PRIOR PRINTER'S NO. 166
PRINTER'S NO. 178
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
290
Session of
2015
INTRODUCED BY RAFFERTY, SMUCKER, SCARNATI, GREENLEAF,
VULAKOVICH, AUMENT, VANCE, STACK, TEPLITZ, SCHWANK, BLAKE,
DINNIMAN AND PILEGGI, JANUARY 16, 2015
SENATOR RAFFERTY, TRANSPORTATION, AS AMENDED, JANUARY 21, 2015
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in general provisions, further providing for
definitions; in licensing of drivers, further providing for
chemical testing to determine amount of alcohol or controlled
substance and for occupational limited license and providing
for ignition interlock limited license; and, in driving after
imbibing alcohol or utilizing drugs, further providing for
ignition interlock and for the offense of illegally operating
a motor vehicle not equipped with ignition interlock.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 102 of Title 75 of the Pennsylvania
Consolidated Statutes is amended by adding a definition to read:
§ 102. Definitions.
Subject to additional definitions contained in subsequent
provisions of this title which are applicable to specific
provisions of this title, the following words and phrases when
used in this title shall have, unless the context clearly
indicates otherwise, the meanings given to them in this section:
* * *
"Ignition interlock limited license." A driver's license
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issued to an individual whose operating privilege is suspended
or revoked for one or more violations of section 1547 (relating
to chemical testing to determine amount of alcohol or controlled
substance) or 3802 (relating to driving under influence of
alcohol or controlled substance) requiring the individual to
operate only motor vehicles equipped with a functioning ignition
interlock system.
* * *
Section 2. Sections 1547(a), (c) introductory paragraph, (2)
and (3), (g.1), (h), (i) and (j) and 1553(a)(1), (d)(6), (7) and
(8), (d.1) and (d.2) of Title 75 are amended to read:
§ 1547. Chemical testing to determine amount of alcohol or
controlled substance.
(a) General rule.--Any person who drives, operates or is in
actual physical control of the movement of a vehicle in this
Commonwealth shall be deemed to have given consent to one or
more chemical tests of breath[, blood or urine] or blood for the
purpose of determining the alcoholic content of blood or the
presence of a controlled substance if a police officer has
reasonable grounds to believe the person to have been driving,
operating or in actual physical control of the movement of a
vehicle:
(1) in violation of section 1543(b)(1.1) (relating to
driving while operating privilege is suspended or revoked),
3802 (relating to driving under influence of alcohol or
controlled substance) or 3808(a)(2) (relating to illegally
operating a motor vehicle not equipped with ignition
interlock); or
(2) which was involved in an accident in which the
operator or passenger of any vehicle involved or a pedestrian
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required treatment at a medical facility or was killed.
* * *
(c) Test results admissible in evidence.--In any summary
proceeding or criminal proceeding in which the defendant is
charged with a violation of section 3802 or any other violation
of this title arising out of the same action, the amount of
alcohol or controlled substance in the defendant's blood, as
shown by chemical testing of the person's breath[, blood or
urine] or blood, which tests were conducted by qualified persons
using approved equipment, shall be admissible in evidence.
* * *
(2) (i) Chemical tests of blood [or urine], if
conducted by a facility located in this Commonwealth,
shall be performed by a clinical laboratory licensed and
approved by the Department of Health for this purpose
using procedures and equipment prescribed by the
Department of Health or by a Pennsylvania State Police
criminal laboratory. For purposes of blood [and urine]
testing, qualified person means an individual who is
authorized to perform those chemical tests under the act
of September 26, 1951 (P.L.1539, No.389), known as The
Clinical Laboratory Act.
(ii) For purposes of blood [and urine] testing to
determine blood alcohol or controlled substance content
levels, the procedures and equipment prescribed by the
Department of Health shall be reviewed within 120 days of
the effective date of this subparagraph and at least
every two years thereafter to ensure that consideration
is given to scientific and technological advances so that
testing conducted in accordance with the prescribed
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procedures utilizing the prescribed equipment will be as
accurate and reliable as science and technology permit.
(3) Chemical tests of blood [or urine], if conducted by
a facility located outside this Commonwealth, shall be
performed:
(i) by a facility licensed and approved by the
Department of Health for this purpose; or
(ii) by a facility licensed to conduct the tests by
the state in which the facility is located and licensed
pursuant to the Clinical Laboratory Improvement
Amendments of 1988 (Public Law 100-578, 102 Stat. 2903).
* * *
(g.1) Cost of testing.--The cost of chemical testing,
including the drawing of blood [and urine], performed under this
section shall be paid as follows:
(1) By the individual tested, if the individual was
convicted of or placed into any preadjudication program or
adjudicated delinquent for a violation of section 3802.
(2) By the requesting authority, if the individual was
found not guilty under section 3802 or had the charges
dismissed or withdrawn.
(h) Test by personal physician.--The person tested shall be
permitted to have a physician of his own choosing administer an
additional breath[, blood or urine] or blood chemical test and
the results of the test shall also be admissible in evidence.
The chemical testing given at the direction of the police
officer shall not be delayed by a person's attempt to obtain an
additional test.
(i) Request by driver for test.--Any person involved in an
accident or placed under arrest for a violation of section
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1543(b)(1.1), 3802 or 3808(a)(2) may request a chemical test of
his breath[, blood or urine] or blood. Such requests shall be
honored when it is reasonably practicable to do so.
(j) Immunity from civil liability and reports.--No
physician, nurse or technician or hospital employing such
physician, nurse or technician, and no other employer of such
physician, nurse or technician shall be civilly liable for
withdrawing blood [or obtaining a urine sample] and reporting
test results to the police at the request of a police officer
pursuant to this section. No physician, nurse or technician or
hospital employing such physician, nurse or technician may
administratively refuse to perform such tests and provide the
results to the police officer except as may be reasonably
expected from unusual circumstances that pertain at the time the
request is made.
* * *
§ 1553. Occupational limited license.
(a) Issuance.--
(1) The department shall issue an occupational limited
license under the provisions of this section to a driver
whose operating privileges have been suspended for a
violation of this title, except for an offense under section
3802 (relating to driving under influence of alcohol or
controlled substance) or under former section 3731 (relating
to driving under influence of alcohol or controlled
substance) or for a refusal to submit to chemical testing
under section 1547 (relating to chemical testing to determine
amount of alcohol or controlled substance), and is not
prohibited under any other provision in this section. If the
underlying reason for the suspension was caused by violations
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committed while the driver was operating a commercial motor
vehicle, the driver shall not be issued an occupational
limited license for the purpose of operating a commercial
motor vehicle. The department shall prohibit the issuance of
an occupational limited license when disqualified from doing
so under the Commercial Motor Vehicle Safety Act of 1986
(Title XII of Public Law 99-570, 49 U.S.C. App. § 2701 et
seq.) or the Motor Carrier Safety Improvement Act of 1999
(Public Law 106-159, 113 Stat. 1748).
* * *
(d) Unauthorized issuance.--The department shall prohibit
issuance of an occupational limited license to:
* * *
[(6) Any person who has been adjudicated delinquent,
granted a consent decree or granted Accelerated
Rehabilitative Disposition for driving under the influence of
alcohol or controlled substance unless the suspension or
revocation imposed for that conviction has been fully served.
(7) Any person whose operating privilege has been
suspended for refusal to submit to chemical testing to
determine the amount of alcohol or controlled substance
unless that suspension has been fully served.
(8) Except as set forth in subsections (d.1) and (d.2),
any person who has been convicted of driving under the
influence of alcohol or controlled substance and whose
license has been suspended by the department unless the
suspension imposed has been fully served.]
* * *
[(d.1) Adjudication eligibility.--An individual who has been
convicted of an offense under section 3802 (relating to driving
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under influence of alcohol or controlled substance) and does not
have a prior offense as defined in section 3806(a) (relating to
prior offenses) shall be eligible for an occupational limited
license only if the individual has served 60 days of the
suspension imposed for the offense.
(d.2) Suspension eligibility.--
(1) An individual whose license has been suspended for a
period of 18 months under section 1547(b)(1)(ii) (relating to
chemical testing to determine amount of alcohol or controlled
substance) or 3804(e)(2)(ii) (relating to penalties) shall
not be prohibited from obtaining an occupational limited
license under this section if the individual:
(i) is otherwise eligible for restoration;
(ii) has served 12 months of the suspension imposed
for the offense;
(iii) has no more than one prior offense as defined
in section 3806(b);
(iv) only operates a motor vehicle equipped with an
ignition interlock system as defined in section 3801
(relating to definitions); and
(v) has certified to the department under paragraph
(3).
(2) A period of ignition interlock accepted under this
subsection shall not count towards the one-year mandatory
period of ignition interlock imposed under section 3805
(relating to ignition interlock).
(3) If an individual seeks an occupational limited
license under this subsection, the department shall require
that each motor vehicle owned or registered to the person has
been equipped with an ignition interlock system as defined in
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section 3801 as a condition of issuing an occupational
limited license with an ignition interlock restriction.]
* * *
Section 3. Title 75 is amended by adding a section to read:
§ 1556. Ignition interlock limited license.
(a) Issuance.--
(1) The department shall issue an ignition interlock
limited license under this section to an individual whose
operating privileges have been suspended for:
(i) a violation under section 3802 (relating to
driving under influence of alcohol or controlled
substance) or under former section 3731 (relating to
driving under influence of alcohol or controlled
substance); or
(ii) a refusal to submit to chemical testing under
section 1547 (relating to chemical testing to determine
amount of alcohol or controlled substance) .
(2) The department shall issue an ignition interlock
limited license under the provisions of this section only
upon receiving proof that each motor vehicle owned or to be
operated by the individual has been equipped with an approved
ignition interlock system as defined in section 3801
(relating to definitions) as a condition of issuing an
ignition interlock limited license.
(3) An ignition interlock limited license issued under
the provisions of this section permits an individual to
operate motor vehicles equipped with a functioning ignition
interlock system, as defined in section 3801.
(4) Any period in which an individual holds a valid
ignition interlock limited license under this section shall
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count on a day-for-day basis toward any mandatory period of
ignition interlock use imposed under section 3805 (relating
to ignition interlock) arising from the same incident.
(b) Petition.--
(1) An applicant for an ignition interlock limited
license shall file a petition with the department, by
certified mail, on a form prescribed by the department, and
shall include proof that an approved ignition interlock
system, as defined in section 3801, has been installed in one
or more motor vehicles that the applicant seeks permission to
operate.
(2) The petition shall also include proof of financial
responsibility covering each vehicle the applicant requests
to be permitted to operate. The department shall promulgate
regulations to require additional information as well as
additional evidence to verify the information contained in
the petition.
(3) The applicant shall surrender the applicant's
driver's license in accordance with section 1540 (relating to
surrender of license). If the applicant's driver's license
has been lost or stolen, the applicant shall submit an
application for a replacement license, along with the proper
fee. If the applicant is a nonresident licensed driver, the
applicant shall submit an acknowledgment of suspension in
lieu of a driver's license. If the applicant's license has
expired, the applicant shall submit an application for
renewal, along with the appropriate fee. All fines, costs and
restoration fees must be paid at the time of petition.
(4) Consistent with the provisions of this section, if
the applicant is qualified, the department shall issue an
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ignition interlock limited license within 20 days of receipt
of the petition and all other requirements for issuance.
(c) Fee.--The application fee for an ignition interlock
limited license shall be $50. This fee shall be nonrefundable .
(d) Unauthorized issuance.--The department shall prohibit
issuance of an ignition interlock limited license to:
(1) Any individual who is not licensed to drive by the
Commonwealth or any other state.
(2) Any individual who is required by this title to take
an examination and who has failed to take and pass the
examination.
(3) Any individual whose operating privilege has been
recalled or canceled.
(4) Any individual who has an unsatisfied judgment
against the individual as the result of a motor vehicle
operation, until the judgment has been satisfied under the
provisions of section 1774 (relating to payments sufficient
to satisfy judgments) or an installment agreement has been
entered into to satisfy the judgment, as permitted under
section 1772(b) (relating to suspension for nonpayment of
judgments) or 1775 (relating to installment payment of
judgments), and the financial responsibility of the person
has been established.
(5) Any individual applying for an ignition interlock
limited license to operate a commercial motor vehicle.
(6) Any individual if the department is disqualified
from issuing the ignition interlock limited license under the
Commercial Motor Vehicle Safety Act of 1986 (Title XII of
Public Law 99-570, 49 U.S.C. § 31302 et seq.) or the Motor
Carrier Safety Improvement Act of 1999 (Public Law 106-159,
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113 Stat. 1748).
(7) Any individual whose operating privilege has been
suspended under section 1532(a.1) (relating to suspension of
operating privilege) for conviction or adjudication of
delinquency based on a violation of section 3732 (relating to
homicide by vehicle) or 3735 (relating to homicide by vehicle
while driving under influence).
(e) Adjudication eligibility.--An individual who has been
convicted of an offense under section 3802 shall be eligible to
apply for and, if otherwise qualified, be issued an ignition
interlock limited license upon conviction.
(f) Suspension eligibility.--The following shall apply:
(1) An individual whose license has been suspended under
section 1547(b) shall be eligible to apply for and, if
otherwise qualified, be issued an ignition interlock limited
license under this section if the individual:
(i) has served six months of the suspension imposed
under section 1547(b)(1)(i); or
(ii) has served nine months of the suspension
imposed under section 1547(b)(1)(ii).
(2) An individual whose license has been suspended under
section 3804(e) (relating to penalties) shall be eligible to
apply for and, if otherwise qualified, be issued an ignition
interlock limited license under this section if the
individual:
(i) has served three months of the suspension
imposed under section 3804(e)(2)(i), where the individual
has not had a prior offense, as defined under section
3806(a) (relating to prior offenses), within the past 10
years;
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(I) HAS NOT HAD A PRIOR OFFENSE, AS DEFINED UNDER
SECTION 3806(A) (RELATING TO PRIOR OFFENSES), WITHIN THE
PAST 10 YEARS. THE INDIVIDUAL SHALL BE IMMEDIATELY
ELIGIBLE FOR A SUSPENSION IMPOSED UNDER SECTION 3804(E)
(2)(I);
(ii) has served six months of the suspension imposed
under section 3804(e)(2)(i); or
(iii) has served nine months of the suspension
imposed under section 3804(e)(2)(ii).
(g) Credit against mandatory ignition interlock
requirement.--Any period during which an individual holds a
valid ignition interlock limited license under subsection (e) or
(f) shall count on a day-for-day basis toward the mandatory
period of ignition interlock usage imposed under section 3805
arising from the same incident.
(h) Certification to the department.--If an individual
applies for an ignition interlock limited license under this
section, the department shall require that one or more motor
vehicles owned or to be operated by the individual be equipped
with a functioning ignition interlock system, as defined in
section 3801, as a condition of issuing an ignition interlock
limited license with an ignition interlock restriction.
(i) Offenses committed during a period for which an ignition
interlock limited license has been issued.--If the department
receives a report of conviction of an offense for which the
penalty is a cancellation, disqualification, recall, suspension
or revocation of operating privileges or a report under section
3815(c)(4) (relating to mandatory sentencing) for any individual
who has been issued an ignition interlock limited license, the
department, at its sole discretion, shall either:
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(1) extend the term of the ignition interlock limited
license for up to the original term for which the driver's
license was suspended or revoked; or
(2) recall the ignition interlock limited license, and
the individual shall surrender the limited license to the
department or its agents designated under the authority of
section 1540.
(j) Restrictions.--
(1) Pursuant to subsection (a)(2), an individual who has
been issued an ignition interlock limited license shall
operate only motor vehicles equipped with a functioning
ignition interlock system, as defined in section 3801.
(2) The operating privileges of an individual who has
been issued an ignition interlock limited license remain
under suspension or revocation, except when operating a motor
vehicle in accordance with the conditions of issuance and
restrictions of the ignition interlock limited license.
(k) Appeal from denial or recall of ignition interlock
limited license.--
(1) Any individual who is denied an ignition interlock
limited license or whose ignition interlock limited license
is extended or recalled under subsection (i) may file with
the department a petition for a hearing. The hearing shall be
conducted in accordance with 2 Pa.C.S. (relating to
administrative law and procedure).
(2) The department may charge a reasonable fee based on
the cost to the department for conducting the hearing.
(3) The appeal shall not operate as an automatic
supersedeas. If an administrative hearing officer orders a
supersedeas in any appeal, the individual shall earn no
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credit toward serving the suspension for which the individual
was granted an ignition interlock limited license.
(4) An appeal from a decision of an administrative
hearing officer may be taken in the manner provided in 42
Pa.C.S. § 763(a) (relating to direct appeals from government
agencies).
(5) Appeals under this subsection are exempt from the
provisions of section 1550(b) (relating to judicial review)
and from the provisions of 42 Pa.C.S. § 933 (relating to
appeals from government agencies).
Section 4. Section 3805(a), (b) and (c) of Title 75 are
amended and the section is amended by adding a subsection to
read:
§ 3805. Ignition interlock.
(a) General rule.--If a person violates section 3802
(relating to driving under influence of alcohol or controlled
substance) [and, within the past ten years, has a prior offense
as defined in section 3806(a) (relating to prior offenses)],
except if the individual is subject to the penalties under
section 3804(a) (relating to penalties), has not had a prior
offense, as defined under section 3806(a) (relating to prior
offenses), within the past 10 years, or has had their operating
privileges suspended pursuant to section [1547(b.1)] 1547
(relating to chemical testing to determine amount of alcohol or
controlled substance) or 3808(c) (relating to illegally
operating a motor vehicle not equipped with ignition interlock)
and the person seeks a restoration of operating privileges, the
department shall require as a condition of issuing a restricted
license pursuant to this section that the following occur:
(1) Each motor vehicle owned or to be operated by the
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person [or registered to the person] has been equipped with
an ignition interlock system and remains so for the duration
of the restricted license period.
(2) If there are no motor vehicles owned or to be
operated by the person or registered to the person that the
person so certify to the department. [A person so certifying
shall be deemed to have satisfied the requirement that all
motor vehicles owned by the person or registered to the
person be equipped with an ignition interlock system as
required by this subsection.]
(b) Application for a restricted license.--A person subject
to this section shall apply to the department for an ignition
interlock restricted license under section 1951 (relating to
driver's license and learner's permit), which shall be clearly
marked to restrict the person to only driving, operating or
being in actual physical control of the movement of motor
vehicles equipped with an ignition interlock system. Upon
issuance of an ignition interlock restricted license to any
person, the department shall notify the person that until the
person obtains an unrestricted license the person may not [own,
register,] drive, operate or be in actual physical control of
the movement of any motor vehicle which is not equipped with an
ignition interlock system.
(c) Issuance of unrestricted license.--One year from the
date of issuance of an ignition interlock restricted license
under this section, if otherwise eligible, a person may be
issued a replacement license under section 1951(d) that does not
contain the ignition interlock system restriction. The
department shall not issue an unrestricted license until a
person has presented all of the following:
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(1) Proof that the person has completed the ignition
interlock restricted license period under this section.
(2) Certification by the company that provided the
ignition interlock device that the person has complied with
subsection (h.2).
* * *
(h.2) Declaration of compliance.--Restrictions imposed under
section 1556 (relating to ignition interlock limited license)
shall remain in effect until the department receives a
declaration from the person's ignition interlock device vendor,
in a form provided or approved by the department, certifying
that the following incidents have not occurred in the two
consecutive months prior to the date entered on the certificate:
(1) An attempt to start the vehicle with a breath
alcohol concentration of 0.08% or more, not followed within
five minutes by a subsequent attempt with a breath alcohol
concentration lower than 0.08%.
(2) Failure to take or pass any required retest.
(3) Failure of the person to appear at the ignition
interlock system vendor when required for maintenance,
repair, calibration, monitoring, inspection or replacement of
the device such that the ignition interlock system no longer
functions as required under subsection (h).
* * *
Section 5. Section 3808(c)(1) of Title 75 is amended to
read:
§ 3808. Illegally operating a motor vehicle not equipped with
ignition interlock.
* * *
(c) Suspension of operating privilege.--Notwithstanding
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section 3805(c) and (i):
(1) If a person who is required to only drive, operate
or be in actual physical control of the movement of a motor
vehicle equipped with an ignition interlock system violates
this section, upon receipt of a certified record of the
conviction, the department shall not issue a replacement
license to the person under section 1951(d) (relating to
driver's license and learner's permit) that does not contain
an ignition interlock restriction for a period of one year
from the date of conviction until the person has complied
with the requirements of section 3805 (relating to ignition
interlock).
* * *
Section 6. This act shall take effect in 15 months.
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