Pennsylvania 2025-2026 Regular Session Status: In Committee Bipartisan · 12 R · 7 D cosponsors

HB 2392 — An Act amending Titles 30 (Fish), 42 (Judiciary and Judicial Procedure) and 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in operation of boats, further providing for the offense of operating watercraft under influence of alcohol or controlled substance; in sentencing, further providing for conditions of probation; and, in driving after imbibing alcohol or utilizing drugs, further providing for grading and for penalties.

Last action — Re-committed to Rules

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill is in committee in the House. Introduced April 16, 2026. It must pass committee before a floor vote.

Next likely step: a committee vote, then a floor vote in the House.

Odds of enactment

Low chance

Based on the sponsor, cosponsors, and committee posture, this bill has a low chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 62% · high confidence

  • In Committee

    Current position in the legislative process.

  • 19 sponsors

    1 primary, 18 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (12 R · 7 D) — cross-party backing.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

In plain language

This bill updates laws on operating boats and driving under the influence of alcohol or drugs.

The bill amends existing statutes related to operating watercraft while impaired and outlines sentencing rules. It specifically addresses offenses related to alcohol and controlled substances.

What this means for you
  • Families: This means families may face safer recreational boating and driving environments.

Bill Text

What changed in the latest version

408 added · 234 removed

Plain-language change summary

The latest version of Bill HB 2392 makes several updates to existing laws regarding boating under the influence of alcohol or controlled substances. Notably, it broadens the scope by amending related statutes on probation conditions and penalties for driving after using alcohol or drugs. These changes aim to enhance public safety on waterways by ensuring stricter penalties and clearer guidelines for offenders, which is important for preventing incidents and promoting responsible boating.

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PRINTER'S NO.
PRIOR PRINTER'S NO.
3212 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.
3212 PRINTER'S NO.
2392 2026 INTRODUCED BY BENNINGHOFF, ARMANINI, COOK, FEE, FLICK, HANBIDGE, HARKINS, HOHENSTEIN, KULIK, KUZMA, LEADBETER, McNEILL, MERSKI, NEILSON, OLSOMMER, PICKETT, SMITH AND STENDER, APRIL 15, 2026 REFERRED TO COMMITTEE ON JUDICIARY, APRIL 16, 2026 AN ACT Amending Title 30 (Fish) of the Pennsylvania Consolidated Statutes, in operation of boats, further providing for the offense of operating watercraft under influence of alcohol or controlled substance.
3546 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
2392 2026 INTRODUCED BY BENNINGHOFF, ARMANINI, COOK, FEE, FLICK, HANBIDGE, MERSKI, NEILSON, OLSOMMER, PICKETT, SMITH, STENDER AND MENTZER, APRIL 15, 2026 AS REPRESENTATIVES, AS AMENDED, JUNE 8, 2026SE OF AN ACT Amending Title TITLES 30 (Fish), 42 (JUDICIARY AND JUDICIAL <-- PROCEDURE) AND 75 (VEHICLES) of the Pennsylvania Consolidated Statutes, in operation of boats, further providing for the offense of operating watercraft under influence of alcohol or controlled substance.;
IN SENTENCING, FURTHER PROVIDING FOR <-- CONDITIONS OF PROBATION;
AND, IN DRIVING AFTER IMBIBING FOR PENALTIES.LIZING DRUGS, FURTHER PROVIDING FOR GRADING AND The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Section 5502(a.5) introductory paragraph, (c) and (c.1)(1)(ii) and (iii), (2)(ii), (iii) and (iv), (3) introductory paragraph, (ii) and (iii) and (5)(ii) introductory paragraph and (iii) of Title 30 of the Pennsylvania Consolidated Statutes are amended and the section is amended by adding a subsection to read:
Section 5502(a.5) introductory paragraph, (c) and <-- (c.1)(1)(ii) and (iii), (2)(ii), (iii) and (iv), (3) introductory paragraph, (ii) and (iii) and (5)(ii) introductory paragraph and (iii) of Title 30 of the Pennsylvania Consolidated Statutes are amended and the section is amended by adding a subsection to read:
SECTION 1.
SECTION 5502(A.5) INTRODUCTORY PARAGRAPH, (C), <-- (C.1)(1)(II) AND (III), (2)(II), (III) AND (IV), (3) INTRODUCTORY PARAGRAPH, (II) AND (III) AND (5)(II) INTRODUCTORY PARAGRAPH AND (III), (D) AND (N) OF TITLE 30 OF THE PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED AND THE SECTION IS AMENDED BY ADDING SUBSECTIONS TO READ:
(3) Nothing in this section shall be construed as limiting the introduction of any other competent evidence bearing upon the question of whether the defendant has, within the last 10 years, completed an Accelerated Rehabilitative Disposition program or a pretrial diversion program substantially similar to Accelerated Rehabilitative Disposition in another jurisdiction for an offense under this section or a substantially similar offense in another jurisdiction.
(3) Nothing in this section shall be construed as limiting the introduction of any other competent evidence 20260HB2392PN3546 - 2 - bearing upon the question of whether the defendant has, within the last 10 years, completed an Accelerated Rehabilitative Disposition program or a pretrial diversion program substantially similar to Accelerated Rehabilitative Disposition in another jurisdiction for an offense under this section or a substantially similar offense in another jurisdiction.
[(a.5)] (a.6) Exception to two-hour rule.--Notwithstanding the provisions of subsection (a), (a.1), (a.2) [or], (a.4) or 20260HB2392PN3212 - 2 - (a.5) where alcohol or controlled substance concentration in an individual's blood or breath is an element of the offense, evidence of such alcohol or controlled substance concentration more than two hours after the individual has operated or been in actual physical control of the movement of the watercraft is sufficient to establish that element of the offense under the following circumstances:
[(a.5)] (a.6) Exception to two-hour rule.--Notwithstanding the provisions of subsection (a), (a.1), (a.2) [or], (a.4) or (a.5) where alcohol or controlled substance concentration in an individual's blood or breath is an element of the offense, evidence of such alcohol or controlled substance concentration more than two hours after the individual has operated or been in actual physical control of the movement of the watercraft is sufficient to establish that element of the offense under the following circumstances:
(iii) An individual who violates this section and has three or more prior offenses or has previously been convicted of a violation of section 5502.1 (relating to homicide by watercraft while operating under influence) commits a felony of the third degree.
(iii) An individual who violates this section and 20260HB2392PN3546 - 3 - has three or more prior offenses or has previously been convicted of a violation of section 5502.1 (relating to homicide by watercraft while operating under influence) commits a felony of the third degree.
(2) (i) An individual who violates subsection (a)(1) 20260HB2392PN3212 - 3 - where there was an accident resulting in bodily injury, serious bodily injury or death of any individual or in damage to a watercraft or other property and who has no more than one prior offense commits a misdemeanor for which the individual may be sentenced to a term of imprisonment for not more than six months and to pay a fine under subsection (c.1).
(2) (i) An individual who violates subsection (a)(1) where there was an accident resulting in bodily injury, serious bodily injury or death of any individual or in damage to a watercraft or other property and who has no more than one prior offense commits a misdemeanor for which the individual may be sentenced to a term of imprisonment for not more than six months and to pay a fine under subsection (c.1).
(iv) An individual who violates subsection (a.2) or (a.3) and who has no prior offenses commits a misdemeanor for which the individual may be sentenced to a term of imprisonment for not more than six months and to pay a fine under subsection (c.1).
20260HB2392PN3546 - 4 - (iv) An individual who violates subsection (a.2) or (a.3) and who has no prior offenses commits a misdemeanor for which the individual may be sentenced to a term of imprisonment for not more than six months and to pay a fine under subsection (c.1).
(v) An individual who violates subsection (a)(1) where there was an accident resulting in bodily injury, serious bodily injury or death of any individual or in damage to a watercraft or other property and who has 20260HB2392PN3212 - 4 - [more than one prior offense] two prior offenses or has one prior offense under subsection (a.5) commits a misdemeanor of the first degree.
(v) An individual who violates subsection (a)(1) where there was an accident resulting in bodily injury, serious bodily injury or death of any individual or in damage to a watercraft or other property and who has [more than one prior offense] two prior offenses or has one prior offense under subsection (a.5) commits a misdemeanor of the first degree.
(D) A felony of the second degree if the individual has three or more prior offenses.
(D) A felony of the second degree if the 20260HB2392PN3546 - 5 - individual has three or more prior offenses.
[(viii) An individual who violates subsection (a.2) or (a.3) and who has one or more prior offenses commits a misdemeanor of the first degree.] (ix) An individual who violates this section when a minor under 18 years of age was a passenger in the 20260HB2392PN3212 - 5 - watercraft when the violation occurred commits [a misdemeanor of the first degree.]:
[(viii) An individual who violates subsection (a.2) or (a.3) and who has one or more prior offenses commits a misdemeanor of the first degree.] (ix) An individual who violates this section when a minor under 18 years of age was a passenger in the watercraft when the violation occurred commits [a misdemeanor of the first degree.]:
* * * (ii) For a second offense or a first offense for a violation of subsection (a.5), to undergo imprisonment for not less than five days and to pay a fine of not less than $300 nor more than $2,500 and successfully complete an approved boating safety course.
* * * 20260HB2392PN3546 - 6 - (ii) For a second offense or a first offense for a violation of subsection (a.5) WITH AN UNDERLYING <-- VIOLATION OF AN OFFENSE ENUMERATED IN THIS SUBSECTION, to undergo imprisonment for not less than five days and to pay a fine of not less than $300 nor more than $2,500 and successfully complete an approved boating safety course.
(iii) For a third or subsequent offense or a second or subsequent offense following a conviction for violating subsection (a.5), to undergo imprisonment for not less than ten days and to pay a fine of not less than 20260HB2392PN3212 - 6 - $500 nor more than $5,000 and successfully complete an approved boating safety course.
(iii) For a third or subsequent offense or a second or subsequent offense following a conviction for violating subsection (a.5) WITH AN UNDERLYING VIOLATION <-- OF AN OFFENSE ENUMERATED IN THIS SUBSECTION, to undergo imprisonment for not less than ten days and to pay a fine of not less than $500 nor more than $5,000 and successfully complete an approved boating safety course.
* * * (ii) For a second offense or a first offense for a violation of subsection (a.5), to undergo imprisonment for not less than 30 days and to pay a fine of not less than $750 nor more than $5,000 and successfully complete an approved boating safety course.
* * * (ii) For a second offense or a first offense for a violation of subsection (a.5) WITH AN UNDERLYING <-- VIOLATION OF AN OFFENSE ENUMERATED IN THIS SUBSECTION, to undergo imprisonment for not less than 30 days and to pay a fine of not less than $750 nor more than $5,000 and successfully complete an approved boating safety course.
(iii) For a third offense or a second or subsequent offense following a conviction for violating subsection (a.5), to undergo imprisonment for not less than 90 days and to pay a fine of not less than $1,500 nor more than $10,000 and successfully complete an approved boating safety course.
(iii) For a third offense or a second or subsequent offense following a conviction for violating subsection (a.5) WITH AN UNDERLYING VIOLATION OF AN OFFENSE <-- ENUMERATED IN THIS SUBSECTION, to undergo imprisonment 20260HB2392PN3546 - 7 - for not less than 90 days and to pay a fine of not less than $1,500 nor more than $10,000 and successfully complete an approved boating safety course.
(iv) For a fourth or subsequent offense or a third or subsequent offense following a conviction for violating subsection (a.5), to undergo imprisonment for not less than one year and to pay a fine of not less than $1,500 nor more than $10,000 and successfully complete an approved boating safety course.
(iv) For a fourth or subsequent offense or a third or subsequent offense following a conviction for violating subsection (a.5) WITH AN UNDERLYING VIOLATION <-- OF AN OFFENSE ENUMERATED IN THIS SUBSECTION, to undergo imprisonment for not less than one year and to pay a fine of not less than $1,500 nor more than $10,000 and successfully complete an approved boating safety course.
(3) Except as set forth in paragraph (4), an individual who violates subsection (a)(1) and refused testing of [blood or] breath under section 5125 or chemical testing of blood pursuant to a valid search warrant or an individual who 20260HB2392PN3212 - 7 - violates subsection (a.2) or (a.3) shall be sentenced as follows:
(3) Except as set forth in paragraph (4), an individual who violates subsection (a)(1) and refused testing of [blood or] breath under section 5125 or chemical testing of blood pursuant to a valid search warrant or an individual who violates subsection (a.2) or (a.3) shall be sentenced as follows:
* * * (ii) For a second offense or a first offense for a violation of subsection (a.5), to undergo imprisonment for not less than 90 days and to pay a fine of not less than $1,500 and successfully complete an approved boating safety course.
* * * (ii) For a second offense or a first offense for a violation of subsection (a.5) WITH AN UNDERLYING <-- VIOLATION OF AN OFFENSE ENUMERATED IN THIS SUBSECTION, to undergo imprisonment for not less than 90 days and to pay a fine of not less than $1,500 and successfully complete an approved boating safety course.
(iii) For a third or subsequent offense or a second or subsequent offense following a conviction for violating subsection (a.5), to undergo imprisonment for not less than one year and to pay a fine of not less than $2,500 and successfully complete an approved boating safety course.
(iii) For a third or subsequent offense or a second or subsequent offense following a conviction for violating subsection (a.5) WITH AN UNDERLYING VIOLATION <-- OF AN OFFENSE ENUMERATED IN THIS SUBSECTION, to undergo imprisonment for not less than one year and to pay a fine of not less than $2,500 and successfully complete an approved boating safety course.
* * * (5) An individual who violates this section when a minor under 18 years of age was a passenger in the watercraft when the violation occurred, in addition to any penalty imposed under this section, shall be sentenced as follows:
20260HB2392PN3546 - 8 - * * * (5) An individual who violates this section when a minor under 18 years of age was a passenger in the watercraft when the violation occurred, in addition to any penalty imposed under this section, shall be sentenced as follows:
* * * (ii) For a second offense or a first offense for a violation of subsection (a.5):
* * * (ii) For a second offense or a first offense for a violation of subsection (a.5) WITH AN UNDERLYING <-- VIOLATION OF AN OFFENSE ENUMERATED IN THIS SUBSECTION:
* * * (iii) For a third or subsequent offense or a second or subsequent offense following a conviction for violating subsection (a.5), undergo imprisonment for not less than six months nor more than two years.
* * * (iii) For a third or subsequent offense or a second or subsequent offense following a conviction for violating subsection (a.5) WITH AN UNDERLYING VIOLATION <-- OF AN OFFENSE ENUMERATED IN THIS SUBSECTION, undergo imprisonment for not less than six months nor more than two years.
* * * Section 2.
* * * <-- (D) [SUBSEQUENT CONVICTION.--ACCEPTANCE OF ACCELERATED <-- REHABILITATIVE DISPOSITION, AN ADJUDICATION OF DELINQUENCY OR A CONSENT DECREE UNDER 42 PA.C.S.
CH.
63 OR ANY OTHER FORM OF PRELIMINARY DISPOSITION OF ANY CHARGE BROUGHT UNDER THIS SECTION OR A CONVICTION OR GUILTY PLEA UNDER 75 PA.C.S.
§ 3802 SHALL BE CONSIDERED A FIRST CONVICTION FOR THE PURPOSE OF COMPUTING WHETHER A SUBSEQUENT CONVICTION OF A VIOLATION OF THIS SECTION SHALL BE CONSIDERED A SECOND, THIRD OR SUBSEQUENT CONVICTION.] PRIOR OFFENSES.--THE FOLLOWING SHALL APPLY TO PRIOR OFFENSES:
(1) FOR THE PURPOSES OF SUBSECTIONS (C) AND (C.1), THE PRIOR OFFENSE MUST HAVE OCCURRED IN ONE OF THE FOLLOWING:
(I) WITHIN 10 YEARS PRIOR TO THE DATE OF THE OFFENSE FOR WHICH THE DEFENDANT IS BEING SENTENCED.
20260HB2392PN3546 - 9 - (II) ON OR AFTER THE DATE OF THE OFFENSE FOR WHICH THE DEFENDANT IS BEING SENTENCED.
(2) THE COURT SHALL CALCULATE THE NUMBER OF PRIOR OFFENSES, IF ANY, AT THE TIME OF SENTENCING.
(3) IF THE DEFENDANT IS SENTENCED FOR TWO OR MORE OFFENSES IN THE SAME DAY, THE OFFENSES SHALL BE CONSIDERED PRIOR OFFENSES WITHIN THE MEANING OF THIS SUBSECTION.
(4) IF THE COMPLETION DATE OF THE ACCELERATED REHABILITATIVE DISPOSITION PROGRAM OR A PRETRIAL DIVERSION PROGRAM SUBSTANTIALLY SIMILAR TO ACCELERATED REHABILITATIVE DISPOSITION IN ANOTHER JURISDICTION FOR AN OFFENSE UNDER THIS SECTION OR A SUBSTANTIALLY SIMILAR OFFENSE IN ANOTHER JURISDICTION IS MORE THAN 10 YEARS PRIOR TO THE DATE OF THE OFFENSE FOR WHICH THE DEFENDANT IS BEING SENTENCED, A PRIOR CONVICTION FOR A VIOLATION OF SUBSECTION (A.5) SHALL BE TREATED AS A PRIOR OFFENSE FOR THE VIOLATION OF SUBSECTION (A), (A.1), (A.2), (A.3) OR (A.4).
* * * (H.1) ACCELERATED REHABILITATIVE DISPOSITION.-- (1) BEFORE A DEFENDANT MAY ACCEPT ACCELERATED REHABILITATIVE DISPOSITION FOR A CHARGE BROUGHT UNDER THIS SECTION, THE COURT SHALL CONDUCT AN INQUIRY ON THE RECORD TO ENSURE THAT THE DEFENDANT'S ACCEPTANCE INTO ACCELERATED REHABILITATIVE DISPOSITION AND WAIVER OF APPLICABLE CONSTITUTIONAL RIGHTS IS MADE KNOWINGLY, VOLUNTARILY AND INTELLIGENTLY.
(2) IF A DEFENDANT FAILS TO COMPLETE AN ACCELERATED REHABILITATIVE DISPOSITION OR OTHER FORM OF PRELIMINARY DISPOSITION AND IS BROUGHT TO TRIAL FOR THE CHARGED OFFENSE, ANY WAIVER OR ACKNOWLEDGMENT OFFERED OR REQUIRED UNDER THIS 20260HB2392PN3546 - 10 - SECTION SHALL BE OF NO EFFECT AND SHALL NOT BE USED AGAINST THE DEFENDANT.
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NO STATEMENT PRESENTED BY THE DEFENDANT SHALL BE USED AGAINST THE DEFENDANT FOR ANY PURPOSE IN A CRIMINAL PROCEEDING EXCEPT A PROSECUTION BASED ON THE FALSITY OF THE INFORMATION OR STATEMENT SUPPLIED.
(H.2) RECORD RETENTION.-- (1) UPON A DEFENDANT'S SUCCESSFUL COMPLETION OF THE PROGRAM PROVIDED FOR IN THIS SECTION, THE COURT SHALL ISSUE AN ORDER EVIDENCING THE COMPLETION OF THE PROGRAM.
(2) NOTWITHSTANDING ANY ORDER OF EXPUNGEMENT, THE CLERK OF COURTS SHALL RETAIN A CERTIFIED COPY OF THE COURT ORDER EVIDENCING A DEFENDANT HAS SUCCESSFULLY COMPLETED THE PROGRAM PROVIDED FOR IN THIS SECTION IN ACCORDANCE WITH 18 PA.C.S.
§ 9122(C) (RELATING TO EXPUNGEMENT).
THE FOLLOWING SHALL APPLY:
(I) THE ORDER SHALL BE MAINTAINED FOR 12 YEARS FOLLOWING THE DATE OF THE ENTRY OF THE ORDER.
(II) THE ORDER SHALL NOT BE SUBJECT TO PUBLIC INSPECTION OR DUPLICATION AND SHALL BE USED SOLELY FOR THE PURPOSE OF FUTURE PROSECUTIONS UNDER SUBSECTION (A.5).
(III) A CLERK OF COURTS SHALL PROVIDE A CERTIFIED COPY OF THE ORDER TO ANY PROSECUTING ATTORNEY, COURT OR LAW ENFORCEMENT AGENCY UPON REQUEST.
(3) IMMEDIATELY FOLLOWING THE EXPIRATION OF 12 YEARS FOLLOWING THE ENTRY OF THE ORDER EVIDENCING COMPLETION OF THE PROGRAM, THE CLERK OF COURTS SHALL EXPUNGE THE RECORD OF THE COMPLETION OF ACCELERATED REHABILITATIVE DISPOSITION.
THE CLERK OF COURTS SHALL NOT REQUIRE AN ORDER OF COURT TO EXPUNGE THE RECORD.
* * * 20260HB2392PN3546 - 11 - (N) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SUBSECTION:
"ADULT." AN INDIVIDUAL 21 YEARS OF AGE OR OLDER.
"MINOR." AN INDIVIDUAL UNDER 21 YEARS OF AGE.
"PRIOR OFFENSE." EXCEPT AS PROVIDED UNDER SUBSECTION (D), A CONVICTION THAT HAS BEEN IMPOSED, ADJUDICATED OR OTHERWISE PRELIMINARILY DISPOSED BEFORE SENTENCING FOR A VIOLATION OF ANY OF THE FOLLOWING:
(1) AN OFFENSE UNDER SUBSECTION (A), (A.1), (A.2), (A.3), (A.4) OR (A.5).
(2) AN OFFENSE UNDER 75 PA.C.S.
§ 3802.
(3) AN OFFENSE SUBSTANTIALLY SIMILAR TO AN OFFENSE UNDER PARAGRAPH (1) OR (2) IN ANOTHER JURISDICTION.
(4) A COMBINATION OF THE OFFENSES SPECIFIED IN PARAGRAPH (1), (2) OR (3).
SECTION 2.
SECTION 9763 OF TITLE 42 IS AMENDED BY ADDING A SUBSECTION TO READ:
§ 9763.
CONDITIONS OF PROBATION.
* * * (E) RESTRICTIVE PROBATION CONDITIONS.--A PERSON WHO RECEIVES A PENALTY IMPOSED UNDER 30 PA.C.S.
§ 5502(C.1) (RELATING TO OPERATING WATERCRAFT UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE) FOR A FIRST, SECOND OR THIRD OFFENSE SHALL HAVE RESTRICTIVE PROBATION CONDITIONS, INCLUDING:
(1) HOUSE ARREST WITH ELECTRONIC SURVEILLANCE.
(2) PARTIAL CONFINEMENT PROGRAMS, INCLUDING WORK RELEASE, WORK CAMPS OR HALFWAY FACILITIES.
(3) A COMBINATION OF PARAGRAPHS (1) AND (2).
SECTION 3.
SECTIONS 3803(C)(2) AND 3804(A)(2) INTRODUCTORY 20260HB2392PN3546 - 12 - PARAGRAPH, (B)(2) INTRODUCTORY PARAGRAPH AND (C)(2) INTRODUCTORY PARAGRAPH OF TITLE 75, AMENDED DECEMBER 22, 2025 (P.L.363, NO.58), ARE AMENDED TO READ:
§ 3803.
GRADING.
* * * (C) OFFENSES FOLLOWING DIVERSION.-- * * * (2) AN INDIVIDUAL WHO VIOLATES SECTION 3802(H)(1) WHERE THE UNDERLYING OFFENSE IS A VIOLATION OF SECTION 3802(A)(1), WHERE THE INDIVIDUAL REFUSED TESTING OF BREATH OR CHEMICAL TESTING UNDER A VALID SEARCH WARRANT, COURT ORDER OR OTHER BASIS PERMISSIBLE BY THE CONSTITUTION OF THE UNITED STATES AND THE CONSTITUTION OF PENNSYLVANIA, OR SECTION 3802(C) OR (D), COMMITS A MISDEMEANOR OF THE FIRST DEGREE.
§ 3804.
PENALTIES.
(A) GENERAL IMPAIRMENT.--EXCEPT AS SET FORTH IN SUBSECTION (B) OR (C), AN INDIVIDUAL WHO VIOLATES SECTION 3802(A) (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE) SHALL BE SENTENCED AS FOLLOWS:
* * * (2) FOR A SECOND OFFENSE OR A FIRST OFFENSE FOR A VIOLATION OF SECTION 3802(H)(1) WITH AN UNDERLYING VIOLATION OF AN OFFENSE ENUMERATED IN THIS SUBSECTION, TO:
* * * (B) HIGH RATE OF BLOOD ALCOHOL;
MINORS;
COMMERCIAL VEHICLES AND SCHOOL BUSES AND SCHOOL VEHICLES;
ACCIDENTS.--EXCEPT AS SET FORTH IN SUBSECTION (C), AN INDIVIDUAL WHO VIOLATES SECTION 3802(A)(1) WHERE THERE WAS AN ACCIDENT RESULTING IN BODILY INJURY, SERIOUS BODILY INJURY OR DEATH OF ANY PERSON OR DAMAGE TO A VEHICLE OR OTHER PROPERTY OR WHO VIOLATES SECTION 3802(B), 20260HB2392PN3546 - 13 - (E) OR (F) SHALL BE SENTENCED AS FOLLOWS:
* * * (2) FOR A SECOND OFFENSE OR A FIRST OFFENSE FOR A VIOLATION OF SECTION 3802(H)(1) WITH AN UNDERLYING VIOLATION OF AN OFFENSE ENUMERATED IN THIS SUBSECTION, TO:
* * * (C) INCAPACITY;
HIGHEST BLOOD ALCOHOL;
CONTROLLED SUBSTANCES.--AN INDIVIDUAL WHO VIOLATES SECTION 3802(A)(1) AND REFUSED TESTING OF BREATH UNDER SECTION 1547 (RELATING TO CHEMICAL TESTING TO DETERMINE AMOUNT OF ALCOHOL OR CONTROLLED SUBSTANCE) OR TESTING OF BLOOD PURSUANT TO A VALID SEARCH WARRANT OR AN INDIVIDUAL WHO VIOLATES SECTION 3802(C) OR (D) SHALL BE SENTENCED AS FOLLOWS:
* * * (2) FOR A SECOND OFFENSE OR A FIRST OFFENSE FOR A VIOLATION OF SECTION 3802(H)(1) WITH AN UNDERLYING VIOLATION OF AN OFFENSE ENUMERATED IN THIS SUBSECTION, TO:
* * * Section 2 4.
20260HB2392PN3212 - 8 -
<-- 20260HB2392PN3546 - 14 -
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Action History

  1. Re-committed to Rules

  2. First consideration

  3. Reported as amended

  4. Referred to Judiciary

Sponsors

Sponsorship breakdown

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1 sponsors · 18 co-sponsors · 234 not signed on

Sponsors (1)

Co-sponsors (18)

Not signed on (234)

234 members have not signed on to this bill.

Show all 234 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Committee vote (Judiciary): Adopt Amendment

Passed 26 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 14000
Republican 12000
Total 26000
% of votes cast 100%0%0%0%
How each member voted (26)
Member Party Vote
Aerion Abney Democratic Yea
Andre D. Carroll Democratic Yea
Benjamin V. Sanchez Democratic Yea
Chris Pielli Democratic Yea
Christopher M. Rabb Democratic Yea
Emily Kinkead Democratic Yea
Joseph C. Hohenstein Democratic Yea
Kristine C. Howard Democratic Yea
Kyle Donahue Democratic Yea
La'Tasha D. Mayes Democratic Yea
Liz Hanbidge Democratic Yea
Malcolm Kenyatta Democratic Yea
Melissa L. Shusterman Democratic Yea
Tim Briggs Democratic Yea
Andrew Kuzma Republican Yea
Brenda M. Pugh Republican Yea
Charity Grimm Krupa Republican Yea
Jim Rigby Republican Yea
Joe Hamm Republican Yea
Joe Kerwin Republican Yea
Joshua D. Kail Republican Yea
Kate A. Klunk Republican Yea
Rob W. Kauffman Republican Yea
Robert Leadbeter Republican Yea
Stephanie Borowicz Republican Yea
Timothy R. Bonner Republican Yea

Official roll call →

Committee vote (Judiciary): Report Bill As Amended

Passed 26 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 14000
Republican 12000
Total 26000
% of votes cast 100%0%0%0%
How each member voted (26)
Member Party Vote
Aerion Abney Democratic Yea
Andre D. Carroll Democratic Yea
Benjamin V. Sanchez Democratic Yea
Chris Pielli Democratic Yea
Christopher M. Rabb Democratic Yea
Emily Kinkead Democratic Yea
Joseph C. Hohenstein Democratic Yea
Kristine C. Howard Democratic Yea
Kyle Donahue Democratic Yea
La'Tasha D. Mayes Democratic Yea
Liz Hanbidge Democratic Yea
Malcolm Kenyatta Democratic Yea
Melissa L. Shusterman Democratic Yea
Tim Briggs Democratic Yea
Andrew Kuzma Republican Yea
Brenda M. Pugh Republican Yea
Charity Grimm Krupa Republican Yea
Jim Rigby Republican Yea
Joe Hamm Republican Yea
Joe Kerwin Republican Yea
Joshua D. Kail Republican Yea
Kate A. Klunk Republican Yea
Rob W. Kauffman Republican Yea
Robert Leadbeter Republican Yea
Stephanie Borowicz Republican Yea
Timothy R. Bonner Republican Yea

Official roll call →

Subjects

public-safety transportation
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Frequently asked questions

Who sponsors HB 2392?
HB 2392 is sponsored by Kerry A. Benninghoff (Republican), Mike Armanini (Republican), Bud Cook (Republican), Mindy Fee (Republican), Jamie L. Flick (Republican), Liz Hanbidge (Democratic), Patrick J. Harkins (Democratic), Joseph C. Hohenstein (Democratic), Anita Astorino Kulik (Democratic), Andrew Kuzma (Republican), Robert Leadbeter (Republican), Jeanne McNeill (Democratic), Robert E. Merski (Democratic), Ed Neilson (Democratic), Jeff Olsommer (Republican), Tina Pickett (Republican), Brian Smith (Republican), Michael Stender (Republican), and Steven C. Mentzer (Republican).
What is the current status of HB 2392?
This bill is in committee in the House. Introduced April 16, 2026. It must pass committee before a floor vote.
Where can I track HB 2392?
Track HB 2392 free on One Click Politics — get push/email alerts when it moves.

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