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                                                      PRINTER'S NO. 2066

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 1413 Session of 2008


        INTRODUCED BY STOUT, WASHINGTON, MUSTO, FONTANA, BOSCOLA,
           O'PAKE, LOGAN, ERICKSON, PUNT, RAFFERTY, C. WILLIAMS,
           LAVALLE, COSTA, WOZNIAK, RHOADES, DINNIMAN, MADIGAN, PIPPY,
           KASUNIC, FOLMER, WONDERLING, EICHELBERGER, MELLOW,
           TARTAGLIONE, BRUBAKER AND STACK, MAY 14, 2008

        REFERRED TO TRANSPORTATION, MAY 14, 2008

                                     AN ACT

     1  Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
     2     Statutes, further providing for revocation of habitual
     3     offender's license, for driving while operating privilege is
     4     suspended or revoked, for permitting violation of title, for
     5     homicide by vehicle and for habitual offenders.

     6     This act shall be referred to as Alex's Law.
     7     The General Assembly of the Commonwealth of Pennsylvania
     8  hereby enacts as follows:
     9     Section 1.  Sections 1542, 1543, 1575, 3732 and 6503.1 of
    10  Title 75 of the Pennsylvania Consolidated Statutes are amended
    11  to read:
    12  § 1542.  Revocation of habitual offender's license.
    13     (a)  General rule.--The department shall revoke the operating
    14  privilege of any person found to be a habitual offender pursuant
    15  to the provisions of this section. A "habitual offender" shall
    16  be any person whose driving record, as maintained in the
    17  department, shows that such person has accumulated the requisite
    18  number of convictions for the separate and distinct offenses

     1  described and enumerated in subsection (b) committed after the
     2  effective date of this title and within any period of five years
     3  thereafter.
     4     (b)  Offenses enumerated.--Three convictions arising from
     5  separate acts of any one or more of the following offenses
     6  committed by any person shall result in such person being
     7  designated as a habitual offender:
     8         (1)  Any violation of Subchapter B of Chapter 37
     9     (relating to serious traffic offenses).
    10         (1.1)  Any violation of Chapter 38 (relating to driving
    11     after imbibing alcohol or utilizing drugs) except for
    12     sections 3808(a)(1) and (b) (relating to illegally operating
    13     a motor vehicle not equipped with ignition interlock) and
    14     3809 (relating to restriction on alcoholic beverages).
    15         (1.2)  Any violation of section [1543(b)(1.1)] 1543(b)
    16     (relating to driving while operating privilege is suspended
    17     or revoked).
    18         (2)  Any violation of section 3367 (relating to racing on
    19     highways).
    20         (3)  Any violation of section 3742 (relating to accidents
    21     involving death or personal injury).
    22         (3.1)  Any violation of section 3742.1 (relating to
    23     accidents involving death or personal injury while not
    24     properly licensed).
    25         (4)  Any violation of section 3743 (relating to accidents
    26     involving damage to attended vehicle or property).
    27     (c)  Accelerative Rehabilitative Disposition as an offense.--
    28  Acceptance of Accelerative Rehabilitative Disposition for any
    29  offense enumerated in subsection (b) shall be considered an
    30  offense for the purposes of this section.
    20080S1413B2066                  - 2 -     

     1     (d)  Period of revocation.--The operating privilege of any
     2  person found to be a habitual offender under the provisions of
     3  this section shall be revoked by the department for a period of
     4  five years.
     5     (e)  Additional offenses.--Each additional offense committed
     6  within a period of five years, as measured from the date of any
     7  previous offense, shall result in a revocation for an additional
     8  period of two years.
     9  § 1543.  Driving while operating privilege is suspended or
    10             revoked.
    11     (a)  Offense defined.--Except as provided in subsection (b),
    12  any person who drives a motor vehicle on any highway or
    13  trafficway of this Commonwealth after the commencement of a
    14  suspension, revocation or cancellation of the operating
    15  privilege and before the operating privilege has been restored
    16  is guilty of a summary offense and shall, upon conviction, be
    17  sentenced to pay a fine of $200.
    18     (b)  Certain offenses.--
    19         (1)  A person who drives a motor vehicle on a highway or
    20     trafficway of this Commonwealth at a time when the person's
    21     operating privilege is suspended or revoked as a condition of
    22     acceptance of Accelerated Rehabilitative Disposition for a
    23     violation of section 3802 (relating to driving under
    24     influence of alcohol or controlled substance) or the former
    25     section 3731 (relating to driving under influence of alcohol
    26     or controlled substance), because of a violation of section
    27     1547(b)(1) (relating to [suspension for refusal] chemical
    28     testing to determine amount of alcohol or controlled
    29     substance) or 3802 or former section 3731 or is suspended
    30     under section 1581 (relating to Driver's License Compact) for
    20080S1413B2066                  - 3 -     

     1     an offense substantially similar to a violation of section
     2     3802 or former section 3731 shall, upon conviction, be guilty
     3     of a summary offense and shall be sentenced to pay a fine of
     4     $500 and to undergo imprisonment for a period of not less
     5     than 60 days nor more than 90 days.
     6         (1.1)  (i)  A person who has an amount of alcohol by
     7         weight in his blood that is equal to or greater than .02%
     8         at the time of testing or who at the time of testing has
     9         in his blood any amount of a Schedule I or nonprescribed
    10         Schedule II or III controlled substance, as defined in
    11         the act of April 14, 1972 (P.L.233, No.64), known as The
    12         Controlled Substance, Drug, Device and Cosmetic Act, or
    13         its metabolite and who drives a motor vehicle on any
    14         highway or trafficway of this Commonwealth at a time when
    15         the person's operating privilege is suspended or revoked
    16         as a condition of acceptance of Accelerated
    17         Rehabilitative Disposition for a violation of section
    18         3802 or former section 3731 or because of a violation of
    19         section 1547(b)(1) or 3802 or former section 3731 or is
    20         suspended under section 1581 for an offense substantially
    21         similar to a violation of section 3802 or former section
    22         3731 shall, upon a first conviction, be guilty of a
    23         summary offense and shall be sentenced to pay a fine of
    24         $1,000 and to undergo imprisonment for a period of not
    25         less than 90 days.
    26             (ii)  A second violation of this paragraph shall
    27         constitute a misdemeanor of the third degree, and upon
    28         conviction thereof the person shall be sentenced to pay a
    29         fine of $2,500 and to undergo imprisonment for not less
    30         than six months.
    20080S1413B2066                  - 4 -     

     1             (iii)  A third or subsequent violation of this
     2         paragraph shall constitute a misdemeanor of the first
     3         degree, and upon conviction thereof the person shall be
     4         sentenced to pay a fine of $5,000 and to undergo
     5         imprisonment for not less than two years.
     6         (2)  This subsection shall apply to any person against
     7     whom one of these suspensions has been imposed whether the
     8     person is currently serving this suspension or whether the
     9     effective date of suspension has been deferred under any of
    10     the provisions of section 1544 (relating to additional period
    11     of revocation or suspension). This provision shall also apply
    12     until the person has had the operating privilege restored.
    13     This subsection shall also apply to any revocation imposed
    14     pursuant to section 1542 (relating to revocation of habitual
    15     offender's license) if any of the enumerated offenses was for
    16     a violation of section 3802 or former section 3731 or for an
    17     out-of-State offense that is substantially similar to a
    18     violation of section 3802 or former section 3731, for which a
    19     revocation is imposed under section 1581.
    20         (3)  Notwithstanding any other provision of law to the
    21     contrary, if the police suspect that a driver may be charged
    22     under this subsection, chemical testing shall be administered
    23     under section 1547.
    24     (c)  Suspension or revocation of operating privilege.--Upon
    25  receiving a certified record of the conviction of any person
    26  under this section, the department shall suspend or revoke that
    27  person's operating privilege as follows:
    28         (1)  If the department's records show that the person was
    29     under suspension, recall or cancellation on the date of
    30     violation, and had not been restored, the department shall
    20080S1413B2066                  - 5 -     

     1     suspend the person's operating privilege for an additional
     2     one-year period.
     3         (2)  If the department's records show that the person was
     4     under revocation on the date of violation, and had not been
     5     restored, the department shall revoke the person's operating
     6     privilege for an additional two-year period.
     7     (d)  Citation of appropriate subsection.--Prior to filing a
     8  citation for a violation of this section with the issuing
     9  authority named in the citation, the police officer shall verify
    10  the basis for the suspension with the department. Upon receiving
    11  the verification, the officer shall cite the appropriate
    12  subsection of this section on the citation.
    13  § 1575.  Permitting violation of title.
    14     (a)  General rule.--No person shall authorize or knowingly
    15  permit a motor vehicle owned by him or under his control to be
    16  driven in violation of any of the provisions of this title.
    17     (b)  Penalty.--Any person violating the provisions of
    18  subsection (a) is guilty of a summary offense and is subject to
    19  the same fine as the driver of the vehicle. If the driver is
    20  convicted under section 1543 (relating to driving while
    21  operating privilege is suspended or revoked), section 3735
    22  (relating to homicide by vehicle while driving under influence)
    23  or 3802 (relating to driving under influence of alcohol or
    24  controlled substance), the person violating subsection (a) shall
    25  also be subject to suspension or revocation, as applicable,
    26  under sections 1532 (relating to [revocation or] suspension of
    27  operating privilege), 1542 (relating to revocation of habitual
    28  offender's license) and 3804(e) (relating to penalties).
    29     (c)  Indemnification.--In cases where a driver of a motor
    30  vehicle is required to conduct a pretrip safety inspection
    20080S1413B2066                  - 6 -     

     1  pursuant to department regulations and is subsequently convicted
     2  of one or more equipment violations under this title, the owner
     3  of the vehicle shall indemnify the driver for any fines and
     4  costs paid if the specific equipment violation was listed on the
     5  driver's pretrip inspection report and acknowledged in writing
     6  by the owner.
     7     (d)  Impound of vehicle.--When an officer has probable cause
     8  to believe that the registered owner of any motor vehicle
     9  knowingly permitted use of his or her vehicle in violation of
    10  section 1543(b), the officer shall impound the vehicle.
    11     (e)  Forfeiture of vehicle.--Any motor vehicle used in
    12  violation of section 1543(b) shall be forfeited to the
    13  Commonwealth if, upon hearing, the Commonwealth shows by a
    14  preponderance of the evidence that the registered owner
    15  knowingly permitted his or her vehicle to be operated by an
    16  individual in violation of section 1543.
    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 3802 (relating to
    23  driving under influence of alcohol or controlled substance) is
    24  guilty of homicide by vehicle, a felony of the third degree,
    25  when the violation is the cause of death.
    26     (b)  Sentencing.--
    27         (1)  In addition to any other penalty provided by law, a
    28     person convicted of a violation of subsection (a) may be
    29     sentenced to an additional term not to exceed five years'
    30     confinement if at trial the prosecution proves beyond a
    20080S1413B2066                  - 7 -     

     1     reasonable doubt that the offense occurred in an active work
     2     zone as defined in section 102 (relating to definitions).
     3         (1.1)  In addition to any other penalty provided by law,
     4     a person convicted of a violation of subsection (a) may be
     5     sentenced to an additional term not to exceed five years'
     6     imprisonment if at trial the prosecution proves beyond a
     7     reasonable doubt that the offense occurred while the driver's
     8     operating privilege was suspended or revoked for a violation
     9     of section 3802 or the former section 3731 (relating to
    10     driving under influence of alcohol or controlled substance).
    11         (2)  The prosecution must indicate intent to proceed
    12     under this section in the indictment or information which
    13     commences the prosecution.
    14         (3)  The Pennsylvania Commission on Sentencing, pursuant
    15     to 42 Pa.C.S. § 2154 (relating to adoption of guidelines for
    16     sentencing), shall provide for a sentencing enhancement for
    17     an offense under this section when the violation occurred in
    18     an active work zone as defined in section 102[.] and for an
    19     offense that occurs while a driver's operating privilege was
    20     suspended or revoked for a violation of section 3802 or the
    21     former section 3731.
    22  § 6503.1.  Habitual offenders.
    23     (a)  General rule.--A habitual offender under section 1542
    24  (relating to revocation of habitual offender's license) who
    25  drives a motor vehicle on any highway or trafficway of this
    26  Commonwealth while the habitual offender's operating privilege
    27  is suspended, revoked or canceled commits a misdemeanor of the
    28  second degree.
    29     (b)  Impound of vehicle.--When an officer has probable cause
    30  to believe a person has violated subsection (a), the officer
    20080S1413B2066                  - 8 -     

     1  shall not permit the suspected offender to drive the involved
     2  vehicle. Instead, the officer may permit the registered owner to
     3  remove the vehicle from the place of the traffic stop so long as
     4  the registered owner is properly licensed to drive the vehicle
     5  and there is not probable cause to believe the registered owner
     6  knowingly permitted the suspected offender of subsection (a) to
     7  drive the vehicle in violation of subsection (a). Otherwise, the
     8  officer shall impound the vehicle.
     9     (c)  Forfeiture of vehicle.--Any motor vehicle used in
    10  violation of this section shall be forfeited to the Commonwealth
    11  if, upon hearing, the Commonwealth shows by a preponderance of
    12  the evidence that the registered owner operated the vehicle in
    13  violation of this section.
    14     Section 2.  This act shall take effect in 60 days.











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