2023-2024 Regular Session HB 1290 PN 1792 Bill Text (HTM)

PRINTER'S NO. 1792

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1290

Session of

2023

INTRODUCED BY MARSHALL, PISCIOTTANO, CEPEDA-FREYTIZ, GILLEN,

GREEN, HANBIDGE, MALAGARI, MULLINS, NEILSON AND SHUSTERMAN,

JUNE 29, 2023

REFERRED TO COMMITTEE ON TRANSPORTATION, JUNE 29, 2023

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, in licensing of drivers, further providing for

ignition interlock limited license; and, in driving after

imbibing alcohol or utilizing drugs, further providing for

penalties, for ignition interlock and for Accelerated

Rehabilitative Disposition.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 1556(f) and (g) of Title 75 of the

Pennsylvania Consolidated Statutes are amended to read:

§ 1556. Ignition interlock limited license.

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(f) Suspension eligibility.--The following shall apply:

(1) An individual whose license has been suspended under

section 1547(b), 3804(e) (relating to penalties) or 3807(d)

(relating to Accelerated Rehabilitative Disposition) shall be

eligible to apply immediately for and, if otherwise

qualified, be issued an ignition interlock limited license

under this section if the individual[:

(i) has served six months of the suspension imposed

under section 1547(b)(1)(i); or

(ii) has served nine months of the suspension

imposed under section 1547(b)(1)(ii).

(2) An individual whose license has been suspended under

section 3804(e) (relating to penalties) shall be eligible to

apply for and, if otherwise qualified, be issued an ignition

interlock limited license under this section if the

individual:

(i) has not had a prior offense, as defined under

section 3806 (relating to prior offenses). The individual

shall be immediately eligible for a suspension imposed

under section 3804(e)(2)(i);

(ii) has served six months of the suspension imposed

under section 3804(e)(2)(i); or

(iii) has served nine months of the suspension

imposed under section 3804(e)(2)(ii).

(3) An individual whose license has been suspended under

section 3807(d) (relating to Accelerated Rehabilitative

Disposition) shall be eligible, but not required, to apply

for and, if otherwise qualified, be issued an ignition

interlock limited license under this section for the duration

of the suspension] has not had an ignition interlock limited

license recalled under subsection (i)(2).

(g) Duration.--An individual may hold a valid ignition

interlock limited license under this section for the duration of

the individual's suspension period and mandatory period of

ignition interlock usage imposed under section 3805 arising from

the same incident.

* * *

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Section 2. Section 3804(e)(2) of Title 75, amended July 11,

2022 (P.L.717, No.59), is amended to read:

§ 3804. Penalties.

* * *

(e) Suspension of operating privileges upon conviction.--

* * *

(2) Suspension under paragraph (1) shall be in

accordance with the following:

(i) Except as provided for in subparagraph (iii), 12

months for an ungraded misdemeanor or misdemeanor of the

second degree under this chapter.

(ii) [18] Eighteen months for a misdemeanor of the

first degree or felony of the second or third degree

under this chapter.

(iii) [There shall be no suspension] Six months for

an ungraded misdemeanor under section 3802(a) where the

person is subject to the penalties provided in subsection

(a) and the person has no prior offense.

(iv) For suspensions imposed under paragraph (1)

(ii), notwithstanding any provision of law or enforcement

agreement to the contrary, all of the following apply:

(A) Suspensions shall be in accordance with

Subchapter D of Chapter 15 (relating to the Driver's

License Compact).

(B) In calculating the term of a suspension for

an offense that is substantially similar to an

offense enumerated in section 3802, the department

shall presume that if the conduct reported had

occurred in this Commonwealth then the person would

have been convicted under section 3802(a)(2).

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(v) Notwithstanding any other provision of law or

enforcement agreement to the contrary, the department

shall suspend the operating privilege of a driver for six

months upon receiving a certified record of a consent

decree granted under 42 Pa.C.S. Ch. 63 (relating to

juvenile matters) based on section 3802.

* * *

Section 3. Section 3805(a), (a.1) and (h.2) introductory

paragraph of Title 75 are amended to read:

§ 3805. Ignition interlock.

(a) General rule.--[Except as provided under subsection

(a.1), if] If a person violates section 3802 (relating to

driving under influence of alcohol or controlled substance) or

has had their operating privileges suspended pursuant to section

1547 (relating to chemical testing to determine amount of

alcohol or controlled substance) or 3808(c) (relating to

illegally operating a motor vehicle not equipped with ignition

interlock) and the person seeks a restoration of operating

privileges, the department shall require as a condition of

issuing a restricted license pursuant to this section that the

following occur:

(1) Any motor vehicle to be operated by the individual

has been equipped with an ignition interlock system and

remains so for the duration of the restricted license period.

(2) If there are no motor vehicles owned or to be

operated by the person or registered to the person that the

person so certify to the department in accordance with the

department's regulations.

[(a.1) Exception.--Subsection (a) shall not apply to an

individual who meets all of the following:

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(1) Is subject to the penalties under section 3804(a)(1)

(relating to penalties) or subject to mandatory suspension of

operating privilege under section 3807(d) (relating to

Accelerated Rehabilitative Disposition).

(2) Has not had a prior offense, as defined under

section 3806 (relating to prior offenses).]

* * *

(h.2) Declaration of compliance.--Restrictions imposed under

section 1556 (relating to ignition interlock limited license)

shall remain in effect until the department receives a

declaration from the person's ignition interlock device vendor,

in a form provided or approved by the department, certifying

that the following incidents have not occurred in the two

consecutive months prior to the date entered on the certificate,

and for the purposes of a suspension imposed under section

3807(d)(2) (relating to Accelerated Rehabilitative Disposition),

the person's ignition interlock device vendor shall certify the

following incidents have not occurred in the prior 30 days

entered on the certificate:

* * *

Section 4. Section 3807(d) of Title 75 is amended and the

section is amended by adding a subsection to read:

§ 3807. Accelerated Rehabilitative Disposition.

* * *

(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

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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;

(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.] for 12 months.

(d.1) Requirement for ignition interlock limited license.--

As a condition of Accelerated Rehabilitative Disposition, the

court shall order the defendant to apply for an ignition

interlock limited license. If the department receives the

defendant's application with a copy of the order and determines

that the defendant is otherwise qualified, the department shall

issue an ignition interlock limited license for the duration of

the defendant's suspension.

* * *

Section 5. This act shall take effect in 60 days.

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