Pennsylvania HB 2392: An Act amending the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929, in Independent Fiscal Office, further providing for definitions and for duties of office.

Bill Text

PRIOR PRINTER'S NO. 3212 PRINTER'S NO. 3546
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2392
Session of
2026
INTRODUCED BY BENNINGHOFF, ARMANINI, COOK, FEE, FLICK, HANBIDGE,
HARKINS, HOHENSTEIN, KULIK, KUZMA, LEADBETER, McNEILL,
MERSKI, NEILSON, OLSOMMER, PICKETT, SMITH, STENDER AND
MENTZER, APRIL 15, 2026
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 8, 2026
AN ACT
Amending Title TITLES 30 (Fish), 42 (JUDICIARY AND JUDICIAL
PROCEDURE) AND 75 (VEHICLES) of the Pennsylvania Consolidated
Statutes, in operation of boats, further providing for the
offense of operating watercraft under influence of alcohol or
controlled substance.; IN SENTENCING, FURTHER PROVIDING FOR
CONDITIONS OF PROBATION; AND, IN DRIVING AFTER IMBIBING
ALCOHOL OR UTILIZING DRUGS, FURTHER PROVIDING FOR GRADING AND
FOR PENALTIES.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5502(a.5) introductory paragraph, (c) and
(c.1)(1)(ii) and (iii), (2)(ii), (iii) and (iv), (3)
introductory paragraph, (ii) and (iii) and (5)(ii) introductory
paragraph and (iii) of Title 30 of the Pennsylvania Consolidated
Statutes are amended and the section is amended by adding a
subsection to read:
SECTION 1. SECTION 5502(A.5) INTRODUCTORY PARAGRAPH, (C),
(C.1)(1)(II) AND (III), (2)(II), (III) AND (IV), (3)
INTRODUCTORY PARAGRAPH, (II) AND (III) AND (5)(II) INTRODUCTORY
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PARAGRAPH AND (III), (D) AND (N) OF TITLE 30 OF THE PENNSYLVANIA
CONSOLIDATED STATUTES ARE AMENDED AND THE SECTION IS AMENDED BY
ADDING SUBSECTIONS TO READ:
§ 5502. Operating watercraft under influence of alcohol or
controlled substance.
* * *
(a.5) Boating under the influence of alcohol or controlled
substance following diversion.--
(1) An individual may not operate or be in actual
physical control of the movement of a watercraft in violation
of subsection (a), (a.1), (a.2), (a.3) or (a.4) within 10
years after completing an Accelerated Rehabilitative
Disposition program or a pretrial diversion program
substantially similar to Accelerated Rehabilitative
Disposition in another jurisdiction for an offense under this
section or a substantially similar offense in another
jurisdiction.
(2) Any of the following shall constitute sufficient
proof that the defendant has, within the last 10 years,
completed an Accelerated Rehabilitative Disposition program
or a pretrial diversion program substantially similar to
Accelerated Rehabilitative Disposition in another
jurisdiction for an offense under this section or a
substantially similar offense in another jurisdiction:
(i) a certified record of the commission;
(ii) a record maintained by the clerk of courts; or
(iii) a substantially similar record from another
jurisdiction.
(3) Nothing in this section shall be construed as
limiting the introduction of any other competent evidence
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bearing upon the question of whether the defendant has,
within the last 10 years, completed an Accelerated
Rehabilitative Disposition program or a pretrial diversion
program substantially similar to Accelerated Rehabilitative
Disposition in another jurisdiction for an offense under this
section or a substantially similar offense in another
jurisdiction.
[(a.5)] (a.6) Exception to two-hour rule.--Notwithstanding
the provisions of subsection (a), (a.1), (a.2) [or], (a.4) or
(a.5) where alcohol or controlled substance concentration in an
individual's blood or breath is an element of the offense,
evidence of such alcohol or controlled substance concentration
more than two hours after the individual has operated or been in
actual physical control of the movement of the watercraft is
sufficient to establish that element of the offense under the
following circumstances:
* * *
(c) Grading.--
(1) [Notwithstanding the provisions of paragraph (2)]
Except as provided in paragraphs (2) and (3):
(i) An individual who violates subsection (a) and
who has no more than one prior offense commits a
misdemeanor for which the individual may be sentenced to
a term of imprisonment for not more than six months and
to pay a fine under subsection (c.1).
(ii) An individual who violates subsection (a) and
who has [more than one prior offense] two prior offenses
or has one prior offense under subsection (a.5) commits a
misdemeanor of the second degree.
(iii) An individual who violates this section and
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has three or more prior offenses or has previously been
convicted of a violation of section 5502.1 (relating to
homicide by watercraft while operating under influence)
commits a felony of the third degree.
(iv) An individual who violates subsection (a),
(a.1) or (a.4) and has two prior offenses, one of which
includes a violation of subsection (a.5), c