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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY BREWSTER, FONTANA, RAFFERTY, TARTAGLIONE, SOLOBAY, COSTA AND WASHINGTON, FEBRUARY 14, 2011 |
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| REFERRED TO TRANSPORTATION, FEBRUARY 14, 2011 |
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| AN ACT |
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1 | Amending Title 75 (Vehicles) of the Pennsylvania Consolidated |
2 | Statutes, in offenses in general, further providing for |
3 | leaving an unattended child in a motor vehicle; and, in |
4 | driving after imbibing alcohol or utilizing drugs, further |
5 | providing for penalties. |
6 | The General Assembly of the Commonwealth of Pennsylvania |
7 | hereby enacts as follows: |
8 | Section 1. Sections 3701.1 and 3804(b) and (e)(2) of Title |
9 | 75 of the Pennsylvania Consolidated Statutes are amended to |
10 | read: |
11 | § 3701.1. Leaving an unattended child in a motor vehicle. |
12 | (a) General rule.--A person driving or in charge of a motor |
13 | vehicle may not permit a child under six years of age to remain |
14 | unattended in the vehicle when the motor vehicle is out of the |
15 | person's sight and under circumstances which endanger the |
16 | health, safety or welfare of the child. |
17 | [(a.1) Applicability.--This section shall apply to the |
18 | highways and trafficways of this Commonwealth and, for the |
19 | purposes of this section only, the term "trafficways" shall |
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1 | include, but not be limited to, parking lots. |
2 | (b) Penalty.--A person who violates this section commits a |
3 | summary offense. It is a separate offense for each child left |
4 | unattended.] |
5 | (c) School bus or school vehicle.-β |
6 | (1) A driver of a school bus, school vehicle or any |
7 | other motor vehicle who either is employed by a school |
8 | district or transports pupils under a contract with the |
9 | school district commits an offense if he intentionally, |
10 | knowingly, recklessly or negligently leaves a pupil |
11 | unattended in a school bus, school vehicle or other vehicle |
12 | when the school bus, school vehicle or other vehicle is out |
13 | of the driver's sight and under circumstances which endanger |
14 | the health, safety or welfare of the pupil. |
15 | (2) Failure of the driver to strictly comply with all |
16 | regulations promulgated by the State Board of Education |
17 | governing the transportation of school pupils shall be prima |
18 | facie evidence of a violation of this subsection. |
19 | (d) Suspension of operating privilege.-β |
20 | (1) The department shall suspend the school bus driver |
21 | endorsement of a driver held by the driver pursuant to |
22 | section 1509 (relating to qualifications for school bus |
23 | driver endorsement) upon receiving a certified record of the |
24 | driver's conviction under subsection (c). |
25 | (2) The suspension shall be as follows: |
26 | (i) For a first offense, 30 days. |
27 | (ii) For a second offense, 60 days. |
28 | (e) Revocation of school bus driver endorsement.-βThe |
29 | department shall permanently revoke any school bus driver |
30 | endorsement held by a driver pursuant to section 1509 upon |
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1 | receiving a certified record of the driver's third conviction |
2 | under subsection (c). |
3 | (f) Applicability.--This section shall apply to the highways |
4 | and trafficways of this Commonwealth and, for the purposes of |
5 | this section only, the term "trafficways" shall include, but not |
6 | be limited to, parking lots. |
7 | (g) Penalties.-β |
8 | (1) A person who violates subsection (a) commits a |
9 | summary offense. It is a separate offense for each child left |
10 | unattended. |
11 | (2) A person who violates subsection (c) commits a |
12 | summary offense and shall be subject to: |
13 | (i) A fine not to exceed $300 for a first offense. |
14 | (ii) A fine of not less than $300 nor more than |
15 | $1,000 for a second offense. |
16 | (iii) A fine of not less than $1,000 nor more than |
17 | $1,500 for a third offense. |
18 | § 3804. Penalties. |
19 | * * * |
20 | (b) High rate of blood alcohol; minors; commercial vehicles |
21 | and school buses and school vehicles; accidents.--Except as set |
22 | forth in subsection (c), an individual who violates section |
23 | 3802(a)(1) where there was an accident resulting in bodily |
24 | injury, serious bodily injury or death of any person or damage |
25 | to a vehicle or other property or who violates section 3802(b), |
26 | (e) or (f) shall be sentenced as follows: |
27 | (1) For a first offense, to: |
28 | (i) undergo imprisonment of not less than 48 |
29 | consecutive hours or not less than 30 days for a |
30 | violation of section 3802(f) involving a school bus or |
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1 | school vehicle; |
2 | (ii) pay a fine of not less than $500 nor more than |
3 | $5,000 or not less than $5,000 nor more than $10,000 for |
4 | a violation of section 3802(f) involving a school bus or |
5 | school vehicle; |
6 | (iii) attend an alcohol highway safety school |
7 | approved by the department; and |
8 | (iv) comply with all drug and alcohol treatment |
9 | requirements imposed under sections 3814 and 3815. |
10 | (2) For a second offense, to: |
11 | (i) undergo imprisonment of not less than 30 days or |
12 | not less than 90 days for a violation of section 3802(f) |
13 | involving a school bus or school vehicle; |
14 | (ii) pay a fine of not less than $750 nor more than |
15 | $5,000 or not less than $7,500 nor more than $15,000 for |
16 | a violation of section 3802(f) involving a school bus or |
17 | school vehicle; |
18 | (iii) attend an alcohol highway safety school |
19 | approved by the department; and |
20 | (iv) comply with all drug and alcohol treatment |
21 | requirements imposed under sections 3814 and 3815. |
22 | (3) For a third offense, to: |
23 | (i) undergo imprisonment of not less than 90 days or |
24 | not less than one year for a violation of section 3802(f) |
25 | involving a school bus or school vehicle; |
26 | (ii) pay a fine of not less than $1,500 nor more |
27 | than $10,000 or not less than $10,000 nor more than |
28 | $20,000 for a violation of section 3802(f) involving a |
29 | school bus or school vehicle; and |
30 | (iii) comply with all drug and alcohol treatment |
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1 | requirements imposed under sections 3814 and 3815. |
2 | (4) For a fourth or subsequent offense, to: |
3 | (i) undergo imprisonment of not less than one year |
4 | or not less than five years for a violation of section |
5 | 3802(f) involving a school bus or school vehicle; |
6 | (ii) pay a fine of not less than $1,500 nor more |
7 | than $10,000 or not less than $15,000 nor more than |
8 | $25,000 for a violation of section 3802(f) involving a |
9 | school bus or school vehicle; and |
10 | (iii) comply with all drug and alcohol treatment |
11 | requirements imposed under sections 3814 and 3815. |
12 | * * * |
13 | (e) Suspension of operating privileges upon conviction.-- |
14 | * * * |
15 | (2) Suspension under paragraph (1) shall be in |
16 | accordance with the following: |
17 | (i) Except as provided for in subparagraph (iii), 12 |
18 | months for an ungraded misdemeanor or misdemeanor of the |
19 | second degree under this chapter. |
20 | (ii) 18 months for a misdemeanor of the first degree |
21 | under this chapter. |
22 | (ii.1) 24 months for violation of section 3802(f) |
23 | involving a school bus or school vehicle. |
24 | (iii) There shall be no suspension for an ungraded |
25 | misdemeanor under section 3802(a) where the person is |
26 | subject to the penalties provided in subsection (a) and |
27 | the person has no prior offense. |
28 | (iv) For suspensions imposed under paragraph (1) |
29 | (ii), notwithstanding any provision of law or enforcement |
30 | agreement to the contrary, all of the following apply: |
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1 | (A) Suspensions shall be in accordance with |
2 | Subchapter D of Chapter 15 (relating to the Driver's |
3 | License Compact). |
4 | (B) In calculating the term of a suspension for |
5 | an offense that is substantially similar to an |
6 | offense enumerated in section 3802, the department |
7 | shall presume that if the conduct reported had |
8 | occurred in this Commonwealth then the person would |
9 | have been convicted under section 3802(a)(2). |
10 | (v) Notwithstanding any other provision of law or |
11 | enforcement agreement to the contrary, the department |
12 | shall suspend the operating privilege of a driver for six |
13 | months upon receiving a certified record of a consent |
14 | decree granted under 42 Pa.C.S. Ch. 63 (relating to |
15 | juvenile matters) based on section 3802. |
16 | * * * |
17 | Section 2. This act shall take effect in 60 days. |
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