Pennsylvania Act 2004-177 — JUDICIAL CODE (42 PA.C.S.) AND VEHICLE CODE (75 PA.C.S.) - OMNIBUS AMENDMENTS

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