H0916B1037A02647 BIL:NLG 08/01/19 #90 A02647
AMENDMENTS TO HOUSE BILL NO. 916
Sponsor: REPRESENTATIVE HENNESSEY
Printer's No. 1037
Amend Bill, page 1, lines 3 and 4, by striking out "in
licensing of drivers, providing for" in line 3 and all of line 4
and inserting
in driving after imbibing alcohol or utilizing drugs, providing
for evaluation for substance monitoring.
Amend Bill, page 1, lines 7 and 8, by striking out all of
said lines and inserting
Section 1. Section 102 of Title 75 of the Pennsylvania
Consolidated Statutes is amended by adding definitions to read:
Amend Bill, page 1, lines 16 through 18; page 2, lines 1
through 30; page 3, lines 1 through 20; by striking out all of
said lines on said pages and inserting
"Continuous alcohol monitoring device." A monitoring device
or instrument that:
(1) is attached to the individual;
(2) is designed to automatically test the alcohol
content in an individual by contact with the skin of the
individual at least once per one-half hour regardless of the
location on the individual;
(3) detects the presence of alcohol; and
(4) detects an attempt to tamper with, obstruct or
remove the device or instrument.
* * *
"Remote breath testing device." An unsupervised mobile
breath testing device that:
(1) is not affixed to a motor vehicle;
(2) has the ability to confirm the identity and location
of the individual; and
(3) detects the presence of alcohol.
* * *
"Substance monitoring program." The required use of or
participation in one or more of the following for no less than
90 days as a condition of bail:
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(1) A continuous alcohol monitoring device, remote
breath testing device or any other alcohol monitoring
technology or device.
(2) Random drug testing or any other controlled
substance monitoring technology or device.
* * *
Section 2. Title 75 is amended by adding a section to read:
ยง 3818. Evaluation for substance monitoring.
(a) Evaluation required.--In all of the following
circumstances an individual shall be evaluated by a court to
determine whether, at the court's discretion, the individual may
be ordered to participate in a substance monitoring program:
(1) 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 one or more
prior convictions for an offense under section 3802 within 10
years of the current offense.
(2) While adjudication of two or more violations of
section 3802 is concurrently pending for an individual.
(b) Determination and costs to be paid.--If the court
requires an individual to participate in a substance monitoring
program after an evaluation is administered under subsection
(a), the individual shall pay for all costs associated with the
substance 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 substance 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
substance monitoring program.
(c) Financial inquiry.--A court determination under
subsection (b) shall be based on an appropriate inquiry into the
financial circumstances of the individual required to
participate in a substance 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 substance monitoring program.
(d) Prohibitions.--An individual required to participate in
a substance monitoring program is prohibited from all of the
following for the duration of the substance monitoring program:
(1) Imbibing alcohol, using controlled substances or
both as determined by the court.
(2) Tampering with any devices or technologies
associated with the substance monitoring program.
(3) Failing to comply with any other requirements
ordered by the court as part of the substance monitoring
program.
(e) Construction.--Nothing in this section shall be
construed to prohibit a court from performing a substance
monitoring program evaluation on an individual pending
adjudication for a single violation of section 3802 with no
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previous convictions for an offense under section 3802 within
the previous 10 years.
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See A02647 in
the context
of HB0916