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PRIOR PRINTER'S NO. 3212 PRINTER'S NO. 3546
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2392
Session of
2026
INTRODUCED BY BENNINGHOFF, ARMANINI, COOK, FEE, FLICK, HANBIDGE,
HARKINS, HOHENSTEIN, KULIK, KUZMA, LEADBETER, McNEILL,
MERSKI, NEILSON, OLSOMMER, PICKETT, SMITH, STENDER AND
MENTZER, APRIL 15, 2026
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 8, 2026
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
ALCOHOL OR UTILIZING DRUGS, FURTHER PROVIDING FOR GRADING AND
FOR PENALTIES.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. 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
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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:
§ 5502. Operating watercraft under influence of alcohol or
controlled substance.
* * *
(a.5) Boating under the influence of alcohol or controlled
substance following diversion.--
(1) An individual may not operate or be in actual
physical control of the movement of a watercraft in violation
of subsection (a), (a.1), (a.2), (a.3) or (a.4) 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 commission;
(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
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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
(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:
* * *
(c) Grading.--
(1) [Notwithstanding the provisions of paragraph (2)]
Except as provided in paragraphs (2) and (3):
(i) An individual who violates subsection (a) 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).
(ii) An individual who violates subsection (a) 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 second degree.
(iii) An individual who violates this section and
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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.
(iv) An individual who violates subsection (a),
(a.1) or (a.4) and has two prior offenses, one of which
includes a violation of subsection (a.5), commits a
felony of the third degree.
(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).
(ii) An individual who violates subsection (a.1) or
(a.4) 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).
(iii) An individual who violates subsection (a)(1)
where the individual refused testing of [blood or] breath
under section 5125 (relating to chemical testing to
determine amount of alcohol or controlled substance) or
chemical testing of blood pursuant to a valid search
warrant 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).
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(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
[more than one prior offense] two prior offenses or has
one prior offense under subsection (a.5) commits a
misdemeanor of the first degree.
(vi) An individual who violates subsection (a.1) or
(a.4) and who has [more than one prior offense] two prior
offenses commits a misdemeanor of the first degree.
(vii) An individual who violates subsection (a)(1)
where the individual refused testing of [blood or] breath
[and who has one or more prior offenses commits a
misdemeanor of the first degree.] under section 5125 or
chemical testing of blood pursuant to a valid search
warrant or who violates subsection (a.2) or (a.3)
commits:
(A) A misdemeanor of the first degree if the
individual has one prior offense.
(B) A felony of the third degree if the
individual has two prior offenses.
(C) A felony of the third degree if the
individual has one prior offense under subsection
(a.5).
(D) A felony of the second degree if the
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individual has three or more prior offenses.
(E) A felony of the second degree if the
individual has two prior offenses, one of which
includes a violation of subsection (a.5).
[(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.]:
(A) A misdemeanor of the first degree if the
individual has no more than one prior offense.
(B) A felony of the third degree if the
individual has two or more prior offenses or has one
prior offense under subsection (a.5).
(3) (i) An individual who violates subsection (a.5)
where the underlying offense is a violation of subsection
(a), (a.1) or (a.4), 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
subsection (c.1).
(ii) An individual who violates subsection (a.5)
where the underlying offense is a violation of subsection
(a.2) or (a.3) commits a misdemeanor of the first degree.
(c.1) Penalties.--
(1) Except as set forth in paragraph (2), (3), (4) or
(5), an individual who violates subsection (a) shall be
sentenced as follows:
* * *
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(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) 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.
(2) Except as set forth in paragraph (3) or (4), 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 damage to a watercraft or other
property or who violates subsection (a.1) or (a.4) shall be
sentenced as follows:
* * *
(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) WITH AN UNDERLYING VIOLATION OF AN OFFENSE
ENUMERATED IN THIS SUBSECTION, to undergo imprisonment
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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) 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
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) 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) 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.
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* * *
(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) 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) WITH AN UNDERLYING VIOLATION
OF AN OFFENSE ENUMERATED IN THIS SUBSECTION, undergo
imprisonment for not less than six months nor more than
two years.
* * *
(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.
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(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
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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.
(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.
* * *
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(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
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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),
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(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. This act shall take effect in 60 days.
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