1Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2Statutes, <-in licensing of drivers, further providing for 
3occupational limited license; <-in driving after imbibing 
4alcohol or utilizing drugs, further providing for grading <-and 
5for prior offenses<-; and, in enforcement, further providing 
6for reports by courts.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

<-9Section 1. Section 3803(a) of Title 75 of the Pennsylvania
10Consolidated Statutes is amended to read:

<-11Section 1. Sections 3803(a) and 3806(b) of Title 75 of the
12Pennsylvania Consolidated Statutes are amended to read:

<-13Section 1. Sections 1553(d)(10), 3803(a), 3806(b) and
146323(1) of Title 75 of the Pennsylvania Consolidated Statutes
15are amended to read:

16§ 1553. Occupational limited license.

17* * *

18(d) Unauthorized issuance.--The department shall prohibit

1issuance of an occupational limited license to:

2* * *

3(10) [Any] (i) Except as provided under subparagraph 
4(ii), any person whose operating privilege has been
5suspended pursuant to either former section 13(m) of the
6act of April 14, 1972 (P.L.233, No.64), known as The
7Controlled Substance, Drug, Device and Cosmetic Act, or
8section 1532(c) (relating to suspension of operating
9privilege) unless the suspension imposed has been fully
10served.

11(ii) Subparagraph (i) shall not apply to a person
12whose:

13(A) operating privilege has been suspended
14pursuant to either:

15(I) former section 13(m) of The Controlled
16Substance, Drug, Device and Cosmetic Act; or

17(II) section 1532(c) for a conviction of any 
18offense involving the possession, sale, delivery, 
19offering for sale, holding for sale or giving 
20away of any controlled substance under the laws 
21of the United States, this Commonwealth or any 
22other state; and

23(B) record of conviction, adjudication of
24delinquency or a granting of a consent decree was not
25sent to the department within the time period
26required under section 6323(1) (relating to reports
27by courts).

28* * *

29§ 3803. Grading.

30(a) Basic offenses.--[Notwithstanding the provisions of]

1Except as provided in subsection (b):

2(1) An individual who violates section 3802(a) (relating
3to driving under influence of alcohol or controlled
4substance) and has no more than one prior offense commits a
5misdemeanor for which the individual may be sentenced to a
6term of imprisonment of not more than six months and to pay a
7fine under section 3804 (relating to penalties).

8(2) An individual who violates section 3802(a) and has
9more than one prior offense commits a misdemeanor of the
10second degree.

11* * *

<-12§ 3806. Prior offenses.

13* * *

14(b) Repeat offenses within ten years.--The calculation of
15prior offenses for purposes of sections 1553(d.2) (relating to
16occupational limited license), 3803 (relating to grading) and
173804 (relating to penalties) shall include any conviction,
18whether or not judgment of sentence has been imposed for the 
19violation, adjudication of delinquency, juvenile consent decree,
20acceptance of Accelerated Rehabilitative Disposition or other
21form of preliminary disposition within the ten years before the
22[present violation occurred] sentencing on the present violation
23for any of the following:

24(1) an offense under section 3802;

25(2) an offense under former section 3731;

26(3) an offense substantially similar to an offense under
27paragraph (1) or (2) in another jurisdiction; or

28(4) any combination of the offenses set forth in
29paragraph (1), (2) or (3).

<-30§ 6323. Reports by courts.

1Subject to any inconsistent procedures and standards relating
2to reports and transmission of funds prescribed pursuant to
3Title 42 (relating to judiciary and judicial procedure):

4(1) The following shall apply:

5(i) The clerk of any court of this Commonwealth,
6within ten days after final judgment of conviction or
7acquittal or other disposition of charges under any of
8the provisions of this title or under section 13 of the
9act of April 14, 1972 (P.L.233, No.64), known as The
10Controlled Substance, Drug, Device and Cosmetic Act,
11including an adjudication of delinquency or the granting
12of a consent decree, shall send to the department a
13record of the judgment of conviction, acquittal or other
14disposition.

15(ii) The following shall apply:

16(A) The clerk of any court of this Commonwealth 
17shall, by January 1, 2016, send to the department 
18each record of the following, including an 
19adjudication of delinquency or the granting of a 
20consent decree, that was not sent within ten days 
21after final judgment of conviction or acquittal or 
22other disposition:

23(I) A judgment of conviction, adjudication
24of delinquency or a granting of a consent decree
25under section 13 of The Controlled Substance,
26Drug, Device and Cosmetic Act.

27(II) A judgment of conviction, adjudication 
28of delinquency or a granting of a consent decree 
29under section 1532(c) (relating to suspension of 
30operating privilege) for a conviction of any
 

1offense involving the possession, sale, delivery, 
2offering for sale, holding for sale or giving 
3away of any controlled substance under the laws 
4of the United States, this Commonwealth or any 
5other state.

6(B) A filing made under this subparagraph shall
7be valid for the purposes of this title.

8* * *

9Section 2. The amendment of 75 Pa.C.S. § 3806(b) shall apply
10to persons sentenced on or after the effective date of this
11section.

<-12Section 3. The amendment of 75 Pa.C.S. § 1553(d)(10)(ii)
13shall be applied retroactively to January 1, 2004, in cases
14where the record of a judgment of conviction, adjudication of
15delinquency or a granting of a consent decree was sent to the
16Department of Transportation prior to the effective date of this
17section, but not within the time period required under 75
18Pa.C.S. § 6323(1).

19Section 2 3 4. This act shall take effect <-immediately. as 
20follows:

21(1) The following provisions shall take effect
22immediately:

23(i) This section <-and section 3 of this act.

24(ii) The amendment of 75 Pa.C.S. <-§ 3803(a) §§ 
251553(d)(10), 3803(a) and 6323(1).

26(2) The remainder of this act shall take effect in 60
27days.