HB 1615 — 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 notice of acceptance of Accelerated Rehabilitative Disposition, for the offense of driving while operating privilege is suspended or revoked and for ignition interlock limited license; in miscellaneous provisions relating to serious traffic offenses, further providing for homicide by vehicle while driving under influence; and, in driving after imbibing alcohol or utilizing drugs, further providing for the offense of driving under influence of alcohol or controlled substance, for grading, for penalties, for ignition interlock, for prior offenses and for Accelerated Rehabilitative Disposition.

PRIOR PRINTER'S NO.

1932 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

1976 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

WILLIAMS, SANCHEZ, RAPP AND PROKOPIAK, JUNE 16, 2025 ASREFERRED REPORTEDTO FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 23,16, 2025 AN ACT Amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in licensing of drivers, further providing for grading, for penalties and for prior offenses;

and Program.hingestablishing the Driving Under the Influence Treatment TheProgram. General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

(2) An individual who violates section 3802(a)(1) where the individual refused testing of breath or chemical testing 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, or who violates section 20250HB1615PN1976 - 2 - 3802(c) or (d) and who has no prior offenses commits a 20250HB1615PN1932 - 2 - misdemeanor for which the individual may be sentenced to a term of imprisonment of not more than six months and to pay a fine under section 3804.

20250HB1615PN1976 - 3 - (i) A misdemeanor of the first degree if the 20250HB1615PN1932 - 3 - individual has no more than one prior offense.

20250HB1615PN1976(b) -Timing.-- 420250HB1615PN1932 - (b)4 Timing.--- (1) For purposes of sections 1553(d.2) (relating to occupational limited license), 1556 (relating to ignition interlock limited license), 3803 (relating to grading), 3804 (relating to penalties) and 3805 (relating to ignition interlock), the prior offense must have occurred:

(i) The defendant has been found guilty of or accepted Accelerated Rehabilitative Disposition of a charge brought under section 3802 within ten years of the 20250HB1615PN1976 - 5 - date of the current offense unless the charge was for an 20250HB1615PN1932 - 5 - ungraded misdemeanor under section 3802(a)(2) and was the defendant's first offense under section 3802.

(ii) Prior to receiving Accelerated Rehabilitative Disposition or other preliminary disposition, the defendant must be evaluated under section 3816(a) (relating to requirements for driving under influence offenders) to determine the extent of the defendant's involvement with alcohol or other drug and to assist the court in determining what conditions of Accelerated Rehabilitative Disposition would benefit the defendant 20250HB1615PN1976 - 6 - and the public.

If the evaluation indicates there is a 20250HB1615PN1932 - 6 - need for counseling or treatment, the defendant shall be subject to a full assessment for alcohol and drug addiction in accordance with the provisions of section 3814(3) and (4) (relating to drug and alcohol assessments).

(vi) The defendant must pay the reasonable costs of 20250HB1615PN1976 - 7 - a municipal corporation in connection with the offense.

20250HB1615PN1932 - 7 - Fees imposed under this subparagraph shall be distributed to the affected municipal corporation.

20250HB1615PN1976 - 8 - (iii) The clinical personnel of a facility licensed 20250HB1615PN1932 - 8 - by the Department of Health for the conduct of drug and alcohol addiction treatment programs.

20250HB1615PN1976 - 9 - (2) For 30 days if the defendant's blood alcohol 20250HB1615PN1932 - 9 - concentration at the time of testing was at least 0.10% but less than 0.16%.

or 20250HB1615PN1976 - 10 - (iii) violates any other condition imposed by the 20250HB1615PN1932 - 10 - court.] Driving Under the Influence Treatment Program.

(b) Evaluation and treatment.-- (1) A defendant sentenced to the Driving Under the Influence Treatment Program for a violation of section 3802 shall, as a condition of participation in the program, be 20250HB1615PN1976 - 11 - subject to the following requirements in addition to any 20250HB1615PN1932 - 11 - other conditions of participation imposed by the court:

Nothing in this subparagraph shall prevent a treatment program from refusing to accept a defendant if the program 20250HB1615PN1976 - 12 - administrator deems the defendant to be inappropriate for 20250HB1615PN1932 - 12 - admission to the program.

(iv) Notwithstanding sections 3803 (relating to grading) and 3804 (relating to penalties) and except as <-- provided in subsection (e), the defendant shall remain subject to court supervision for at least six months, but not more than 12 months.

§§ 3571 (relating to Commonwealth portion of fines, etc.) and 3573 (relating to municipal corporation 20250HB1615PN1976 - 13 - portion of fines, etc.).

20250HB1615PN1932 - 13 - (viii) The defendant shall pay the costs of compliance with subparagraphs (i), (ii) and (iii).

20250HB1615PN1976(c) -Insurance.-- 1420250HB1615PN1932 - (c)14 Insurance.--- (1) This subsection shall only apply to a health insurance, health maintenance organization or other health plan required to provide benefits under section 602-A of the act of May 17, 1921 (P.L.682, No.284), known as The Insurance Company Law of 1921.

(iii) an accident which resulted in bodily injury or 20250HB1615PN1976 - 15 - in damage to a vehicle or other property occurred in 20250HB1615PN1932 - 15 - connection with the events surrounding the current offense;

§ 9771 <-- (relating to modification or revocation of order of probation), upon petition by the Commonwealth or supervising probation department alleging a violation of the terms and conditions of the Driving Under the Influence Treatment Program, the court shall direct the defendant to appear for a hearing to determine whether a violation has occurred.

(iii) The defendant was charged with a new offense and the issuing authority has determined that the Commonwealth has established a prima facie case that an offense has been committed and the defendant has 20250HB1615PN1976 - 16 - committed it.

20250HB1615PN1932 - 16 - (iv) The defendant violated the terms and conditions of the Driving Under the Influence Treatment Program and the violation:

(E) FAILURE TO COMPLY.-- <-- (1) THE COURT SHALL DIRECT THE DEFENDANT TO APPEAR FOR A VIOLATION HEARING IF IT IS ALLEGED THAT THE DEFENDANT:

(I) FAILED TO MEET ANY OF THE REQUIREMENTS OF THIS SECTION;

(II) FAILED TO MEET ANY OTHER CONDITION IMPOSED BY THE COURT;

20250HB1615PN1976 - 17 - (III) HAS BEEN CHARGED WITH A NEW CRIMINAL OFFENSE.

(2) IF THE DEFENDANT IS FOUND IN VIOLATION, THE COURT MAY REMOVE THE DEFENDANT FROM THE DRIVING UNDER THE INFLUENCE TREATMENT PROGRAM AND SENTENCE THE DEFENDANT PURSUANT TO THE APPLICABLE STATUTES OR MAY ALLOW THE DEFENDANT TO CONTINUE PARTICIPATION IN THE PROGRAM.

(3) NOTWITHSTANDING CONTINUED PARTICIPATION IN THE DRIVING UNDER THE INFLUENCE TREATMENT PROGRAM, A DEFENDANT WHO IS FOUND IN VIOLATION OF ANY OF THE CONDITIONS OF PARTICIPATION CONTAINED IN THIS SECTION SHALL NOT BE ELIGIBLE TO HAVE THE DEFENDANT'S CRIMINAL RECORD EXPUNGED.

Code 20250HB1615PN1932 - 17 - Rules 490(c) (relating to procedure for obtaining expungement in summary cases;

(3) If the attorney for the Commonwealth or supervising <-- probation department objects to the expungement after filing a petition under subsection (e), the judge shall hold a hearing on the petition within 30 days.

20250HB1615PN1976 - 18 - (4) (3) Notwithstanding any expungement of the <-- defendant's criminal record pursuant to this subsection, the Department of Transportation shall retain a record of the defendant's conviction and sentence under this section on their official driver history.

(5) (4) The prosecuting attorney and the central <-- repository shall, and the court may, maintain a list of the names and other criminal history record information of persons whose records are required by law or court rule to be expunged where the individual has successfully completed the conditions of the Driving Under the Influence Treatment Program and the court has ordered expungement under this section.

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