SB 697 — 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.

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
 1   Amending Titles 42 (Judiciary and Judicial Procedure) and 75
 2      (Vehicles) of the Pennsylvania Consolidated Statutes, in
 3      sentencing, further providing for sentence of total
 4      confinement; in licensing of drivers, further providing for
 5      the offense of driving while operating privilege is suspended
 6      or revoked and for ignition interlock limited license; and,
 7      in driving after imbibing alcohol or utilizing drugs, further
 8      providing for ignition interlock.
 9      The General Assembly of the Commonwealth of Pennsylvania
10   hereby enacts as follows:
11      Section 1.    Section 9756 of Title 42 of the Pennsylvania
12   Consolidated Statutes is amended by adding a subsection to read:
13   § 9756.    Sentence of total confinement.
14      * * *
15      (c.2)    Determinate sentence.--A court may impose a
16   determinate sentence under 75 Pa.C.S. (relating to vehicles)
17   where the violation is graded as a summary offense and the
18   maximum sentence of total confinement is 90 days or less.
19   Nothing in this subsection shall be construed to preclude an
20   otherwise eligible defendant from work release or prevent a
21   court from sentencing a defendant to probation, including the
 1   restrictive conditions of probation imposed under section
 2   9763(c).
 3      * * *
 4      Section 2.         Sections 1543(b)(1)(i) and (ii) and (1.1)(i) and
 5   1556(b)(1) and (2) of Title 75 are amended to read:
 6   § 1543.    Driving while operating privilege is suspended or
 7                   revoked.
 8      * * *
 9      (b)     Certain offenses.--
10             (1)   The following shall apply:
11                   (i)    A person who drives a motor vehicle on a highway
12             or trafficway of this Commonwealth at a time when the
13             person's operating privilege is suspended or revoked as a
14             condition of acceptance of Accelerated Rehabilitative
15             Disposition for a violation of section 3802 (relating to
16             driving under influence of alcohol or controlled
17             substance) or the former section 3731, because of a
18             violation of section 1547(b)(1) (relating to suspension
19             for refusal) or 3802 or former section 3731 or is
20             suspended under section 1581 (relating to Driver's
21             License Compact) for an offense substantially similar to
22             a violation of section 3802 or former section 3731 shall,
23             upon a first conviction, be guilty of a summary offense
24             and shall be sentenced to pay a fine of $500 and to
25             undergo imprisonment for a period of [not less than 60
26             days nor more than 90 days] 60 days.
27                   (ii)    A second violation of this paragraph shall
28             constitute a summary offense and, upon conviction of this
29             paragraph, a person shall be sentenced to pay a fine of
30             $1,000 and to undergo imprisonment for [not less than] 90

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 1             days.
 2                 * * *
 3             (1.1)   (i)   A person who has an amount of alcohol by
 4             weight in his blood that is equal to or greater than .02%
 5             at the time of testing or who at the time of testing has
 6             in his blood any amount of a Schedule I or nonprescribed
 7             Schedule II or III controlled substance, as defined in
 8             the act of April 14, 1972 (P.L.233, No.64), known as The
 9             Controlled Substance, Drug, Device and Cosmetic Act, or
10             its metabolite or [who refuses testing of blood or
11             breath] who refuses testing of breath under section 1547
12             or chemical testing of blood pursuant to a valid search
13             warrant, court order or any other basis permissible by
14             the Constitution of the United States and the
15             Constitution of Pennsylvania, and who drives a motor
16             vehicle on any highway or trafficway of this Commonwealth
17             at a time when the person's operating privilege is
18             suspended or revoked as a condition of acceptance of
19             Accelerated Rehabilitative Disposition for a violation of
20             section 3802 or former section 3731 or because of a
21             violation of section 1547(b)(1) or 3802 or former section
22             3731 or is suspended under section 1581 for an offense
23             substantially similar to a violation of section 3802 or
24             former section 3731 shall, upon a first conviction, be
25             guilty of a summary offense and shall be sentenced to pay
26             a fine of $1,000 and to undergo imprisonment for a period
27             of [not less than] 90 days.
28                 * * *
29   § 1556.    Ignition interlock limited license.
30      * * *

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 1      (b)    Petition.--
 2             (1)     An applicant for an ignition interlock limited
 3      license shall file a petition with the department, by
 4      certified mail, on a form prescribed by the department[, and
 5      shall include proof that an approved ignition interlock
 6      system, as defined in section 3801, has been installed in one
 7      or more motor vehicles that the applicant seeks permission to
 8      operate.
 9             (2)   The petition shall also include proof of financial
10      responsibility covering each vehicle the applicant requests
11      to be permitted to operate.]. The petition shall include
12      proof of financial responsibility covering each vehicle the
13      applicant requests to be permitted to operate. As part of the
14      petition, the applicant shall be responsible for self-
15      certifying, on a form provided by the department, the
16      vehicles the applicant owns, registers and intends to
17      operate. Upon approval of the petition, the ignition
18      interlock system shall be installed in any motor vehicle to
19      be operated by the applicant, and proof of installation shall
20      be provided by the ignition interlock device vendor.
21             (2)     The department shall promulgate regulations to
22      require additional information as well as additional evidence
23      to verify the information contained in the petition.
24             * * *
25      Section 3.       Section 3805 of Title 75 is amended by adding a
26   subsection to read:
27   § 3805.    Ignition interlock.
28      * * *
29      (h.3)    Notice to department.--If a violation under subsection
30   (h.2)(1), (2) or (3) occurs in the two consecutive months prior

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 1   to the date entered on the certificate, the vendor shall notify
 2   the department as to the violation on a form designated by the
 3   department, and the department shall notify the person of the
 4   violation and that ignition interlock device usage shall
 5   continue until no violations have occurred within a 60-day
 6   period.
 7      * * *
 8      Section 4.     This act shall take effect as follows:
 9             (1)   The amendment or addition of 75 Pa.C.S. §§ 1556(b)
10      (1) and (2) and 3805(h.3) shall take effect in 11 months.
11             (2)   The remainder of this act shall take effect
12      immediately.




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