Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

• No statutes or acts will be found at this website.

The Pennsylvania Bulletin website includes the following: Rulemakings by State agencies; Proposed Rulemakings by State agencies; State agency notices; the Governor’s Proclamations and Executive Orders; Actions by the General Assembly; and Statewide and local court rules.

PA Bulletin, Doc. No. 19-1356c

[49 Pa.B. 5110]
[Saturday, September 7, 2019]

[Continued from previous Web Page]

JUDICIAL CODE

42 Pa.C.S. §  DESCRIPTION STATUTORY CLASS § 303.3 OFFENSE GRAVITY SCORE § 303.7 PRIOR RECORD SCORE POINTS
4583.1(a)(1) Agg. jury tampering-employ force/violence (charged crime Mur 1/Mur 2/F-1) F-1 11 4
4583.1(a)(1) Agg. jury tampering-employ force/violence (charged crime F-2) F-2 9 2
4583.1(a)(1) Agg. jury tampering-employ force/violence (any other charged crime) F-3 7 1
4583.1(a)(2) Agg. jury tampering-pecuniary/benefit (charged crime Mur 1/Mur 2/F-1) F-1 11 4
4583.1(a)(2) Agg. jury tampering-pecuniary/benefit (charged crime F-2) F-2 9 2
4583.1(a)(2) Agg. jury tampering-pecuniary/benefit (any other charged crime) F-3 7 1
4583.1(a)(3) Agg. jury tampering-further conspiracy (charged crime Mur 1/Mur 2/F-1) F-1 11 4
4583.1(a)(3) Agg. jury tampering-further conspiracy (charged crime F-2) F-2 9 2
4583.1(a)(3) Agg. jury tampering-further conspiracy (any other charged crime) F-3 7 1
4583.1(a)(4) Agg. jury tampering-accept pecuniary benefit (charged crime Mur 1/Mur 2/F-1) F-1 11 4
4583.1(a)(4) Agg. jury tampering-accept pecuniary benefit (charged crime F-2) F-2 9 2
4583.1(a)(4) Agg. jury tampering-accept pecuniary benefit (any other charged crime) F-3 7 1

VEHICLE LAW OFFENSES

75 Pa.C.S. § DESCRIPTION STATUTORY CLASS § 303.3 OFFENSE GRAVITY SCORE § 303.7 PRIOR RECORD SCORE POINTS
1543(b)(1)(iii) Drive w/ suspended/revoked license as condition of ARD/conviction for DUI (3rd /
subsq off)
M-3 1 m
1543(b)(1.1)(ii) Drive w/ susp. lic. & BAC >=0.02 / or under influence of controlled subst. (2nd off) M-3 1 m
1543(b)(1.1)(iii) Drive w/ susp. lic. & BAC >=0.02 / or under influence of controlled subst. (3rd/subsq off) M-1 3 m
1571(a.1) Violations concerning licenses-agents issuing altered driver's license F-3 5 1
1571(a)(5) Violations concerning licenses-exhibit fictitious driver's license M-1 3 m
3105(g)(2) Unauth. operation of preemptive device M-3 1 m
3367 Racing on highways (2nd/subsq off) M 1 m
3712(a) Abandonment of vehicles-on highway (3rd/subsq off) M-3 1 m
3712(b) Abandonment of vehicles-public/private property (3rd/subsq off) M-3 1 m
3712.2(a) Stripping abandoned vehicles (2nd/subsq off) F-3 5 1
3712.2(a) Stripping abandoned vehicles (1st off) M-3 1 m
3732(a)* Homicide by vehicle-w/ one additional factor from each of the following two categories present during the criminal incident: 1) DUI conviction or texting (75-3316) and 2) active work zone (75-3326), emergency vehicle (75-3325), or emergency response area (75-3327) F-31 10 1
3732(a)* Homicide by vehicle-w/ one additional factor from each of the following two categories present during the criminal incident: 1) DUI conviction or texting (75-3316) and 2) required to be licensed (75-1501), operating privilege suspended/revoked (75-1543) F-31 10 1
3732(a)* Homicide by vehicle-w/ one additional factor from each of the following two categories present during the criminal incident: 1)  required to be licensed (75-1501), operating privilege suspended/revoked (75-1543) and 2) active work zone (75-3326), emergency vehicle (75-3325), or emergency response area (75-3327) F-31 8 1
3732(a)* Homicide by vehicle-w/ one additional factor present during the criminal incident:  DUI conviction, texting (75-3316), required to be licensed (75-1501), operating privilege suspended/ revoked (75-1543), active work zone (75-3326), emergency vehicle (75-3325), or emergency response area (75-3327) F-31 8 1
3732(a)* Homicide by vehicle F-3 6 1
3732.1(a)* Aggravated assault by vehicle w/ one additional factor from each of the following two categories present during the criminal incident: 1) DUI conviction or texting (75-3316) and 2) active work zone (75-3326), emergency vehicle (75-3325), or emergency response area (75-3327) F-32 9 1
3732.1(a)* Aggravated assault by vehicle w/ one additional factor from each of the following two categories present during the criminal incident: 1) DUI conviction or texting (75-3316) and 2) required to be licensed (75-1501), operating privilege suspended/revoked (75-1543) F-32 9 1
3732.1(a)* Aggravated assault by vehicle w/ one additional factor from each of the following two categories present during the criminal incident: 1)  required to be licensed (75-1501), operating privilege suspended/revoked (75-1543) and 2) active work zone (75-3326), emergency vehicle (75-3325), or emergency response area (75-3327) F-32 7 1
3732.1(a)* Aggravated assault by vehicle w/ one additional factor present during the criminal incident:  DUI conviction, texting (75-3316), required to be licensed (75-1501), operating privilege suspended/revoked (75-1543), active work zone (75-3326), emergency vehicle (75-3325), or emergency response area (75-3327) F-32 7 1
3732.1(a)* Aggravated assault by vehicle F-3 5 1
3733(a) Fleeing or eluding police officer M-2 2 m
3733(a) Fleeing or eluding police officer-with DUI/cross state line/high-speed chase F-3 5 1
3735(a)(1)(i) Homicide by vehicle while DUI F-2 10 2
3735(a)(1)(ii) Homicide by vehicle while DUI (prior DUI) F-1 11 3
3735.1(a) Aggravated assault by vehicle while DUI F-2 9 2
3735.1(a.1)* Aggravated assault by vehicle while DUI-required to be licensed (75-1501) or operating privilege suspended/revoked (75-1543) F-2 10 2
3742(a) Accident involving death/personal injury-failure to stop (death) F-2 9 2
3742(a) Accident involving death/personal injury-failure to stop (SBI) F-3 5 1
3742(a) Accident involving death/personal injury-failure to stop (injury) M-1 3 m
3742.1(a)(1)* Accident involving death/personal injury-not properly licensed (death) F-3 6 1
3742.1(a)(1)* Accident involving death/personal injury-not properly licensed (SBI) F-3 5 1
3742.1(a)(1) Accident involving death/personal injury-not properly licensed M-2 2 m
3742.1(a)(2) Accident involving death/personal injury-not properly licensed: acting with negligence (death) M-2 3 m
3742.1(a)(2) Accident involving death/personal injury-not properly licensed: acting with negligence (SBI) M-3 2 m
3743(a) Accident involving damage to attended vehicle or property M-3 1 m
3802 Driving under the influence of alcohol or controlled substance (DUI) (See mandatory provisions § 303.9(i)) § 303.7(a)
3802(a)(1) DUI-general impairment/incapable of safe driving (1st off) M 1 m
3802(a)(1) DUI-general impairment/incapable of safe driving (2nd off) M 1 1
3802(a)(1) DUI-general impairment/incapable of safe driving (3rd[/subsq] off) M-2 3 1
3802(a)(1) DUI-general impairment/incapable of safe driving (4th/subsq off) F-3 6 1
3802(a)(1) DUI-general impairment/incapable of safe driving (prior conviction 75-3735) F-3 6 1
3802(a)(1) DUI-general impairment/incapable of safe driving (minor occupant; 1st/2nd off) M-1 5 1
3802(a)(1) DUI-general impairment/incapable of safe driving (minor occupant; 3rd/subsq off) F-3 6 1
3802(a)(1) DUI-incapable of safe driving: refused testing (1st off) M 1 m
3802(a)(1) DUI-incapable of safe driving: refused testing (2nd off) M-1 5 1
3802(a)(1) DUI-incapable of safe driving: refused testing (3rd/subsq off) [M-1] F-3 [5] 6 1
3802(a)(1) DUI-incapable of safe driving: refused testing (prior conviction 75-3735) F-3 6 1
3802(a)(1) DUI-incapable of safe driving: refused testing (minor occupant; 1st/2nd off) M-1 5 1
3802(a)(1) DUI-incapable of safe driving: refused testing (minor occupant; 3rd/subsq off) F-3 6 1
3802(a)(1) DUI-incapable of safe driving: accident w/BI/SBI/death (1st off) M 1 m
3802(a)(1) DUI-incapable of safe driving: accident w/BI/SBI/death (2nd off) M 1 1
3802(a)(1) DUI-incapable of safe driving: accident w/BI/SBI/death (3rd off) M-1 5 1
3802(a)(1) DUI-incapable of safe driving: accident w/BI/SBI/death (4th/subsq off) [M-1] F-3 [5] 6 1
3802(a)(1) DUI-incapable of safe driving: accident w/BI/SBI/death (prior conviction 75-3735) F-3 6 1
3802(a)(1) DUI-incapable of safe driving: accident w/BI/SBI/death (minor occupant; 1st/2nd off) M-1 5 1
3802(a)(1) DUI-incapable of safe driving: accident w/BI/SBI/death (minor occupant; 3rd/subsq off) F-3 6 1
3802(a)(1) DUI-incapable of safe driving: damage to vehicle/property (1st off) M 1 m
3802(a)(1) DUI-incapable of safe driving: damage to vehicle/property (2nd off) M 1 1
3802(a)(1) DUI-incapable of safe driving: damage to vehicle/property (3rd off) M-1 5 1
3802(a)(1) DUI-incapable of safe driving: damage to vehicle/property (4th/subsq off) [M-1] F-3 [5] 6 1
3802(a)(1) DUI-incapable of safe driving: damage to vehicle/property (prior conviction 75-3735) F-3 6 1
3802(a)(1) DUI-incapable of safe driving: damage to vehicle/property (minor occupant; 1st/2nd off) M-1 5 1
3802(a)(1) DUI-incapable of safe driving: damage to vehicle/property (minor occupant; 3rd/subsq off) F-3 6 1
3802(a)(2) DUI-general impairment: BAC .08-<.10 (1st off) M 1 m
3802(a)(2) DUI-general impairment: BAC .08-<.10 (2nd off) M 1 1
3802(a)(2) DUI-general impairment: BAC .08-<.10 (3rd[/subsq] off) M-2 3 1
3802(a)(2) DUI-general impairment: BAC .08-<.10 (4th/subsq off) F-3 6 1
3802(a)(2) DUI-general impairment: BAC .08-<.10 (prior conviction 75-3735) F-3 6 1
3802(a)(2) DUI-general impairment: BAC .08-<.10 (minor occupant; 1st/2nd off) M-1 5 1
3802(a)(2) DUI-general impairment: BAC .08-<.10 (minor occupant; 3rd/subsq off) F-3 6 1
3802(b) DUI-high rate of alcohol: BAC .10-< .16 (1st off) M 1 m
3802(b) DUI-high rate of alcohol: BAC .10-< .16 (2nd off) M 1 1
3802(b) DUI-high rate of alcohol: BAC .10-< .16 (3rd off) M-1 5 1
3802(b) DUI-high rate of alcohol: BAC .10-<.16 (4th/subsq off) [M-1] F-3 [5] 6 1
3802(b) DUI-high rate of alcohol: BAC .10-<.16 (prior conviction 75-3735) F-3 6 1
3802(b) DUI-high rate of alcohol: BAC .10-<.16 (minor occupant; 1st/2nd off) M-1 5 1
3802(b) DUI-high rate of alcohol: BAC .10-<.16 (minor occupant; 3rd/subsq off) F-3 6 1
3802(c) DUI-highest rate of alcohol: BAC >=.16 (1st off) M 1 m
3802(c) DUI-highest rate of alcohol: BAC >=.16 (2nd off) M-1 5 1
3802(c) DUI-highest rate of alcohol: BAC >=.16 (3rd/subsq off) [M-1] F-3 [5] 6 1
3802(c) DUI-highest rate of alcohol: BAC >=.16 (prior conviction 75-3735) F-3 6 1
3802(c) DUI-highest rate of alcohol: BAC >=.16 (minor occupant; 1st/2nd off) M-1 5 1
3802(c) DUI-highest rate of alcohol: BAC >=.16 (minor occupant; 3rd/subsq off) F-3 6 1
3802(d)(1)(i) DUI-controlled substances: Sched I (1st off) M 1 m
3802(d)(1)(i) DUI-controlled substances: Sched I (2nd off) M-1 5 1
3802(d)(1)(i) DUI-controlled substances: Sched I (3rd/subsq off) [M-1] F-3 [5] 6 1
3802(d)(1)(i) DUI-controlled substances: Sched I (prior conviction 75-3735) F-3 6 1
3802(d)(1)(i) DUI-controlled substances: Sched I (minor occupant; 1st/2nd off)) M-1 5 1
3802(d)(1)(i) DUI-controlled substances: Sched I (minor occupant; 3rd/subsq off) F-3 6 1
3802(d)(1)(ii) DUI-controlled substances: Sched II/III (1st off) M 1 m
3802(d)(1)(ii) DUI-controlled substances: Sched II/III (2nd off) M-1 5 1
3802(d)(1)(ii) DUI-controlled substances: Sched II/III (3rd/subsq off) [M-1] F-3 [5] 6 1
3802(d)(1)(ii) DUI-controlled substances: Sched II/III (prior conviction 75-3735) F-3 6 1
3802(d)(1)(ii) DUI-controlled substances: Sched II/III (minor occupant; 1st/2nd off) M-1 5 1
3802(d)(1)(ii) DUI-controlled substances: Sched II/III (minor occupant; 3rd/subsq off) F-3 6 1
3802(d)(1)(iii) DUI-controlled substances: metabolite of Sched I/II/III (1st off) M 1 m
3802(d)(1)(iii) DUI-controlled substances: metabolite of Sched I/II/III (2nd off) M-1 5 1
3802(d)(1)(iii) DUI-controlled substances: metabolite of Sched I/II/III (3rd/subsq off) [M-1] F-3 [5] 6 1
3802(d)(1)(iii) DUI-controlled substances: metabolite of Sched I/II/III (prior conviction 75-3735) F-3 6 1
3802(d)(1)(iii) DUI-controlled substances: metabolite of Sched I/II/III (minor occupant; 1st/2nd off)) M-1 5 1
3802(d)(1)(iii) DUI-controlled substances: metabolite of Sched I/II/III (minor occupant; 3rd/subsq off)) F-3 6 1
3802(d)(2) DUI-controlled substances & incapable of safe driving (1st off) M 1 m
3802(d)(2) DUI-controlled substances & incapable of safe driving (2nd off) M-1 5 1
3802(d)(2) DUI-controlled substances & incapable of safe driving (3rd/subsq off) [M-1] F-3 [5] 6 1
3802(d)(2) DUI-controlled substances & incapable of safe driving (prior conviction 75-3735) F-3 6 1
3802(d)(2) DUI-controlled substances & incapable of safe driving (minor occupant; 1st/2nd off) M-1 5 1
3802(d)(2) DUI-controlled substances & incapable of safe driving (minor occupant; 3rd/subsq off) F-3 6 1
3802(d)(3) DUI-controlled substances & alcohol &incapable of safe driving (1st off) M 1 m
3802(d)(3) DUI-controlled substances & alcohol & incapable of safe driving (2nd off) M-1 5 1
3802(d)(3) DUI-controlled substances & alcohol & incapable of safe driving (3rd/subsq off) [M-1] F-3 [5] 6 1
3802(d)(3) DUI-controlled substances & alcohol & incapable of safe driving (prior conviction 75-3735) F-3 6 1
3802(d)(3) DUI-controlled substances & alcohol & incapable of safe driving (minor occupant; 1st/2nd off) M-1 5 1
3802(d)(3) DUI-controlled substances & alcohol & incapable of safe driving (minor occupant; 3rd/subsq off) F-3 6 1
3802(d)(4) DUI-controlled substances: solvent, etc. (1st off) M 1 m
3802(d)(4) DUI-controlled substances: solvent, etc. (2nd off) M-1 5 1
3802(d)(4) DUI-controlled substances: solvent, etc. (3rd/subsq off) [M-1] F-3 [5] 6 1
3802(d)(4) DUI-controlled substances: solvent, etc. (prior conviction 75-3735) F-3 6 1
3802(d)(4) DUI-controlled substances: solvent, etc. (minor occupant; 1st/2nd off) M-1 5 1
3802(d)(4) DUI-controlled substances: solvent, etc. (minor occupant; 3rd/subsq off) F-3 6 1
3802(e) DUI-minor driver (1st off) M 1 m
3802(e) DUI-minor driver (2nd off) M 1 1
3802(e) DUI-minor driver (3rd off) M-1 5 1
3802(e) DUI-minor driver (4th/subsq off) [M-1] F-3 [5] 6 1
3802(e) DUI-minor driver (prior conviction 75-3735) F-3 6 1
3802(e) DUI-minor driver (minor occupant; 1st/2nd off) M-1 5 1
3802(e) DUI-minor driver (minor occupant; 3rd/subsq off) F-3 6 1
3802(f)(1)(i) DUI-commercial vehicles (1st off) M 1 m
3802(f)(1)(i) DUI-commercial vehicles (2nd off) M 1 1
3802(f)(1)(i) DUI-commercial vehicles (3rd off) M-1 [6] 5 1
3802(f)(1)(i) DUI-commercial vehicles (4th/subsq off) [M-1] F-3 [7] 6 1
3802(f)(1)(i) DUI-commercial vehicles (prior conviction 75-3735) F-3 6 1
3802(f)(1)(i) DUI-commercial vehicles (minor occupant; 1st/2nd off) M-1 5 1
3802(f)(1)(i) DUI-commercial vehicles (minor occupant; 3rd/subsq off) F-3 6 1
3802(f)(1)(ii) DUI-school vehicles (1st off) M 1 m
3802(f)(1)(ii) DUI-school vehicles (2nd off) M 1 1
3802(f)(1)(ii) DUI-school vehicles (3rd off) M-1 [6] 5 1
3802(f)(1)(ii) DUI-school vehicles (4th/subsq off) [M-1] F-3 [7] 6 1
3802(f)(1)(ii) >DUI-school vehicles (prior conviction 75-3735) F-3 6 1
3802(f)(1)(ii) DUI-school vehicles (minor occupant; 1st/2nd off) M-1 5 1
3802(f)(1)(ii) DUI-school vehicles (minor occupant; 3rd/subsq off) F-3 6 1
3802(f)(2) DUI-commercial/school vehicles & incapable of safe driving (1st off) M 1 m
3802(f)(2) DUI-commercial/school vehicles & incapable of safe driving (2nd off) M 1 1
3802(f)(2) DUI-commercial/school vehicles & incapable of safe driving (3rd off) M-1 [6] 5 1
3802(f)(2) DUI-commercial/school vehicles & incapable of safe driving (4th/subsq off) [M-1] F-3 [7] 6 1
3802(f)(2) DUI-commercial/school vehicles & incapable of safe driving (prior conviction 75-3735) F-3 6 1
3802(f)(2) DUI-commercial/school vehicles & incapable of safe driving (minor occupant; 1st/2nd off) M-1 5 1
3802(f)(2) DUI-commercial/school vehicles & incapable of safe driving (minor occupant; 3rd/subsq off) F-3 6 1
3802(f)(3) DUI-commercial/school vehicles & controlled substances (1st off) M 1 m
3802(f)(3) DUI-commercial/school vehicles & controlled substances (2nd off) M 1 1
3802(f)(3) DUI-commercial/school vehicles & controlled substances (3rd off) M-1 [6] 5 1
3802(f)(3) DUI-commercial/school vehicles & controlled substances (4th/subsq) [M-1] F-3 [7] 6 1
3802(f)(3) DUI-commercial/school vehicles & controlled substances (prior conviction 75-3735) F-3 6 1
3802(f)(3) DUI-commercial/school vehicles & controlled substances (minor occupant; 1st/2nd off) M-1 5 1
3802(f)(3) DUI-commercial/school vehicles & controlled substances (minor occupant; 3rd/subsq off) F-3 6 1
3802(f)(4) DUI-commercial/school vehicles & controlled substances & alcohol (1st off) M 1 m
3802(f)(4) DUI-commercial/school vehicles & controlled substances & alcohol (2nd off) M 1 1
3802(f)(4) DUI-commercial/school vehicles & controlled substances & alcohol (3rd off) M-1 [6] 5 1
3802(f)(4) DUI-commercial/school vehicles & controlled substances & alcohol (4th/subsq off) [M-1] F-3 [7] 6 1
3802(f)(4) DUI-commercial/school vehicles & controlled substances & alcohol (prior conviction 75-3735) F-3 6 1
3802(f)(4) DUI-commercial/school vehicles & controlled substances & alcohol (minor occupant; 1st/2nd off) M-1 5 1
3802(f)(4) DUI-commercial/school vehicles & controlled substances & alcohol (minor occupant; 3rd/subsq off) F-3 6 1
3808(a)(1) Illegally operating motor vehicle not equipped with ignition interlock-no BAC M 1 m
3808 (a)(2) Illegally operating motor vehicle not equipped with ignition interlock-BAC >=.025) M-3 1 m
3808(b) Tampering with ignition interlock system-using/providing breath sample M 1 m
6308(d) Investigation by police officers-records M-3 1 m
6503.1 Habitual offenders M-2 2 m
7111 Deal in titles/plates for stolen vehicles M-1 3 m
7112 False report of theft or conversion of vehicle M-3 1 m
7121 False application for title or registration M-1 3 m
7122 Altered/forged/counterfeit title/plates M-1 3 m
8306(b) Willful violation-hazardous materials transportation regs (1st off) M-3 1 m
8306(c) Subsq willful violation-hazardous materials transportation regs (w/in 2 yrs) M-2 2 m

*=subcategorized offenses. See § 303.3(b)
m=other misdemeanor offense. See § 303.7(a)(5)

1 statutory maximum increased by 5 years if offense occurred in active work zone [(maximum=12 years)] or
[statutory maximum increased by 5 years]
if also convicted of 75 § 1501, 75 § 1543, 75 § 3316, 75 § 3325 or 75 § 3327 (maximum=12 years)

2 statutory maximum increased by 2 years if offense occurred in active work zone [(maximum=9 years)] or
[statutory maximum increased by 2 years] if also convicted of 75 § 1501, 75 § 1543, 75 § 3316, 75 § 3325 or 75 § 3327 (maximum=9 years)


OMNIBUS ASSIGNMENTS

OMNIBUS ASSIGNMENTS STATUTORY CLASS
§ 303.3 OFFENSE GRAVITY SCORE § 303.7
PRIOR
RECORD POINTS
Offenses not otherwise listed and new offenses: F-1 8 3
F-2 7 2
F-3 5 1
Felony Not Classified 5 1
  
M-1 3 m
M-2 2 m
M-3 1 m
Misdemeanor Not Classified 1 m

§ 303.16(a). Basic Sentencing Matrix.

§ 303.16(b). Basic Sentencing Matrix for Offenders [Under Age 18] Convicted of 1st or 2nd Degree Murder.

§ 303.17(a). Deadly Weapon Enhancement/Possessed Matrix.

§ 303.17(b). Deadly Weapon Enhancement/Used Matrix.

§ 303.18(a). [Youth] School Enhancement Matrix.

§ 303.18(b). [School] Youth Enhancement Matrix.

§ 303.18(c). [Youth and School] School and Youth Enhancement Matrix.


[Pa.B. Doc. No. 19-1356. Filed for public inspection September 6, 2019, 9:00 a.m.]



No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.