SENATE AMENDED

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY REED, BOYD, B. BOYLE, CAUSER, CLYMER, D. COSTA, CUTLER, EVANKOVICH, EVERETT, GEIST, GILLESPIE, HAHN, HARRIS, HICKERNELL, HORNAMAN, KAUFFMAN, M.K. KELLER, KNOWLES, KORTZ, KOTIK, MAJOR, MANN, MARSHALL, MICOZZIE, MILLARD, MILLER, MILNE, MOUL, MUSTIO, OBERLANDER, O'NEILL, PASHINSKI, PAYNE, PICKETT, PYLE, RAPP, REESE, ROAE, SACCONE, SANTARSIERO, SCAVELLO, K. SMITH, SONNEY, STERN, STEVENSON, SWANGER, TALLMAN, TAYLOR, VULAKOVICH, WATSON, DAVIS, GINGRICH, SCHRODER, FLECK, PEIFER, ROCK, GABLER, HESS, MURT, KAVULICH, K. BOYLE, DENLINGER, BAKER, TOEPEL, BRENNAN, BENNINGHOFF, DePASQUALE, BRIGGS, HARKINS, REICHLEY, BROOKS, QUIGLEY, AUMENT, RAVENSTAHL, HARHART AND PETRI, JANUARY 25, 2011

SENATOR GREENLEAF, JUDICIARY, IN SENATE, AS AMENDED, MAY 8, 2012   

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, further providing for driving while operating

<--

privilege is suspended or revoked, for duties of drivers in

accidents involving death or personal injury and for

subsequent convictions of certain offenses.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 3742(b)(3) 1543(b)(1.1)(i), 3742(b)(3) 

<--

and 6503(a) of Title 75 of the Pennsylvania Consolidated

Statutes are amended to read:

§ 1543.  Driving while operating privilege is suspended or

<--

revoked.

* * *

(b)  Certain offenses.--

* * *

(1.1)  (i)  A person who has an amount of alcohol by

weight in his blood that is equal to or greater than .02%

at the time of testing or who at the time of testing has

in his blood any amount of a Schedule I or nonprescribed

Schedule II or III controlled substance, as defined in

the act of April 14, 1972 (P.L.233, No.64), known as The

Controlled Substance, Drug, Device and Cosmetic Act, or

its metabolite or who refuses testing of blood or breath 

and who drives a motor vehicle on any highway or

trafficway of this Commonwealth at a time when the

person's operating privilege is suspended or revoked as a

condition of acceptance of Accelerated Rehabilitative

Disposition for a violation of section 3802 or former

section 3731 or because of a violation of section 1547(b)

(1) or 3802 or former section 3731 or is suspended under

section 1581 for an offense substantially similar to a

violation of section 3802 or former section 3731 shall,

upon a first conviction, be guilty of a summary offense

and shall be sentenced to pay a fine of $1,000 and to

undergo imprisonment for a period of not less than 90

days.

* * *

§ 3742.  Accidents involving death or personal injury.

* * *

(b)  Penalties.--

* * *

(3)  If the victim dies, any person violating subsection

<--

(3)  (i)  If the victim dies, any person violating

<--

subsection (a) commits a felony of the [third] second 

<--

degree, and the sentencing court shall order the person

to serve a minimum term of imprisonment of not less than

[one year] three years and a mandatory minimum fine of

<--

$2,500, notwithstanding any other provision of law.

(ii)  In addition to the minimum term of imprisonment

<--

provided for in subparagraph (i), the Pennsylvania

Commission on Sentencing shall provide within its

guidelines a sentencing enhancement if the victim dies as

the result of a violation of subsection (a). The

provisions of this subparagraph shall not be an element

of the crime and notice of the provisions of this

subparagraph shall not be required prior to conviction,

but reasonable notice of the Commonwealth's intention to

proceed under this subparagraph shall be provided after

conviction and before sentencing.

* * *

§ 6503.  Subsequent convictions of certain offenses.

(a)  General offenses.--Every person convicted of a second or

subsequent violation of any of the following provisions shall be

sentenced to pay a fine of not less than $200 nor more than

$1,000 or to imprisonment for not more than six months, or both:

Section 1543(a) (relating to driving while operating

privilege is suspended or revoked) except as set forth in

subsection (a.1).

Section 3367 (relating to racing on highways).

[Section 3733 (relating to fleeing or attempting to elude

police officer).]

Section 3734 (relating to driving without lights to avoid

identification or arrest).

Section 3748 (relating to false reports).

* * *

Section 2.  This act shall take effect in 60 days.