Pennsylvania 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.

Bill Text

SENATE AMENDED
PRIOR PRINTER'S NOS. 1932, 1976, 2354,
2517, 2676 PRINTER'S NO. 2677
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1615
Session of
2025
INTRODUCED BY KAUFFMAN, BRIGGS, FREEMAN, GAYDOS, HANBIDGE,
D. WILLIAMS, SANCHEZ, RAPP, PROKOPIAK, ZIMMERMAN, RIVERA,
WATRO, GREEN AND K. HARRIS, JUNE 16, 2025
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, DECEMBER 9, 2025
AN ACT
Amending Title 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 AND, 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 ACCELERATED REHABILITATIVE
DISPOSITION.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1534 of Title 75 of the Pennsylvania
Consolidated Statutes is amended to read:
SECTION 1. SECTION 9756 OF TITLE 42 OF THE PENNSYLVANIA
CONSOLIDATED STATUTES IS AMENDED BY ADDING A SUBSECTION TO READ:
§ 9756. SENTENCE OF TOTAL CONFINEMENT.
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* * *
(C.2) DETERMINATE SENTENCE.-- A NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, A COURT MAY IMPOSE A DETERMINATE SENTENCE
UNDER 75 PA.C.S. (RELATING TO VEHICLES) WHERE THE VIOLATION IS
GRADED AS A SUMMARY OFFENSE AND THE MAXIMUM SENTENCE OF TOTAL
CONFINEMENT IS 90 DAYS OR LESS. NOTHING IN THIS SUBSECTION SHALL
BE CONSTRUED TO PRECLUDE AN OTHERWISE ELIGIBLE DEFENDANT FROM
WORK RELEASE OR PREVENT A COURT FROM SENTENCING A DEFENDANT TO
PROBATION, INCLUDING THE RESTRICTIVE CONDITIONS OF PROBATION
IMPOSED UNDER SECTION 9763(C).
* * *
SECTION 1.1. SECTIONS 1534 AND 1543(B)(1)(I) AND (II) AND
(1.1)(I) OF TITLE 75 ARE AMENDED TO READ:
§ 1534. Notice of acceptance and completion of Accelerated
Rehabilitative Disposition.
(a) [General rule] Acceptance notice.--Except as provided in
subsection (b), if a person is arrested for any offense
enumerated in section 1532 (relating to revocation or suspension
of operating privilege) and is offered and accepts Accelerated
Rehabilitative Disposition under general rules, the court shall
promptly notify the department.
(b) Exception.--If a person is arrested for any offense
enumerated in section 3802 (relating to driving under influence
of alcohol or controlled substance) and is offered and accepts
Accelerated Rehabilitative Disposition under this title or
general rules, the court shall promptly notify the department.
The department shall maintain a record of the acceptance of
Accelerated Rehabilitative Disposition [for a period of ten
years from the date of notification. This record shall not be
expunged by order of court or prior to the expiration of the
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ten-year period.] and make the record available to any
prosecuting attorney, court or law enforcement agency upon
request.
(b.1) Completion notice.--When a person successfully
completes Accelerated Rehabilitative Disposition under this
title or general rules for any offense enumerated in section
3802, the court shall promptly notify the department. The
department shall maintain a record of the successful completion
of Accelerated Rehabilitative Disposition and make the record
available to any prosecuting attorney, court or law enforcement
agency upon request.
(c) Expungement.--Immediately following the expiration of
[the ten-year period] 12 years after the notification provided
in subsection (b.1), the department shall expunge the record of
the acceptance and completion of Accelerated Rehabilitative
Disposition. The department shall not require an order of court
to expunge the record.
(d) Exceptions to expungement.--The department shall not be
required to expunge the record of acceptance and completion of
Accelerated Rehabilitative Disposition if:
(1) during the [ten-year] 12-year period, the department
revokes the operating privileges of a person pursuant to
section 1542 (relating to revocation of habitual offender's
license); or
(2) the person was a commercial driver at the time of
the violation causing the disposition.
§ 1543. DRIVING WHILE OPERATING PRIVILEGE IS SUSPENDED OR
REVOKED.
* * *
(B) CERTAIN OFFENSES.--
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(1) THE FOLLOWING SHALL APPLY:
(