Bill Text: PA SB765 | 2009-2010 | Regular Session | Introduced

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Bill Title: Further providing for driving while operating privilege is suspended or revoked.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2009-07-06 - Re-referred to APPROPRIATIONS [SB765 Detail]

Download: Pennsylvania-2009-SB765-Introduced.html

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PRINTER'S NO. 861
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 765 Session of2009
INTRODUCED BY FONTANA, RAFFERTY, BAKER, COSTA, ERICKSON, STACK, TARTAGLIONE, ORIE, HUGHES, LOGAN, WASHINGTON, WAUGH, WONDERLING, O'PAKE, VANCE, PIPPY, ALLOWAY AND STOUT, APRIL 3, 2009
REFERRED TO TRANSPORTATION, APRIL 3, 2009
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, further providing for driving while operating
privilege is suspended or revoked.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1543(b)(1.1) of Title 75 of the
Pennsylvania Consolidated Statutes is amended and the subsection
is amended by adding a paragraph to read:
§ 1543. Driving while operating privilege is suspended or
revoked.
* * *
(b) Certain offenses.--
* * *
(1.1) Except as set forth in paragraph (1.2), the
following apply:
(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
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.
(1.2) Notwithstanding paragraph (1.1), the following
apply:
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(i) A person who, 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 section 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, drives a motor vehicle on any highway or trafficway
of this Commonwealth in violation of section 3802 or with
any amount of a Schedule I or nonprescribed Schedule II
or III controlled substance, as defined in The Controlled
Substance, Drug, Device and Cosmetic Act, or its
metabolite, in the person's blood 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
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.
* * *
Section 2. This act shall take effect in 60 days.
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