2017 – 2018 Session

 
PAPAID Fully Supports the following Bills that address DUI or DUID:

 

1)Penalty for High Risk Repeat Offenders

 

SB38

Last Action:Referred to TRANSPORTATION, Jan. 12, 2017 [Senate]

MEMORANDUM

Posted:December 5, 2016 10:21 AM

From:Senator Scott E. Hutchinson

To:All Senate members

Subject:Drugged Driving Penalties

In the near future I intend to re-introduce legislation strengthening the penalties for driving under the influence of a controlled substance.

In recent years, the use and abuse of heroin, methadone and other controlled substances has risen dramatically and created issues both in our neighborhoods and on our roads. In 2015 Pennsylvania State Troopers arrested 4,431 individuals for drugged driving, a 43 percent increase from 2014. This trend has continued to rise, and if nothing is done there will be serious consequences.

Under my proposal, there would be a separate tier of penalties for drugged driving allowing penalties to be tailored specifically for that offense. The legislation also amends Title 75 to allow for roadside testing of saliva which would give officers the ability to test for drugged driving on the spot in the same way a breathalyzer works. The penalties for the third and fourth convictions would also be strengthened under this legislation.

Drugged driving is a very dangerous problem that is now too pressing to ignore. This legislation would create safer roads for the citizens of Pennsylvania by taking drugged drivers off the road. Please join me in cosponsoring this legislation.

This legislation was Senate Bill 1381 of last session. If you have any questions, please contact Nathan Akers in my office at 787-9684 or nakers@pasen.gov.

Introduced as SB38

CO-SPONSORS: HUTCHINSON, LANGERHOLC, SCHWANK, VULAKOVICH AND RAFFERTY

______________________________________________

 
SB635

Last Action: Referred to JUDICIARY, April 18, 2017 [Senate]

MEMORANDUM

Posted:March 27, 2017 02:14 PM

From:Senator Scott Martin

To:All Senate members

Subject:DUI Penalty Enhancement

On July 8, 2014, Meredith Demko, an 18-year old recent high school graduate from Lancaster County was driving home in the middle of the afternoon when she was killed by an individual who was drunk, high on heroin, and driving on a suspended license due to a prior DUI conviction.

Volunteer Fire Chief Rodney Miller was killed in the line of duty at the age of 45 in April 2013 by a repeat hit-and-run/repeat drunk driver. At the time of his death he was responding to earlier DUI-related crash in which the driver was drunk and high, and driving on a suspended license.

In April 2013, 24-year old Liam Crowley was killed by a drunk driver with a suspended license and 5 prior DUI convictions. According to the Chester County District Attorney, the driver would have been eligible to drive as of 2012 had he completed the proper paperwork.

Kaitlyn Berry died at the age of 24 at the hands of a drunk repeat DUI offender driving on a suspended license. The driver’s 7-year old son and Berry’s mother were also severely injured in the accident.

Unfortunately, this list goes on for too long.

In 2014, over 50 percent of the 170,000 Pennsylvanians who had suspended licenses due to DUI convictions were repeat offenders. The existing Pennsylvania DUI laws are inadequate and ineffective in combating the serious problem of repeat DUI offenders.

This proposed legislation would amend:

·        Title 18 (Crimes and Offenses) and Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes to increase the penalty for killing a person while driving under the influence of alcohol or a controlled substance if an individual has more than two prior offenses within a ten-year period.

·        Section 303 of Title 18, concerning the causal relationship between conduct and result, would be amended by adding a presumption of recklessness or negligence when the death of a person is caused by an individual committing the offense of driving under the influence of alcohol or a controlled substance.

·        Section 2502 of Title 18, concerning murder, would be amended to specify that the murder of a person killed as a result of an offense committed when driving under the influence would be considered murder of the third degree, which is graded as a felony of the first degree, if the individual has more than two prior offenses.

·        Section 3803 of Title 75, relating to driving under the influence, would be amended to provide that an individual who commits a violation and has more than two prior offenses within a ten-year period would be guilty of a felony of the third degree.

·        Section 3804 of Title 75, would increase the penalty for a driving under the influence for an individual who has more than two offenses within a ten-year period from imprisonment of not less than ten days to imprisonment of not less than two years nor more than seven years. In addition, the fine would be increased from not less than $500 nor more than $5,000 to not more than $15,000.

 

 CO-SPONSORS: MARTIN, RAFFERTY, BARTOLOTTA, FOLMER, AUMENT, HUGHES, VULAKOVICH, LANGERHOLC AND SCAVELLO

______________________________________________

 

HB145

Last Action: Referred to TRANSPORTATION, Jan. 23, 2017 [House]

MEMORANDUM

Posted: December 1, 2016 09:52 AM

From: Representative Dan Moul

To: All House members

Subject: Vehicular Homicide Repeat Offender Grading Prior HB 1353

Driving under the influence of drugs or alcohol causes nearly 10,000 deaths and 350,000 injuries annually on our highways, yet people convicted of DUI often continue to do so. Studies have shown that nearly 2 million drunk drivers on the nation’s highways have a prior conviction, including 400,000 who have five or more.
Repeat offenders are a time bomb waiting to go off every time they get behind the wheel, yet when the odds catch up with them and they take an innocent life and are charged with Vehicular Homicide while Under the Influence, they face a felony of the second degree regardless of whether they have been previously convicted of DUI or other major felony traffic offense.

I believe Pennsylvania law should reflect the enhanced risk a repeat offender poses to the public and increase the grading of the offense of Vehicular Homicide while under the influence where a defendant has been given one or more bites of the apple for the most serious kinds of traffic violations. I therefor intend to introduce legislation which will raise the grading of Vehicular Homicide while DUI from an F-2 to an F-1, and increase the mandatory sentence from the current 3 years to 5 years, where the defendant has been previously convicted of DUI or a felony major traffic offense such as Vehicular Homicide or Vehicular Assault.

I hope that I can count on your support by becoming a co-sponsor of this important legislation.

 

CO-SPONSORS :MOUL, BAKER, KAUFFMAN, KNOWLES, MACKENZIE, WATSON, MILLARD, GILLESPIE, WARD, D. COSTA AND MILNE

______________________________________________

 

HB257

Last Action: Referred to TRANSPORTATION, Jan. 31, 2017 [House]

MEMORANDUM

Posted: December 7, 2016 10:40 AM

From: Representative Rob W. Kauffman

To: All House members

Subject: Chemical Testing - Former House Bill 545

In the near future, I plan to re-introduce legislation amending Title 75 of the PA Consolidated Statues – the Vehicle Code (formerly House Bill 545).

Specifically, this legislation would provide that any person who is operating a vehicle and who is involved in an accident where a death has occurred would be required to submit to drug and alcohol testing.

I would appreciate your consideration of this legislation.

Previous Co-sponsors: Kortz, Barrar, Rapp, Carroll, Gabler, Hickernell, Gibbons, Moul, Phillips-Hill, Caltagirone and Mahoney

Introduced as HB257

CO-SPONSORS: KAUFFMAN, READSHAW, MOUL, CALTAGIRONE, ZIMMERMAN AND GABLER

_____________________________________________

 
 

SB358

Last Action: Referred to JUDICIARY, Feb. 15, 2017 [Senate]

MEMORANDUM

Posted: January 17, 2017 10:04 AM

From: Senator Robert M. Tomlinson

To: All Senate members

Subject: Accidents Involving Death or Injury While Not Properly Licensed

Please join me in sponsoring legislation to amend the Vehicle Code regarding drivers involved in serious accidents while under a license suspension.

Aside from a charge for driving with a suspended license, no additional penalty exists today for being involved in an accident without a license unless the suspended driver was found to have caused the accident. My legislation would include a penalty of up to two years imprisonment and $5,000 fine for an individual who is not properly licensed and is involved in an accident where seriously bodily injury and/or death occurs. The suspended driver should not have been operating a motor vehicle under any circumstances and should be held accountable for his or her actions.

This legislation was cosponsored last session by Senators Rafferty, Fontana, Baker, Dinniman and Mensch as Senate Bill 895.

Introduced as SB358

CO-SPONSORS: TOMLINSON, RAFFERTY, SABATINA, MENSCH AND BROWNE

______________________________________________

 

 HB873

Last Action: Referred to TRANSPORTATION, March 16, 2017 [House]

MEMORANDUM

Posted: March 3, 2017 10:50 AM

From: Representative John T. Galloway

To: All House members

Subject: Re-Introduction of: New Offenses for Homicide and Aggravated Assault by Vehicle While Driving Under the Influence (HB-1076)

In the near future, I plan to re-introduce legislation (HB-1076), that would add offenses for homicide and aggravated assault by vehicle while driving under the influence.

On January 19, 2014, 15 year old Zachary Gonzalez was struck and killed by a vehicle while its driver was under the influence of cocaine and prescription medications. The impaired driver, also struck and injured 14 year old Jeffrey Garvie, causing a broken shoulder and a bruised lung. Although the driver was charged with driving under the influence, possession of drug paraphernalia, and possession of a controlled substance, he failed to be charged with homicide or aggravated assault by vehicle while driving under the influence. This failure of justice took place because it was determined that the driver’s intoxication was not the cause of the death or injury.

My bill attempts to correct this issue by making it a misdemeanor of the second degree, with a maximum fine of $5,000, to commit homicide by vehicle while driving under the influence where it is ruled that the driver’s intoxication was not the cause of death. Furthermore, my bill includes a misdemeanor of the second degree, with a maximum fine of $2,500, for committing aggravated assault by vehicle while driving under the influence where it is ruled that the driver’s intoxication was not the cause of injury.

By creating these new penalties, we can ensure that this technicality will not allow future offenders of similar tragedies to avoid justice.

Please join me in co-sponsoring this important piece of legislation.

Introduced as HB873

CO-SPONSORS: GALLOWAY, READSHAW, D. COSTA, KINSEY, RYAN, MILLARD AND DeLUCA

______________________________________________

 

SB553

 

INTRODUCED BY RAFFERTY, MARCH 24, 2017

REFERRED TO TRANSPORTATION, MARCH 24, 2017

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in licensing of drivers, further providing for chemical testing to determine amount of alcohol or controlled substance; and, in driving after imbibing alcohol or utilizing drugs, further providing for penalties and for ignition interlock.


This bill addresses recent Supreme Court Case that ruled that DUI blood testing requires a warrant.

______________________________________________

 

SB16

Referred to TRANSPORTATION, March 24, 2017 [Senate]

MEMORANDUM

Posted: January 9, 2017 03:57 PM

From: Senator John P. Blake

To: All Senate members

Subject: “Shane’s Law” - Immediate License Revocation for Serious D.U.I. Offenses

 In the near future, I will introduce legislation to reduce the number of certain D.U.I. offenders on the road while they await trial. The legislation would immediately revoke driving privileges from the time an offender is formally charged until the resolution of a trial, in the following circumstances:

·        If a driver kills or seriously injures someone while driving under the influence, or

·        If a driver is charged with D.U.I. and had passengers 13 years and younger in the vehicle.

I am introducing this legislation in memory of a young constituent, Shane Rivenburgh, who was killed by a motorist driving under the influence in the spring of 2016. While the measures suggested above would not have prevented Shane’s tragic death, it could save the lives of others in situations where the offender has dependency or addiction issues and continues to operate a vehicle. This bill was the selfless request of Shane’s grieving mother, terrified at the thought of such an offender remaining behind the wheel in the often-protracted period leading up to a trial. This senate bill will carry Shane’s high school baseball number “16,” as he was a talented pitcher; beloved son; and friend to so many.

Introduced as SB16

CO-SPONSORS: BLAKE, FONTANA, COSTA, SCHWANK, HUGHES, RAFFERTY, BOSCOLA, WARD AND HAY

____________________________________________

 

2)Treatment of High Risk Offender

 

HB307

 

Last Action: Referred to JUDICIARY, Feb. 3, 2017 [House]

MEMORANDUM

Posted: January 11, 2017 03:20 PM

From: Representative Dom Costa

To: All House members

Subject: Underage Drinking: Ava's Law - Former House Bill 2073

 
In the near future, I will be re-introducing legislation – former House Bill 2073 of the 2015-2016 Legislative Session – that would strengthens penalties for repeat underage drinking offenders and ensures these individuals receive proper court supervision.

My legislation is titled “Ava’s Law” to honor the memory of 6-year-old Ava Campbell, who was struck and killed in Allegheny County by a repeat underage drinking offender who was driving while intoxicated. Currently, any underage drinking violation is graded as a summary offense. This legislation will increase the grading to a misdemeanor of the third degree for a second or subsequent offense. The bill also permits a magisterial district judge to access prior juvenile court records and requires the judge to check these records when hearing a case involving underage drinking. This allows the magisterial district judge to determine whether the juvenile was previously charged with underage drinking or driving under the influence.

Multiple arrests for underage drinking or driving under the influence are a red flag indicating that a juvenile has an alcohol/substance abuse problem. The current summary offense for underage drinking carries little court supervision and thus does not force young people to change their behavior and avoid recidivism. My legislation would ensure a juvenile charged with a second or subsequent offense appears in the Court of Common Pleas, where the judge can order probation with restrictions on operating a motor vehicle.

This bill would not only help prevent tragedies such as that which occurred to Ava Campbell, but would also ensure a young person with an alcohol/substance abuse problem gets the help he or she needs. Please join me in co-sponsoring this important legislation.


Introduced as HB307

D. COSTA, CALTAGIRONE, MURT, McCLINTON, KNOWLES, KAUFFMAN, BAKER, MILLARD, McNEILL, NELSON, DeLUCA, WATSON, MILNE, DEASY AND READSHAW

______________________________________________

 
HB311

Last Action: Referred to JUDICIARY, Feb. 3, 2017 [House]

MEMORANDUM

Posted: January 12, 2017 10:16 AM

From: Representative Dom Costa

To: All House members

Subject: Ignition Interlock as a Condition of Bail for DUI Offenses (Former HB1775)

 In the near future, I will re-introduce legislation – former House Bill 1775 of the 2015-2016 Legislative Session – that would require installation of an ignition interlock system as a condition of bail for certain defendants charged with driving under the influence (DUI).

Specifically, my legislation would impose the requirement on defendants who are charged with a second or subsequent DUI offense within the past ten years. Judges are also given the discretion to order installation of an ignition interlock system if they believe it is necessary to ensure the safety of any person or the community, even if the defendant is not a repeat offender. Defendants would be required to participate in a 24/7 sobriety monitoring program until they can show proof that the ignition interlock system was installed. Bail can be revoked if the defendant is arrested for a subsequent DUI violation, drives a vehicle not equipped with an ignition interlock system, or tampers with the system.

Under current law, a judge can order installation of an ignition interlock system only if a person is convicted of a DUI offense. However, DUI offenders, especially repeat offenders, can still pose a safety risk to the community when they are released pending trial. My legislation protects the public from harm while still allowing the defendant to maintain freedom and the ability to drive when awaiting trial. Importantly, my legislation also protects the assumption that a person is innocent until proven guilty. The county would cover costs of the ignition interlock system and the sobriety monitoring program and then, if the defendant is convicted, he or she would reimburse the county for all costs.

Please join me in co-sponsoring this important legislation.

Introduced as HB311

CO-SPONSORS: D. COSTA, PICKETT, MILLARD, V. BROWN, McNEILL, DeLUCA, READSHAW, MILNE, CALTAGIRONE, DEASY AND NEILSON

______________________________________________

 


HB123

 

Referred to JUDICIARY, Feb. 3, 2017 [House]

Representative Aaron D. Kaufer  

Part of broader package of bills that address the opioid crisis

Description: Drug Courts

“Drug Courts” employ a coordinated response to criminal defendants, integrating treatment and court processing, and providing a continuum of services.  They tend to have better long-term outcomes, including reduced recidivism, and increased rates of reemployment and long term sobriety.  The up-front costs can be a barrier and prevent jurisdictions from having this type of specialty court.  To help, I plan to introduce legislation that would give counties that have established “drug courts” the option of adopting a fee to help pay for some of the associated costs.  Specifically, my bill gives counties the authority to adopt, by ordinance, a fee to be imposed upon criminal defendants who are convicted of or plead guilty to a drug crime.  The amount of the fee would also be set by ordinance, but could not exceed $250. Amounts collected will be set aside for the establishment and operation of the drug court.
  

Introduced as HB123

KAUFER, READSHAW, FEE, DRISCOLL, TAYLOR, MURT, MILLARD, RADER, PICKETT, KAVULICH, DAVIS, MULLERY, A. HARRIS, McNEILL, LONGIETTI, WATSON, BOBACK, SIMMONS, SAYLOR, LAWRENCE AND COOK

______________________________________________

 

HB384

Referred to HUMAN SERVICES, Feb. 7, 2017 [House]

MEMORANDUM

Posted: December 14, 2016 12:25 PM

From: Representative Harry Readshaw

To: All House members

Subject: Co-sponsorship: Involuntary commitment for D&A treatment

 
Upon our return, I plan on re-introducing HB1692 which would provide for involuntary commitment for drug & alcohol treatment.

Pennsylvania families are the front lines of the opiate epidemic in this Commonwealth. In an effort to provide families with another avenue of resources, I will be introducing Legislation which would allow for involuntary commitment for drug and alcohol abuse. This will be an added to the arsenal of resources already available to families. This legislation is based on the Ohio "Casey's" law and the Florida "Jennifer's" law. This legislation was requested by my friend/constituent who recently lost his son, Matthew, because of drug overdoses.

Please join me in Cosponsoring this legislation.

If you have any questions, please feel free to contact me directly or call my staff, Margaret Tricarico at 717-772-5568 or mtricari@pahouse.net.

Thank you!

Previous co-sponsors: READSHAW, BAKER, D. COSTA, KOTIK, GROVE, TOEPEL, THOMAS, DAVIS, MILLARD, PASHINSKI, TAYLOR, CALTAGIRONE, V. BROWN, MAHONEY, O'BRIEN, McNEILL, COHEN, BARBIN, DeLUCA, STAATS, MOUL and HEFFLEY

Introduced as HB384

READSHAW, DEASY, PASHINSKI, DRISCOLL, CALTAGIRONE, WATSON, McNEILL, MILLARD, KINSEY, WARD, NEILSON, STAATS, BOBACK, KORTZ, D. COSTA, IRVIN, A. HARRIS, ZIMMERMAN, V. BROWN, DeLUCA, FARRY AND THOMAS

______________________________________________

 

3) Other Needs

 

HB276

 

Referred to TRANSPORTATION, Jan. 31, 2017 [House]

MEMORANDUM

Posted: January 23, 2017 03:12 PM

From: Representative Gerald J. Mullery

To: All House members

Subject: Fair Compensation for All Victims of DUI Crashes

 
In the near future, I intend to reintroduce legislation that would close a loophole that prevents victims of vehicle crashes involving a driver under the influence (DUI) of drugs or alcohol from receiving full tort coverage if the driver dies as a result of the accident.

Currently, a victim of a DUI accident can receive full tort coverage only if the driver is convicted of DUI or accepts Accelerated Rehabilitative Disposition (ARD). If the driver dies as a result of the crash, the victim does not receive full tort coverage even if blood tests reveal the presence of drugs or alcohol in the driver’s system post-mortem.

My legislation would provide the same benefits to all victims of DUI accidents by amending Title 75 (Vehicles), Section 1705 (Election of Tort Options), of the Pennsylvania Consolidated Statutes by adding sections that enable a victim to recover full benefits if the driver dies as a result of the crash and if the driver’s blood alcohol level was at or above the legal limit of .08% or showed the presence of any Schedule I, II or II controlled substances that were not medically prescribed.
While we work to reduce the number of alcohol-related crashes and deaths, it is vital that we simultaneously protect the victims of these accidents. The Pennsylvania DUI Association’s latest report showed that in 2014 there were 10,550 alcohol-related crashes resulting in 333 fatalities. Of those fatalities, 72 percent were the vehicle drivers. Passengers and pedestrians were far more likely to be injured, rather than killed, in the crash. On average, 20 people are injured in an alcohol-related traffic crash every day in Pennsylvania.

Please join me in supporting legislation to help all victims of DUI accidents by closing this unfair loophole.

Introduced as HB276

MULLERY, MURT, CALTAGIRONE, MILLARD, LONGIETTI, V. BROWN, SCHLOSSBERG, READSHAW, D. COSTA, PASHINSKI, TOOHIL, KAVULICH AND KORTZ

______________________________________________

 

HB656

 

Referred to TRANSPORTATION, Feb. 28, 2017 [House]

MEMORANDUM

Posted: January 12, 2017 02:34 PM

From: Representative Angel Cruz

To: All House members

Subject: Preventing Drivers from Returning to their Vehicle Immediately After a D.U.I. Arrest (Former HB 399)

 
In the near future, I will be reintroducing legislation that would deter individuals who have been arrested for D.U.I. from returning to and driving their vehicle while they are still under the influence.

On July 22, 2000, New Jersey made national headlines when Navy Ensign John R. Elliott was killed in a head-on collision with a vehicle whose driver had been charged with drunk driving earlier that night. The drunk driver had been arrested for driving with a blood content of more than twice the state’s legal limit. He was taken to the state police barracks and released when a friend came to pick him up.

Three hours later, driving the same vehicle in which he had earlier been arrested for D.W.I., he crossed the center line on U.S. 40 and struck Elliott’s car, killing both men at the scene. The friend who picked the drunk driver up from the barracks was later charged with manslaughter, vehicular homicide, and aggravated assault because police identified him as an accomplice to the accident.

In response to this senseless tragedy, New Jersey lawmakers passed legislation requiring police to seize the vehicles of suspected drunk drivers and hold them for up to 12 hours. Pennsylvania currently has no such law ensuring that those arrested for D.U.I. cannot return to their vehicle upon their release.

I have modeled my legislation after New Jersey’s successful law. Under my bill, anyone who is arrested in Pennsylvania for driving while under the influence will not have access to their vehicle for a period of 12 hours following their arrest. The vehicle shall not be released until the person claiming the vehicle presents documentation including a valid driver’s license, proof of ownership or lawful authority to operate the motor vehicle and proof of valid insurance for that vehicle. My legislation also issues a responsibility warning to persons assuming custody of the arrested person.

Driving under the influence is irresponsible, reckless and unacceptable. Please join me in co-sponsoring this legislation and ensuring the safety of all Pennsylvania drivers. Thank you in advance for your consideration.



Introduced as HB656

CRUZ, YOUNGBLOOD, JAMES, SCHLOSSBERG, KINSEY, V. BROWN, D. COSTA, MURT, WATSON, KORTZ, GILLEN AND NEILSON

______________________________________________

 

SB427

Last Action: Referred to TRANSPORTATION, Feb. 24, 2017 [Senate]

MEMORANDUM

Posted: January 23, 2017 04:53 PM

From:  Senator Randy Vulakovich and Sen. Wayne D. Fontana, Sen. Jay Costa, Sen. John C. Rafferty, Jr., Sen. John P. Sabatina, Jr.

To: All Senate members

Subject: Highly Automated Vehicles Testing

 
In the near future, we intend to re-introduce legislation – SB 1412 of the 2015-16 Session – to allow for the testing of Highly Automated Vehicles (HAV) on Pennsylvania’s transportation system.

Currently, there are nine states – California, Florida, Louisiana, Michigan, Nevada, North Dakota, Tennessee, Utah and Virginia – that enacted a form of HAV testing legislation. With our legislation, Pennsylvania will be well-positioned to advance highway safety, create jobs and support the thriving blend of innovation and technology to build a forward-thinking transportation network.

Our legislation will incorporate “best practices” from enacted HAV testing legislation, recommendations from the Pennsylvania Department of Transportation’s Autonomous Vehicle Task Force, guidance from the federal automated vehicle policy by the National Highway Traffic Safety Administration and a volume of feedback from key stakeholders including Carnegie Mellon University and Uber who are legally testing HAVs in this Commonwealth.

The re-introduction of this important piece of legislation demonstrates our commitment and leadership towards the development and management of broader, more sophisticated HAV testing in this Commonwealth, which is receiving notable attention from the manufacturing and technology industries, research institutions, safety stakeholders and transportation policymakers across the United States and beyond.

Please join us in co-sponsoring this pioneering legislation, which is an integral step for Pennsylvania to be a top competitor – among other states and countries – that embraces HAV testing on our interconnected transportation system.

If you have any questions, please contact Nolan Ritchie, Senator Rafferty’s Office, at nritchie@pasen.gov or Jason Gerard, Senator Sabatina’s Office, at jgerard@pasenate.com.



Introduced as SB427

CO-SPONSORS: VULAKOVICH, FONTANA, COSTA, RAFFERTY, SABATINA, BLAKE, BREWSTER, BROWNE, LEACH AND TARTAGLIONE

 

Updated 5/6/17​