S0773B1408A04537 MSP:JSL 01/21/20 #90 A04537
AMENDMENTS TO SENATE BILL NO. 773
Sponsor: SENATOR KILLION
Printer's No. 1408
Amend Bill, page 1, line 8, by inserting after "sentencing"
and providing for 24/7 sobriety monitoring program
Amend Bill, page 2, line 4, by striking out "person" and
inserting
individual
Amend Bill, page 2, lines 5 and 6, by striking out "alcohol
content in a person" and inserting
presence of alcohol in an individual
Amend Bill, page 2, line 6, by striking out "person" where it
occurs the second time and inserting
individual
Amend Bill, page 2, line 8, by striking out "person" and
inserting
individual
Amend Bill, page 8, line 4, by striking out "An offender" and
inserting
At the court's discretion and consistent with
section 3818 (relating to 24/7 sobriety monitoring
program), an individual
Amend Bill, page 8, line 5, by striking out "shall" and
inserting
may
Amend Bill, page 8, line 6, by striking out "continuous
alcohol monitoring" and inserting
CAM
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Amend Bill, page 8, lines 8 through 30; page 9, lines 1
through 8; by striking out "Tampering with or obstructing the
CAM" in line 8, all of lines 9 through 30 on page 8 and all of
lines 1 through 8 on page 9 and inserting
(b.1) Probation.--At the court's discretion, as a condition
of a probation order and consistent with section 3818 (relating
to 24/7 sobriety monitoring program), an individual serving a
sentence for a violation of section 3802 who has two or more
prior offenses may be fitted with a CAM device for one year or
for the duration of the period of probation, whichever is less.
* * *
Section 7. Title 75 is amended by adding a section to read:
ยง 3818. 24/7 sobriety monitoring program.
(a) Establishment.--A 24/7 sobriety monitoring program is
established under the Unified Judicial System of Pennsylvania.
(b) Requirements.--The use of or participation in a 24/7
sobriety monitoring program is required in one or more of the
following for no less than 90 days as a condition of bail while
adjudication of a violation of section 3802 (relating to driving
under influence of alcohol or controlled substance) is pending
for an individual who has two or more prior offenses:
(1) A CAM device or any other similar alcohol monitoring
technology or device as determined by the court.
(2) Random drug testing or any other controlled
substance monitoring technology or device as determined by
the court.
(c) Determination and costs to be paid.--The individual
shall pay for all costs associated with the 24/7 sobriety
monitoring program, including administrative and operating costs
or costs associated with any required devices or technologies.
The court may authorize the county to finance costs associated
with the 24/7 sobriety monitoring program if the court, at any
time, determines the individual lacks the financial ability to
pay all or part of costs associated with a 24/7 sobriety
monitoring program.
(d) Financial inquiry.--A court determination under
subsection (c) shall be based on an appropriate inquiry into the
financial circumstances of the individual required to
participate in a 24/7 sobriety monitoring program and an
affidavit or certificate, signed by that individual,
demonstrating financial inability to pay all or part of the
costs associated with the 24/7 sobriety monitoring program.
(e) Prohibitions.--An individual required to participate in
a 24/7 sobriety monitoring program is prohibited from all of the
following for the duration of the 24/7 sobriety monitoring
program:
(1) Imbibing alcohol, using controlled substances or
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both as determined by the court.
(2) Tampering with devices or technologies associated
with the 24/7 sobriety monitoring program.
(3) Failing to comply with any other requirements
ordered by the court as part of the 24/7 sobriety monitoring
program.
Section 8. The Department of Transportation, in consultation
with the Pennsylvania State Police and the Administrative Office
of Pennsylvania Courts, shall evaluate the effectiveness of
driving under the influence courts in this Commonwealth and
submit a report with findings and recommendations to the
Transportation Committees of the Senate and the Transportation
Committees of the House of Representatives within six months of
the effective date of this section.
Amend Bill, page 9, line 9, by striking out "8" and inserting
9
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