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.
Status: Referred to APPROPRIATIONS (as of 2020-05-07)
State: Pennsylvania · Session: 2019-2020 · Bill: HB 2392
Sponsors: Gleim, Donatucci, Dush, Ecker, Keefer, Lee, Nelson, Rothman, Ryan
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 <-- <-- <-- <--1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 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 20260HB2392PN3546 - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 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 20260HB2392PN3546 - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 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
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