Regular Session 2019-2020 Senate Bill 0773 P.N. 1468

PRIOR PRINTER'S NOS. 1148, 1408

PRINTER'S NO. 1468

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

773

Session of

2019

INTRODUCED BY KILLION, ARGALL, BLAKE, BREWSTER, COSTA, FOLMER,

KEARNEY, MARTIN, MASTRIANO, MENSCH, PHILLIPS-HILL,

SANTARSIERO, TOMLINSON, YAW, COLLETT, BARTOLOTTA AND

DINNIMAN, AUGUST 28, 2019

AS AMENDED ON SECOND CONSIDERATION, JANUARY 27, 2020

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, in general provisions, further providing for

definitions; in licensing of drivers, further providing for

ignition interlock limited license; in driving after imbibing

alcohol or utilizing drugs, further providing for grading,

for penalties, for ignition interlock 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.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 102 of Title 75 of the Pennsylvania

Consolidated Statutes is amended by adding a definition 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:

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"Continuous alcohol monitoring device" or "CAM device." A

monitoring device or instrument that:

(1) is attached to the person INDIVIDUAL ;

(2) is designed to automatically test the alcohol

content in a person PRESENCE OF ALCOHOL IN AN INDIVIDUAL by

contact with the skin of the person INDIVIDUAL at least once

per one-half hour regardless of the location on the person

INDIVIDUAL ;

(3) detects the presence of alcohol; and

(4) detects an attempt to tamper with, obstruct or

remove the device or instrument.

* * *

Section 2. Section 1556(b)(2) of Title 75 is amended to

read:

§ 1556. Ignition interlock limited license.

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(b) Petition.--

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(2) The petition shall also include proof of financial

responsibility covering each vehicle the applicant requests

to be permitted to operate. The department shall promulgate

regulations to require additional information as well as

additional evidence to verify the information contained in

the petition. Upon approval of the petition, the ignition

interlock device must be installed in any motor vehicle to be

operated by the individual, and proof of installation must be

provided by the ignition interlock device vendor.

* * *

Section 3. Section 3803(b)(3) and (4.1) of Title 75 are

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amended and the subsection is amended by adding a paragraph to

read:

§ 3803. Grading.

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(b) Other offenses.--

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(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)] 3802(e) or (f) and who has two prior offenses commits a

misdemeanor of the first degree.

(3.1) An individual who violates section 3802(b) and who

has two prior offenses commits a 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 of Title 75 is amended by adding a

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subsection to read:

§ 3804. Penalties.

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(c.2) Consecutive sentence.--A sentence imposed upon a

person under this section for a third or subsequent offense

shall be served consecutively to any other sentence the person

is serving and to any other sentence being then imposed by the

court.

* * *

Section 5. Section 3805(c) and (h.2) of Title 75 are amended

to read:

§ 3805. Ignition interlock.

* * *

date of issuance of an ignition interlock restricted license

under this section, or two years from the date of issuance of an

ignition interlock restricted license under this section in the

case of a person convicted of a third or subsequent offense

under section 3802, 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.

(2) Certification by the vendor that provided the

ignition interlock device that the person has complied with

subsection (h.2).

* * *

(h.2) Declaration of compliance.--Restrictions imposed under

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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).

If a violation under paragraph (1), (2) or (3) occurs, the

vendor shall notify the department as to the violation on a form

designated by the department, and the department shall notify

the person of the violation and that ignition interlock device

usage shall continue until no violations have occurred within a

60-day period.

* * *

Section 6. Section 3815(b)(2) of Title 75 is amended and the

section is amended by adding a subsection to read:

§ 3815. Mandatory sentencing.

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(b) Parole.--

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(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

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) An offender AT THE COURT'S DISCRETION 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 shall MAY be fitted with a continuous alcohol

monitoring CAM device for one year or for the duration of

the period of parole, whichever is less. Tampering with

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or obstructing the CAM device shall constitute

noncompliance with the conditions of parole. The payment

of costs associated with the CAM device shall be

determined in accordance with section 1557(b) and (c)

(relating to continuous alcohol monitoring device). If on

more than two occasions the CAM device detects that an

offender's alcohol concentration is greater than 0.08%,

the court may order the offender to participate in and

cooperate with drug and alcohol addiction treatment.

(b.1) Probation.--As a condition of a probation order, the

court shall require an offender who has two or more prior

offenses to be fitted with a continuous alcohol monitoring

device for one year or for the duration of the period of

probation, whichever is less. Tampering with or obstructing the

CAM device shall constitute noncompliance with the conditions of

probation. The payment of costs associated with the CAM device

shall be determined in accordance with section 1557(b) and (c).

If on more than two occasions the CAM device detects that an

offender's alcohol concentration is greater than 0.08%, the

court shall order the offender to participate in and cooperate

with drug and alcohol addiction treatment.

* * *

Section 7. 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 Committee of the Senate and the Transportation

Committee of the House of Representatives within six months of

the effective date of this section.

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(B.1) PROBATION.--AT THE COURT'S DISCRETION, AS A CONDITION

OF A PROBATION ORDER AND CONSISTENT WITH SECTION 3818, 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:

§ 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.

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

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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

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 COMMITTEE OF THE SENATE AND THE TRANSPORTATION

COMMITTEE OF THE HOUSE OF REPRESENTATIVES WITHIN SIX MONTHS OF

THE EFFECTIVE DATE OF THIS SECTION.

Section 8 9. This act shall take effect in 120 days.

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