S0773B1468A06127 AJB:JMT 06/09/20 #90 A06127
AMENDMENTS TO SENATE BILL NO. 773
Sponsor: REPRESENTATIVE HENNESSEY
Printer's No. 1468
Amend Bill, page 1, lines 1 through 10, by striking out all
of said lines and inserting
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in general provisions, further providing for
definitions; in licensing of drivers, further providing for
the offense of driving while operating privilege is suspended
or revoked; in driving after imbibing alcohol or utilizing
drugs, further providing for grading, for penalties, for
ignition interlock, for prior offenses, for Accelerated
Rehabilitative Disposition and for mandatory sentencing and
providing for 24/7 sobriety monitoring program; and providing
for a study of driving under the influence courts.
This act may be referred to as Deana's Law.
Amend Bill, page 1, lines 13 through 20; pages 2 through 8,
lines 1 through 30; page 9, lines 1 through 28; by striking out
all of said lines on said pages and inserting
Section 1. Section 102 of Title 75 of the Pennsylvania
Consolidated Statutes is amended by adding definitions to read:
§ 102. Definitions.
Subject to additional definitions contained in subsequent
provisions of this title which are applicable to specific
provisions of this title, the following words and phrases when
used in this title shall have, unless the context clearly
indicates otherwise, the meanings given to them in this section:
* * *
"Continuous alcohol monitoring device." A monitoring device
or instrument that:
(1) is attached to an individual;
(2) is designed to automatically and frequently test the
presence of alcohol in the individual regardless of the
method by which the device or instrument is attached to the
individual;
(3) detects the presence of alcohol; and
(4) detects an attempt to tamper with, obstruct or
remove the device or instrument.
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* * *
"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 an individual; and
(3) detects the presence of alcohol.
* * *
"Substance monitoring program." The court-ordered use of or
participation in any one or more of the following as a condition
of bail, probation or parole consistent with section 3818
(relating to substance monitoring program):
(1) A continuous alcohol monitoring device.
(2) A remote breath testing device.
(3) Random drug testing or any other controlled
substance monitoring technology or device as determined by
the court.
* * *
Section 2. Section 1543(b)(1.1)(i) of Title 75 is amended to
read:
§ 1543. Driving while operating privilege is suspended or
revoked.
* * *
(b) Certain offenses.--
* * *
(1.1) (i) A person who has an amount of alcohol by
weight in his blood that is equal to or greater than .02%
at the time of testing or who at the time of testing has
in his blood any amount of a Schedule I or nonprescribed
Schedule II or III controlled substance, as defined in
the act of April 14, 1972 (P.L.233, No.64), known as The
Controlled Substance, Drug, Device and Cosmetic Act, or
its metabolite or [who refuses testing of blood or
breath] who refuses testing of breath under section 1547
(relating to chemical testing to determine amount of
alcohol or controlled substance) or chemical testing of
blood pursuant to a valid search warrant, court order or
any other basis permissible by the Constitution of the
United States and the Constitution of Pennsylvania, and
who drives a motor vehicle on any highway or trafficway
of this Commonwealth at a time when the person's
operating privilege is suspended or revoked as a
condition of acceptance of Accelerated Rehabilitative
Disposition for a violation of section 3802 or former
section 3731 or because of a violation of section 1547(b)
(1) or 3802 or former section 3731 or is suspended under
section 1581 for an offense substantially similar to a
violation of section 3802 or former section 3731 shall,
upon a first conviction, be guilty of a summary offense
and shall be sentenced to pay a fine of $1,000 and to
undergo imprisonment for a period of not less than 90
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days.
* * *
Section 3. Section 3803(b)(3) and (4.1) of Title 75 are
amended to read:
§ 3803. Grading.
* * *
(b) Other offenses.--
* * *
(3) An individual who violates section 3802(a)(1) where
there was an accident resulting in bodily injury, serious
bodily injury or death of any person or in damage to a
vehicle or other property, or who violates section 3802(b),
(e) or (f) and who has two prior offenses commits a
[misdemeanor of the first] felony of the third degree.
* * *
(4.1) An individual who violates section 3802(a)(1)
where the individual refused testing of breath or chemical
testing pursuant to a valid search warrant, court order or
any other basis permissible by the Constitution of the United
States and the Constitution of Pennsylvania, or who violates
section 3802(c) or (d) [and who] commits:
(i) A felony of the third degree if the individual
has two [or more] prior offenses [commits a felony of the
third degree].
(ii) A felony of the second degree if the individual
has three prior offenses.
(iii) A felony of the first degree if the individual
has four or more prior offenses.
* * *
Section 4. Section 3804(e)(2) of Title 75 is amended and the
section is amended by adding a subsection to read:
§ 3804. Penalties.
* * *
(c.2) Consecutive sentence.--A sentence imposed upon an
individual under this section who has two or more prior offenses
shall be served consecutively to any other sentence the
individual is serving and to any other sentence being then
imposed by the court.
* * *
(e) Suspension of operating privileges upon conviction.--
* * *
(2) Suspension under paragraph (1) shall be in
accordance with the following:
* * *
(ii) 18 months for a misdemeanor of the first degree
or felony [of the third degree] under this chapter.
* * *
Section 5. Section 3805(c) and (h.2) of Title 75 are amended
and the section is amended by adding a subsection to read:
§ 3805. Ignition interlock.
* * *
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(c) Issuance of unrestricted license.--[One year from the
date of issuance of an ignition interlock restricted license
under this section, if] If otherwise eligible, a person may be
issued a replacement license under section 1951(d) that does not
contain the ignition interlock system restriction. The
department shall not issue an unrestricted license until a
person has presented all of the following:
(1) Proof that the person has completed the ignition
interlock restricted license period under [this section]
subsection (c.1).
(2) Certification by the vendor that provided the
ignition interlock device that the person has complied with
subsection (h.2).
(c.1) Restricted license period.--An individual may be
issued an unrestricted license under subsection (c) after a
period of time as follows:
(1) Except as provided under paragraph (2), one year
from the date of issuance of the ignition interlock
restricted license.
(2) Two years from the date of issuance of the ignition
interlock restricted license in the case of an individual
convicted of an offense under section 3802 who has two or
more prior offenses.
* * *
(h.2) Declaration of compliance.--Restrictions imposed under
section 1556 [(relating to ignition interlock limited license)]
shall remain in effect until the department receives a
declaration from the person's ignition interlock device vendor,
in a form provided or approved by the department, certifying
that the following incidents have not occurred in the two
consecutive months prior to the date entered on the certificate,
and for the purposes of a suspension imposed under section
3807(d)(2), the person's ignition interlock device vendor shall
certify the following incidents have not occurred in the prior
30 days entered on the certificate:
(1) An attempt to start the vehicle with a breath
alcohol concentration of 0.08% or more, not followed within
10 minutes by a subsequent attempt with a breath alcohol
concentration lower than 0.08%.
(2) Failure to take or pass any required retest.
(3) Failure of the person to appear at the ignition
interlock system vendor when required for maintenance,
repair, calibration, monitoring, inspection or replacement of
the device such that the ignition interlock system no longer
functions as required under subsection (h).
* * *
Section 6. Section 3806(b)(1) of Title 75 is amended to
read:
§ 3806. Prior offenses.
* * *
(b) Timing.--
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(1) For purposes of sections 1553(d.2) (relating to
occupational limited license), 1556 (relating to ignition
interlock limited license), 3803 (relating to grading), 3804
(relating to penalties) [and], 3805 (relating to ignition
interlock), 3815 (relating to mandatory sentencing) and 3818
(relating to substance monitoring program), the prior offense
must have occurred:
(i) within 10 years prior to the date of the offense
for which the defendant is being sentenced; or
(ii) on or after the date of the offense for which
the defendant is being sentenced.
* * *
Section 7. Section 3807(a) of Title 75 is amended by adding
a paragraph to read:
§ 3807. Accelerated Rehabilitative Disposition.
(a) Eligibility.--
* * *
(2.1) Notwithstanding the procedures for Accelerated
Rehabilitative Disposition for other crimes, the attorney for
the Commonwealth shall not submit a charge brought under this
chapter for Accelerated Rehabilitative Disposition unless
all of the following apply:
(i) The defendant admits that the Commonwealth's
evidence would prove the elements beyond a reasonable
doubt under section 3802.
(ii) The d efendant agrees that the defendant's
admission may be used as a prior conviction for the
purpose of increasing the grading and penalty of any
subsequent offense under this title.
(iii) The defendant knowingly and voluntarily waives
the defendant's right to challenge the use of the
Accelerated Rehabilitative Disposition as a prior
conviction for the purpose of enhancing the grading and
sentencing of any subsequent offense under this title.
Section 8. Section 3815(b)(2) of Title 75 is amended and the
section is amended by adding a subsection to read:
§ 3815. Mandatory sentencing.
* * *
(b) Parole.--
* * *
(2) The following shall be conditions of parole:
(i) If the offender is not determined under the
procedures set forth in section 3814 to be addicted to
alcohol or another substance, the offender must refrain
from:
(A) the use of illegal controlled substances;
and
(B) the abuse of prescription drugs, over-the-
counter drugs or any other substances.
(ii) If the offender is determined under the
procedures set forth in section 3814 to be addicted to
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alcohol or another substance, the offender must do all of
the following:
(A) Refrain from:
(I) the use of alcohol or illegal controlled
substances; and
(II) the abuse of prescription drugs, over-
the-counter drugs or any other substances.
(B) Participate in and cooperate with drug and
alcohol addiction treatment under subsection (c).
(iii) In addition to any other condition or
restriction imposed, an individual who violates section
3802(a)(1) where the individual refused testing or breath
or chemical testing pursuant to a valid search warrant,
court order or any other basis permissible by the
Constitution of the United States and the Constitution of
Pennsylvania or who violates section 3802(c) or (d) and
who has two or more prior offenses shall be ordered by
the court to participate in a substance monitoring
program under section 3818.
(b.1) Probation.--In addition to any other condition or
restriction imposed, an individual who violates section 3802(a)
(1) where the individual refused testing of breath or chemical
testing pursuant to a valid search warrant, court order or any
other basis permissible by the Constitution of the United States
and the Constitution of Pennsylvania or who violates section
3802(c) or (d) and who has two or more prior offenses shall be
ordered by the court to participate in a substance monitoring
program as a condition of probation under section 3818.
* * *
Section 9. Title 75 is amended by adding a section to read:
§ 3818. Substance monitoring program.
(a) Mandatory participation.--A court shall require an
individual to participate in a substance monitoring program as
follows:
(1) As a condition of probation or parole, in addition
to any other condition or restriction imposed, a court shall
order an individual to participate in a substance monitoring
program for one year or for the duration of the probation or
parole, whichever is less, in all of the following
circumstances where the individual has two or more prior
offenses:
(i) The individual violates section 3802(c) or (d)
(relating to driving under influence of alcohol or
controlled substance).
(ii) The individual violates section 3802(a)(1) and
the individual refused testing of breath or chemical
testing pursuant to a valid search warrant, court order
or any other basis permissible by the Constitution of the
United States and the Constitution of Pennsylvania.
(2) As a condition of bail, in addition to any other
condition or restriction imposed, a court shall order an
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individual to participate in a substance monitoring program
for no less than 90 days in all of the following
circumstances:
(i) The individual is pending adjudication for a
violation of section 3802 and has three or more prior
offenses.
(ii) The individual is pending adjudication for a
violation of section 3802 and has a combination of prior
offenses and pending adjudications for a violation of
section 3802 equal to three or more.
(b) Evaluation required.--In addition to any other condition
or restriction imposed, an individual who is not required to
participate in a substance monitoring program under subsection
(a) 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 as follows:
(1) As a condition of probation or parole where the
individual violates section 3802 and has one or more prior
offenses.
(2) As a condition of bail where the individual is
pending adjudication for a violation of section 3802 and has
one or more prior offenses.
(3) As a condition of bail where the individual is
pending adjudication concurrently for two or more violations
of section 3802.
(c) Program requirements.--
(1) Except as provided in paragraph (2), when
determining the monitoring devices, technologies or testing
requirements to be required as part of a substance monitoring
program, the court shall have the discretion to determine the
devices, technologies and testing requirements to be used
based upon the individual's:
(i) prior offenses;
(ii) most recent violation of section 3802;
(iii) any pending adjudication for a violation of
section 3802; and
(iv) any other factor deemed appropriate by the
court.
(2) The court shall require the use of a continuous
alcohol monitoring device as part of a substance monitoring
program for an individual participating in a substance
monitoring program under subsection (a) as follows:
(i) if the individual violated section 3802(c);
(ii) if the individual has a pending adjudication
for a violation of section 3802(c);
(iii) if the individual has a prior offense for a
violation of section 3802(b) or (c);
(iv) if the individual violated section 3802(a)(1)
and refused testing of breath or chemical testing
pursuant to a valid search warrant, court order or any
other basis permissible by the Constitution of the United
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States and the Constitution of Pennsylvania; or
(v) if the individual is pending adjudication for a
violation of section 3802(a)(1) and refused testing for
breath or chemical testing pursuant to a valid search
warrant, court order or any other basis permissible by
the Constitution of the United States and the
Constitution of Pennsylvania.
(3) The court shall require a remote breath testing
device in lieu of a continuous alcohol monitoring device
required under paragraph (2) if the individual is unable to
use a continuous alcohol monitoring device due to a physical
limitation or medical condition as determined by the court.
(d) Determination and costs to be paid.--
(1) If the court orders an individual to participate in
a substance monitoring program, the individual shall pay for
costs associated with the individual's participation in the
substance monitoring program, including costs associated with
any required device or technology.
(2) The court may order 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 costs associated with the
individual's participation in a substance monitoring program.
(e) Financial inquiry.--
(1) A court determination under subsection (d) 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.
(2) A court may reassess the individual's ability to pay
at any time during the duration of the substance monitoring
program and make subsequent appropriate inquiries into the
financial circumstances of the individual.
(f) Prohibitions.--An individual ordered 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 device or technology associated
with the substance monitoring program.
(3) Failing to comply with any other requirement ordered
by the court as part of the substance monitoring program.
(g) Construction.--Nothing in this section shall be
construed to prohibit a court from:
(1) Ordering an individual pending adjudication for a
single violation of section 3802 with no prior offenses to
participate in a substance monitoring program as a condition
of bail.
(2) Ordering an individual convicted of a violation of
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section 3802 who has no prior offenses to participate in a
substance monitoring program as a condition of probation or
parole.
Section 10. This act shall take effect in 120 days.
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See A06127 in
the context
of SB0773