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SENATE AMENDED
PRIOR PRINTER'S NOS. 1932, 1976, 2354,
2517, 2676 PRINTER'S NO. 2677
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1615
Session of
2025
INTRODUCED BY KAUFFMAN, BRIGGS, FREEMAN, GAYDOS, HANBIDGE,
D. WILLIAMS, SANCHEZ, RAPP, PROKOPIAK, ZIMMERMAN, RIVERA,
WATRO, GREEN AND K. HARRIS, JUNE 16, 2025
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, DECEMBER 9, 2025
AN ACT
Amending Title 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 AND, 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 ACCELERATED REHABILITATIVE
DISPOSITION.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1534 of Title 75 of the Pennsylvania
Consolidated Statutes is amended to read:
SECTION 1. SECTION 9756 OF TITLE 42 OF THE PENNSYLVANIA
CONSOLIDATED STATUTES IS AMENDED BY ADDING A SUBSECTION TO READ:
§ 9756. SENTENCE OF TOTAL CONFINEMENT.
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* * *
(C.2) DETERMINATE SENTENCE.-- A NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, A COURT MAY IMPOSE A DETERMINATE SENTENCE
UNDER 75 PA.C.S. (RELATING TO VEHICLES) WHERE THE VIOLATION IS
GRADED AS A SUMMARY OFFENSE AND THE MAXIMUM SENTENCE OF TOTAL
CONFINEMENT IS 90 DAYS OR LESS. NOTHING IN THIS SUBSECTION SHALL
BE CONSTRUED TO PRECLUDE AN OTHERWISE ELIGIBLE DEFENDANT FROM
WORK RELEASE OR PREVENT A COURT FROM SENTENCING A DEFENDANT TO
PROBATION, INCLUDING THE RESTRICTIVE CONDITIONS OF PROBATION
IMPOSED UNDER SECTION 9763(C).
* * *
SECTION 1.1. SECTIONS 1534 AND 1543(B)(1)(I) AND (II) AND
(1.1)(I) OF TITLE 75 ARE AMENDED TO READ:
§ 1534. Notice of acceptance and completion of Accelerated
Rehabilitative Disposition.
(a) [General rule] Acceptance notice.--Except as provided in
subsection (b), if a person is arrested for any offense
enumerated in section 1532 (relating to revocation or suspension
of operating privilege) and is offered and accepts Accelerated
Rehabilitative Disposition under general rules, the court shall
promptly notify the department.
(b) Exception.--If a person is arrested for any offense
enumerated in section 3802 (relating to driving under influence
of alcohol or controlled substance) and is offered and accepts
Accelerated Rehabilitative Disposition under this title or
general rules, the court shall promptly notify the department.
The department shall maintain a record of the acceptance of
Accelerated Rehabilitative Disposition [for a period of ten
years from the date of notification. This record shall not be
expunged by order of court or prior to the expiration of the
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ten-year period.] and make the record available to any
prosecuting attorney, court or law enforcement agency upon
request.
(b.1) Completion notice.--When a person successfully
completes Accelerated Rehabilitative Disposition under this
title or general rules for any offense enumerated in section
3802, the court shall promptly notify the department. The
department shall maintain a record of the successful completion
of Accelerated Rehabilitative Disposition and make the record
available to any prosecuting attorney, court or law enforcement
agency upon request.
(c) Expungement.--Immediately following the expiration of
[the ten-year period] 12 years after the notification provided
in subsection (b.1), the department shall expunge the record of
the acceptance and completion of Accelerated Rehabilitative
Disposition. The department shall not require an order of court
to expunge the record.
(d) Exceptions to expungement.--The department shall not be
required to expunge the record of acceptance and completion of
Accelerated Rehabilitative Disposition if:
(1) during the [ten-year] 12-year period, the department
revokes the operating privileges of a person pursuant to
section 1542 (relating to revocation of habitual offender's
license); or
(2) the person was a commercial driver at the time of
the violation causing the disposition.
§ 1543. DRIVING WHILE OPERATING PRIVILEGE IS SUSPENDED OR
REVOKED.
* * *
(B) CERTAIN OFFENSES.--
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(1) THE FOLLOWING SHALL APPLY:
(I) A PERSON WHO DRIVES A MOTOR VEHICLE ON A HIGHWAY
OR TRAFFICWAY OF THIS COMMONWEALTH AT A TIME WHEN THE
PERSON'S OPERATING PRIVILEGE IS SUSPENDED OR REVOKED AS A
CONDITION OF ACCEPTANCE OF ACCELERATED REHABILITATIVE
DISPOSITION FOR A VIOLATION OF SECTION 3802 (RELATING TO
DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED
SUBSTANCE) OR THE FORMER SECTION 3731, BECAUSE OF A
VIOLATION OF SECTION 1547(B)(1) (RELATING TO SUSPENSION
FOR REFUSAL) OR 3802 OR FORMER SECTION 3731 OR IS
SUSPENDED UNDER SECTION 1581 (RELATING TO DRIVER'S
LICENSE COMPACT) FOR AN OFFENSE SUBSTANTIALLY SIMILAR TO
A VIOLATION OF SECTION 3802 OR FORMER SECTION 3731 SHALL,
UPON A FIRST CONVICTION, BE GUILTY OF A SUMMARY OFFENSE
AND SHALL BE SENTENCED TO PAY A FINE OF $500 AND TO
UNDERGO IMPRISONMENT FOR A PERIOD OF [NOT LESS THAN 60
DAYS NOR MORE THAN 90 DAYS] 60 DAYS.
(II) A SECOND VIOLATION OF THIS PARAGRAPH SHALL
CONSTITUTE A SUMMARY OFFENSE AND, UPON CONVICTION OF THIS
PARAGRAPH, A PERSON SHALL BE SENTENCED TO PAY A FINE OF
$1,000 AND TO UNDERGO IMPRISONMENT FOR [NOT LESS THAN] 90
DAYS.
* * *
(1.1) (I) A PERSON WHO HAS AN AMOUNT OF ALCOHOL BY
WEIGHT IN HIS BLOOD THAT IS EQUAL TO OR GREATER THAN .02%
AT THE TIME OF TESTING OR WHO AT THE TIME OF TESTING HAS
IN HIS BLOOD ANY AMOUNT OF A SCHEDULE I OR NONPRESCRIBED
SCHEDULE II OR III CONTROLLED SUBSTANCE, AS DEFINED IN
THE ACT OF APRIL 14, 1972 (P.L.233, NO.64), KNOWN AS THE
CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT, OR
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ITS METABOLITE OR [WHO REFUSES TESTING OF BLOOD OR
BREATH] WHO REFUSES TESTING OF BREATH UNDER SECTION 1547
OR CHEMICAL TESTING OF BLOOD 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, AND WHO DRIVES A MOTOR
VEHICLE ON ANY HIGHWAY OR TRAFFICWAY OF THIS COMMONWEALTH
AT A TIME WHEN THE PERSON'S OPERATING PRIVILEGE IS
SUSPENDED OR REVOKED AS A CONDITION OF ACCEPTANCE OF
ACCELERATED REHABILITATIVE DISPOSITION FOR A VIOLATION OF
SECTION 3802 OR FORMER SECTION 3731 OR BECAUSE OF A
VIOLATION OF SECTION 1547(B)(1) OR 3802 OR FORMER SECTION
3731 OR IS SUSPENDED UNDER SECTION 1581 FOR AN OFFENSE
SUBSTANTIALLY SIMILAR TO A VIOLATION OF SECTION 3802 OR
FORMER SECTION 3731 SHALL, UPON A FIRST CONVICTION, BE
GUILTY OF A SUMMARY OFFENSE AND SHALL BE SENTENCED TO PAY
A FINE OF $1,000 AND TO UNDERGO IMPRISONMENT FOR A PERIOD
OF [NOT LESS THAN] 90 DAYS.
* * *
SECTION 1.2. SECTION 1556(F)(2) OF TITLE 75 IS AMENDED BY
ADDING A SUBPARAGRAPH TO READ:
§ 1556. IGNITION INTERLOCK LIMITED LICENSE.
* * *
(F) SUSPENSION ELIGIBILITY.--THE FOLLOWING SHALL APPLY:
* * *
(2) AN INDIVIDUAL WHOSE LICENSE HAS BEEN SUSPENDED UNDER
SECTION 3804(E) (RELATING TO PENALTIES) SHALL BE ELIGIBLE TO
APPLY FOR AND, IF OTHERWISE QUALIFIED, BE ISSUED AN IGNITION
INTERLOCK LIMITED LICENSE UNDER THIS SECTION IF THE
INDIVIDUAL:
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* * *
(I.1) HAS NOT PREVIOUSLY COMPLETED ACCELERATED
REHABILITATIVE DISPOSITION WITHIN THE PRIOR 10 YEARS FOR
AN OFFENSE UNDER SECTION 3806(A). THE INDIVIDUAL SHALL BE
IMMEDIATELY ELIGIBLE FOR A SUSPENSION IMPOSED UNDER
SECTION 3804(E)(2)(I);
* * *
Section 2. Section 3735(a)(1) and (3) of Title 75 are
amended and the subsection is amended by adding a paragraph to
read:
§ 3735. Homicide by vehicle while driving under influence.
(a) Offense defined.--
(1) A person who unintentionally causes the death of
another person as the result of a violation of section 3802
(relating to driving under influence of alcohol or controlled
substance) and who is convicted of violating section 3802:
(i) is guilty of a felony of the second degree; [or]
(ii) is guilty of a felony of the first degree if,
before sentencing on the present violation, the person
has incurred a conviction, adjudication of delinquency[,
juvenile consent decree, acceptance of Accelerated
Rehabilitative Disposition] or other form of preliminary
disposition for any of the following:
(A) An offense under section 3802.
(B) An offense under former section 3731
(relating to driving under influence of alcohol or
controlled substance).
(C) An offense which constitutes a felony under
this subchapter.
(D) An offense substantially similar to an
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offense under clause (A), (B) or (C) in another
jurisdiction.
(E) Any combination of the offenses under clause
(A), (B), (C) or (D)[.]; or
(iii) is guilty of a felony of the first degree if
the person convicted of a violation of subsection (a) is
also convicted of a violation of section 3802(h)(1).
* * *
(3) The sentencing court shall order a person convicted
under paragraph (1)(ii) to serve a minimum term of
imprisonment of:
(i) Not less than five years if, before sentencing
on the present violation, the person has one prior
conviction, adjudication of delinquency[, juvenile
consent decree, acceptance of Accelerated Rehabilitative
Disposition] or other form of preliminary disposition for
any of the offenses listed under paragraph (1)(ii)(A),
(B), (C), (D) or (E). A consecutive five-year term of
imprisonment shall be imposed for each victim whose death
is the result of a violation of section 3802.
(ii) Not less than seven years if, before sentencing
on the present violation, the person has incurred a prior
conviction for violating section 3802(h)(1) or at least
two prior convictions, adjudications of delinquency[,
juvenile consent decrees, acceptances of Accelerated
Rehabilitative Disposition] or other forms of preliminary
disposition for any of the offenses listed under
paragraph (1)(ii)(A), (B), (C), (D) or (E). A consecutive
seven-year term of imprisonment shall be imposed for each
victim whose death is the result of a violation of
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section 3802.
(4) The sentencing court shall order a person convicted
under paragraph (1)(iii) to serve a minimum term of
imprisonment of not less than five years. A consecutive five-
year term of imprisonment shall be imposed for each victim
whose death is the result of a violation of section 3802 (h)
(1) .
* * *
Section 3. Section 3802(g) of Title 75 is amended and the
section is amended by adding a subsection to read:
§ 3802. Driving under influence of alcohol or controlled
substance.
* * *
(g) Exception to two-hour rule.--Notwithstanding the
provisions of subsection (a), (b), (c), (e) [or], (f) or (h),
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 driven, operated or
been in actual physical control of the movement of the vehicle
is sufficient to establish that element of the offense under the
following circumstances:
(1) where the Commonwealth shows good cause explaining
why the chemical test sample could not be obtained within two
hours; and
(2) where the Commonwealth establishes that the
individual did not imbibe any alcohol or utilize a controlled
substance between the time the individual was arrested and
the time the sample was obtained.
(h) Driving under the influence of alcohol or controlled
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substance following diversion.--
(1) An individual may not drive, operate or be in the
actual physical control of the movement of a vehicle in
violation of subsection (a), (b), (c), (d), (e) or (f) within
10 years after completing 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.
(2) Any of the following shall constitute sufficient
proof that 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:
(i) a certified record of the department pursuant to
section 6328 (relating to admissibility of department
records);
(ii) a record maintained by the clerk of courts; or
(iii) a substantially similar record from another
jurisdiction.
(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
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section or a substantially similar offense in another
jurisdiction.
Section 4. Section 3803 of Title 75 is amended to read:
§ 3803. Grading.
(a) Basic offenses.--Except as provided in [subsection (b)]
subsections (b) and (c):
(1) An individual who violates section 3802(a) (relating
to driving under influence of alcohol or controlled
substance) and has no more than one prior offense commits a
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 (relating to penalties).
(2) An individual who violates section 3802(a) and has
two prior offenses or has one prior offense under section
3802(h)(1) commits a misdemeanor of the second degree.
(3) An individual who violates section 3802 and has
three or more prior offenses or has previously been convicted
of a violation of section 3735 (relating to homicide by
vehicle while driving under influence) commits a felony of
the third degree.
(4) An individual who violates section 3802(a), (b), (e)
or (f) and has two prior offenses, one of which includes a
violation of section 3802(h)(1) commits a felony of the third
degree.
(b) Other offenses.--
(1) 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 in damage to a
vehicle or other property, or who violates section 3802(b),
(e) or (f) and who has one prior offense commits a
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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.
(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
3802(c) or (d) and who has no prior offenses commits a
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.
(3) 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 in damage to a
vehicle or other property, or who violates section 3802(b),
(e) or (f) and who has two prior offenses or has one prior
offense under section 3802(h)(1) commits a misdemeanor of the
first degree.
(4) 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 has one prior offense commits a
misdemeanor of the first degree.
(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
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States and the Constitution of Pennsylvania, or who violates
section 3802(c) or (d), commits:
(i) A felony of the third degree if the individual
has two prior offenses.
(i.1) A felony of the third degree if the individual
has one prior offense under section 3802 (h)(1) .
(ii) A felony of the second degree if the individual
has three or more prior offenses.
(iii) A felony of the second degree if the
individual has two prior offenses, one of which includes
a violation of section 3802 (h)(1) .
(5) An individual who violates section 3802 where a
minor under 18 years of age was an occupant in the vehicle
when the violation occurred commits:
(i) A misdemeanor of the first degree if the
individual has no more than one prior offense.
(ii) A felony of the third degree if the individual
has two or more prior offenses or has one prior offense
under section 3802(h)(1).
(c) Offenses following diversion.--
(1) An individual who violates section 3802 (h)(1) where
the underlying offense is a violation of section 3802(a),
(b), (e) or (f), commits a 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.
(2) An individual who violates section 3802 (h)(1) where
the underlying offense is a violation of section 3802(c) or
(d), commits a misdemeanor of the first degree.
Section 5. Section 3804(a)(2) and (3), (b)(2), (3) and (4),
(c)(2) and (3), (c.1)(2) and (3) and (c.2) of Title 75 are
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amended to read:
§ 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), to:
(i) undergo imprisonment for not less than five
days;
(ii) pay a fine of not less than $300 nor more than
$2,500;
(iii) attend an alcohol highway safety school
approved by the department; and
(iv) comply with all drug and alcohol treatment
requirements imposed under sections 3814 and 3815.
(3) For a third or subsequent offense or a second or
subsequent offense following a conviction for violating
section 3802(h)(1), to:
(i) undergo imprisonment of not less than ten days;
(ii) pay a fine of not less than $500 nor more than
$5,000; and
(iii) comply with all drug and alcohol treatment
requirements imposed under sections 3814 and 3815.
(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
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to a vehicle or other property or who violates section 3802(b),
(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) , to:
(i) undergo imprisonment of not less than 30 days;
(ii) pay a fine of not less than $750 nor more than
$5,000;
(iii) attend an alcohol highway safety school
approved by the department; and
(iv) comply with all drug and alcohol treatment
requirements imposed under sections 3814 and 3815.
(3) For a third offense or a second offense following a
conviction for violating section 3802 (h)(1) , to:
(i) undergo imprisonment of not less than 90 days;
(ii) pay a fine of not less than $1,500 nor more
than $10,000; and
(iii) comply with all drug and alcohol treatment
requirements imposed under sections 3814 and 3815.
(4) For a fourth or subsequent offense or a third or
subsequent offense following a conviction for violating
section 3802(h)(1), to:
(i) undergo imprisonment of not less than one year;
(ii) pay a fine of not less than $1,500 nor more
than $10,000; and
(iii) comply with all drug and alcohol treatment
requirements imposed under sections 3814 and 3815.
(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
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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) , to:
(i) undergo imprisonment of not less than 90 days;
(ii) pay a fine of not less than $1,500;
(iii) attend an alcohol highway safety school
approved by the department; and
(iv) comply with all drug and alcohol treatment
requirements imposed under sections 3814 and 3815.
(3) For a third or subsequent offense or a second or
subsequent offense following a conviction for violating
section 3802 (h)(1) , to:
(i) undergo imprisonment of not less than one year;
(ii) pay a fine of not less than $2,500; and
(iii) comply with all drug and alcohol treatment
requirements imposed under sections 3814 and 3815.
(c.1) Violation involving minor occupant.--An individual who
violates section 3803(b)(5) (relating to grading), in addition
to any penalty imposed in this chapter, shall be sentenced as
follows:
* * *
(2) For a second offense or a first offense for a
violation of section 3802(h)(1), to:
(i) pay a fine of not less than $2,500; and
(ii) undergo imprisonment of not less than one month
nor more than six months.
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(3) For a third or subsequent offense or a second or
subsequent offense following a conviction for violating
section 3802(h)(1), undergo imprisonment of not less than six
months nor more than two years.
(c.2) Consecutive sentence.--A sentence imposed upon an
individual under this section who has two or more prior offenses
or has one prior offense under section 3802(h)(1) 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.
* * *
SECTION 5.1. SECTION 3805(A.1) OF TITLE 75 IS AMENDED BY
ADDING A PARAGRAPH TO READ:
§ 3805. IGNITION INTERLOCK.
* * *
(A.1) EXCEPTION.--SUBSECTION (A) SHALL NOT APPLY TO AN
INDIVIDUAL WHO MEETS ALL OF THE FOLLOWING:
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(3) HAS NOT PREVIOUSLY COMPLETED ACCELERATED
REHABILITATIVE DISPOSITION WITHIN THE PRIOR 10 YEARS FOR AN
OFFENSE UNDER SECTION 3806(A).
* * *
Section 6. Section 3806(a) of Title 75 is amended and
subsection (b) is amended by adding a paragraph to read:
§ 3806. Prior offenses.
(a) General rule.--Except as set forth in subsection (b),
the term "prior offense" as used in this chapter shall mean any
conviction for which judgment of sentence has been imposed,
adjudication of delinquency[, juvenile consent decree,
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acceptance of Accelerated Rehabilitative Disposition] or other
form of preliminary disposition before the sentencing on the
present violation for any of the following:
(1) an offense under section 3802 (relating to driving
under influence of alcohol or controlled substance);
(2) an offense under former section 3731;
(3) an offense substantially similar to an offense under
paragraph (1) or (2) in another jurisdiction; or
(4) any combination of the offenses set forth in
paragraph (1), (2) or (3).
(b) Timing.--
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(4) When 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
section 3802 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 violating section 3802(h)(1) shall be treated
as a prior offense for the underlying violation of section
3802.
Section 7. Section 3807(b) of Title 75 is amended and the
section is amended by adding subsections to read:
§ 3807. Accelerated Rehabilitative Disposition.
* * *
(A.1) CONDITIONS OF ACCEPTANCE.--BEFORE A DEFENDANT MAY
ACCEPT ACCELERATED REHABILITATIVE DISPOSITION FOR A CHARGE
BROUGHT UNDER SECTION 3802, THE COURT SHALL CONDUCT AN INQUIRY
ON THE RECORD TO ENSURE THAT THE DEFENDANT'S ACCEPTANCE INTO
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ACCELERATED REHABILITATIVE DISPOSITION AND WAIVER OF APPLICABLE
CONSTITUTIONAL RIGHTS IS MADE KNOWINGLY, VOLUNTARILY AND
INTELLIGENTLY.
(b) Evaluation and treatment.--
(1) A defendant offered Accelerated Rehabilitative
Disposition for a violation of section 3802 is, as a
condition of participation in the program, subject to the
following requirements in addition to any other conditions of
participation imposed by the court:
(i) The defendant must attend and successfully
complete an alcohol highway safety school established
under section 1549 (relating to establishment of
schools). A participating defendant shall be given both
oral and written notice of the provisions of section
1543(b) (relating to driving while operating privilege is
suspended or revoked).
(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
and the public. If the evaluation indicates there is a
need for counseling or treatment, the defendant shall be
subject to a full assessment for [alcohol and drug
addiction] substance use disorder in accordance with the
provisions of section 3814(3) and (4) (relating to drug
and alcohol assessments).
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(iii) If the defendant is assessed under
subparagraph (ii) to be in need of treatment, the
defendant must participate and cooperate with a licensed
[alcohol or drug addiction] treatment program. The level
[and duration] of treatment shall be in accordance with
the recommendations of the full assessment. Nothing in
this subparagraph shall prevent a treatment program from
refusing to accept a defendant if the program
administrator deems the defendant to be inappropriate for
admission to the program. A treatment program shall
retain the right to immediately discharge into the
custody of the probation officer an offender who fails to
comply with program rules and treatment expectations or
refuses to constructively engage in the treatment
process.
(iv) The defendant must remain subject to court
supervision for at least six months, but not more than 12
months.
(v) The defendant must make restitution to any
person that incurred determinable financial loss as a
result of the defendant's actions which resulted in the
offense. Restitution must be subject to court
supervision.
(vi) The defendant must pay the reasonable costs of
a municipal corporation in connection with the offense.
Fees imposed under this subparagraph shall be distributed
to the affected municipal corporation.
(vii) The defendant must pay any other fee,
surcharge or cost required by law. Except as set forth in
subparagraph (vi), (viii) or (ix), a fee or financial
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condition imposed by a judge as a condition of
Accelerated Rehabilitative Disposition or any other
preliminary disposition of any charge under this chapter
shall be distributed as provided for in 42 Pa.C.S. §§
3571 (relating to Commonwealth portion of fines, etc.)
and 3573 (relating to municipal corporation portion of
fines, etc.).
(viii) The defendant must pay the costs of
compliance with subparagraphs (i), (ii) and (iii).
(ix) The defendant shall pay a cost of $50 which
shall be forwarded to the State Treasurer for deposit in
the Emergency Medical Services Operating Fund.
(2) The defendant shall be subject to a full assessment
for [alcohol and drug addiction] substance use disorder if
any of the following apply:
(i) The evaluation under paragraph (1)(ii) indicates
a likelihood that the defendant [is addicted to alcohol
or other drugs] has a substance use disorder.
(ii) The defendant's blood alcohol content at the
time of the offense was at least 0.16%.
(3) The assessment under paragraph (2) shall be
conducted by one of the following:
[(i) The Department of Health or its designee.]
(ii) The county agency with responsibility for
county drug and alcohol programs or its designee.
(iii) The clinical personnel of a facility licensed
by the [Department of Health for the conduct of drug and
alcohol addiction] Department of Drug and Alcohol
Programs for the conduct of substance use disorder
treatment programs.
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(4) The assessment under paragraph (2) shall consider
issues of public safety and shall include recommendations for
all of the following:
[(i) Length of stay.]
(ii) Levels of care.
(iii) Follow-up care and monitoring.
* * *
(f) 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.
(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 order shall be
maintained for 12 years following the date of the entry of
the order. The order shall not be subject to inspection and
duplication under the act of February 14, 2008 (P.L.6, No.3),
known as the Right-to-Know Law, and PUBLIC INSPECTION OR
DUPLICATION AND SHALL BE used solely for the purpose of
future prosecutions under section 3802(h). 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, the
clerk of court shall expunge the record of the completion of
Accelerated Rehabilitative Disposition. The clerk of court
shall not require an order of court to expunge the record.
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(G) LIMITATION.--IF A DEFENDANT FAILS TO COMPLETE
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 SECTION SHALL BE OF NO EFFECT AND SHALL NOT BE USED AGAINST
THE DEFENDANT. 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.
(g) (H) Definition.--As used in this section, the term
" substance use disorder " means a pattern of use of alcohol or
other drugs leading to clinical or functional impairment.
SECTION 8. THE INTENT OF THIS ACT IS TO RESTORE PROCEDURES
BY WHICH DEFENDANTS WHO ARE CHARGED WITH AN OFFENSE UNDER 75
PA.C.S. § 3802 MAY SECURE REHABILITATIVE TREATMENT AND A CLEAN
RECORD, WHILE ENSURING THE PUBLIC THAT REPEAT OFFENDERS WILL
FACE APPROPRIATE CONSEQUENCES AS SET BY THE GENERAL ASSEMBLY IF
THEY COMMIT SUBSEQUENT OFFENSES DESPITE THE REHABILITATIVE
OPPORTUNITY. IT IS THE INTENT OF THE GENERAL ASSEMBLY TO ADDRESS
THE PENNSYLVANIA SUPREME COURT'S DECISION IN COMMONWEALTH V.
SHIFFLETT, 335 A.3D 1158 (PA. 2025).
SECTION 9. THE PENNSYLVANIA SUPREME COURT SHALL PROMULGATE
RULES NECESSARY TO EFFECTUATE THE AMENDMENT OF 75 PA.C.S. §
3807(A.1). NOTHING IN THIS SECTION SHALL BE CONSTRUED TO MODIFY
THE EFFECTIVE DATE OF THIS ACT.
SECTION 10. NOTWITHSTANDING SECTION 9, THE AMENDMENT OF 75
PA.C.S. § 3807(A.1) SHALL APPLY BEGINNING ON THE EFFECTIVE DATE
OF THIS SECTION.
SECTION 9. THE PENNSYLVANIA SUPREME COURT CRIMINAL
PROCEDURAL RULES COMMITTEE SHALL PROMULGATE RULES AS NECESSARY
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TO ASSIST IN THE IMPLEMENTATION OF THE ADDITION OF 75 PA.C.S. §
3807(A.1). EVEN IN THE ABSENCE OF ANY SUCH ENACTED RULES, THE
ADDITION OF 75 PA.C.S. § 3807(A.1) SHALL TAKE EFFECT ON THE
EFFECTIVE DATE OF THIS ACT.
Section 8 11 10. This act shall take effect in 30 days. AS
FOLLOWS:
(1) THE FOLLOWING SHALL TAKE EFFECT IMMEDIATELY:
(I) THE ADDITION OF 42 PA.C.S. § 9756(C.2).
(II) THE AMENDMENT OF 75 PA.C.S. § 1543(B)(1)(I) AND
(II) AND (1.1)(I).
(III) THIS SECTION.
(2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 30
DAYS. IMMEDIATELY.
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