SB 453 — An Act amending Titles 42 (Judiciary and Judicial Procedure) and 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in sentencing, further providing for sentence of total confinement; in licensing of drivers, further providing for driving while operating privilege is suspended or revoked and for ignition interlock limited license; and, in driving after imbibing alcohol or utilizing drugs, further providing for ignition interlock.

HOUSE AMENDED PRIOR PRINTER'S NO.

378 THEPRINTER'S GENERALNO. ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.

4531767 2023THE INTRODUCEDGENERAL BYASSEMBLY PHILLIPS-HILL,OF LANGERHOLC,PENNSYLVANIA BREWSTER,SENATE SCHWANK,BILL BARTOLOTTASession AND STEFANO, FEBRUARY 27, 2023 REFERRED TO TRANSPORTATION, FEBRUARY 27, 2023 AN ACT Ame(Vehicles) of theNo. Pennsylvania Consolidated Statutes, in5 sentencing, further providing for sentence of total confinement;

453 2023 INTBARTOLOTTA, STEFANO AND DUSH, FEBRUARY 27, 2023 SCHWANK, AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 24, 2024 AN ACT Amending Titles 42 (Judiciary and Judicial Procedure) and 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in sentencing, further providing for sentence of total confinement;

Nothing in this subsection shall be construed to preclude an otherwise eligible defendant from work release or prevent a judge COURT from sentencing a defendant to county intermediate <-- punishment.

PROBATION, INCLUDING THE RESTRICTIVE CONDITIONS OF <-- PROBATION IMPOSED UNDER SECTION 9763(C).

(ii) A second violation of this paragraph shall constitute a summary offense and, upon conviction of this paragraph, a person shall be sentenced to pay a fine of 20230SB0453PN1767 - 2 - $1,000 and to undergo imprisonment for [not less than] 90 days.

20230SB0453PN0378 - 2 - * * * (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 or [who refuses testing of blood or breath] who refuses testing of breath under section 1547 or chemical testing of blood pursuant to a valid search warrant, court order or any other basis permissible by the Constitution of the United States and the Constitution of Pennsylvania, 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.

THIS SUBPARAGRAPH SHALL NOT <-- APPLY TO A PERSON WHO HAS AN AMOUNT OF MARIJUANA OR ITS METABOLITE IN THE PERSON'S BLOOD AT THE TIME OF TESTING 20230SB0453PN1767 - 3 - AND HOLDS A VALID CERTIFICATE TO USE MEDICAL MARIJUANA, WHO HAS NO AMOUNT OF ALCOHOL BY WEIGHT IN THE PERSON'S BLOOD EQUAL TO OR GREATER THAN .02% AT THE TIME OF TESTING AND WHO HAS NO AMOUNT OF A SCHEDULE I OR NONPRESCRIBED SCHEDULE II OR III CONTROLLED SUBSTANCE, AS DEFINED IN THE CONTROLLED SUBSTANCE, DRUG, DEVICE OR COSMETIC ACT, OR ITS METABOLITE IN THE PERSON'S BLOOD AT THE TIME OF TESTING.

* * * (b) Petition.-- 20230SB0453PN0378 - 3 - (1) An applicant for an ignition interlock limited license shall file a petition with the department, by certified mail, on a form prescribed by the department[, and shall include proof that an approved ignition interlock system, as defined in section 3801, has been installed in one or more motor vehicles that the applicant seeks permission to operate.

UponAS approvalPART ofOF theTHE petition,<-- thePETITION, ignitionTHE interlockAPPLICANT systemSHALL shallBE beRESPONSIBLE installedFOR inSELF- anyCERTIFYING, motorON vehicleA toFORM bePROVIDED operatedBY byTHE theDEPARTMENT, applicant,THE andVEHICLES proofTHE ofAPPLICANT installationOWNS, shallREGISTERS beAND providedINTENDS byTO theOPERATE. ignition interlock device vendor.

Upon approval of the petition, the ignition interlock system shall be installed in any motor vehicle to be operated by the applicant, and proof of installation shall 20230SB0453PN1767 - 4 - be provided by the ignition interlock device vendor.

* * * (h.3) Notice to department.--If a violation under subsection (h.2)(1), (2) or (3) occurs in the two consecutive months prior to the date entered on the certificate, the vendor shall notify the department as to the violation on a form designated by the department, and the department shall notify the person of the violation and that ignition interlock device usage shall 20230SB0453PN0378 - 4 - continue until no violations have occurred within a 60-day period.

20230SB0453PN037820230SB0453PN1767 - 5 -