Regular Session 2023-2024 Senate Bill 0037 P.N. 0737

PRIOR PRINTER'S NO. 582

PRINTER'S NO. 737

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

Session of

2023

INTRODUCED BY BROWN, LANGERHOLC, FLYNN, STEFANO, SCHWANK,

SANTARSIERO AND CULVER, APRIL 10, 2023

SENATOR LANGERHOLC, TRANSPORTATION, AS AMENDED, MAY 10, 2023

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, in general provisions, further providing for

definitions; in licensing of drivers, further providing for

learners' permits and, for examination of applicant for

driver's license AND FOR SCHEDULE OF CONVICTIONS AND POINTS;

in rules of the road in general, further providing for

prohibiting text-based communications and providing for

prohibiting use of interactive wireless communications

devices MOBILE DEVICE; in miscellaneous provisions relating

to serious traffic offenses, further providing for the

offense of homicide by vehicle and for the offense of

aggravated assault by vehicle; and imposing penalties.

This act may be referred to as Paul Miller's Law.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The definition of "interactive wireless

communications device" in section 102 of Title 75 of the

Pennsylvania Consolidated Statutes is amended to read:

§ 102. Definitions.

Subject to additional definitions contained in subsequent

provisions of this title which are applicable to specific

provisions of this title, the following words and phrases when

used in this title shall have, unless the context clearly

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indicates otherwise, the meanings given to them in this section:

* * *

"Interactive [wireless communications] MOBILE device." A

wireless telephone, personal digital assistant, smart phone,

portable or mobile computer or similar device which can be used

for voice communication, texting, [e-mailing] emailing, browsing

the Internet [or], instant messaging[.], playing games, taking

or transmitting images, recording or broadcasting videos,

creating or sharing social media or otherwise sending or

receiving electronic data. The term does not include any of the

following:

(1) a device being used exclusively as a global

positioning or navigation system;

(2) a system or device that is physically or

electronically integrated into the vehicle[; [or], except

being

(2.1) A DEVICE THAT IS connected to the vehicle solely

for the purpose of charging the system or device;

(3) a [communications] device that is affixed to a mass

transit vehicle, bus or school bus[.];

(4) a mobile or handheld radio being used by a person

with an amateur radio station license issued by the Federal

Communications Commission;

(5) a device being used exclusively for emergency

notification purposes;

(6) a device being used exclusively by an emergency

service responder while operating an emergency vehicle and

engaged in the performance of duties; or

(7) a device being used exclusively by a commercial

driver who within the scope of the individual's employment

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uses a device if the use is permitted under regulations

promulgated under 49 U.S.C. § 31136 (relating to United

States Government regulations).

* * *

Section 2. Section 1505(e)(2) of Title 75 is amended to

read:

§ 1505. Learners' permits.

* * *

(e) Authorization to test for driver's license and junior

driver's license.--A person with a learner's permit is

authorized to take the examination for a regular or junior

driver's license for the class of vehicle for which a permit is

held. Before a person under the age of 18 years may take the

examination for a junior driver's license, including a Class M

license to operate a motorcycle, the minor must:

* * *

(2) Present to the department a certification form

signed by the father, mother, guardian, person in loco

parentis or spouse of a married minor stating that the minor

applicant has:

(i) completed 65 hours of practical driving

experience accompanied as required under subsection (b);

[and]

(ii) except for a Class M license to operate a

motorcycle, the 65 hours included no less than ten hours

of nighttime driving and five hours of inclement weather

driving[.]; and

(iii) PRINTED, AT THE DEPARTMENT'S DISCRETION, OR

viewed educational materials provided on the department's

publicly accessible Internet website on the dangers of

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distracted driving, which may include, but are not

limited to, written, electronic or video materials.

* * *

Section 3. Section 1508 of Title 75 is amended by adding a

subsection to read:

§ 1508. Examination of applicant for driver's license.

* * *

(c.1) Distracted driving awareness.--The portion of the

examination on traffic laws shall contain at least one question

on distracted driving relating to the driver's ability to

understand the effects of distracted driving. The driver's

manual shall include a section relating to distracted driving,

along with related penalties .

* * *

Section 4. Section 3316(a) and (d) of Title 75 are amended

to read:

§ 3316. Prohibiting text-based communications.

(a) Prohibition.--[No driver shall operate a motor vehicle

on a highway or trafficway in this Commonwealth while using an

interactive wireless communications device to send, read or

write a text-based communication while the vehicle is in motion.

A person does not send, read or write a text-based communication

when the person reads, selects or enters a telephone number or

name in an interactive wireless communications device for the

purpose of activating or deactivating a voice communication or a

telephone call.] No driver shall operate a motor vehicle on a

highway or trafficway in this Commonwealth while physically

using an interactive wireless communications device to send,

read or write a text-based communication. A person does not

send, read or write a text-based communication when:

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(1) the driver reads, selects or enters a telephone

number or name in an interactive wireless communications

device for the purposes of activating or deactivating a voice

communication or a telephone call; or

(2) the driver sends or receives the text-based

communication through a hands-free accessory or other system

or device integrated into the vehicle that allows for the

sending or receiving of text-based communications without the

need for the driver to touch the interactive wireless

communications device or read the text-based communication.

* * *

(d) Penalty.--[A person who violates subsection (a) commits

a summary offense and shall, upon conviction, be sentenced to

pay a fine of $50.] A person who violates subsection (a) commits

a summary offense and shall, upon conviction, be sentenced to

pay a fine of $100. The following shall apply:

(1) No points shall be added to the record of a driver

on account of a violation of this section.

(2) No costs or surcharges imposed under section 6506

(relating to surcharge) or 42 Pa.C.S. § 1725.1 (relating to

costs) shall be assessed or imposed on a conviction under

this section.

* * *

SECTION 4. SECTIONS 1535(A) AND 3316 OF TITLE 75 ARE AMENDED

TO READ:

§ 1535. SCHEDULE OF CONVICTIONS AND POINTS.

(A) GENERAL RULE.--A POINT SYSTEM FOR DRIVER EDUCATION AND

CONTROL IS HEREBY ESTABLISHED WHICH IS RELATED TO OTHER

PROVISIONS FOR USE, SUSPENSION AND REVOCATION OF THE OPERATING

PRIVILEGE AS SPECIFIED UNDER THIS TITLE. EVERY DRIVER LICENSED

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IN THIS COMMONWEALTH WHO IS CONVICTED OF ANY OF THE FOLLOWING

OFFENSES SHALL BE ASSESSED POINTS AS OF THE DATE OF VIOLATION IN

ACCORDANCE WITH THE FOLLOWING SCHEDULE:

SECTION NUMBER OFFENSE POINTS

1512

VIOLATION OF RESTRICTION ON

DRIVER'S LICENSE. 2

1571 VIOLATION CONCERNING LICENSE. 3

3102

FAILURE TO OBEY POLICEMAN OR

AUTHORIZED PERSON. 2

3111.1 OBEDIENCE TO TRAFFIC-CONTROL

DEVICES WARNING OF HAZARDOUS

CONDITIONS. 2

3112(A)(3)(I)

OR (II)

FAILURE TO STOP FOR A RED

LIGHT. 3

3114(A)(1)

FAILURE TO STOP FOR A FLASHING

RED LIGHT. 3

3302

FAILURE TO YIELD HALF OF

ROADWAY TO ONCOMING VEHICLE. 3

3303 IMPROPER PASSING. 3

3304 OTHER IMPROPER PASSING. 3

3305 OTHER IMPROPER PASSING. 3

3306(A)(1) OTHER IMPROPER PASSING. 4

3306(A)(2) OTHER IMPROPER PASSING. 3

3306(A)(3) OTHER IMPROPER PASSING. 3

3307 OTHER IMPROPER PASSING. 3

3310 FOLLOWING TOO CLOSELY. 3

3316(D)(3) TEXT-BASED COMMUNICATIONS 2

3316.1(D)(3) USE OF INTERACTIVE MOBILE

DEVICE 2

3321 FAILURE TO YIELD TO DRIVER ON 3

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THE RIGHT AT INTERSECTION.

3322

FAILURE TO YIELD TO ONCOMING

DRIVER WHEN MAKING LEFT TURN. 3

3323(B) FAILURE TO STOP FOR STOP SIGN. 3

3323(C)

FAILURE TO YIELD AT YIELD

SIGN. 3

3324

FAILURE TO YIELD WHEN ENTERING

OR CROSSING ROADWAY BETWEEN

INTERSECTIONS. 3

3327(A) OR

(A.1)

DUTY OF DRIVER IN EMERGENCY

RESPONSE AREA AND IN RELATION

TO DISABLED VEHICLES. 2

3332 IMPROPER TURNING AROUND. 3

3341(A)

FAILURE TO OBEY SIGNAL

INDICATING APPROACH OF TRAIN. 2

3341(B)

FAILURE TO COMPLY WITH

CROSSING GATE OR BARRIER. 4

(AND 30 DAYS' SUSPENSION)

3342(B) OR (E)

FAILURE TO STOP AT RAILROAD

CROSSINGS. 4

3344

FAILURE TO STOP WHEN ENTERING

FROM ALLEY, DRIVEWAY OR

BUILDING. 3

3345(A)

FAILURE TO STOP FOR SCHOOL BUS

WITH FLASHING RED LIGHTS. 5

(AND 60 DAYS' SUSPENSION)

3361

DRIVING TOO FAST FOR

CONDITIONS. 2

3362

EXCEEDING MAXIMUM SPEED.--OVER

LIMIT:

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6-10 2

11-15 3

16-25 4

26-30 5

31-OVER 5

(AND DEPARTMENTAL HEARING

AND SANCTIONS PROVIDED

UNDER SECTION 1538(D))

3365(B)

EXCEEDING SPECIAL SPEED LIMIT

IN SCHOOL ZONE. 3

(AND 60 DAYS' SUSPENSION

FOR A SECOND OR SUBSEQUENT

OFFENSE)

3365(C)

EXCEEDING SPECIAL SPEED LIMIT

FOR TRUCKS ON DOWNGRADES. 3

3542(A)

FAILURE TO YIELD TO PEDESTRIAN

IN CROSSWALK. 2

3547

FAILURE TO YIELD TO PEDESTRIAN

ON SIDEWALK. 3

3549(A)

FAILURE TO YIELD TO BLIND

PEDESTRIAN. 3

3702 IMPROPER BACKING. 3

3714(A) CARELESS DRIVING. 3

3745

LEAVING SCENE OF ACCIDENT

INVOLVING PROPERTY DAMAGE

ONLY. 4

* * *

§ 3316. PROHIBITING TEXT-BASED COMMUNICATIONS.

(A) PROHIBITION.--[NO DRIVER SHALL OPERATE A MOTOR VEHICLE

ON A HIGHWAY OR TRAFFICWAY IN THIS COMMONWEALTH WHILE USING AN

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INTERACTIVE WIRELESS COMMUNICATIONS DEVICE TO SEND, READ OR

WRITE A TEXT-BASED COMMUNICATION WHILE THE VEHICLE IS IN MOTION.

A PERSON DOES NOT SEND, READ OR WRITE A TEXT-BASED COMMUNICATION

WHEN THE PERSON READS, SELECTS OR ENTERS A TELEPHONE NUMBER OR

NAME IN AN INTERACTIVE WIRELESS COMMUNICATIONS DEVICE FOR THE

PURPOSE OF ACTIVATING OR DEACTIVATING A VOICE COMMUNICATION OR A

TELEPHONE CALL.

(B) (RESERVED).

CONSTRUED AS AUTHORIZING THE SEIZURE OR FORFEITURE OF AN

INTERACTIVE WIRELESS COMMUNICATIONS DEVICE, UNLESS OTHERWISE

PROVIDED BY LAW.

(D) PENALTY.--A PERSON WHO VIOLATES SUBSECTION (A) COMMITS A

SUMMARY OFFENSE AND SHALL, UPON CONVICTION, BE SENTENCED TO PAY

A FINE OF $50.

(E) PREEMPTION OF LOCAL ORDINANCES.--IN ACCORDANCE WITH

SECTION 6101 (RELATING TO APPLICABILITY AND UNIFORMITY OF

TITLE), THIS SECTION SUPERSEDES AND PREEMPTS ALL ORDINANCES OF

ANY MUNICIPALITY WITH REGARD TO THE USE OF AN INTERACTIVE

WIRELESS COMMUNICATIONS DEVICE BY THE DRIVER OF A MOTOR VEHICLE.

(F) DEFINITION.--AS USED IN THIS SECTION, THE TERM "TEXT-

BASED COMMUNICATION" MEANS A TEXT MESSAGE, INSTANT MESSAGE,

ELECTRONIC MAIL OR OTHER WRITTEN COMMUNICATION COMPOSED OR

RECEIVED ON AN INTERACTIVE WIRELESS COMMUNICATIONS DEVICE.]

EXCEPT AS PROVIDED IN SUBSECTION (C), A DRIVER MAY NOT ENGAGE IN

TEXTING WHILE DRIVING A MOTOR VEHICLE.

(B) EMPLOYER.--EXCEPT AS PROVIDED UNDER SUBSECTION (C), AN

EMPLOYER MAY NOT PERMIT OR REQUIRE A DRIVER OF THE EMPLOYER TO

ENGAGE IN TEXTING WHILE DRIVING A MOTOR VEHICLE.

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PERMISSIBLE BY A DRIVER OF A MOTOR VEHICLE IF NECESSARY TO

COMMUNICATE WITH A LAW ENFORCEMENT OFFICIAL OR OTHER EMERGENCY

SERVICES TO PREVENT INJURY TO PERSONS OR PROPERTY.

(D) PENALTIES.-- EXCEPT AS PROVIDED FOR IN SUBSECTION (E), A

PERSON WHO VIOLATES THIS SECTION COMMITS A SUMMARY OFFENSE. THE

FOLLOWING SHALL APPLY:

(1) FOR A FIRST CONVICTION WITH NO CONVICTION OF AND NO

PLEA OF NO CONTEST ACCEPTED TO A CHARGE OF VIOLATING THIS

SECTION WITHIN THE PREVIOUS 60-MONTH PERIOD, AS MEASURED FROM

THE DATES ANY PREVIOUS CONVICTIONS WERE OBTAINED OR PLEAS OF

NO CONTEST WERE ACCEPTED TO THE DATE THE CURRENT CONVICTION

IS OBTAINED OR PLEA OF NO CONTEST IS ACCEPTED, A FINE OF NOT

MORE THAN $150 SHALL BE IMPOSED.

(2) FOR A SECOND CONVICTION WITHIN A 60-MONTH PERIOD OF

TIME, AS MEASURED FROM THE DATES ANY PREVIOUS CONVICTIONS

WERE OBTAINED OR PLEAS OF NO CONTEST WERE ACCEPTED TO THE

DATE THE CURRENT CONVICTION IS OBTAINED OR PLEA OF NO CONTEST

IS ACCEPTED, A FINE OF NOT MORE THAN $250.

(3) FOR A THIRD OR SUBSEQUENT CONVICTION WITHIN A 60-

MONTH PERIOD OF TIME, AS MEASURED FROM THE DATES ANY PREVIOUS

CONVICTIONS WERE OBTAINED OR PLEAS OF NO CONTEST WERE

ACCEPTED TO THE DATE THE CURRENT CONVICTION IS OBTAINED OR

PLEA OF NO CONTEST IS ACCEPTED, A FINE OF NOT MORE THAN $500,

TWO POINTS AND SUSPENSION OF THE OFFENDER'S DRIVER'S LICENSE

FOR A PERIOD OF 60 DAYS SHALL BE IMPOSED.

(E) WARNING PERIOD.--FOR THE FIRST 12 MONTHS AFTER THE

EFFECTIVE DATE OF THIS SUBSECTION, A DRIVER WHO VIOLATES

SUBSECTION (A) MAY ONLY BE ISSUED A WRITTEN WARNING FOR A

VIOLATION.

(F) LAW ENFORCEMENT EDUCATION.--THE DEPARTMENT, IN

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CONSULTATION WITH THE PENNSYLVANIA STATE POLICE, SHALL DEVELOP

AND ELECTRONICALLY DISTRIBUTE EDUCATION MATERIALS FOR LAW

ENFORCEMENT ON HOW TO EFFECTIVELY DETECT DISTRACTED DRIVERS,

REGARDLESS OF AGE, SEX, RACE OR ETHNICITY, WHO VIOLATE THIS

SECTION.

(G) PROHIBITION ON SIMILAR CITATIONS.--A PERSON MAY NOT BE

CHARGED WITH A VIOLATION OF SECTION 3316.1 (RELATING TO

PROHIBITING USE OF INTERACTIVE MOBILE DEVICE) CONCURRENTLY WITH

A VIOLATION OF SUBSECTION (A) FOR AN OFFENSE COMMITTED AT THE

SAME TIME AND PLACE.

(H) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING

WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS

SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:

"DRIVING." OPERATING A MOTOR VEHICLE ON A HIGHWAY, INCLUDING

WHILE THE MOTOR VEHICLE IS TEMPORARILY STATIONARY BECAUSE OF

TRAFFIC, A TRAFFIC CONTROL DEVICE OR OTHER MOMENTARY DELAY. THE

TERM DOES NOT INCLUDE OPERATING A MOTOR VEHICLE IF THE DRIVER

MOVED THE VEHICLE TO THE SIDE OF OR OFF OF A HIGHWAY AND HALTED

IN A LOCATION WHERE THE VEHICLE CAN SAFELY REMAIN STATIONARY.

"ELECTRONIC DEVICE." THE TERM INCLUDES, BUT IS NOT LIMITED

TO, A CELLULAR TELEPHONE, PERSONAL DIGITAL ASSISTANT, PAGER,

COMPUTER OR ANY OTHER DEVICE USED TO INPUT, WRITE, SEND, RECEIVE

OR READ TEXT OR IMAGES.

"TEXTING." MANUALLY ENTERING ALPHANUMERIC TEXT INTO OR

READING TEXT FROM AN ELECTRONIC DEVICE. THE FOLLOWING SHALL

APPLY:

(1) THE TERM INCLUDES, BUT IS NOT LIMITED TO, SHORT

MESSAGE SERVICE, EMAILING, INSTANT MESSAGING, A COMMAND OR

REQUEST TO ACCESS AN INTERNET WEB PAGE, PRESSING MORE THAN A

SINGLE BUTTON TO INITIATE OR TERMINATE A VOICE COMMUNICATION

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USING A MOBILE TELEPHONE OR ENGAGING IN ANY OTHER FORM OF

ELECTRONIC TEXT RETRIEVAL OR ENTRY, FOR PRESENT OR FUTURE

COMMUNICATION.

(2) THE TERM DOES NOT INCLUDE:

(I) INPUTTING, SELECTING OR READING INFORMATION ON A

GLOBAL POSITIONING SYSTEM OR NAVIGATION SYSTEM.

(II) PRESSING A SINGLE BUTTON TO INITIATE OR

TERMINATE A VOICE COMMUNICATION USING A MOBILE TELEPHONE.

(III) USING A DEVICE CAPABLE OF PERFORMING MULTIPLE

FUNCTIONS, INCLUDING FLEET MANAGEMENT SYSTEMS,

DISPATCHING DEVICES, CITIZENS BAND RADIOS AND MUSIC

PLAYERS, FOR A PURPOSE THAT IS NOT PROHIBITED BY THIS

SECTION.

Section 5. Title 75 is amended by adding a section to read:

§ 3316.1. Prohibiting use of interactive wireless

communications devices MOBILE DEVICE .

(a) Prohibition.--No driver shall operate a motor vehicle on

a highway or trafficway in this Commonwealth while physically

holding or supporting with their body an interactive wireless

communications device, unless the motor vehicle is parked on the

side or shoulder of a highway or trafficway in this Commonwealth

where the motor vehicle is safely able to remain stationary.

(b) Seizure.--The provisions of this section shall not be

construed as authorizing the seizure or forfeiture of an

interactive wireless communications device unless otherwise

provided by law.

(1) Except as provided for in paragraph (2) and

subsection (f), a person who violates this section commits a

summary offense. The following shall apply:

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(i) For a first conviction with no conviction of and

(A) MOTOR VEHICLE.--EXCEPT AS PROVIDED UNDER SUBSECTION (C),

A DRIVER MAY NOT USE AN INTERACTIVE MOBILE DEVICE WHILE DRIVING

A MOTOR VEHICLE.

(B) EMPLOYER.--EXCEPT AS PROVIDED UNDER SUBSECTION (C), AN

EMPLOYER MAY NOT PERMIT OR REQUIRE A DRIVER OF THE EMPLOYER TO

USE AN INTERACTIVE MOBILE DEVICE WHILE DRIVING A MOTOR VEHICLE.

DEVICE SHALL BE PERMISSIBLE BY A DRIVER OF A MOTOR VEHICLE IF

NECESSARY TO COMMUNICATE WITH A LAW ENFORCEMENT OFFICIAL OR

OTHER EMERGENCY SERVICES TO PREVENT INJURY TO PERSONS OR

PROPERTY.

(D) PENALTIES.-- EXCEPT AS PROVIDED FOR IN SUBSECTION (G), A

PERSON WHO VIOLATES THIS SECTION COMMITS A SUMMARY OFFENSE. THE

FOLLOWING SHALL APPLY:

(1) FOR A FIRST CONVICTION WITH NO CONVICTION OF AND no

plea of no contest accepted to a charge of violating this

section within the previous 24-month 60-MONTH period, as

measured from the dates any previous convictions were

obtained or pleas of no contest were accepted to the date the

current conviction is obtained or plea of no contest is

accepted, a fine of not more than $150 shall be imposed.

(ii) For a second conviction within a 24-month

(2) FOR A SECOND CONVICTION WITHIN A 60-MONTH period of

time, as measured from the dates any previous convictions

were obtained or pleas of no contest were accepted to the

date the current conviction is obtained or plea of no contest

is accepted, a fine of not more than $250. and two points

shall be imposed.

(iii) For a third or subsequent conviction within a

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24-month

(3) FOR A THIRD OR SUBSEQUENT CONVICTION WITHIN A 60-

MONTH period of time, as measured from the dates any previous

convictions were obtained or pleas of no contest were

accepted to the date the current conviction is obtained or

plea of no contest is accepted, a fine of not more than $500,

three TWO points and , at the court's discretion, suspension

of the offender's driver's license for a period of 60 days

shall be imposed.

(2) A person appearing before a court for a first charge

of violating this section who produces in court a device or

proof of purchase of the device that would allow the person

to comply with this section in the future shall not be guilty

of the offense. The court shall require the person to affirm

that they have not previously utilized the privilege under

this section.

(3) A person convicted of a violation of any law or

ordinance pertaining to speed when the offender was also

distracted, as described in this section, shall have points

imposed as follows:

(i) When the speed exceeds the lawful speed limit by

30 miles per hour or more, four points.

(ii) When the speed exceeds the lawful speed limit

of 55 miles per hour or more by more than 10 miles per

hour, three points.

(iii) When the speed exceeds the lawful speed limit

of less than 55 miles per hour by more than five miles

per hour, three points.

(4) A person who causes physical harm to property as the

proximate result of committing a violation of this section

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commits a misdemeanor of the first degree. In addition to any

other authorized penalty, the court shall impose upon the

offender a fine of not less than $500 and not more than

$1,000 and three points.

(5) A person who causes serious physical harm to another

person as the proximate result of committing a violation of

this section commits aggravated assault by vehicle and shall

be subject to the sentencing provisions under section 3732.1

(relating to aggravated assault by vehicle).

(6) A person who causes the death of another person as

the proximate result of committing a violation of this

section commits homicide by vehicle and shall be subject to

the sentencing provisions under section 3732 (relating to

homicide by vehicle).

(d) (E) Preemption of local ordinances.--In accordance with

section 6101 (relating to applicability and uniformity of

title), this section supersedes and preempts all ordinances of

any municipality with regard to the use of an interactive

wireless communications device INTERACTIVE MOBILE DEVICE by a

driver of a motor vehicle.

(e) (F) Law enforcement education.--The department, in

consultation with the Pennsylvania State Police, shall develop

and electronically distribute education materials for law

enforcement on how to effectively detect distracted drivers,

regardless of age, sex, race or ethnicity, who violate this

section.

(f) (G) Warning period.--For the first six 12 months after

the effective date of this subsection, a driver who violates

subsection (a) may only be issued a written warning for a

violation.

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(g) (H) Prohibition on similar citations.-- No person may A

PERSON MAY NOT be charged with a violation of section 3316

(relating to prohibiting text-based communications) concurrently

with a violation of subsection (a) for an offense committed at

the same time and place.

(h) Reporting.--

(1) When a law enforcement officer employed by a police

department with at least 100 officers issues a citation for a

violation of this section, the law enforcement officer must

record the following:

(i) the reason for the stop;

(ii) the date, time and street address or

approximate location of the stop;

(iii) the perceived race and ethnicity of the driver

subject to the stop;

(iv) the perceived gender and age of the driver

subject to the stop;

(v) whether a search was initiated, including a

search of a vehicle or the vehicle operator and, if a

search was initiated, whether the search was conducted

with the consent of the operator;

(vi) the results of any search;

(vii) whether the stop or subsequent search resulted

in a warning, citation, arrest or other action; and

(viii) the badge number of the police officer

initiating the stop.

(2) All law enforcement agencies with at least 100

officers must maintain and report the information under

paragraph (1) to the Administrative Office of Pennsylvania

Courts in a form and manner determined by the Administrative

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Office of Pennsylvania Courts.

(I) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING

WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS

SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:

"DRIVING." OPERATING A MOTOR VEHICLE ON A HIGHWAY, INCLUDING

WHILE THE MOTOR VEHICLE IS TEMPORARILY STATIONARY BECAUSE OF

TRAFFIC, A TRAFFIC CONTROL DEVICE OR OTHER MOMENTARY DELAY. THE

TERM DOES NOT INCLUDE OPERATING A MOTOR VEHICLE IF THE DRIVER

MOVED THE VEHICLE TO THE SIDE OF OR OFF OF A HIGHWAY AND HALTED

IN A LOCATION WHERE THE VEHICLE CAN SAFELY REMAIN STATIONARY.

"USE AN INTERACTIVE MOBILE DEVICE." AS FOLLOWS:

(1) USING AT LEAST ONE HAND TO HOLD, OR SUPPORTING WITH

ANOTHER PART OF THE BODY, AN INTERACTIVE MOBILE DEVICE TO

CONDUCT A VOICE COMMUNICATION.

(2) DIALING OR ANSWERING AN INTERACTIVE MOBILE DEVICE BY

PRESSING MORE THAN A SINGLE BUTTON.

(3) REACHING FOR AN INTERACTIVE MOBILE DEVICE IN A

MANNER THAT REQUIRES A DRIVER TO MANEUVER SO THAT THE DRIVER

IS NO LONGER IN A SEATED DRIVING POSITION, RESTRAINED BY A

SEAT BELT THAT IS INSTALLED IN ACCORDANCE WITH 49 CFR 393.93

(RELATING TO SEATS, SEAT BELT ASSEMBLIES, AND SEAT BELT

ASSEMBLY ANCHORAGES) AND ADJUSTED IN ACCORDANCE WITH THE

VEHICLE MANUFACTURER'S INSTRUCTIONS.

Section 6. Sections 3732(b)(1.1) and (3) and 3732.1(b)(2)

and (4) of Title 75 are amended to read:

§ 3732. Homicide by vehicle.

* * *

(b) Sentencing.--

* * *

(1.1) In addition to any other penalty provided by law,

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a person convicted of a violation of subsection (a) who is

also convicted of a violation of section 1501 (relating to

drivers required to be licensed), 1543 (relating to driving

while operating privilege is suspended or revoked), 3316

(relating to prohibiting text-based communications), 3316.1

(relating to prohibiting use of interactive wireless

communications devices MOBILE DEVICE ), 3325 (relating to duty

of driver on approach of emergency vehicle) or 3327 (relating

to duty of driver in emergency response areas and in relation

to disabled vehicles) may be sentenced to an additional term

not to exceed five years' confinement.

* * *

(3) The Pennsylvania Commission on Sentencing, pursuant

to 42 Pa.C.S. § 2154 (relating to adoption of guidelines for

sentencing), shall provide for a sentencing enhancement for

an offense under this section when the violation occurred in

an active work zone or the individual was also convicted of a

violation of section 1501, 1543, 3316, 3316.1, 3325 or 3327.

§ 3732.1. Aggravated assault by vehicle.

* * *

(b) Sentencing.--

* * *

(2) In addition to any other penalty provided by law, a

person convicted of a violation of subsection (a) who is also

convicted of a violation of section 1501 (relating to drivers

required to be licensed), 1543 (relating to driving while

operating privilege is suspended or revoked), 3316 (relating

to prohibiting text-based communications), 3316.1 (relating

to prohibiting use of interactive wireless communications

devices MOBILE DEVICE ), 3325 (relating to duty of driver on

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approach of emergency vehicle) or 3327 (relating to duty of

driver in emergency response areas and in relation to

disabled vehicles) may be sentenced to an additional term not

to exceed two years' confinement.

* * *

(4) The Pennsylvania Commission on Sentencing, under 42

Pa.C.S. § 2154 (relating to adoption of guidelines for

sentencing), shall provide for a sentencing enhancement for

an offense under this section when the violation occurred in

an active work zone or the individual was also convicted of a

violation of section 1501, 1543, 3316, 3316.1, 3325 or 3327.

Section 7. This act shall take effect in 180 days 12 MONTHS.

20230SB0037PN0737 - 19 -

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