PRIOR PRINTER'S NO. 769
PRINTER'S NO. 1022
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
773
Session of
2021
INTRODUCED BY QUINN, SCHMITT, POLINCHOCK, GUENST, CIRESI,
R. BROWN AND GILLEN, MARCH 8, 2021
AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, MARCH 23, 2021
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in driving after imbibing alcohol or utilizing
drugs, further providing for grading and for penalties.
This act may be referred to as Deana's Law.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3803(b)(4.1) of Title 75 of the
Pennsylvania Consolidated Statutes is amended to read:
§ 3803. Grading.
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(b) Other offenses.--
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(4.1) 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 3802(c) or (d) [and who] commits:
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(i) A felony of the third degree if the individual
has two [or more] prior offenses [commits a felony of the
third degree].
(ii) A felony of the second degree if the individual
has three or more prior offenses.
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Section 2. Section 3804 3804(E)(2)(II) of Title 75 is
amended AND THE SECTION IS AMENDED by adding subsections to
read:
§ 3804. Penalties.
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(c.2) Consecutive sentence.--A sentence imposed upon an
individual under this section who has two or more prior offenses
shall be served consecutively to any other sentence the
individual is serving and to any other sentence being then
imposed by the court , except for those with which the offense
must merge as a matter of law .
(c.3) Sentencing enhancement.--The Pennsylvania Commission
on Sentencing, under 42 Pa.C.S. § 2154 (relating to adoption of
guidelines for sentencing), shall provide for a sentencing
enhancement for a violation of 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 for a violation of section
3802(c) or (d) and where the individual has four or more prior
offenses.
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(E) SUSPENSION OF OPERATING PRIVILEGES UPON CONVICTION.--
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(2) SUSPENSION UNDER PARAGRAPH (1) SHALL BE IN
ACCORDANCE WITH THE FOLLOWING:
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(II) 18 MONTHS FOR A MISDEMEANOR OF THE FIRST DEGREE
OR FELONY OF THE SECOND OR THIRD DEGREE UNDER THIS
CHAPTER.
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Section 3. This act shall take effect in 120 days.
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