Pennsylvania lawmakers have approved a bipartisan overhaul of the state’s DUI sentencing structure after a high court ruling that disrupted how such cases are prosecuted.
House Bill 1615, which passed both the Pennsylvania House and Senate, is headed to the desk of Democratic Gov. Josh Shapiro.
The legislation creates a new criminal offense, titled “DUI Following Diversion.”
The new offense applies to individuals who drive under the influence within 10 years of completing Accelerated Rehabilitative Disposition (ARD), a program typically reserved for first-time, nonviolent offenders.
Under the bill, a first conviction for “DUI Following Diversion” would be penalized as a second offense.
The General Assembly introduced the measure in response to the Pennsylvania Supreme Court’s decision in Commonwealth v. Shifflett.
The ruling, which impacted DUI cases across the state, held that because ARD is a pre-trial diversionary program and not a conviction, using it to increase penalties for future offenses violated a defendant’s constitutional rights.
The court’s decision meant that drivers who committed a second DUI after completing ARD had to be sentenced as first-time offenders.
“This bill remedies a state court’s ruling that essentially disregards a first DUI offense resulting in ARD when a second DUI conviction occurs,” Pennsylvania Attorney General David Sunday said in a statement. “While I am an advocate of second chances when appropriate … there is no such thing as a freebie when it comes to driving while intoxicated.”
The bill was introduced by State Rep. Rob Kauffman, a Republican from Franklin County, and was cosponsored by State Rep. Jim Prokopiak, a Democrat from Falls Township, along with a bipartisan coalition.
To address the constitutional concerns raised by the court, the bill establishes new procedural requirements.
Before entering ARD for a DUI, a court must conduct a recorded inquiry to ensure the defendant is “knowingly, voluntarily and intelligently” waiving certain rights.
If the defendant fails the program and goes to trial, any acknowledgments made during that inquiry cannot be used against them.
The bill also makes some other changes to the state’s laws.
In addition, PennDOT would be required to maintain records of ARD completion for 12 years, after which the records would be automatically expunged.
People guilty of DUI Homicide by Vehicle while also meeting the criteria for DUI Following Diversion would face a first-degree felony. Convictions would carry a mandatory minimum of five years in prison, with consecutive five-year terms for each additional victim.
The bill also will give judges the authority to impose determinate sentences for summary traffic violations that carry a maximum penalty of 90 days in jail.
Sunday, a Republican, noted that the change is a matter of public safety.
“Every time someone makes the intentional decision to get behind the wheel intoxicated, they endanger every person they encounter on the roadway,” Sunday said.
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