PennsylvaniaHB 16152025-2026 Regular SessionHouseWALLET

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 licensi . . .ng 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.

Sponsored By: Rob W. Kauffman (Republican)

Signed by Governor

Personalized for You

How does this bill affect your finances?

Personalize government policy and PRIA will tell you what this bill means for your household, plus every other piece of legislation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.

Bill Overview

Analyzed Economic Effects

12 provisions identified: 3 benefits, 6 costs, 3 mixed.

Limited driving access during DUI suspensions

Drivers suspended under Pennsylvania's DUI penalty law can apply for an ignition-interlock limited license. They must meet the other license requirements and have no completed diversion within the prior 10 years for a listed offense. An ignition interlock requires a breath test before the vehicle starts. Drivers with the suspension listed in section 3804(e)(2)(i) are immediately eligible.

Diversion acceptance stops counting as conviction

Accepting Accelerated Rehabilitative Disposition, Pennsylvania's DUI diversion program, no longer counts as a listed prior offense under the DUI chapter. The law also removes diversion acceptance from listed prior events for specified fatal-DUI felony grades and longer minimum sentences. Other listed convictions and dispositions still count. Separate rules still impose consequences for a new DUI within 10 years after completing diversion.

More legal protections for diversion defendants

Before accepting DUI diversion, defendants must answer questions on the record about their understanding and free choice. The court must check that they knowingly waive the applicable constitutional rights. If diversion fails and the defendant goes to trial, required waivers and acknowledgments become ineffective and cannot be used against them. Their statements also cannot be used in criminal proceedings, except a prosecution based on false information or statements they supplied.

Recent diversion blocks an interlock exception

Drivers cannot use the ignition-interlock exception in section 3805(a.1) after completing qualifying diversion within the prior 10 years. The diversion must concern an offense listed in Pennsylvania's DUI prior-offense law.

DUI diversion requires treatment and payments

DUI diversion requires evaluation and a full substance-use assessment when screening suggests a disorder or blood alcohol reaches 0.16%. A substance use disorder means alcohol or drug use that causes clinical or functional impairment. Participants must follow recommended treatment with licensed providers and remain under court supervision for six to 12 months. They must pay victim restitution, reasonable municipal costs, required legal fees and surcharges, and the costs of meeting program conditions. They must also pay $50 for the Emergency Medical Services Operating Fund.

Fixed jail terms for suspended drivers

Driving during a specified DUI-related suspension or revocation carries a $500 fine and 60 days in jail for a first conviction. A second violation carries a $1,000 fine and 90 days. The aggravated first offense carries $1,000 and 90 days, including cases involving a blood alcohol level of at least 0.02% or the listed controlled-substance criterion. Refusing a breath test also meets the refusal criterion. Blood-test refusal counts when testing has a valid warrant, court order or another constitutionally permitted basis.

Higher penalties for DUI after diversion

A first conviction for the new DUI-after-diversion offense receives second-offense penalties; later convictions receive the applicable higher tiers. General second-tier penalties include at least five days in jail and a $300–$2,500 fine; third-tier penalties include 10 days and $500–$5,000. The severe-offense tiers carry at least 90 days and $1,500, rising to one year and $2,500. With a minor passenger, second-offense penalties include a $2,500 minimum fine and one to six months in jail; later offenses carry six months to two years. With one prior DUI-after-diversion conviction, sentences run consecutively unless they merge; that conviction can still count when the earlier diversion ended more than 10 years before the current offense.

Longer prison terms for fatal DUI

A fatal-DUI conviction becomes a first-degree felony when the driver is also convicted of the new DUI-after-diversion offense. The court must impose at least five years in prison. It must add a consecutive five-year term for each victim whose death resulted from that post-diversion violation.

New DUI charges after completing diversion

The law creates a separate DUI offense for violations within 10 years after completing qualifying Pennsylvania or out-of-state diversion. The charge is a misdemeanor, or a first-degree misdemeanor for the highest alcohol level or controlled-substance offenses. Later offenses can become third- or second-degree felonies, depending on the offense and prior record. Prosecutors can also use tests taken more than two hours after driving in these cases. They must show good cause for the delay and no alcohol or drug use between arrest and testing.

Courts gain fixed traffic sentencing options

Courts can impose a fixed jail sentence for a summary vehicle offense with a maximum confinement of 90 days or less. This does not block work release or probation for otherwise eligible people, including probation with restrictive conditions. The law does not require a uniform sentence for these offenses.

DUI assessments change providers and recommendations

Required DUI assessments can come from county drug and alcohol agencies or their designees. Clinical staff at facilities licensed by Pennsylvania's Department of Drug and Alcohol Programs can also provide them. The Department of Health and its designee are no longer listed as providers. Assessments no longer need to recommend a length of stay. They still must recommend care levels, follow-up care and monitoring.

DUI diversion records kept twelve years

Courts notify PennDOT when someone accepts and completes qualifying DUI diversion. Court clerks keep private completion orders for 12 years from entry, solely for future DUI prosecutions. Prosecutors, courts and law enforcement can request copies, and PennDOT also makes its records available to them. Clerks automatically erase completion records after 12 years; PennDOT generally erases its records 12 years after receiving completion notice. PennDOT need not erase records after a habitual-offender revocation during that period or if the person was a commercial driver when the violation occurred.

Sponsors & Cosponsors

Sponsor

  • Rob W. Kauffman

    Republican • House

Cosponsors

  • Benjamin V. Sanchez

    Democratic • House

  • Brian Smith

    Republican • House

  • Christopher M. Rabb

    Democratic • House

  • Dan K. Williams

    Democratic • House

  • Dane Watro

    Republican • House

  • David H. Zimmerman

    Republican • House

  • G. Roni Green

    Democratic • House

  • Jim Prokopiak

    Democratic • House

  • Joe Ciresi

    Democratic • House

  • Kathy L. Rapp

    Republican • House

  • Keith S. Harris

    Democratic • House

  • Liz Hanbidge

    Democratic • House

  • Nikki Rivera

    Democratic • House

  • Robert Freeman

    Democratic • House

  • Russ Diamond

    Republican • House

  • Tim Briggs

    Democratic • House

  • Valerie S. Gaydos

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 616 • No: 2

committee vote • 12/9/2025

21 0

Yes: 21 • No: 0

Senate vote • 12/9/2025

House Bill 1615 PN2677, Final Passage

Yes: 47 • No: 0

committee vote • 12/8/2025

14 0

Yes: 14 • No: 0

committee vote • 12/8/2025

14 0

Yes: 14 • No: 0

committee vote • 10/27/2025

14 0

Yes: 14 • No: 0

committee vote • 10/27/2025

14 0

Yes: 14 • No: 0

House vote • 9/30/2025

House Bill 1615 PN2354, FINAL PASSAGE

Yes: 203 • No: 0

committee vote • 9/30/2025

36 0

Yes: 36 • No: 0

House vote • 9/29/2025

House Bill 1615 PN1976 A01603

Yes: 202 • No: 1

committee vote • 6/23/2025

26 0

Yes: 26 • No: 0

committee vote • 6/23/2025

25 1

Yes: 25 • No: 1

Actions Timeline

  1. Act No. 58 of 2025

    12/22/2025Governor
  2. Approved by the Governor

    12/22/2025Governor
  3. Presented to the Governor

    12/18/2025House
  4. Signed in Senate

    12/17/2025House
  5. Signed in House

    12/17/2025House
  6. House concurred in Senate amendments (203-0)

    12/17/2025House
  7. Re-reported on concurrence, as committed

    12/17/2025House
  8. Referred to Rules

    12/15/2025House
  9. Third consideration and final passage (47-0)

    12/9/2025Senate
  10. Amended on third consideration

    12/9/2025Senate
  11. Re-reported as committed

    12/9/2025Senate
  12. Re-referred to Appropriations

    12/9/2025Senate
  13. Re-reported as amended

    12/8/2025Senate
  14. Re-committed to Transportation

    10/28/2025Senate
  15. Second consideration

    10/28/2025Senate
  16. First consideration

    10/27/2025Senate
  17. Reported as amended

    10/27/2025Senate
  18. Referred to Transportation

    10/7/2025Senate
  19. Third consideration and final passage (203-0)

    9/30/2025House
  20. Re-reported as committed

    9/30/2025House
  21. Re-committed to Appropriations

    9/29/2025House
  22. Second consideration, with amendments

    9/29/2025House
  23. Removed from table

    9/10/2025House
  24. Laid on the table

    9/10/2025House
  25. Re-reported as committed

    9/10/2025House

Bill Text

Related Bills

Back to State Legislation