The Pennsylvania House Judiciary Committee has approved House Bill 1615, which would create a new Driving Under the Influence Treatment Program for individuals charged with DUI offenses.
The bill was introduced in response to the Pennsylvania Supreme Court’s ruling in Commonwealth v. Shifflett, which found it unconstitutional to count a defendant’s prior completion of the Accelerated Rehabilitative Disposition (ARD) program as a prior offense for sentencing purposes in subsequent DUI convictions.
House Bill 1615 seeks to provide an alternative program that includes constitutional safeguards highlighted by the court. Like ARD, the new program is designed to address offenders’ rehabilitative needs while allowing courts to consider participation as a prior offense if the defendant is convicted of another DUI in the future. Upon successful completion, the court may expunge the DUI offense from the individual’s criminal record.
The bill includes eligibility restrictions similar to ARD. Defendants are not eligible if:
- They have entered ARD for a DUI within the past 10 years,
- The DUI involved an accident resulting in death or serious injury,
- A passenger under the age of 14 was present in the vehicle.
House Bill 1615 now moves to the full House for further consideration.