PRINTER'S NO. 1469
No. 1193 Session of 1989
INTRODUCED BY SHAFFER, CORMAN, JONES, HELFRICK, GREENWOOD,
MADIGAN, HOPPER, ROCKS, SHUMAKER, PECORA, JUBELIRER,
ARMSTRONG, SALVATORE, O'PAKE, HESS, RHOADES, BELAN AND
WILLIAMS, AUGUST 15, 1989
REFERRED TO JUDICIARY, AUGUST 15, 1989
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for period of revocation or
3 suspension of operating privilege and for requirements for
4 driving under influence offenders.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 1541 of Title 75 of the Pennsylvania
8 Consolidated Statutes is amended by adding a subsection to read:
9 § 1541. Period of revocation or suspension of operating
10 privilege.
11 * * *
12 (d) Continued suspension of operating privilege.--A
13 defendant ordered by the court under section 1548 (relating to
14 requirements for driving under influence offenders), as the
15 result of a conviction or Accelerated Rehabilitative Disposition
16 of a violation of section 3731 (relating to driving under
17 influence of alcohol or controlled substance), to attend a
18 counseling or treatment program for alcohol or drug addiction
1 must satisfy all requirements of the counseling or treatment
2 program before the defendant's driver's license may be restored.
3 Satisfactory completion of a counseling or treatment program
4 includes the payment of all court-imposed fines and costs, as
5 well as fees to be paid to the counseling or treatment program
6 by the defendant. If a defendant fails to satisfy the
7 requirements of a counseling or treatment program, the
8 suspension shall remain in place beyond the period imposed by
9 the court and continue until the defendant completes the
10 program. The final decision as to whether a defendant has
11 successfully completed the stated requirements of a counseling
12 or treatment program rests with the court.
13 Section 2. Section 1548(b) and (d) of Title 75 are amended
14 and the section is amended by adding a subsection to read:
15 § 1548. Requirements for driving under influence offenders.
16 * * *
17 (b) Attendance at alcohol highway safety school.--In
18 addition to any other requirements of the court, every person
19 convicted of a [violation of] first offense under section 3731
20 and every person placed on Accelerated Rehabilitative
21 Disposition or other preliminary disposition as a result of a
22 charge of a violation of section 3731 shall, as a part of
23 sentencing or as a condition of parole, probation or Accelerated
24 Rehabilitative Disposition, be required to attend and
25 successfully complete an approved alcohol highway safety school
26 established pursuant to section 1549 (relating to establishment
27 of schools). All persons required to participate in this program
28 shall be given both oral and written notice of the provisions of
29 section 1543(b) (relating to driving while operating privilege
30 is suspended or revoked). Persons convicted of a second or
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1 subsequent offense under section 3731 shall be required by the
2 court to be treated for alcohol or drug addiction pursuant to
3 subsection (d).
4 * * *
5 (d) Order for alcohol or drug commitment.--If after
6 evaluation and further examination and hearing it is determined
7 that [the] a defendant is an alleged chronic abuser of alcohol
8 or controlled substances or that the person is a severely
9 debilitated controlled substance or alcohol abuser who
10 represents a demonstrated and serious threat [and that adequate
11 treatment facilities are available], the court may order the
12 person committed for treatment at a facility or institution
13 approved by the Department of Health[:]. If the defendant has
14 been convicted of a previous violation of section 3731, the
15 court shall order the person committed to a drug and alcohol
16 treatment program licensed by the Office of Drug and Alcohol
17 Programs of the Department of Health:
18 (1) Any person subject to this subsection may be
19 examined by an appropriate physician of the person's choosing
20 and the result of the examination shall be considered by the
21 court.
22 (2) Upon motion duly made by the committed person, an
23 attorney or an attending physician, the court at any time
24 after an order of commitment may review the order. After
25 determining the progress of treatment, the court may order
26 its continuation, the person's release or supervised
27 treatment on an outpatient basis.
28 (3) Any person ordered by the court to receive
29 counseling or treatment after a first offense, and any person
30 required to receive treatment after a second offense under
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1 section 3731 must demonstrate to the court that the defendant
2 has successfully completed counseling or treatment according
3 to all guidelines required by the program before the person's
4 driver's license may be restored.
5 * * *
6 (f) Court ordered intervention or treatment.--A record shall
7 be submitted to the Court Reporting Network as to whether the
8 court did or did not order a defendant to attend a program of
9 supervised individual or group counseling or supervised
10 inpatient or outpatient treatment. If the court orders
11 counseling or treatment, a report shall be added to the Court
12 Reporting Network as to whether the defendant successfully
13 completed the program. If a defendant fails to successfully
14 complete a program of counseling or treatment as ordered by the
15 court, the department shall retain the defendant's driver's
16 license until notified by the court that the defendant has
17 successfully completed counseling or treatment. In order to
18 implement the recordkeeping requirements of this section, the
19 department, the Department of Health and the court shall work
20 together to exchange pertinent information about a defendant's
21 case, including attendance and completion of treatment or
22 failure to complete treatment.
23 Section 3. This act shall take effect immediately.
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