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PRINTER'S NO. 724
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 697
Session of
2025
INTRODUCED BY PHILLIPS-HILL, LANGERHOLC, BROWN, STEFANO,
SCHWANK, DUSH AND MASTRIANO, APRIL 30, 2025
REFERRED TO TRANSPORTATION, APRIL 30, 2025
AN ACT
Amending 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
the offense of driving while operating privilege is suspended
or revoked and for ignition interlock limited license; and,
in driving after imbibing alcohol or utilizing drugs, further
providing for ignition interlock.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
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.
* * *
(c.2) Determinate sentence.--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
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restrictive conditions of probation imposed under section
9763(c).
* * *
Section 2. Sections 1543(b)(1)(i) and (ii) and (1.1)(i) and
1556(b)(1) and (2) of Title 75 are amended to read:
§ 1543. Driving while operating privilege is suspended or
revoked.
* * *
(b) Certain offenses.--
(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
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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
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.
* * *
§ 1556. Ignition interlock limited license.
* * *
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(b) Petition.--
(1) An applicant for an ignition interlock limited
license shall file a petition with the department, by
certified mail, on a form prescribed by the department[, and
shall include proof that an approved ignition interlock
system, as defined in section 3801, has been installed in one
or more motor vehicles that the applicant seeks permission to
operate.
(2) The petition shall also include proof of financial
responsibility covering each vehicle the applicant requests
to be permitted to operate.]. The petition shall include
proof of financial responsibility covering each vehicle the
applicant requests to be permitted to operate. As part of the
petition, the applicant shall be responsible for self-
certifying, on a form provided by the department, the
vehicles the applicant owns, registers and intends to
operate. Upon approval of the petition, the ignition
interlock system shall be installed in any motor vehicle to
be operated by the applicant, and proof of installation shall
be provided by the ignition interlock device vendor.
(2) The department shall promulgate regulations to
require additional information as well as additional evidence
to verify the information contained in the petition.
* * *
Section 3. Section 3805 of Title 75 is amended by adding a
subsection to read:
§ 3805. Ignition interlock.
* * *
(h.3) Notice to department.--If a violation under subsection
(h.2)(1), (2) or (3) occurs in the two consecutive months prior
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to the date entered on the certificate, the vendor shall notify
the department as to the violation on a form designated by the
department, and the department shall notify the person of the
violation and that ignition interlock device usage shall
continue until no violations have occurred within a 60-day
period.
* * *
Section 4. This act shall take effect as follows:
(1) The amendment or addition of 75 Pa.C.S. §§ 1556(b)
(1) and (2) and 3805(h.3) shall take effect in 11 months.
(2) The remainder of this act shall take effect
immediately.
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