ACLU-PA Position: Opposes
HB 773 (PN 769), also known as “Deana’s Law,” would impose mandatory consecutive sentences for DUI offenses to be served consecutive to any other sentence imposed by the court. HB 773 would also enhance the penalty for someone with prior DUI offenses to a second-degree felony, punishable by 5-10 years in prison and up to $25,000 in fines, simply for refusing to take a breath or chemical test.
To be clear, this penalty enhancement is not triggered by the infliction of bodily injury or death, but for refusing a test—charged the same as other second-degree felony offenses, such as statutory sexual assault or involuntary manslaughter of a child under 12 years old.
Governor Wolf signed HB 773 into law on July 11, 2022 as Act 59 of 2022.