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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY GILLESPIE, CRUZ, GINGRICH, GROVE, HARRIS, HENNESSEY, HESS, HICKERNELL, HORNAMAN, KILLION, MELIO, MILLARD, MILLER, MURT, PAYNE, PYLE, ROAE, SAYLOR, SIPTROTH, STERN, SWANGER, J. TAYLOR, TRUE, TURZAI, VULAKOVICH AND SONNEY, FEBRUARY 23, 2009 |
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| REFERRED TO COMMITTEE ON TRANSPORTATION, FEBRUARY 23, 2009 |
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| AN ACT |
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1 | Amending Title 75 (Vehicles) of the Pennsylvania Consolidated |
2 | Statutes, further providing for grading of driving under |
3 | influence of alcohol or controlled substance offenses. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Section 3803(b) of Title 75 of the Pennsylvania |
7 | Consolidated Statutes is amended to read: |
8 | § 3803. Grading. |
9 | * * * |
10 | (b) Other offenses.-- |
11 | (1) An individual who violates section 3802(a)(1) where |
12 | there was an accident resulting in bodily injury, serious |
13 | bodily injury or death of any person or in damage to a |
14 | vehicle or other property, or who violates section 3802(b), |
15 | (e) or (f) and who has no more than one prior offense commits |
16 | a misdemeanor for which the individual may be sentenced to a |
17 | term of imprisonment of not more than six months and to pay a |
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1 | fine under section 3804. |
2 | (2) An individual who violates section 3802(a)(1) where |
3 | the individual refused testing of blood or breath, or who |
4 | violates section 3802(c) or (d) and who has no prior offenses |
5 | commits a misdemeanor for which the individual may be |
6 | sentenced to a term of imprisonment of not more than six |
7 | months and to pay a fine under section 3804. |
8 | (3) An individual who violates section 3802(a)(1) where |
9 | there was an accident resulting in bodily injury, serious |
10 | bodily injury or death of any person or in damage to a |
11 | vehicle or other property, or who violates section 3802(b), |
12 | (e) or (f) and who has more than one prior offense commits a |
13 | misdemeanor of the first degree. |
14 | (4) An individual who violates section 3802(a)(1) where |
15 | the individual refused testing of blood or breath, or who |
16 | violates section 3802(c) or (d) and who has one or more prior |
17 | offenses commits a misdemeanor of the first degree. |
18 | (5) An individual who violates section 3802 and who has |
19 | been convicted of a prior offense under section 3735 |
20 | (relating to homicide by vehicle while driving under |
21 | influence) commits a felony of the third degree. |
22 | Section 2. This act shall take effect in 60 days. |
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