It’s good to see, after the state’s budget showdown at the Slowdown Corral, that some items that are of importance to local residents are making their way through the state Legislature as the year comes to a close.

One of those items is legislation to fix a court-created loophole in the ARD program. In case, Comm. v. Chichkin, a defendant had completed ARD for a first DUI but picked up a second a couple years later. For sentencing purposes, even though the defendant completed the ARD program, the second DUI was counted as a second DUI, which brought enhanced mandatory minimum penalties. But there was no trial or plea on that first DUI so the defendant argued he was being sentenced to the increased penalty without the first DUI having been proved beyond a reasonable doubt. The court ultimately sided with the defendant and remanded the case back for sentencing as a first-offense DUI. The Shifflett case follows similar logic.

The decision prompted many district attorneys to shy away from using the ARD program. We can’t blame them. At the same time people who made a bad choice were losing access to a diversion program that could help them move on with their lives. A legislative solution was needed – and the legislature delivered. It’s worth noting that local state Rep. Kathy Rapp is a co-sponsor of legislation that should soon be on its way to Gov. Josh Shapiro’s desk after House passage in September was followed by Senate approval a couple of weeks ago. It needs to be approved again by the House after amendments made by the Senate, but the bill’s support indicates those amendments are a formality. Support from state Attorney General Dave Sunday is also a positive sign. The legislation authored by Rep. Rob Kauffman, R-Franklin, would establish a new “DUI Following Diversion” offense for individuals who drive under the influence within 10 years of completing an Accelerated Rehabilitative Disposition (ARD) program for a DUI offense.

Public safety isn’t served by allowing those who would drive under the influence to do so a second time without increased penalty. We’ve been among those calling for the state Legislature to fix this loophole in state law – and now legislators have done so. We hope it is signed into law by the end of the year.