act-2004-0-177•Pennsylvania Act 2004-177 — JUDICIAL CODE (42 PA.C.S.) AND VEHICLE CODE (75 PA.C.S.) - OMNIBUS AMENDMENTS
Pennsylvania Act 2004-177 — JUDICIAL CODE (42 PA.C.S.) AND VEHICLE CODE (75 PA.C.S.) - OMNIBUS AMENDMENTS
act-2004-0-1772004 Pa. Act 177Law
Act text
JUDICIAL CODE (42 PA.C.S.) AND VEHICLE CODE (75 PA.C.S.) - OMNIBUS
AMENDMENTS
Act of Nov. 29, 2004, P.L. 1369, No. 177 Cl. 42
Session of 2004
No. 2004-177
SB 133
AN ACT
Amending Titles 42 (Judiciary and Judicial Procedure) and 75
(Vehicles) of the Pennsylvania Consolidated Statutes, further
providing for jurisdiction and venue, for chemical testing to
determine amount of alcohol or controlled substance, for
Accelerated Rehabilitative Disposition, for grading, for
penalties, for prior offenses, for illegally operating a
motor vehicle not equipped with ignition interlock, for
mandatory sentencing and for rights and liabilities of
minors.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1515(a) of Title 42 of the Pennsylvania
Consolidated Statutes is amended by adding a paragraph to read:
§ 1515. Jurisdiction and venue.
(a) Jurisdiction.--Except as otherwise prescribed by general
rule adopted pursuant to section 503 (relating to reassignment
of matters), district justices shall, under procedures
prescribed by general rule, have jurisdiction of all of the
following matters:
* * *
(5.1) Offenses under 75 Pa.C.S. § 3808 (relating to
illegally operating a motor vehicle not equipped with
ignition interlock).
* * *
Section 2. Sections 1547(b)(2), 1552 and 3803 of Title 75
are amended to read:
§ 1547. Chemical testing to determine amount of alcohol or
controlled substance.
* * *
(b) Suspension for refusal.--
* * *
(2) It shall be the duty of the police officer to inform
the person that:
(i) the person's operating privilege will be
suspended upon refusal to submit to chemical testing; and
(ii) if the person refuses to submit to chemical
testing, upon conviction[, plea or adjudication of
delinquency] or plea for violating section [3802(a)]
3802(a)(1), the person will be subject to the penalties
provided in section 3804(c) (relating to penalties).
* * *
§ 1552. Accelerated Rehabilitative Disposition.
The court of common pleas in each judicial district and the
Municipal Court of Philadelphia shall establish and implement a
program for Accelerated Rehabilitative Disposition for persons
charged with a violation of section 3802 (relating to driving
under influence of alcohol or controlled substance) in
accordance with the provisions of this chapter, Chapter 38
(relating to driving after imbibing alcohol or utilizing drugs)
and rules adopted by the Supreme Court.
§ 3803. Grading.
(a) Basic offenses.--Notwithstanding the provisions of
subsection (b):
(1) An individual who violates section 3802(a) (relating
to driving under influence of alcohol or controlled
substance) and has no more than one prior offense commits a
misdemeanor for which the individual may be sentenced to a
term of imprisonment of not more than six months and to pay a
fine under section 3804 (relating to penalties).
(2) An individual who violates section 3802(a) and has
more than one prior offense commits a misdemeanor of the
second degree.
(b) Other offenses.--
(1) An individual who violates section [3802(b)]
3802(a)(1) where there was an accident resulting in bodily
injury, serious bodily injury or death of any person or in
damage to a vehicle or other property, or who violates
section 3802(b), (e) or (f) and who has no more than one
prior offense commits a misdemeanor for which the individual
may be sentenced to a term of imprisonment of not more than
six months and to pay a fine under section 3804.
(2) An individual who violates section [3802(c)]
3802(a)(1) where the individual refused testing of blood or
breath, or who violates section 3802(c) or (d) and who has no
prior offenses commits a misdemeanor for which the individual
may be sentenced to a term of imprisonment of not more than
six months and to pay a fine under section 3804.
(3) An individual who violates section [3802(b)]
3802(a)(1) where there was an accident resulting in bodily
injury, serious bodily injury or death of any person or in
damage to a vehicle or other property, or who violates
section 3802(b), (e) or (f) and who has more than one prior
offense commits a misdemeanor of the first degree.
(4) An individual who violates section [3802(c)]
3802(a)(1) where the individual refused testing of blood or
breath, or who violates section 3802(c) or (d) and who has
one or more prior offenses commits a misdemeanor of the first
degree.
Section 3. Section 3804(a), (b) and (c) of Title 75 are
amended and the section is amended by adding a subsection to
read:
§ 3804. Penalties.
(a) General impairment.--[An] Except as set forth in
subsection (b) or (c), an individual who violates section
3802(a) (relating to driving under influence of alcohol or
controlled substance) shall be sentenced as follows:
(1) For a first offense, to:
(i) undergo a [period of probation not to exceed six
months] mandatory minimum term of six months' probation;
(ii) pay a fine of $300;
(iii) attend an alcohol highway safety school
approved by the department; and
(iv) comply with all drug and alcohol treatment
requirements imposed under sections 3814 (relating to
drug and alcohol assessments) and 3815 (relating to
mandatory sentencing).
(2) For a second offense, to:
(i) undergo imprisonment for not less than five days
[nor more than six months];
(ii) pay a fine of not less than $300 nor more than
$2,500;
(iii) attend an alcohol highway safety school
approved by the department; and
(iv) comply with all drug and alcohol treatment
requirements imposed under sections 3814 and 3815.
(3) For a third or subsequent offense, to:
(i) undergo imprisonment of not less than ten days
[nor more than two years];
(ii) pay a fine of not less than $500 nor more than
$5,000; and
(iii) comply with all drug and alcohol treatment
requirements imposed under sections 3814 and 3815.
(b) High rate of blood alcohol; minors; commercial vehicles
and school buses and school vehicles; accidents.--Except as set
forth in subsection (c), an individual who violates section
3802(a)(1) where there was an accident resulting in bodily
injury, serious bodily injury or death of any person or damage
to a vehicle or other property or who violates section 3802(b),
(e) or (f) shall be sentenced as follows:
(1) For a first offense, to:
(i) undergo imprisonment of not less than 48
consecutive hours [nor more than six months];
(ii) pay a fine of not less than $500 nor more than
$5,000;
(iii) attend an alcohol highway safety school
approved by the department; and
(iv) comply with all drug and alcohol treatment
requirements imposed under sections 3814 and 3815.
(2) For a second offense, to:
(i) undergo imprisonment of not less than 30 days
[nor more than six months];
(ii) pay a fine of not less than $750 nor more than
$5,000;
(iii) attend an alcohol highway safety school
approved by the department; and
(iv) comply with all drug and alcohol treatment
requirements imposed under sections 3814 and 3815.
(3) For a third offense, to:
(i) undergo imprisonment of not less than 90 days
[nor more than five years];
(ii) pay a fine of not less than $1,500 nor more
than $10,000; and
(iii) comply with all drug and alcohol treatment
requirements imposed under sections 3814 and 3815.
(4) For a fourth or subsequent offense, to:
(i) undergo imprisonment of not less than one year
[nor more than five years];
(ii) pay a fine of not less than $1,500 nor more
than $10,000; and
(iii) comply with all drug and alcohol treatment
requirements imposed under sections 3814 and 3815.
(c) Incapacity; highest blood alcohol; controlled
substances.--An individual who violates section 3802(a)(1) and
refused testing of blood or breath or an individual who violates
section 3802(c) or (d) shall be sentenced as follows:
(1) For a first offense, to:
(i) undergo imprisonment of not less than 72
consecutive hours [nor more than six months];
(ii) pay a fine of not less than $1,000 nor more
than $5,000;
(iii) attend an alcohol highway safety school
approved by the department; and
(iv) comply with all drug and alcohol treatment
requirements imposed under sections 3814 and 3815.
(2) For a second offense, to:
(i) undergo imprisonment of not less than 90 days
[nor more than five years];
(ii) pay a fine of not less than $1,500;
(iii) attend an alcohol highway safety school
approved by the department; and
(iv) comply with all drug and alcohol treatment
requirements imposed under sections 3814 and 3815.
(3) For a third or subsequent offense, to:
(i) undergo imprisonment of not less than one year
[nor more than five years];
(ii) pay a fine of not less than $2,500; and
(iii) comply with all drug and alcohol treatment
requirements imposed under sections 3814 and 3815.
* * *
(k) Nonapplicability.--Except for subsection (e), this
section shall not apply to dispositions resulting from
proceedings under 42 Pa.C.S. Ch. 63 (relating to juvenile
matters).
Section 4. Sections 3806, 3807(b)(1)(iv) and (d), 3808(a)(1)
and (b) and 3815(a) of Title 75 are amended to read:
§ 3806. Prior offenses.
(a) General rule.--Except as set forth in subsection (b),
the term "prior offense" as used in this chapter shall mean a
conviction, adjudication of delinquency, juvenile consent
decree, acceptance of Accelerated Rehabilitative Disposition or
other form of preliminary disposition before the sentencing on
the present violation for any of the following:
(1) an offense under section 3802 (relating to driving
under influence of alcohol or controlled substance);
(2) an offense under former section 3731;
(3) an offense substantially similar to an offense under
[paragraphs] paragraph (1) or (2) in another jurisdiction; or
(4) any combination of the offenses set forth in
[paragraphs] paragraph (1), (2) or (3).
(b) Repeat offenses within ten years.--The calculation of
prior offenses for purposes of sections 1553(d.2) (relating to
occupational limited license), 3803 (relating to grading) and
3804 (relating to penalties) shall include any conviction,
adjudication of delinquency, juvenile consent decree, acceptance
of Accelerated Rehabilitative Disposition or other form of
preliminary disposition within the ten years before the present
violation occurred for any of the following:
(1) an offense under section 3802;
(2) an offense under former section 3731;
(3) an offense substantially similar to an offense under
paragraph (1) or (2) in another jurisdiction; or
(4) any combination of the offenses set forth in
paragraph (1), (2) or (3).
§ 3807. Accelerated Rehabilitative Disposition.
* * *
(b) Evaluation and treatment.--
(1) A defendant offered Accelerated Rehabilitative
Disposition for a violation of section 3802 is, as a
condition of participation in the program, subject to the
following requirements in addition to any other conditions of
participation imposed by the court:
* * *
(iv) The defendant must remain subject to court
supervision for at least six months, but not more than 12
months.
* * *
(d) Mandatory suspension of operating privileges.--As a
condition of participation in an Accelerated Rehabilitative
Disposition program, the court shall order the defendant's
license suspended as follows:
(1) There shall be no license suspension if the
defendant's blood alcohol concentration at the time of
testing was less than 0.10%.
(2) For 30 days if the defendant's blood alcohol
concentration at the time of testing was at least 0.10% but
less than 0.16%.
(3) For 60 days if:
(i) the defendant's blood alcohol concentration at
the time of testing was 0.16% or higher;
(ii) the defendant's blood alcohol concentration is
not known; [or]
(iii) an accident which resulted in bodily injury or
in damage to a vehicle or other property occurred in
connection with the events surrounding the current
offense[.]; or
(iv) the defendant was charged pursuant to section
3802(d).
(4) For 90 days if the defendant was a minor at the time
of the offense.
* * *
§ 3808. Illegally operating a motor vehicle not equipped with
ignition interlock.
(a) Offense defined.--
(1) An individual required to only drive, operate or be
in actual physical control of the movement of a motor vehicle
equipped with an ignition interlock system under section
1553(d.2) (relating to occupational limited license) or 3805
(relating to ignition interlock) who drives, operates or is
in actual physical control of the movement of a motor vehicle
within this Commonwealth without such a system commits a
[summary offense] misdemeanor and shall, upon conviction, be
sentenced to pay a fine of not less than $300 and not more
than $1,000 and to imprisonment for not more than 90 days.
* * *
(b) Tampering with an ignition interlock system.--A person
that tampers with an ignition interlock system required by law
commits a misdemeanor [of the third degree] and shall, upon
conviction, be sentenced to pay a fine of not less than $300 nor
more than $1,000 and to undergo imprisonment for not more than
90 days. The term "tampering," in addition to any physical act
which is intended to alter or interfere with the proper
functioning of an ignition interlock system required by law,
shall include attempting to circumvent or bypass or
circumventing or bypassing an ignition interlock system by:
(1) means of using another individual to provide a
breath sample; or
(2) providing a breath sample for the purpose of
bypassing an ignition interlock system required by law.
* * *
§ 3815. Mandatory sentencing.
(a) County supervision.--Notwithstanding the length of any
maximum term of imprisonment imposed pursuant to sections 3803
(relating to grading) and 3804 (relating to penalties), and
notwithstanding the provisions of section 17 of the act of
August 6, 1941 (P.L.861, No.323), referred to as the
Pennsylvania Board of Probation and Parole Law, the sentencing
judge may grant parole under the supervision of the county
parole system to any offender serving a sentence for a violation
of section 3802 (relating to driving under influence of alcohol
or controlled substance) and, if applicable, serving any
concurrent sentence of imprisonment for any misdemeanor offense
arising from the same criminal episode as the violation of
section 3802. The power of the sentencing judge to grant parole
shall apply only to those offenders whose sentences are being
served in a county prison pursuant to 42 Pa.C.S. § 9762
(relating to sentencing proceeding; place of confinement) or
section 3804(d). The sentencing judge shall declare his
intention to retain parole authority and supervision at the time
of sentencing in cases in which he would not otherwise have
parole authority and supervision.
* * *
Section 5. Section 6303 of Title 75 is amended to read:
§ 6303. Rights and liabilities of minors.
[Any] (a) General rule.--Except as provided in subsection
(b), any person over the age of 16 years charged with the
violation of any provisions of this title constituting a summary
offense shall have all the rights of an adult and may be
prosecuted under the provisions of this title in the same manner
as an adult.
(b) Exception.--No person shall be sentenced to a term of
imprisonment for a violation of any provisions of this title
constituting a summary offense committed while the person was
under the age of 18 years.
Section 6. The amendment of the following provisions shall
apply to sentences imposed on or after the effective date of
this section:
(1) 75 Pa.C.S. § 3806;
(2) 75 Pa.C.S. § 3815(a); and
(3) 75 Pa.C.S. § 6303.
Section 7. This act shall take effect immediately.
APPROVED--The 29th day of November, A. D. 2004.
EDWARD G. RENDELL
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