HB 1615 — 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 notice of acceptance of Accelerated Rehabilitative Disposition, 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.

PRINTER'S NO.   1932

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 1615
                                               Session of
                                                 2025

     INTRODUCED BY KAUFFMAN, BRIGGS, FREEMAN, RIVERA, GAYDOS,
        HANBIDGE, D. WILLIAMS, SANCHEZ, RAPP AND PROKOPIAK,
        JUNE 16, 2025

     REFERRED TO COMMITTEE ON JUDICIARY, JUNE 16, 2025


                                    AN ACT
 1   Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
 2      Statutes, in licensing of drivers, further providing for
 3      grading, for penalties and for prior offenses; and
 4      establishing the Driving Under the Influence Treatment
 5      Program.
 6      The General Assembly of the Commonwealth of Pennsylvania
 7   hereby enacts as follows:
 8      Section 1.    Sections 1552, 3803(a) introductory paragraph and
 9   (b), 3804(a) introductory paragraph, 3806 and 3807 of Title 75
10   of the Pennsylvania Consolidated Statutes are amended to read:
11   § 1552.   [Accelerated Rehabilitative Disposition.
12      The court of common pleas in each judicial district and the
13   Municipal Court of Philadelphia shall establish and implement a
14   program for Accelerated Rehabilitative Disposition for persons
15   charged with a violation of section 3802 (relating to driving
16   under influence of alcohol or controlled substance) in
17   accordance with the provisions of this chapter, Chapter 38
18   (relating to driving after imbibing alcohol or utilizing drugs)
19   and rules adopted by the Supreme Court.] Driving Under the
 1   Influence Treatment Program.
 2      The court of common pleas in each judicial district and the
 3   Municipal Court of Philadelphia shall establish and implement a
 4   Driving Under the Influence Treatment Program in accordance with
 5   section 3807 (relating to Driving Under the Influence Treatment
 6   Program) for persons charged with a violation of section 3802
 7   (relating to driving under influence of alcohol or controlled
 8   substance) in accordance with the provisions of this chapter,
 9   Chapter 38 (relating to driving after imbibing alcohol or
10   utilizing drugs) and rules adopted by the Supreme Court.
11   § 3803.    Grading.
12      (a)    Basic offenses.--Except as provided in subsection (b)
13   and section 3807 (relating to Driving Under the Influence
14   Treatment Program):
15             * * *
16      (b)    Other offenses.--Except as provided in section 3807:
17             (1)   An individual who violates section 3802(a)(1) where
18      there was an accident resulting in bodily injury, serious
19      bodily injury or death of any person or in damage to a
20      vehicle or other property, or who violates section 3802(b),
21      (e) or (f) and who has one prior offense commits a
22      misdemeanor for which the individual may be sentenced to a
23      term of imprisonment of not more than six months and to pay a
24      fine under section 3804.
25             (2)   An individual who violates section 3802(a)(1) where
26      the individual refused testing of breath or chemical testing
27      pursuant to a valid search warrant, court order or any other
28      basis permissible by the Constitution of the United States
29      and the Constitution of Pennsylvania, or who violates section
30      3802(c) or (d) and who has no prior offenses commits a

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 1    misdemeanor for which the individual may be sentenced to a
 2    term of imprisonment of not more than six months and to pay a
 3    fine under section 3804.
 4        (3)   An individual who violates section 3802(a)(1) where
 5    there was an accident resulting in bodily injury, serious
 6    bodily injury or death of any person or in damage to a
 7    vehicle or other property, or who violates section 3802(b),
 8    (e) or (f) and who has two prior offenses commits a
 9    misdemeanor of the first degree.
10        (4)   An individual who violates section 3802(a)(1) where
11    the individual refused testing of breath or chemical testing
12    pursuant to a valid search warrant, court order or any other
13    basis permissible by the Constitution of the United States
14    and the Constitution of Pennsylvania, or who violates section
15    3802(c) or (d) and who has one prior offense commits a
16    misdemeanor of the first degree.
17        (4.1)     An individual who violates section 3802(a)(1)
18    where the individual refused testing of breath or chemical
19    testing pursuant to a valid search warrant, court order or
20    any other basis permissible by the Constitution of the United
21    States and the Constitution of Pennsylvania, or who violates
22    section 3802(c) or (d), commits:
23              (i)    A felony of the third degree if the individual
24        has two prior offenses.
25              (ii)    A felony of the second degree if the individual
26        has three or more prior offenses.
27        (5)   An individual who violates section 3802 where a
28    minor under 18 years of age was an occupant in the vehicle
29    when the violation occurred commits:
30              (i)    A misdemeanor of the first degree if the

20250HB1615PN1932                   - 3 -
 1             individual has no more than one prior offense.
 2                   (ii)   A felony of the third degree if the individual
 3             has two or more prior offenses.
 4   § 3804.    Penalties.
 5      (a)    General impairment.--Except as set forth in subsection
 6   (b) or (c) and section 3807 (relating to Driving Under the
 7   Influence Treatment Program), an individual who violates section
 8   3802(a) (relating to driving under influence of alcohol or
 9   controlled substance) shall be sentenced as follows:
10             * * *
11   § 3806.    Prior offenses.
12      (a)    General rule.--Except as set forth in subsection (b),
13   the term "prior offense" as used in this chapter shall mean any
14   conviction for which judgment of sentence has been imposed,
15   adjudication of delinquency, juvenile consent decree[,
16   acceptance of Accelerated Rehabilitative Disposition or other
17   form of preliminary disposition] or preliminary disposition
18   where a plea of guilty or nolo contendere was accepted by the
19   court, including acceptance into the Driving Under the Influence
20   Treatment Program under section 3807 (relating to Driving Under
21   the Influence Treatment Program), before the sentencing on the
22   present violation for any of the following:
23             (1)   an offense under section 3802 (relating to driving
24      under influence of alcohol or controlled substance);
25             (2)   an offense under former section 3731;
26             (3)   an offense substantially similar to an offense under
27      paragraph (1) or (2) in another jurisdiction; or
28             (4)   any combination of the offenses set forth in
29      paragraph (1), (2) or (3).
30      (b)    Timing.--

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 1             (1)    For purposes of sections 1553(d.2) (relating to
 2      occupational limited license), 1556 (relating to ignition
 3      interlock limited license), 3803 (relating to grading), 3804
 4      (relating to penalties) and 3805 (relating to ignition
 5      interlock), the prior offense must have occurred:
 6                    (i)    within 10 years prior to the date of the offense
 7             for which the defendant is being sentenced; or
 8                    (ii)    on or after the date of the offense for which
 9             the defendant is being sentenced.
10             [(2)    The court shall calculate the number of prior
11      offenses, if any, at the time of sentencing.]
12             (3) If the defendant is sentenced for two or more
13      offenses in the same day, the offenses shall be considered
14      prior offenses within the meaning of this subsection.
15   § 3807.    [Accelerated Rehabilitative Disposition.
16      (a)    Eligibility.--
17             (1)    Except as set forth in paragraph (2), a defendant
18      charged with a violation of section 3802 (relating to driving
19      under influence of alcohol or controlled substance) may be
20      considered by the attorney for the Commonwealth for
21      participation in an Accelerated Rehabilitative Disposition
22      program in a county if the program includes the minimum
23      requirements contained in this section.
24             (2)    The attorney for the Commonwealth shall not submit a
25      charge brought under this chapter for Accelerated
26      Rehabilitative Disposition if any of the following apply:
27                    (i)    The defendant has been found guilty of or
28             accepted Accelerated Rehabilitative Disposition of a
29             charge brought under section 3802 within ten years of the
30             date of the current offense unless the charge was for an

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 1          ungraded misdemeanor under section 3802(a)(2) and was the
 2          defendant's first offense under section 3802.
 3                (ii)    An accident occurred in connection with the
 4          events surrounding the current offense and an individual
 5          other than the defendant was killed or suffered serious
 6          bodily injury as a result of the accident.
 7                (iii)    There was a passenger under 14 years of age in
 8          the motor vehicle the defendant was operating.
 9    (b)   Evaluation and treatment.--
10          (1)   A defendant offered Accelerated Rehabilitative
11    Disposition for a violation of section 3802 is, as a
12    condition of participation in the program, subject to the
13    following requirements in addition to any other conditions of
14    participation imposed by the court:
15                (i)    The defendant must attend and successfully
16          complete an alcohol highway safety school established
17          under section 1549 (relating to establishment of
18          schools). A participating defendant shall be given both
19          oral and written notice of the provisions of section
20          1543(b) (relating to driving while operating privilege is
21          suspended or revoked).
22                (ii)    Prior to receiving Accelerated Rehabilitative
23          Disposition or other preliminary disposition, the
24          defendant must be evaluated under section 3816(a)
25          (relating to requirements for driving under influence
26          offenders) to determine the extent of the defendant's
27          involvement with alcohol or other drug and to assist the
28          court in determining what conditions of Accelerated
29          Rehabilitative Disposition would benefit the defendant
30          and the public. If the evaluation indicates there is a

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 1        need for counseling or treatment, the defendant shall be
 2        subject to a full assessment for alcohol and drug
 3        addiction in accordance with the provisions of section
 4        3814(3) and (4) (relating to drug and alcohol
 5        assessments).
 6             (iii)    If the defendant is assessed under
 7        subparagraph (ii) to be in need of treatment, the
 8        defendant must participate and cooperate with a licensed
 9        alcohol or drug addiction treatment program. The level
10        and duration of treatment shall be in accordance with the
11        recommendations of the full assessment. Nothing in this
12        subparagraph shall prevent a treatment program from
13        refusing to accept a defendant if the program
14        administrator deems the defendant to be inappropriate for
15        admission to the program. A treatment program shall
16        retain the right to immediately discharge into the
17        custody of the probation officer an offender who fails to
18        comply with program rules and treatment expectations or
19        refuses to constructively engage in the treatment
20        process.
21             (iv)    The defendant must remain subject to court
22        supervision for at least six months, but not more than 12
23        months.
24             (v)    The defendant must make restitution to any
25        person that incurred determinable financial loss as a
26        result of the defendant's actions which resulted in the
27        offense. Restitution must be subject to court
28        supervision.
29             (vi)    The defendant must pay the reasonable costs of
30        a municipal corporation in connection with the offense.

20250HB1615PN1932                  - 7 -
 1        Fees imposed under this subparagraph shall be distributed
 2        to the affected municipal corporation.
 3              (vii)    The defendant must pay any other fee,
 4        surcharge or cost required by law. Except as set forth in
 5        subparagraph (vi), (viii) or (ix), a fee or financial
 6        condition imposed by a judge as a condition of
 7        Accelerated Rehabilitative Disposition or any other
 8        preliminary disposition of any charge under this chapter
 9        shall be distributed as provided for in 42 Pa.C.S. §§
10        3571 (relating to Commonwealth portion of fines, etc.)
11        and 3573 (relating to municipal corporation portion of
12        fines, etc.).
13              (viii)    The defendant must pay the costs of
14        compliance with subparagraphs (i), (ii) and (iii).
15              (ix)    The defendant shall pay a cost of $50 which
16        shall be forwarded to the State Treasurer for deposit in
17        the Emergency Medical Services Operating Fund.
18        (2)   The defendant shall be subject to a full assessment
19    for alcohol and drug addiction if any of the following apply:
20              (i)    The evaluation under paragraph (1)(ii) indicates
21        a likelihood that the defendant is addicted to alcohol or
22        other drugs.
23              (ii)    The defendant's blood alcohol content at the
24        time of the offense was at least 0.16%.
25        (3)   The assessment under paragraph (2) shall be
26    conducted by one of the following:
27              (i)    The Department of Health or its designee.
28              (ii)    The county agency with responsibility for
29        county drug and alcohol programs or its designee.
30              (iii)    The clinical personnel of a facility licensed

20250HB1615PN1932                   - 8 -
 1            by the Department of Health for the conduct of drug and
 2            alcohol addiction treatment programs.
 3            (4)   The assessment under paragraph (2) shall consider
 4      issues of public safety and shall include recommendations for
 5      all of the following:
 6                  (i)    Length of stay.
 7                  (ii)    Levels of care.
 8                  (iii)    Follow-up care and monitoring.
 9      (c)   Insurance.--
10            (1)   This subsection shall only apply to a health
11      insurance, health maintenance organization or other health
12      plan required to provide benefits under section 602-A of the
13      act of May 17, 1921 (P.L.682, No.284), known as The Insurance
14      Company Law of 1921.
15            (2)   If an individual who is insured by a health
16      insurance, a health maintenance organization or other health
17      plan, that is doing business in this Commonwealth, the
18      individual may not be deprived of alcohol and other drug
19      abuse and addiction treatment or coverage within the scope of
20      that plan due to the identification of an alcohol or other
21      drug problem which occurs as a result of an assessment under
22      this section.
23      (d)   Mandatory suspension of operating privileges.--As a
24   condition of participation in an Accelerated Rehabilitative
25   Disposition program, the court shall order the defendant's
26   license suspended as follows:
27            (1)   There shall be no license suspension if the
28      defendant's blood alcohol concentration at the time of
29      testing was less than 0.10%.
30            (2)   For 30 days if the defendant's blood alcohol

20250HB1615PN1932                       - 9 -
 1    concentration at the time of testing was at least 0.10% but
 2    less than 0.16%.
 3          (3)   For 60 days if:
 4                (i)    the defendant's blood alcohol concentration at
 5          the time of testing was 0.16% or higher;
 6                (ii)    the defendant's blood alcohol concentration is
 7          not known;
 8                (iii)    an accident which resulted in bodily injury or
 9          in damage to a vehicle or other property occurred in
10          connection with the events surrounding the current
11          offense; or
12                (iv)    the defendant was charged pursuant to section
13          3802(d).
14          (4)   For 90 days if the defendant was a minor at the time
15    of the offense.
16    (e)   Failure to comply.--
17          (1)   A defendant who fails to complete any of the
18    conditions of participation contained in this section shall
19    be deemed to have unsuccessfully participated in an
20    Accelerated Rehabilitative Disposition program, and the
21    criminal record underlying participation in the program shall
22    not be expunged.
23          (2)   The court shall direct the attorney for the
24    Commonwealth to proceed on the charges as prescribed in the
25    Rules of Criminal Procedure if the defendant:
26                (i)    fails to meet any of the requirements of this
27          section;
28                (ii)    is charged with or commits an offense under 18
29          Pa.C.S. (relating to crimes and offenses); or
30                (iii)    violates any other condition imposed by the

20250HB1615PN1932                     - 10 -
 1          court.] Driving Under the Influence Treatment Program.
 2    (a)   Eligibility.--
 3          (1)   Except as set forth in paragraph (2), a defendant
 4    who enters a plea of guilty or nolo contendere to a violation
 5    of section 3802 (relating to driving under influence of
 6    alcohol or controlled substance) may be sentenced to the
 7    Driving Under the Influence Treatment Program with the
 8    consent of the prosecuting attorney if the program includes
 9    the minimum requirements contained in this section.
10          (2)   A defendant may not be eligible for the Driving
11    Under the Influence Treatment Program if any of the following
12    apply:
13                (i)    The defendant has been found guilty of or
14          accepted Accelerated Rehabilitative Disposition or other
15          form of preliminary disposition for a charge brought
16          under section 3802 within 10 years of the date of the
17          current offense unless the charge was for an ungraded
18          misdemeanor under section 3802(a)(2) and was the
19          defendant's first offense under section 3802.
20                (ii)    An accident occurred in connection with the
21          events surrounding the current offense and an individual
22          other than the defendant was killed or suffered serious
23          bodily injury as a result of the accident.
24                (iii)    There was a passenger under 14 years of age in
25          the motor vehicle the defendant was operating.
26    (b)   Evaluation and treatment.--
27          (1)   A defendant sentenced to the Driving Under the
28    Influence Treatment Program for a violation of section 3802
29    shall, as a condition of participation in the program, be
30    subject to the following requirements in addition to any

20250HB1615PN1932                     - 11 -
 1    other conditions of participation imposed by the court:
 2             (i)    The defendant shall attend and successfully
 3        complete an alcohol highway safety school established
 4        under section 1549 (relating to establishment of
 5        schools). A participating defendant shall be given both
 6        oral and written notice of the provisions of section
 7        1543(b) (relating to driving while operating privilege is
 8        suspended or revoked).
 9             (ii)    Prior to being sentenced to the Driving Under
10        the Influence Treatment Program, the defendant shall be
11        evaluated under section 3816(a) (relating to requirements
12        for driving under influence offenders) to determine the
13        extent of the defendant's involvement with alcohol or
14        other drugs and to assist the court in determining what
15        conditions of the Driving Under the Influence Treatment
16        Program would benefit the defendant and the public. If
17        the evaluation indicates there is a need for counseling
18        or treatment, the defendant shall be subject to a full
19        assessment for alcohol and drug addiction in accordance
20        with the provisions of section 3814(3) and (4) (relating
21        to drug and alcohol assessments).
22             (iii)    If the defendant is assessed under
23        subparagraph (ii) to be in need of treatment, the
24        defendant shall participate and cooperate with a licensed
25        alcohol or drug addiction treatment program. The level
26        and duration of treatment shall be in accordance with the
27        recommendations of the full assessment. Nothing in this
28        subparagraph shall prevent a treatment program from
29        refusing to accept a defendant if the program
30        administrator deems the defendant to be inappropriate for

20250HB1615PN1932                  - 12 -
 1        admission to the program. A treatment program shall
 2        retain the right to immediately discharge into the
 3        custody of the probation officer an offender who fails to
 4        comply with program rules and treatment expectations or
 5        refuses to constructively engage in the treatment
 6        process.
 7             (iv)    Notwithstanding sections 3803 (relating to
 8        grading) and 3804 (relating to penalties) and except as
 9        provided in subsection (e), the defendant shall remain
10        subject to court supervision for at least six months, but
11        not more than 12 months.
12             (v)    The defendant shall make restitution to any
13        person that incurred determinable financial loss as a
14        result of the defendant's actions which resulted in the
15        offense. Restitution must be subject to court
16        supervision.
17             (vi)    The defendant shall pay the reasonable costs of
18        a municipal corporation in connection with the offense.
19        Fees imposed under this subparagraph shall be distributed
20        to the affected municipal corporation.
21             (vii)    The defendant shall pay any other fee,
22        surcharge or cost required by law. Except as set forth in
23        subparagraph (vi), (viii), (ix), or (x), a fee or
24        financial condition imposed by a judge as a condition of
25        the Driving Under the Influence Treatment Program or any
26        other preliminary disposition of any charge under this
27        chapter shall be distributed as provided for in 42
28        Pa.C.S. §§ 3571 (relating to Commonwealth portion of
29        fines, etc.) and 3573 (relating to municipal corporation
30        portion of fines, etc.).

20250HB1615PN1932                  - 13 -
 1                (viii)    The defendant shall pay the costs of
 2          compliance with subparagraphs (i), (ii) and (iii).
 3                (ix)    The defendant shall pay a cost of $50, which
 4          shall be forwarded to the State Treasurer for deposit in
 5          the Emergency Medical Services Operating Fund.
 6                (x)    The conditions of the program may include the
 7          imposition of a reasonable charge relating to the expense
 8          of administering the program.
 9          (2)   The defendant shall be subject to a full assessment
10    for alcohol and drug addiction if any of the following apply:
11                (i)    The evaluation under paragraph (1)(ii) indicates
12          a likelihood that the defendant is addicted to alcohol or
13          other drugs.
14                (ii)    The defendant's blood alcohol content at the
15          time of the offense was at least 0.16%.
16          (3)   The assessment under paragraph (2) shall be
17    conducted by one of the following:
18                (i)    The Department of Health, or its designee.
19                (ii)    The county agency with responsibility for
20          county drug and alcohol programs, or its designee.
21                (iii)    The clinical personnel of a facility licensed
22          by the Department of Health for the conduct of drug and
23          alcohol addiction treatment programs.
24          (4)   The assessment under paragraph (2) shall consider
25    issues of public safety and shall include recommendations for
26    all of the following:
27                (i)    Length of stay.
28                (ii)    Levels of care.
29                (iii)    Follow-up care and monitoring.
30    (c)   Insurance.--

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 1            (1)   This subsection shall only apply to a health
 2      insurance, health maintenance organization or other health
 3      plan required to provide benefits under section 602-A of the
 4      act of May 17, 1921 (P.L.682, No.284), known as The Insurance
 5      Company Law of 1921.
 6            (2)   If an individual who is insured by a health
 7      insurance, a health maintenance organization or other health
 8      plan that is doing business in this Commonwealth, the
 9      individual may not be deprived of alcohol and other drug
10      abuse and addiction treatment or coverage within the scope of
11      that plan due to the identification of an alcohol or other
12      drug problem which occurs as a result of an assessment under
13      this section.
14      (d)   Mandatory suspension of operating privileges.--As a
15   condition of participation in the Driving Under the Influence
16   Treatment Program, the court shall order the defendant's license
17   suspended as follows:
18            (1)   There shall be no license suspension if the
19      defendant's blood alcohol concentration at the time of
20      testing was less than 0.10%.
21            (2)   For 30 days if the defendant's blood alcohol
22      concentration at the time of testing was at least 0.10% but
23      less than 0.16%.
24            (3)   For 60 days if:
25                  (i)    the defendant's blood alcohol concentration at
26            the time of testing was 0.16% or higher;
27                  (ii)    the defendant's blood alcohol concentration is
28            not known;
29                  (iii)   an accident which resulted in bodily injury or
30            in damage to a vehicle or other property occurred in

20250HB1615PN1932                       - 15 -
 1            connection with the events surrounding the current
 2            offense; or
 3                  (iv)    the defendant was charged pursuant to section
 4            3802(d).
 5            (4)   For 90 days if the defendant was a minor at the time
 6      of the offense.
 7      (e)   Failure to comply.--Notwithstanding 42 Pa.C.S. § 9771
 8   (relating to modification or revocation of order of probation),
 9   upon petition by the Commonwealth or supervising probation
10   department alleging a violation of the terms and conditions of
11   the Driving Under the Influence Treatment Program, the court
12   shall direct the defendant to appear for a hearing to determine
13   whether a violation has occurred. The following apply:
14            (1)   If the court determines that the defendant violated
15      the terms and conditions of the program and any of the
16      following circumstances apply, the court shall remove the
17      defendant from the Driving Under the Influence Treatment
18      Program and sentence the defendant pursuant to the applicable
19      statutes:
20                  (i)    If required under subsection (b), the defendant
21            failed to participate in and cooperate with a licensed
22            alcohol or drug addiction treatment program.
23                  (ii)    The defendant violated the terms and conditions
24            of the Driving Under the Influence Treatment Program on
25            two or more occasions.
26                  (iii)   The defendant was charged with a new offense
27            and the issuing authority has determined that the
28            Commonwealth has established a prima facie case that an
29            offense has been committed and the defendant has
30            committed it.

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 1                  (iv)    The defendant violated the terms and conditions
 2            of the Driving Under the Influence Treatment Program and
 3            the violation:
 4                         (A)   Was sexual in nature.
 5                         (B)   Involved assaultive behavior or included a
 6                  credible threat to cause bodily injury to another
 7                  individual.
 8                         (C)   Involved possession or control of a weapon.
 9                         (D)   Involved the defendant absconding from
10                  supervision.
11            (2)   Except as provided under paragraph (1), if the court
12      finds that the defendant violated the terms and conditions of
13      the program, the court may:
14                  (i)    extend the defendant's period of supervision
15            under subsection (b)(iv) by up to three months; or
16                  (ii)    impose additional conditions of participation
17            that are reasonably tailored to support the defendant's
18            rehabilitation, promote public safety and encourage
19            future compliance with the program.
20            (3)   Any defendant removed from the program under
21      paragraph (1) shall not be eligible to have their criminal
22      record expunged under subsection (f).
23      (f)   Successful completion of program.--Notwithstanding the
24   requirements of 18 Pa.C.S. § 9122 (relating to expungement),
25   upon successful completion of the Driving Under the Influence
26   Treatment Program, the court of common pleas shall enter an
27   order directing the expungement of this offense from the
28   defendant's criminal record. The following apply:
29            (1)   An expungement order under this subsection shall
30      contain the same information that is required in 234 Pa. Code

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 1    Rules 490(c) (relating to procedure for obtaining expungement
 2    in summary cases; expungement order) and 790(c) (relating to
 3    procedure for obtaining expungement in court cases;
 4    expungement order).
 5        (2)   The attorney for the Commonwealth shall be provided
 6    notice and an opportunity to object to automatic expungement
 7    under this subsection.
 8        (3)   If the attorney for the Commonwealth or supervising
 9    probation department objects to the expungement after filing
10    a petition under subsection (e), the judge shall hold a
11    hearing on the petition within 30 days.
12        (4)   Notwithstanding any expungement of the defendant's
13    criminal record pursuant to this subsection, the Department
14    of Transportation shall retain a record of the defendant's
15    conviction and sentence under this section on their official
16    driver history.
17        (5)   The prosecuting attorney and the central repository
18    shall, and the court may, maintain a list of the names and
19    other criminal history record information of persons whose
20    records are required by law or court rule to be expunged
21    where the individual has successfully completed the
22    conditions of the Driving Under the Influence Treatment
23    Program and the court has ordered expungement under this
24    section. Such information shall be used solely for the
25    purposes of determining subsequent eligibility for such
26    programs, identifying persons in criminal investigations or
27    determining the grading of subsequent offenses. Such
28    information shall be made available to any court or law
29    enforcement agency upon request.
30    Section 2.    This act shall take effect in 60 days.

20250HB1615PN1932                 - 18 -