SB 16 — An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in licensing of drivers, providing for automatic suspension and additional penalties.

PRIOR PRINTER'S NO.

592 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.

204116 THE2017 GENERALINTRODUCED ASSEMBLYBY OFBLAKE, PENNSYLVANIAFONTANA, SENATECOSTA, BILLSCHWANK, SessionHUGHES, RAFFERTY, BOSCOLA, WARD AND HAYWOOD, MARCH 24, 2017 REFERRED TO TRANSPORTATION, MARCH 24, 2017 AN ACT Amending Title 75 (Vehicles) of No.the Pennsylvania Consolidated Statutes, in driving after imbibing alcohol or utilizing drugs, providing for immediate suspension of operating privilege.

16 2017 INTRODUCED BY BLAKE, FONTANA, COSTA, SCHWANK, HUGHES, RAFFERTY, BOSCOLA, WARD AND HAYWOOD, MARCH 24, 2017 SENATOR RAFFERTY, TRANSPORTATION, AS AMENDED, SEPTEMBER 26, 2018 AN ACT AmeStatutes, in driving after imbibing alcohol or utilizinged <-- drugs, providing for immediate suspension of operating privilege.

IN LICENSING OF DRIVERS, PROVIDING FOR AUTOMATIC <-- SUSPENSION AND ADDITIONAL PENALTIES.

<-- (a) Mandatory suspension.--Notwithstanding any other provision under this chapter to the contrary and in addition to other penalties provided under law, the department shall immediately suspend the operating privilege of an individual who has violated section 3802 (relating to driving under influence of alcohol or controlled substance) if:

§ 1547.1.

AUTOMATIC SUSPENSION AND ADDITIONAL PENALTIES.

<-- (A) GENERAL RULE.--ANY DRIVER WHO OPERATES OR IS IN ACTUAL PHYSICAL CONTROL OF THE MOVEMENT OF A VEHICLE IN THIS COMMONWEALTH SHALL BE DEEMED TO HAVE GIVEN CONSENT TO AN AUTOMATIC SUSPENSION OF DRIVING PRIVILEGES IF A CRIMINAL COMPLAINT HAS BEEN FILED AGAINST THE DRIVER AND A PRELIMINARY ARRAIGNMENT HAS OCCURRED FOR A VIOLATION OF THE FOLLOWING:

(1) SECTION 3735 (RELATING TO HOMICIDE BY VEHICLE WHILE DRIVING UNDER INFLUENCE).

(2) SECTION 3735.1 (RELATING TO AGGRAVATED ASSAULT BY VEHICLE WHILE DRIVING UNDER THE INFLUENCE).

(B) PERIOD OF SUSPENSION.--THE FOLLOWING APPLY:

(1) THE DEPARTMENT SHALL SUSPEND THE OPERATING PRIVILEGE OF A DRIVER UNDER SUBSECTION (A) AS FOLLOWS:

20170SB0016PN2041 - 2 - (I) EXCEPT AS SET FORTH IN SUBPARAGRAPH (II), FOR A PERIOD OF 12 MONTHS.

(II) FOR A PERIOD OF 18 MONTHS IF ANY OF THE FOLLOWING APPLY:

(A) THE DRIVER'S OPERATING PRIVILEGES HAVE PREVIOUSLY BEEN SUSPENDED UNDER THIS SECTION.

(B) THE DRIVER HAS, PRIOR TO THE FILING OF A COMPLAINT AND THE COMPLETION OF A PRELIMINARY ARRAIGNMENT FOR AN OFFENSE LISTED UNDER SUBSECTION (A), BEEN SENTENCED FOR ANY OF THE FOLLOWING:

(I) AN OFFENSE UNDER SECTION 3802 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE);

(II) AN OFFENSE UNDER FORMER SECTION 3731 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE);

OR (III) AN EQUIVALENT TO AN OFFENSE UNDER SUBCLAUSE (I) OR (II).

(2) A SUSPENSION IMPOSED PURSUANT TO THIS SECTION SHALL COUNT AS CREDIT TOWARDS ANY SUSPENSION IMPOSED FOR A CONVICTION UNDER EITHER OF THE FOLLOWING:

(I) SECTION 3735.

(II) SECTION 3735.1.

(C) NOTICE AND RIGHT TO APPEAL.--THE FOLLOWING APPLY:

(1) IT SHALL BE THE DUTY OF THE ISSUING AUTHORITY NAMED IN THE CITATION TO INFORM THE DRIVER THAT THE DRIVER'S OPERATING PRIVILEGE WILL BE SUSPENDED UPON THE FILING OF A CRIMINAL COMPLAINT AND COMPLETION OF A PRELIMINARY ARRAIGNMENT FOR AN OFFENSE LISTED UNDER SUBSECTION (A) AND THAT THE DRIVER WILL BE SUBJECT TO A RESTORATION FEE OF UP TO 20170SB0016PN2041 - 3 - $2,000.

(2) ANY DRIVER WHOSE OPERATING PRIVILEGE IS SUSPENDED UNDER THE PROVISIONS OF THIS SECTION SHALL HAVE THE SAME RIGHT OF APPEAL AS PROVIDED FOR UNDER SECTION 1550 (RELATING TO JUDICIAL REVIEW).

(D) IGNITION INTERLOCK.--NOTWITHSTANDING SECTION 3805(C) (RELATING TO IGNITION INTERLOCK), IF A DRIVER RECEIVES A SUSPENSION PURSUANT TO THIS SECTION WHO, AT THE TIME OF THE OFFENSE, WAS REQUIRED TO COMPLY WITH THE PROVISIONS OF SECTION 3805 PRIOR TO OBTAINING A REPLACEMENT LICENSE UNDER SECTION 1951(D) (RELATING TO DRIVER'S LICENSE AND LEARNER'S PERMIT) AND IS DRIVING A VEHICLE AT THE TIME OF OFFENSE THAT DOES NOT CONTAIN AN IGNITION INTERLOCK RESTRICTION OR IGNITION INTERLOCK LIMITATION, THE SUSPENSION IMPOSED UNDER THIS SECTION SHALL RESULT IN THE RECALL OF ANY IGNITION INTERLOCK RESTRICTED LICENSE PREVIOUSLY ISSUED AND THE DRIVER SHALL SURRENDER THE IGNITION INTERLOCK RESTRICTED LICENSE OR IGNITION INTERLOCK LIMITED LICENSE TO THE DEPARTMENT.

PRIOR TO THE ISSUANCE OF A REPLACEMENT LICENSE UNDER SECTION 1951(D) THAT DOES NOT CONTAIN AN IGNITION INTERLOCK RESTRICTION OR IGNITION INTERLOCK LIMITATION, THE DEPARTMENT SHALL REQUIRE THAT THE DRIVER COMPLY WITH THE PROVISIONS OF SECTION 3805.

(E) RESTORATION FEES.-- (1) A DRIVER WHOSE OPERATING PRIVILEGE HAS BEEN SUSPENDED IN ACCORDANCE WITH SUBSECTION (B) OR (C) SHALL:

(I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OR (III), PAY A RESTORATION FEE OF $500.

(II) IF THE DEPARTMENT HAS PREVIOUSLY SUSPENDED THE DRIVER'S OPERATING PRIVILEGE UNDER THIS SECTION OR SECTION 1547 (RELATING TO CHEMICAL TESTING TO DETERMINE 20170SB0016PN2041 - 4 - AMOUNT OF ALCOHOL OR CONTROLLED SUBSTANCE) ON ONE OCCASION, PAY A RESTORATION FEE OF $1,000.

(III) IF THE DEPARTMENT HAS PREVIOUSLY SUSPENDED THE DRIVER'S OPERATING PRIVILEGE UNDER THIS SECTION OR SECTION 1547 ON TWO OR MORE OCCASIONS, PAY A RESTORATION FEE OF $2,000.

(2) ALL RESTORATION FEES IMPOSED UNDER THIS SECTION MUST BE PAID PRIOR TO THE REINSTATEMENT OF AN INDIVIDUAL'S UNRESTRICTED OPERATING PRIVILEGE OR IN ACCORDANCE WITH SECTION 1556(B)(3) (RELATING TO IGNITION INTERLOCK LIMITED LICENSE) OR BEFORE A RESTRICTED LICENSE IS ISSUED IN ACCORDANCE WITH SECTION 3805.

20170SB0016PN204120170SB0016PN0592 - 52 -