Current law provides for an enhanced penalty for someone who is driving under suspension, when the suspension is for a DUI related offense; however, due to the enumeration of the offense, the individual must be tested in order for the enhanced penalty to be applied.

This legislation is designed to ensure testing of an individual under Section 1543, driving while operating privilege is suspended or revoked. Current language does not ensure testing.

Section 1575 currently provides that a person who is guilty of authorizing or knowingly permitting a person who is under suspension to drive his/her vehicle is subject to the same conviction of the driver. However, the section does not refer specific to a “driving while operating privilege is suspended or revoked.” Therefore, this section would be amended to include the driving while under suspension and for impoundment of the vehicle. If the police have reason to believe that the registered owner, of the vehicle being driven, knows the person driving the vehicle is under suspension for a DUI related offense the vehicle will be impounded.

Section 3732, Homicide by vehicle, would be amended to state that when a driver commits homicide by vehicle when the operating privilege is suspended as the result of a DUI, the individual may be sentenced to an additional term of imprisonment not to exceed five (5) years.

Section 6503.1, Habitual offenders, would be amended to allow for impoundment or forfeiture of the vehicle when the suspended driver is the registered owner of the vehicle.

The Pennsylvania District Attorneys Association supports the concept. Local police departments have registered support along with various individuals.

This bill has been drafted and introduced in honor of Alexzandra Loos, a 15-year-old teenager who was hit and killed by a habitual offender, one-half mile from Bentworth High School and Senator Stout’s home. Jim and Cathy Loos lost their daughter because of a driver who was under suspension for a DUI, continued to drive, received several driving while under suspension violations and yet still drove. At the time of his arrest for causing Alex’s death, the driver had accumulated 17 driving while under suspension convictions. Although the driver was 32-years-old when he hit Alex, he would not have been legally permitted to obtain a driver’s license until the age of 65. This did not stop him from getting behind the wheel and driving with total disregard to every other person he encountered. In addition, he was operating a vehicle that belonged to a family member that knowingly and willfully allowed him to drive the vehicle.