1Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2Statutes, <-in driving after imbibing alcohol or utilizing 
3drugs, further providing for grading <-and for prior offenses.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

<-6Section 1. Section 3803(a) of Title 75 of the Pennsylvania
7Consolidated Statutes is amended to read:

<-8Section 1. Sections 3803(a) and 3806(b) of Title 75 of the
9Pennsylvania Consolidated Statutes are amended to read:

10§ 3803. Grading.

11(a) Basic offenses.--[Notwithstanding the provisions of]
12Except as provided in subsection (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

1fine under section 3804 (relating to penalties).

2(2) An individual who violates section 3802(a) and has
3more than one prior offense commits a misdemeanor of the
4second degree.

5* * *

<-6§ 3806. Prior offenses.

7* * *

8(b) Repeat offenses within ten years.--The calculation of
9prior offenses for purposes of sections 1553(d.2) (relating to
10occupational limited license), 3803 (relating to grading) and
113804 (relating to penalties) shall include any conviction,
12whether or not judgment of sentence has been imposed for the 
13violation, adjudication of delinquency, juvenile consent decree,
14acceptance of Accelerated Rehabilitative Disposition or other
15form of preliminary disposition within the ten years before the
16[present violation occurred] sentencing on the present violation
17for any of the following:

18(1) an offense under section 3802;

19(2) an offense under former section 3731;

20(3) an offense substantially similar to an offense under
21paragraph (1) or (2) in another jurisdiction; or

22(4) any combination of the offenses set forth in
23paragraph (1), (2) or (3).

24Section 2. The amendment of 75 Pa.C.S. § 3806(b) shall apply
25to persons sentenced on or after the effective date of this

27Section 2 3. This act shall take effect <-immediately. as 

29(1) The following provisions shall take effect

1(i) This section.

2(ii) The amendment of 75 Pa.C.S. § 3803(a).

3(2) The remainder of this act shall take effect in 60