
    18     THAT PLAN DUE TO THE IDENTIFICATION OF AN ALCOHOL OR OTHER
    19     DRUG PROBLEM WHICH OCCURS AS A RESULT OF AN ASSESSMENT UNDER
    20     THIS SECTION.
    21     (H)  ADDITIONAL FUNDING.--IN ORDER TO SUPPORT AND AUGMENT THE
    22  DIAGNOSTIC ASSESSMENT AND TREATMENT SERVICES PROVIDED UNDER THIS
    23  SECTION, THE DEPARTMENT OF HEALTH, THE DEPARTMENT AND THE
    24  PENNSYLVANIA COMMISSION ON CRIME AND DELINQUENCY SHALL SEEK ALL
    25  AVAILABLE FEDERAL FUNDING, INCLUDING FUNDS AVAILABLE THROUGH THE
    26  UNITED STATES NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION AND
    27  THE DEPARTMENT OF HEALTH AND HUMAN SERVICES.
    28  § 3816.  REQUIREMENTS FOR DRIVING UNDER INFLUENCE OFFENDERS.
    29     (A)  EVALUATION USING COURT REPORTING NETWORK.--IN ADDITION
    30  TO ANY OTHER REQUIREMENTS OF THE COURT, EVERY PERSON CONVICTED
    20030S0008B1078                 - 210 -    

     1  OF A VIOLATION OF SECTION 3802 (RELATING TO DRIVING UNDER
     2  INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE) AND EVERY PERSON
     3  OFFERED ACCELERATED REHABILITATIVE DISPOSITION AS A RESULT OF A
     4  CHARGE OF A VIOLATION OF SECTION 3802 SHALL, PRIOR TO SENTENCING
     5  OR RECEIVING ACCELERATED REHABILITATIVE DISPOSITION OR OTHER
     6  PRELIMINARY DISPOSITION, BE EVALUATED USING COURT REPORTING
     7  NETWORK INSTRUMENTS ISSUED BY THE DEPARTMENT AND ANY OTHER
     8  ADDITIONAL EVALUATION TECHNIQUES DEEMED APPROPRIATE BY THE COURT
     9  TO DETERMINE THE EXTENT OF THE PERSON'S INVOLVEMENT WITH ALCOHOL
    10  OR CONTROLLED SUBSTANCES AND TO ASSIST THE COURT IN DETERMINING
    11  WHAT SENTENCING, PROBATION OR CONDITIONS OF ACCELERATED
    12  REHABILITATIVE DISPOSITION WOULD BENEFIT THE PERSON OR THE
    13  PUBLIC.
    14     (B)  COURT-ORDERED INTERVENTION OR TREATMENT.--A RECORD SHALL
    15  BE SUBMITTED TO THE DEPARTMENT AS TO WHETHER THE COURT DID OR
    16  DID NOT ORDER A DEFENDANT TO ATTEND DRUG AND ALCOHOL TREATMENT
    17  PURSUANT TO THE REQUIREMENTS OF SECTIONS 3804 (RELATING TO
    18  PENALTIES), 3814 (RELATING TO DRUG AND ALCOHOL ASSESSMENTS) AND
    19  3815 (RELATING TO MANDATORY SENTENCING). IF THE COURT ORDERS
    20  TREATMENT, A REPORT SHALL BE FORWARDED TO THE DEPARTMENT AS TO
    21  WHETHER THE DEFENDANT SUCCESSFULLY COMPLETED THE PROGRAM. IF A
    22  DEFENDANT FAILS TO SUCCESSFULLY COMPLETE A PROGRAM OF TREATMENT
    23  AS ORDERED BY THE COURT, THE SUSPENSION SHALL REMAIN IN EFFECT
    24  UNTIL THE DEPARTMENT IS NOTIFIED BY THE COURT THAT THE DEFENDANT
    25  HAS SUCCESSFULLY COMPLETED TREATMENT AND THE DEFENDANT IS
    26  OTHERWISE ELIGIBLE FOR RESTORATION OF HIS OPERATING PRIVILEGE.
    27  IN ORDER TO IMPLEMENT THE RECORDKEEPING REQUIREMENTS OF THIS
    28  SECTION, THE DEPARTMENT AND THE COURT SHALL WORK TOGETHER TO
    29  EXCHANGE PERTINENT INFORMATION ABOUT A DEFENDANT'S CASE,
    30  INCLUDING ATTENDANCE AND COMPLETION OF TREATMENT OR FAILURE TO
    20030S0008B1078                 - 211 -    

     1  COMPLETE TREATMENT.
     2  § 3817.  REPORTING REQUIREMENTS FOR OFFENSES.
     3     (A)  REQUIREMENT.--THE DEPARTMENT SHALL MAKE AN ANNUAL REPORT
     4  ON THE ADMINISTRATION OF THIS CHAPTER. THE DEPARTMENT, THE
     5  COURTS AND THE PENNSYLVANIA SENTENCING COMMISSION SHALL WORK
     6  TOGETHER TO EXCHANGE PERTINENT INFORMATION NECESSARY TO COMPLETE
     7  THIS REPORT.
     8     (B)  CONTENTS.--THE REPORT SHALL INCLUDE:
     9         (1)  THE NUMBER OF OFFENDERS.
    10         (2)  THE NUMBER OF OFFENDERS SUBJECT TO SECTION 3815
    11     (RELATING TO MANDATORY SENTENCING).
    12         (3)  THE NUMBER OF OFFENDERS SENT TO TREATMENT FOR
    13     ALCOHOL AND DRUG PROBLEMS AND ADDICTION.
    14         (4)  THE NAMES OF THE TREATMENT FACILITIES PROVIDING
    15     TREATMENT AND THE LEVEL OF CARE AND LENGTH OF STAY IN
    16     TREATMENT.
    17         (5)  THE NUMBER OF OFFENDERS SUCCESSFULLY COMPLETING
    18     TREATMENT.
    19         (6)  THE NUMBER OF SUSPENDED LICENSES RETURNED AFTER
    20     COMPLETION OF TREATMENT.
    21         (7)  THE NUMBER OF FIRST, SECOND, THIRD AND SUBSEQUENT
    22     OFFENDERS.
    23     (C)  RECIPIENTS.--THE ANNUAL REPORT SHALL BE SUBMITTED TO THE
    24  JUDICIARY COMMITTEE, PUBLIC HEALTH AND WELFARE COMMITTEE AND
    25  TRANSPORTATION COMMITTEE OF THE SENATE; THE HEALTH AND HUMAN
    26  SERVICES COMMITTEE, JUDICIARY COMMITTEE AND TRANSPORTATION
    27  COMMITTEE OF THE HOUSE OF REPRESENTATIVES; AND THE BUREAU OF
    28  DRUG AND ALCOHOL PROGRAMS. THE REPORT SHALL BE MADE AVAILABLE TO
    29  THE PUBLIC.
    30     SECTION 17.  SECTIONS 6308(B) AND 6506(A)(7) OF TITLE 75 ARE
    20030S0008B1078                 - 212 -    

     1  AMENDED TO READ:
     2  § 6308.  INVESTIGATION BY POLICE OFFICERS.
     3     * * *
     4     (B)  AUTHORITY OF POLICE OFFICER.--WHENEVER A POLICE OFFICER
     5  IS ENGAGED IN A SYSTEMATIC PROGRAM OF CHECKING VEHICLES OR
     6  DRIVERS OR HAS [ARTICULABLE AND REASONABLE GROUNDS TO SUSPECT A
     7  VIOLATION OF THIS TITLE,] REASONABLE SUSPICION THAT A VIOLATION
     8  OF THIS TITLE IS OCCURRING OR HAS OCCURRED, HE MAY STOP A
     9  VEHICLE, UPON REQUEST OR SIGNAL, FOR THE PURPOSE OF CHECKING THE
    10  VEHICLE'S REGISTRATION, PROOF OF FINANCIAL RESPONSIBILITY,
    11  VEHICLE IDENTIFICATION NUMBER OR ENGINE NUMBER OR THE DRIVER'S
    12  LICENSE, OR TO SECURE SUCH OTHER INFORMATION AS THE OFFICER MAY
    13  REASONABLY BELIEVE TO BE NECESSARY TO ENFORCE THE PROVISIONS OF
    14  THIS TITLE.
    15     * * *
    16  § 6506.  SURCHARGE.
    17     (A)  LEVY AND IMPOSITION.--IN ADDITION TO ANY FINES, FEES OR
    18  PENALTIES LEVIED OR IMPOSED AS PROVIDED BY LAW, UNDER THIS TITLE
    19  OR ANY OTHER STATUTE, A SURCHARGE SHALL BE LEVIED FOR
    20  DISPOSITION IN ACCORDANCE WITH SUBSECTION (B) AS FOLLOWS:
    21         * * *
    22         (7)  UPON CONVICTION OF OFFENSES UNDER SECTION [3731]
    23     3802 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR
    24     CONTROLLED SUBSTANCE), OR UPON ADMISSION TO PROGRAMS FOR
    25     ACCELERATED REHABILITATIVE DISPOSITION FOR OFFENSES
    26     ENUMERATED IN SECTION [3731] 3802, A SURCHARGE, RESPECTIVELY,
    27     OF:
    28             (I)  $50 FOR THE FIRST OFFENSE.
    29             (II)  $100 FOR THE SECOND OFFENSE.
    30             (III)  $200 FOR THE THIRD OFFENSE.
    20030S0008B1078                 - 213 -    

     1             (IV)  $300 FOR THE FOURTH AND SUBSEQUENT OFFENSES.
     2  THE PROVISIONS OF THIS SUBSECTION SHALL NOT APPLY TO ANY
     3  VIOLATION COMMITTED BY THE OPERATOR OF A MOTORCYCLE, MOTOR-
     4  DRIVEN CYCLE, PEDALCYCLE, MOTORIZED PEDALCYCLE OR RECREATIONAL
     5  VEHICLE NOT INTENDED FOR HIGHWAY USE.
     6     SECTION 18.  THE ADDITION OF 75 PA.C.S. §§ 3814 AND 3815
     7  SHALL APPLY AS FOLLOWS:
     8         (1)  EXCEPT AS SET FORTH IN PARAGRAPH (2) OR (3), AFTER
     9     JUNE 30, 2009, FOR AN OFFENDER SENTENCED UNDER THIS CHAPTER.
    10         (2)  ON AND AFTER THE EFFECTIVE DATE OF THIS SECTION, FOR
    11     AN OFFENDER SENTENCED FOR A MISDEMEANOR OF THE FIRST DEGREE.
    12         (3)  AFTER JUNE 30, 2006, FOR AN OFFENDER SENTENCED
    13     PURSUANT TO SECTION 3804(A)(3), (B)(2) AND (C)(1).
    14     SECTION 19.  THE DEPARTMENT OF TRANSPORTATION HAS THE
    15  FOLLOWING DUTIES:
    16         (1)  IN ORDER TO IMPLEMENT THE ADDITION OF 75 PA.C.S. §
    17     3805, THE FOLLOWING SHALL APPLY:
    18             (I)  THE DEPARTMENT SHALL ADOPT AND USE GUIDELINES,
    19         WHICH SHALL BE PUBLISHED IN THE PENNSYLVANIA BULLETIN.
    20         THE GUIDELINES SHALL NOT BE SUBJECT TO REVIEW UNDER
    21         SECTION 205 OF THE ACT OF JULY 31, 1968 (P.L.769,
    22         NO.240), REFERRED TO AS THE COMMONWEALTH DOCUMENTS LAW,
    23         AND THE ACT OF JUNE 25, 1982 (P.L.633, NO.181), KNOWN AS
    24         THE REGULATORY REVIEW ACT.
    25             (II)  BY SEPTEMBER 30, 2004, THE DEPARTMENT SHALL, IN
    26         ACCORDANCE WITH LAW, PROMULGATE REGULATIONS TO REPLACE
    27         THE GUIDELINES UNDER SUBPARAGRAPH (I).
    28             (III)  THE GUIDELINES UNDER SUBPARAGRAPH (I) SHALL:
    29                 (A)  TAKE EFFECT SEPTEMBER 30, 2003, OR
    30             IMMEDIATELY, WHICHEVER IS LATER; AND
    20030S0008B1078                 - 214 -    

     1                 (B)  EXPIRE ON THE EARLIER OF:
     2                     (I)  THE EFFECTIVE DATE OF REGULATIONS UNDER
     3                 SUBPARAGRAPH (II); OR
     4                     (II)  SEPTEMBER 30, 2005.
     5         (2)  BY OCTOBER 1, 2004, THE DEPARTMENT SHALL PROMULGATE
     6     REGULATIONS TO IMPLEMENT 75 PA.C.S. § 1549(B).
     7     SECTION 20.  THE ADDITION OF 75 PA.C.S CH. 38 IS A
     8  CONTINUATION OF FORMER 75 PA.C.S. § 3731. THE REPEAL OF 75
     9  PA.C.S. § 3731 SHALL NOT AFFECT OFFENSES COMMITTED PRIOR TO THE
    10  EFFECTIVE DATE OF THIS SECTION OR CIVIL AND ADMINISTRATIVE
    11  PENALTIES IMPOSED AS A RESULT OF THOSE OFFENSES.
    12     SECTION 21.  THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
    13         (1)  THE FOLLOWING PROVISIONS SHALL TAKE EFFECT
    14     IMMEDIATELY:
    15             (I)  SECTION 19 OF THIS ACT.
    16             (II)  THIS SECTION.
    17         (2)  THE REMAINDER OF THIS ACT SHALL TAKE EFFECT
    18     SEPTEMBER 30, 2003, OR IMMEDIATELY, WHICHEVER IS LATER.








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