1Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2Statutes, in driving after imbibing alcohol or utilizing
3drugs, further providing for grading, for penalties and for
4ignition interlock.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1.  Sections 3803 and 3804 of Title 75 of the
8Pennsylvania Consolidated Statutes, amended May 8, 2012
9(P.L.255, No.39), are amended to read:

10§ 3803.  Grading.

11(a)  Basic offenses.--Notwithstanding the provisions of
12subsection (b):

13(1)  An individual who violates section 3802(a) (relating
14to driving under influence of alcohol or controlled
15substance) and has no more than one prior offense commits a
16misdemeanor for which the individual may be sentenced to a
17term of imprisonment of not more than six months and to pay a
18fine under section 3804 (relating to penalties).

1(2)  An individual who violates section 3802(a) and has
2more than one prior offense commits a misdemeanor of the
3second degree.

4(b)  Other offenses.--

5(1)  An individual who violates section 3802(a)(1) where
6there was an accident resulting in bodily injury, serious
7bodily injury or death of any person or in damage to a
8vehicle or other property, or who violates section 3802(b),
9(e) or (f) and who has no more than one prior offense commits
10a misdemeanor for which the individual may be sentenced to a
11term of imprisonment of not more than six months and to pay a
12fine under section 3804.

13(2)  An individual who violates section 3802(a)(1) where
14the individual refused testing of blood or breath, or who
15violates section 3802(c) or (d) and who has no prior offenses
16commits a misdemeanor for which the individual may be
17sentenced to a term of imprisonment of not more than six
18months and to pay a fine under section 3804.

19(3)  An individual who violates section 3802(a)(1) where
20there was an accident resulting in bodily injury, serious
21bodily injury or death of any person or in damage to a
22vehicle or other property, or who violates section 3802(b),
23(e) or (f) and who has more than one prior offense commits a
24misdemeanor of the first degree.

25(4)  An individual who violates section 3802(a)(1) where
26the individual refused testing of blood or breath, or who
27violates section 3802(c) or (d) and who has one or more prior
28offenses commits a misdemeanor of the first degree[.], except 
29as provided under paragraph (6).

30(5)  An individual who violates section 3802 where a

1minor under 18 years of age was an occupant in the vehicle
2when the violation occurred commits a misdemeanor of the
3first degree.

4(6)  An individual who violates section 3802(b) for the
5fourth or subsequent time or who violates section 3802(c) for
6the third or subsequent time commits a felony of the third
7degree.

8(7)  An individual who violates section 3802(c) for a
9fourth or subsequent time commits a felony of the second
10degree.

11§ 3804.  Penalties.

12(a)  General impairment.--Except as set forth in subsection
13(b) or (c), an individual who violates section 3802(a) (relating
14to driving under influence of alcohol or controlled substance)
15shall be sentenced as follows:

16(1)  For a first offense, to:

17(i)  undergo a mandatory minimum term of six months'
18probation;

19(ii)  pay a fine of $300;

20(iii)  attend an alcohol highway safety school
21approved by the department; and

22(iv)  comply with all drug and alcohol treatment
23requirements imposed under sections 3814 (relating to
24drug and alcohol assessments) and 3815 (relating to
25mandatory sentencing).

26(2)  For a second offense, to:

27(i)  undergo imprisonment for not less than five
28days;

29(ii)  pay a fine of not less than $300 nor more than
30$2,500;

1(iii)  attend an alcohol highway safety school
2approved by the department; and

3(iv)  comply with all drug and alcohol treatment
4requirements imposed under sections 3814 and 3815.

5(3)  For a third or subsequent offense, to:

6(i)  undergo imprisonment of not less than ten days;

7(ii)  pay a fine of not less than $500 nor more than
8$5,000; and

9(iii)  comply with all drug and alcohol treatment
10requirements imposed under sections 3814 and 3815.

11(b)  High rate of blood alcohol; minors; commercial vehicles
12and school buses and school vehicles; accidents.--Except as set
13forth in subsection (c), an individual who violates section
143802(a)(1) where there was an accident resulting in bodily
15injury, serious bodily injury or death of any person or damage
16to a vehicle or other property or who violates section 3802(b),
17(e) or (f) shall be sentenced as follows:

18(1)  For a first offense, to:

19(i)  undergo imprisonment of not less than 48
20consecutive hours;

21(ii)  pay a fine of not less than $500 nor more than
22$5,000;

23(iii)  attend an alcohol highway safety school
24approved by the department; and

25(iv)  comply with all drug and alcohol treatment
26requirements imposed under sections 3814 and 3815.

27(2)  For a second offense, to:

28(i)  undergo imprisonment of not less than 30 days;

29(ii)  pay a fine of not less than $750 nor more than
30$5,000;

1(iii)  attend an alcohol highway safety school
2approved by the department; and

3(iv)  comply with all drug and alcohol treatment
4requirements imposed under sections 3814 and 3815.

5(3)  For a third offense, to:

6(i)  undergo imprisonment of not less than 90 days;

7(ii)  pay a fine of not less than [$1,500] $5,000 nor
8more than $10,000; and

9(iii)  comply with all drug and alcohol treatment
10requirements imposed under sections 3814 and 3815.

11(4)  For a fourth or subsequent offense, to:

12(i)  undergo imprisonment of not less than one year;

13(ii)  pay a fine of not less than [$1,500] $10,000
14nor more than [$10,000] $15,000; and

15(iii)  comply with all drug and alcohol treatment
16requirements imposed under sections 3814 and 3815.

17(c)  Incapacity; highest blood alcohol; controlled
18substances.--An individual who violates section 3802(a)(1) and
19refused testing of blood or breath or an individual who violates
20section 3802(c) or (d) shall be sentenced as follows:

21(1)  For a first offense, to:

22(i)  undergo imprisonment of not less than 72
23consecutive hours;

24(ii)  pay a fine of not less than $1,000 nor more
25than $5,000;

26(iii)  attend an alcohol highway safety school
27approved by the department; and

28(iv)  comply with all drug and alcohol treatment
29requirements imposed under sections 3814 and 3815.

30(2)  For a second offense, to:

1(i)  undergo imprisonment of not less than 90 days;

2(ii)  pay a fine of not less than [$1,500] $5,000 and 
3not more than $10,000;

4(iii)  attend an alcohol highway safety school
5approved by the department; and

6(iv)  comply with all drug and alcohol treatment
7requirements imposed under sections 3814 and 3815.

8(3)  For a third [or subsequent] offense, to:

9(i)  undergo imprisonment of not less than one year;

10(ii)  pay a fine of not less than [$2,500] $10,000 
11and not more than $15,000; and

12(iii)  comply with all drug and alcohol treatment
13requirements imposed under sections 3814 and 3815.

14(4)  For a fourth or subsequent offense, to:

15(i)  undergo imprisonment for not less than two
16years;

17(ii)  pay a fine of not less than $15,000 and not
18more than $20,000;

19(iii)  comply with all drug and alcohol treatment
20requirements imposed under sections 3814 and 3815; and

21(iv)  undergo a Court Reporting Network evaluation.

22(c.1)  Violation involving minor occupant.--An individual who
23violates section 3803(b)(5) (relating to grading), in addition
24to any penalty imposed in this chapter, shall be sentenced as
25follows:

26(1)  For a first offense, to:

27(i)  pay a fine of not less than $1,000; and

28(ii)  complete 100 hours of community service.

29(2)  For a second offense, to:

30(i)  pay a fine of not less than $2,500; and

1(ii)  undergo imprisonment of not less than one month
2nor more than six months.

3(3)  For a third or subsequent offense, undergo
4imprisonment of not less than six months nor more than two
5years.

6(d)  Extended supervision of court.--If a person is sentenced
7pursuant to this chapter and, after the initial assessment
8required by section 3814(1), the person is determined to be in
9need of additional treatment pursuant to section 3814(2), the
10judge shall impose a minimum sentence as provided by law and a
11maximum sentence equal to the statutorily available maximum. A
12sentence to the statutorily available maximum imposed pursuant
13to this subsection may, in the discretion of the sentencing
14court, be ordered to be served in a county prison,
15notwithstanding the provisions of 42 Pa.C.S. § 9762 (relating to
16sentencing proceeding; place of confinement).

17(e)  Suspension of operating privileges upon conviction.--

18(1)  The department shall suspend the operating privilege
19of an individual under paragraph (2) upon receiving a
20certified record of the individual's conviction of or an
21adjudication of delinquency for:

22(i)  an offense under section 3802; or

23(ii)  an offense which is substantially similar to an
24offense enumerated in section 3802 reported to the
25department under Article III of the compact in section
261581 (relating to Driver's License Compact).

27(2)  Suspension under paragraph (1) shall be in
28accordance with the following:

29(i)  Except as provided for in subparagraph (iii), 12
30months for an ungraded misdemeanor or misdemeanor of the

1second degree under this chapter.

2(ii)  18 months for a misdemeanor of the first degree
3under this chapter.

4(ii.1)  24 months for a felony of the third degree
5under this chapter.

6(ii.2)  36 months for a felony of the second degree
7under this chapter.

8(iii)  There shall be no suspension for an ungraded
9misdemeanor under section 3802(a) where the person is
10subject to the penalties provided in subsection (a) and
11the person has no prior offense.

12(iv)  For suspensions imposed under paragraph (1)
13(ii), notwithstanding any provision of law or enforcement
14agreement to the contrary, all of the following apply:

15(A)  Suspensions shall be in accordance with
16Subchapter D of Chapter 15 (relating to the Driver's
17License Compact).

18(B)  In calculating the term of a suspension for
19an offense that is substantially similar to an
20offense enumerated in section 3802, the department
21shall presume that if the conduct reported had
22occurred in this Commonwealth then the person would
23have been convicted under section 3802(a)(2).

24(v)  Notwithstanding any other provision of law or
25enforcement agreement to the contrary, the department
26shall suspend the operating privilege of a driver for six
27months upon receiving a certified record of a consent
28decree granted under 42 Pa.C.S. Ch. 63 (relating to
29juvenile matters) based on section 3802.

30(f)  Community service assignments.--In addition to the

1penalties set forth in this section, the sentencing judge may
2impose up to 150 hours of community service. Where the
3individual has been ordered to drug and alcohol treatment
4pursuant to sections 3814 and 3815, the community service shall
5be certified by the drug and alcohol treatment program as
6consistent with any drug and alcohol treatment requirements
7imposed under sections 3814 and 3815.

8(f.1)  Victim impact panels.--

9(1)  In addition to any other penalty imposed under this
10section, the court may order a person who violates section
113802 to attend a victim impact panel program.

12(2)  A victim impact panel program shall provide a
13nonconfrontational forum for driving under the influence
14crash victims, their family members, their friends or other
15pertinent persons to speak to driving under the influence
16offenders about the impact of the crash on victims' lives and
17on the lives of families, friends and neighbors.

18(3)  A victim impact panel shall be administrated through
19the local office of probation and parole or other office as
20the court shall determine and shall be operated in
21consultation with the Mothers Against Drunk Driving -
22Pennsylvania State Organization.

23(4)  A victim impact panel program may assess a
24reasonable participation fee to achieve program self-
25sufficiency but may not operate for profit. The department
26shall establish an acceptable range of fees.

27(5)  The department shall develop standards and
28incentives to encourage counties to establish victim impact
29panel programs. In developing these standards, the department
30shall establish and chair a coordinating committee among

1pertinent agencies and organizations, including the
2Department of Health, the Pennsylvania Commission on Crime
3and Delinquency, the Office of Victim Advocate, the
4Administrative Office of Pennsylvania Courts, county
5officials, the Mothers Against Drunk Driving - Pennsylvania
6State Organization and the Pennsylvania DUI Association. The
7standards shall address items including all of the following:

8(i)  Prototype design and structure standards for
9victim impact panels.

10(ii)  Training standards and curricula for
11presenters, facilitators and administrators.

12(iii)  Operations policy and guidelines manual.

13(iv)  Evaluation standards, design and structure
14allowing for the tracking and analysis of recidivism
15data.

16(v)  Standards for counseling and debriefing
17activities for victim presenters.

18(vi)  Standards for reimbursing reasonable costs to
19victims for participation in panels.

20(vii)  Assistance to counties through coordinating
21potential Federal and State funding streams to carry out
22this subsection and to assist counties as may be needed.

23(g)  Sentencing guidelines.--The sentencing guidelines
24promulgated by the Pennsylvania Commission on Sentencing shall
25not supersede the mandatory penalties of this section.

26(h)  Appeal.--The Commonwealth has the right to appeal
27directly to the Superior Court any order of court which imposes
28a sentence for violation of this section which does not meet the
29requirements of this section. The Superior Court shall remand
30the case to the sentencing court for imposition of a sentence in

1accordance with the provisions of this section.

2(i)  First class cities.--Notwithstanding the provision for
3direct appeal to the Superior Court, if, in a city of the first
4class, a person appeals from a judgment of sentence under this
5section from the municipal court to the common pleas court for a
6trial de novo, the Commonwealth shall have the right to appeal
7directly to the Superior Court from the order of the common
8pleas court if the sentence imposed is in violation of this
9section. If, in a city of the first class, a person appeals to
10the court of common pleas after conviction of a violation of
11this section in the municipal court and thereafter withdraws his
12appeal to the common pleas court, thereby reinstating the
13judgment of sentence of the municipal court, the Commonwealth
14shall have 30 days from the date of the withdrawal to appeal to
15the Superior Court if the sentence is in violation of this
16section.

17(j)  Additional conditions.--In addition to any other penalty
18imposed under law, the court may sentence a person who violates
19section 3802 to any other requirement or condition consistent
20with the treatment needs of the person, the restoration of the
21victim to preoffense status or the protection of the public.

22(k)  Nonapplicability.--Except for subsection (e), this
23section shall not apply to dispositions resulting from
24proceedings under 42 Pa.C.S. Ch. 63.

25Section 2.  Section 3805 of Title 75 is amended to read:

26§ 3805.  Ignition interlock.

27(a)  General rule.--If a person violates section 3802
28(relating to driving under influence of alcohol or controlled
29substance) and either is convicted under section 3802(c) for a 
30first offense or, within the past ten years, has a prior offense

1as defined in section 3806(a) (relating to prior offenses) or
2has had their operating privileges suspended pursuant to section
31547(b.1) (relating to chemical testing to determine amount of
4alcohol or controlled substance) or 3808(c) (relating to
5illegally operating a motor vehicle not equipped with ignition
6interlock) and the person seeks a restoration of operating
7privileges, the department shall require as a condition of
8issuing a restricted license pursuant to this section that the
9following occur:

10(1)  Each motor vehicle owned by the person or registered
11to the person has been equipped with an ignition interlock
12system and remains so for the duration of the restricted
13license period.

14(2)  If there are no motor vehicles owned by the person
15or registered to the person that the person so certify to the
16department. A person so certifying shall be deemed to have
17satisfied the requirement that all motor vehicles owned by
18the person or registered to the person be equipped with an
19ignition interlock system as required by this subsection.

20(b)  Application for a restricted license.--A person subject
21to this section shall apply to the department for an ignition
22interlock restricted license under section 1951 (relating to
23driver's license and learner's permit), which shall be clearly
24marked to restrict the person to only driving, operating or
25being in actual physical control of the movement of motor
26vehicles equipped with an ignition interlock system. Upon
27issuance of an ignition interlock restricted license to any
28person, the department shall notify the person that until the
29person obtains an unrestricted license the person may not own,
30register, drive, operate or be in actual physical control of the

1movement of any motor vehicle which is not equipped with an
2ignition interlock system.

3(c)  Issuance of unrestricted license.--[One]

4(1)  Except as provided under paragraphs (2), (3) and 
5(4), one year from the date of issuance of an ignition
6interlock restricted license under this section, if otherwise
7eligible, a person may be issued a replacement license under
8section 1951(d) that does not contain the ignition interlock
9system restriction.

10(2)  For the third violation of section 3802(b) and for
11the second violation of 3802(c), the restricted license
12period shall be two years.

13(3)  For the fourth violation of section 3802(b) and for
14the third violation of section 3802(c), the restricted
15license period shall be five years.

16(4)  For the fourth violation of section 3802(c), the
17restricted license period shall never expire.

18(d)  Prohibition.--Except as set forth in subsections (e) and
19(f), until the person obtains an unrestricted license, the
20person may not own, register, drive, operate or be in actual
21physical control of the movement of any motor vehicle within
22this Commonwealth unless the motor vehicle is equipped with an
23ignition interlock system.

24(e)  Economic hardship exemption.--A person subject to the
25requirements of subsection (a) may apply to the department for a
26hardship exemption to the requirement that an ignition interlock
27system must be installed in each of the person's motor vehicles.
28Where the department determines that the applicant establishes
29that such a requirement would result in undue financial
30hardship, the department may permit the applicant to install an

1ignition interlock system on only one of the applicant's motor
2vehicles. However, the applicant in accordance with section 3808
3(relating to illegally operating a motor vehicle not equipped
4with ignition interlock) shall be prohibited from driving,
5operating or being in actual physical control of the movement of
6any motor vehicle, including any of the applicant's motor
7vehicles, which is not equipped with an ignition interlock
8system.

9(f)  Employment exemption.--If a person with a restricted
10license is required in the course and scope of employment to
11drive, operate or be in actual physical control of the movement
12of a motor vehicle owned by the person's employer, the following
13apply:

14(1)  Except as set forth in paragraph (2), the person may
15drive, operate or be in actual physical control of the
16movement of that motor vehicle in the course and scope of
17employment without installation of an ignition interlock
18system if:

19(i)  the employer has been notified that the employee
20is restricted; and

21(ii)  the employee has proof of the notification in
22the employee's possession while driving, operating or
23being in actual physical control of the movement of the
24employer's motor vehicle. Proof of the notification may
25be established only by the notarized signature of the
26employer acknowledging notification on a form which shall
27be provided by the department for this purpose and shall
28include a contact telephone number of the employer.

29(2)  Paragraph (1) does not apply in any of the following
30circumstances:

1(i)  To the extent that an employer-owned motor
2vehicle is made available to the employee for personal
3use.

4(ii)  If the employer-owned motor vehicle is owned by
5an entity which is wholly or partially owned by the
6person subject to this section.

7(iii)  If the employer-owned motor vehicle is a
8school bus; a school vehicle; or a vehicle designed to
9transport more than 15 passengers, including the driver.

10(g)  Prohibition of authorization.--This section shall not
11give the department authorization to impose an ignition
12interlock requirement on a person that has committed an offense
13under former section 3731 prior to October 1, 2003, without the
14issuance of a court order.

15(h)  Department approval.--An ignition interlock system
16required to be installed under this title must be a system which
17has been approved by the department. The department's approval
18of ignition interlock systems shall be published in the
19Pennsylvania Bulletin. Systems approved for use under former 42 
20Pa.C.S. § 7002(d) (relating to ignition interlock systems for
21driving under the influence) and any contracts for the
22installation, maintenance and inspection of the systems in
23effect as of the effective date of this section shall continue
24to be approved and in effect until the department again
25publishes approval of ignition interlock systems in the
26Pennsylvania Bulletin and enters into new contracts in support
27of the systems.

28(h.1)  Mobile installation services.--

29(1)  Approved service providers of department-certified
30manufacturers of ignition interlock systems shall be

1permitted to provide mobile installation of ignition
2interlock systems within this Commonwealth.

3(2)  Mobile installation of ignition interlock systems
4shall be held to the same security and procedural standards
5as provided in specifications of the department.

6(3)  Approved service providers of mobile installation of
7ignition interlock systems shall not permit the program
8participant or any unauthorized personnel to witness the
9installation of the ignition interlock system.

10(4)  Regular maintenance of ignition interlocks after
11mobile installation shall be performed according to the
12specifications established by the department.

13(i)  Offenses committed during a period for which an ignition
14interlock restricted license has been issued.--Except as
15provided in sections 1547(b.1) and 3808(c) (relating to
16illegally operating a motor vehicle not equipped with ignition
17interlock), any driver who has been issued an ignition interlock
18restricted license and as to whom the department receives a
19certified record of a conviction of an offense for which the
20penalty is a cancellation, disqualification, recall, suspension
21or revocation of operating privileges shall have the ignition
22interlock restricted license recalled, and the driver shall
23surrender the ignition interlock restricted license to the
24department or its agents designated under the authority of
25section 1540 (relating to surrender of license). Following the
26completion of the cancellation, disqualification, recall,
27suspension or revocation which resulted in the recall of the
28ignition interlock restricted license, the department shall
29require that the person complete the balance of the ignition
30interlock restricted license period previously imposed prior to

1the issuance of a replacement license under section 1951(d) that
2does not contain an ignition interlock restriction.

3Section 3.  This act shall take effect in 60 days.