Bill Text: PA HB153 | 2009-2010 | Regular Session | Introduced

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Bill Title: Further providing for revocation of habitual offender's license, for driving while operating privilege is suspended or revoked, for permitting violation of title, for homicide by vehicle and for habitual offenders.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2009-01-30 - Referred to TRANSPORTATION [HB153 Detail]

Download: Pennsylvania-2009-HB153-Introduced.html

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PRINTER'S NO. 149
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 153 Session of2009
INTRODUCED BY SOLOBAY, BELFANTI, BEYER, BOYD, BRENNAN, CREIGHTON, DONATUCCI, FRANKEL, GEIST, GOODMAN, GROVE, GRUCELA, HARKINS, HARRIS, MAHONEY, MAJOR, MANN, McILVAINE SMITH, MELIO, MILLER, MOUL, MUNDY, O'NEILL, PAYNE, READSHAW, ROAE, SCAVELLO, SIPTROTH, SONNEY, SWANGER, VULAKOVICH AND WHITE, JANUARY 30, 2009
REFERRED TO COMMITTEE ON TRANSPORTATION, JANUARY 30, 2009
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, further providing for revocation of habitual
offender's license, for driving while operating privilege is
suspended or revoked, for permitting violation of title, for
homicide by vehicle and for habitual offenders.
This act shall be referred to as Alex's Law.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 1542, 1543, 1575, 3732 and 6503.1 of
Title 75 of the Pennsylvania Consolidated Statutes are amended
to read:
§ 1542. Revocation of habitual offender's license.
(a) General rule.--The department shall revoke the operating
privilege of any person found to be a habitual offender pursuant
to the provisions of this section. A "habitual offender" shall
be any person whose driving record, as maintained in the
department, shows that such person has accumulated the requisite
number of convictions for the separate and distinct offenses
described and enumerated in subsection (b) committed after the
effective date of this title and within any period of five years
thereafter.
(b) Offenses enumerated.--Three convictions arising from
separate acts of any one or more of the following offenses
committed by any person shall result in such person being
designated as a habitual offender:
(1) Any violation of Subchapter B of Chapter 37
(relating to serious traffic offenses).
(1.1) Any violation of Chapter 38 (relating to driving
after imbibing alcohol or utilizing drugs) except for
sections 3808(a)(1) and (b) (relating to illegally operating
a motor vehicle not equipped with ignition interlock) and
3809 (relating to restriction on alcoholic beverages).
(1.2) Any violation of section [1543(b)(1.1)] 1543(b)
(relating to driving while operating privilege is suspended
or revoked).
(2) Any violation of section 3367 (relating to racing on
highways).
(3) Any violation of section 3742 (relating to accidents
involving death or personal injury).
(3.1) Any violation of section 3742.1 (relating to
accidents involving death or personal injury while not
properly licensed).
(4) Any violation of section 3743 (relating to accidents
involving damage to attended vehicle or property).
(c) Accelerative Rehabilitative Disposition as an offense.--
Acceptance of Accelerative Rehabilitative Disposition for any
offense enumerated in subsection (b) shall be considered an
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offense for the purposes of this section.
(d) Period of revocation.--The operating privilege of any
person found to be a habitual offender under the provisions of
this section shall be revoked by the department for a period of
five years.
(e) Additional offenses.--Each additional offense committed
within a period of five years, as measured from the date of any
previous offense, shall result in a revocation for an additional
period of two years.
§ 1543. Driving while operating privilege is suspended or
revoked.
(a) Offense defined.--Except as provided in subsection (b),
any person who drives a motor vehicle on any highway or
trafficway of this Commonwealth after the commencement of a
suspension, revocation or cancellation of the operating
privilege and before the operating privilege has been restored
is guilty of a summary offense and shall, upon conviction, be
sentenced to pay a fine of $200.
(b) Certain offenses.--
(1) A person who drives a motor vehicle on a highway or
trafficway of this Commonwealth at a time when the person's
operating privilege is suspended or revoked as a condition of
acceptance of Accelerated Rehabilitative Disposition for a
violation of section 3802 (relating to driving under
influence of alcohol or controlled substance) or the former
section 3731 (relating to driving under influence of alcohol
or controlled substance), because of a violation of section
1547(b)(1) (relating to [suspension for refusal] chemical
testing to determine amount of alcohol or controlled
substance) or 3802 or former section 3731 or is suspended
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under section 1581 (relating to Driver's License Compact) for
an offense substantially similar to a violation of section
3802 or former section 3731 shall, upon conviction, be guilty
of a summary offense and shall be sentenced to pay a fine of
$500 and to undergo imprisonment for a period of not less
than 60 days nor more than 90 days.
(1.1) (i) A person who has an amount of alcohol by
weight in his blood that is equal to or greater than .02%
at the time of testing or who at the time of testing has
in his blood any amount of a Schedule I or nonprescribed
Schedule II or III controlled substance, as defined in
the act of April 14, 1972 (P.L.233, No.64), known as The
Controlled Substance, Drug, Device and Cosmetic Act, or
its metabolite and who drives a motor vehicle on any
highway or trafficway of this Commonwealth at a time when
the person's operating privilege is suspended or revoked
as a condition of acceptance of Accelerated
Rehabilitative Disposition for a violation of section
3802 or former section 3731 or because of a violation of
section 1547(b)(1) or 3802 or former section 3731 or is
suspended under section 1581 for an offense substantially
similar to a violation of section 3802 or former section
3731 shall, upon a first conviction, be guilty of a
summary offense and shall be sentenced to pay a fine of
$1,000 and to undergo imprisonment for a period of not
less than 90 days.
(ii) A second violation of this paragraph shall
constitute a misdemeanor of the third degree, and upon
conviction thereof the person shall be sentenced to pay a
fine of $2,500 and to undergo imprisonment for not less
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than six months.
(iii) A third or subsequent violation of this
paragraph shall constitute a misdemeanor of the first
degree, and upon conviction thereof the person shall be
sentenced to pay a fine of $5,000 and to undergo
imprisonment for not less than two years.
(2) This subsection shall apply to any person against
whom one of these suspensions has been imposed whether the
person is currently serving this suspension or whether the
effective date of suspension has been deferred under any of
the provisions of section 1544 (relating to additional period
of revocation or suspension). This provision shall also apply
until the person has had the operating privilege restored.
This subsection shall also apply to any revocation imposed
pursuant to section 1542 (relating to revocation of habitual
offender's license) if any of the enumerated offenses was for
a violation of section 3802 or former section 3731 or for an
out-of-State offense that is substantially similar to a
violation of section 3802 or former section 3731, for which a
revocation is imposed under section 1581.
(3) Notwithstanding any other provision of law to the
contrary, if the police suspect that a driver may be charged
under this subsection, chemical testing shall be administered
under section 1547.
(c) Suspension or revocation of operating privilege.--Upon
receiving a certified record of the conviction of any person
under this section, the department shall suspend or revoke that
person's operating privilege as follows:
(1) If the department's records show that the person was
under suspension, recall or cancellation on the date of
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violation, and had not been restored, the department shall
suspend the person's operating privilege for an additional
one-year period.
(2) If the department's records show that the person was
under revocation on the date of violation, and had not been
restored, the department shall revoke the person's operating
privilege for an additional two-year period.
(d) Citation of appropriate subsection.--Prior to filing a
citation for a violation of this section with the issuing
authority named in the citation, the police officer shall verify
the basis for the suspension with the department. Upon receiving
the verification, the officer shall cite the appropriate
subsection of this section on the citation.
§ 1575. Permitting violation of title.
(a) General rule.--No person shall authorize or knowingly
permit a motor vehicle owned by him or under his control to be
driven in violation of any of the provisions of this title.
(b) Penalty.--Any person violating the provisions of
subsection (a) is guilty of a summary offense and is subject to
the same fine as the driver of the vehicle. If the driver is
convicted under section 1543 (relating to driving while
operating privilege is suspended or revoked), section 3735
(relating to homicide by vehicle while driving under influence)
or 3802 (relating to driving under influence of alcohol or
controlled substance), the person violating subsection (a) shall
also be subject to suspension or revocation, as applicable,
under sections 1532 (relating to [revocation or] suspension of
operating privilege), 1542 (relating to revocation of habitual
offender's license) and 3804(e) (relating to penalties).
(c) Indemnification.--In cases where a driver of a motor
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vehicle is required to conduct a pretrip safety inspection
pursuant to department regulations and is subsequently convicted
of one or more equipment violations under this title, the owner
of the vehicle shall indemnify the driver for any fines and
costs paid if the specific equipment violation was listed on the
driver's pretrip inspection report and acknowledged in writing
by the owner.
(d) Impound of vehicle.--When an officer has probable cause
to believe that the registered owner of any motor vehicle
knowingly permitted use of his or her vehicle in violation of
section 1543(b), the officer shall impound the vehicle.
(e) Forfeiture of vehicle.--Any motor vehicle used in
violation of section 1543(b) shall be forfeited to the
Commonwealth if, upon hearing, the Commonwealth shows by a
preponderance of the evidence that the registered owner
knowingly permitted his or her vehicle to be operated by an
individual in violation of section 1543.
§ 3732. Homicide by vehicle.
(a) Offense.--Any person who recklessly or with gross
negligence causes the death of another person while engaged in
the violation of any law of this Commonwealth or municipal
ordinance applying to the operation or use of a vehicle or to
the regulation of traffic except section 3802 (relating to
driving under influence of alcohol or controlled substance) is
guilty of homicide by vehicle, a felony of the third degree,
when the violation is the cause of death.
(b) Sentencing.--
(1) In addition to any other penalty provided by law, a
person convicted of a violation of subsection (a) may be
sentenced to an additional term not to exceed five years'
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confinement if at trial the prosecution proves beyond a
reasonable doubt that the offense occurred in an active work
zone as defined in section 102 (relating to definitions).
(1.1) In addition to any other penalty provided by law,
a person convicted of a violation of subsection (a) may be
sentenced to an additional term not to exceed five years'
imprisonment if at trial the prosecution proves beyond a
reasonable doubt that the offense occurred while the driver's
operating privilege was suspended or revoked for a violation
of section 3802 or the former section 3731.
(2) The prosecution must indicate intent to proceed
under this section in the indictment or information which
commences the prosecution.
(3) The Pennsylvania Commission on Sentencing, pursuant
to 42 Pa.C.S. § 2154 (relating to adoption of guidelines for
sentencing), shall provide for a sentencing enhancement for
an offense under this section when the violation occurred in
an active work zone as defined in section 102[.] and for an
offense that occurs while a driver's operating privilege was
suspended or revoked for a violation of section 3802 or the
former section 3731.
§ 6503.1. Habitual offenders.
(a) Offense.--A habitual offender under section 1542
(relating to revocation of habitual offender's license) who
drives a motor vehicle on any highway or trafficway of this
Commonwealth while the habitual offender's operating privilege
is suspended, revoked or canceled commits a misdemeanor of the
second degree.
(b) Impound of vehicle.--When an officer has probable cause
to believe a person has violated subsection (a), the officer
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shall not permit the suspected offender to drive the involved
vehicle. Instead, the officer may permit the registered owner to
remove the vehicle from the place of the traffic stop so long as
the registered owner is properly licensed to drive the vehicle
and there is not probable cause to believe the registered owner
knowingly permitted the suspected offender of subsection (a) to
drive the vehicle in violation of subsection (a). Otherwise, the
officer shall impound the vehicle.
(c) Forfeiture of vehicle.--Any motor vehicle used in
violation of this section shall be forfeited to the Commonwealth
if, upon hearing, the Commonwealth shows by a preponderance of
the evidence that the registered owner operated the vehicle in
violation of this section.
Section 2. This act shall take effect in 60 days.
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