Pennsylvania Act 2000-63 — JUDICIARY CODE (42 PA.C.S.) - AMEND IGNITION INTERLOCK SYSTEMS

Act text

JUDICIARY CODE (42 PA.C.S.) - AMEND IGNITION INTERLOCK SYSTEMS
                  Act of Jun. 22, 2000, P.L. 466, No. 63              Cl. 42
                             Session of 2000
                               No. 2000-63

     SB 849

                                  AN ACT

     Amending Title 42 (Judiciary and Judicial Procedure) of the
        Pennsylvania Consolidated Statutes, providing for the use of
        ignition interlock systems and for restitution for identity
        theft.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Title 42 of the Pennsylvania Consolidated
     Statutes is amended by adding a chapter to read:
                                CHAPTER 70
                        IGNITION INTERLOCK DEVICES
     Sec.
     7001.  Definitions.
     7002.  Ignition interlock systems for driving under the
            influence.
     7003.  Additional driver's license restoration requirements.
      § 7001.  Definitions.
        The following words and phrases when used in this chapter
     shall have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        "Department."  The Department of Transportation of the
     Commonwealth.
        "Ignition interlock system."  A system approved by the
     department that prevents a vehicle from being started or
     operated unless the operator first provides a breath sample
     indicating that the operator has an alcohol level of less than
     .025%.
      § 7002.  Ignition interlock systems for driving under the
                influence.
        (a)  First offense.--In addition to any other requirements
     imposed by the court, where a person has been convicted for a
     first offense under 75 Pa.C.S. § 3731 (relating to driving under
     influence of alcohol or controlled substance), the court may
     order the installation of an approved ignition interlock system
     on each motor vehicle owned by the person to be effective upon
     the restoration of operating privileges by the department. A
     record shall be submitted to the department when the court has
     ordered the installation of an approved interlock ignition
     device. Before the department may restore such person's
     operating privilege, the department must receive a certification
     from the court that the ignition interlock system has been
     installed.
        (b)  Second or subsequent offense.--In addition to any other
     requirements imposed by the court, where a person has been
     convicted of a second or subsequent violation of 75 Pa.C.S. §
     3731, the court shall order the installation of an approved
     ignition interlock device on each motor vehicle owned by the
     person to be effective upon the restoration of operating
     privileges by the department. A record shall be submitted to the
     department when the court has ordered the installation of an
     approved interlock ignition device. Before the department may
     restore such person's operating privilege, the department must
     receive a certification from the court that the ignition
     interlock system has been installed.
        (c)  Alternative disposition.--For the purpose of this
     section, acceptance of Accelerated Rehabilitative Disposition,
     an adjudication of delinquency or a consent decree under Chapter
     63 (relating to juvenile matters) or any other form of
     preliminary disposition of any charge brought under 75 Pa.C.S. §
     3731 shall be considered a first conviction.
        (d)  Department approval.--An ignition interlock system
     required to be installed under this section must be a system
     which has been approved by the department. The department's
     approval of ignition interlock systems shall be published in the
     Pennsylvania Bulletin.
      § 7003.  Additional driver's license restoration requirements.
        In addition to any other requirements established for the
     restoration of a person's operating privileges under 75 Pa.C.S.
     § 1548 (relating to requirements for driving under influence
     offenders):
            (1)  Where a person's operating privileges are suspended
        for a second or subsequent violation of 75 Pa.C.S. § 3731
        (relating to driving under influence of alcohol or controlled
        substance), or a similar out-of-State offense, and the person
        seeks a restoration of operating privileges, the court shall
        certify to the department that each motor vehicle owned by
        the person has been equipped with an approved ignition
        interlock system.
            (2)  A person seeking restoration of operating privileges
        shall apply to the department for an ignition interlock
        restricted license under 75 Pa.C.S. § 1951(d) (relating to
        driver's license and learner's permit) which will be clearly
        marked to restrict the person to operating only motor
        vehicles equipped with an approved interlock ignition system.
            (3)  During the year immediately following restoration of
        the person's operating privilege and thereafter until the
        person obtains an unrestricted license, the person shall not
        operate any motor vehicle on a highway within this
        Commonwealth unless the motor vehicle is equipped with an
        approved ignition interlock system.
            (4)  One year from the date of issuance of an ignition
        interlock restricted license under this section, if otherwise
        eligible, a person may apply for an additional replacement
        license under 75 Pa.C.S. § 1951(d) that does not contain the
        ignition interlock system restriction.
            (5)  A person whose operating privilege is suspended for
        a second or subsequent violation of 75 Pa.C.S. § 3731 or a
        similar out-of-State offense who does not apply for an
        ignition interlock restricted license shall not be eligible
        to apply for the restoration of operating privileges for an
        additional year after otherwise being eligible for
        restoration under paragraph (1).
        Section 2.  Title 42 is amended by adding a section to read:
      § 9720.1.  Restitution for identity theft.
        (a)  General rule.--The court may, in addition to any other
     restitution sentence or order authorized by law, sentence a
     person convicted of a violation of 18 Pa.C.S. § 4120 (relating
     to identity theft) to make restitution for all reasonable
     expenses incurred by the victim or on the victim's behalf:
            (1)  to investigate theft of the victim's identity;
            (2)  to bring or defend civil or criminal actions related
        to theft of the victim's identity; or
            (3)  to take other efforts to correct the victim's credit
        record or negative credit reports related to theft of the
        victim's identity.
        (b)  Types of expenses.--The types of expenses that may be
     recoverable under this section include, but are not limited to:
            (1)  attorney fees;
            (2)  fees and costs imposed by credit bureaus, associated
        with efforts to correct the victim's credit record or
        incurred in private investigations; and
            (3)  court costs and filing fees.
        Section 3.  The provisions of 42 Pa.C.S. Ch. 70 shall apply
     to all persons convicted of a second or subsequent violation of
     75 Pa.C.S. § 3731 on or after the effective date of this
     section. Nothing in this act shall prohibit a court from
     imposing its own ignition interlock requirements for first
     offenders prior to September 30, 2001.
        Section 4.  This act shall take effect as follows:
            (1)  The provisions of 42 Pa.C.S. § 9720.1 shall take
        effect July 21, 2000.
            (2)  The provisions of 42 Pa.C.S. § 7002(a) shall take
        effect September 30, 2001.
            (3)  This section shall take effect immediately.
            (4)  The remainder of this act shall take effect
        September 30, 2000, or immediately, whichever is later.

     APPROVED--The 22nd day of June, A. D. 2000.

     THOMAS J. RIDGE