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PA Bulletin, Doc. No. 19-647c

[49 Pa.B. 2103]
[Saturday, April 27, 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 for DUI (3rd/subsq) 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 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 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 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 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 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

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