THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY GROVE, CREIGHTON, DAY, DENLINGER, GIBBONS, HARHART, KAUFFMAN, MURT, MYERS, OBERLANDER, O'NEILL, PICKETT, READSHAW, SONNEY, VULAKOVICH AND YOUNGBLOOD, AUGUST 10, 2009

REFERRED TO COMMITTEE ON JUDICIARY, AUGUST 10, 2009  

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, providing for driving

under the influence courts.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Title 42 of the Pennsylvania Consolidated

Statutes is amended by adding a section to read:

§ 916.  Driving under the influence courts.

(a)  Establishment.--The court of common pleas of a judicial

district and the Municipal Court of Philadelphia may establish a

DUI court as a special criminal docket whereby defendants are

admitted to a court-supervised individualized alcohol treatment

program. The court may adopt local rules for the administration

of the DUI court and its related treatment services. The local

rules may not be inconsistent with this section or any rules

established by the Supreme Court.

(b)  Statewide DUI court coordinator.--The Supreme Court may

appoint a Statewide DUI court coordinator. The Statewide DUI

court coordinator may:

(1)  Encourage and assist in the establishment of a DUI

court in each judicial district.

(2)  Identify sources of funding for DUI courts and their

related treatment services, including the availability of

grants.

(3)  Provide coordination and technical assistance for

grant applications.

(4)  Develop model guidelines for the administration of

DUI courts and their related treatment services.

(5)  Establish procedures for monitoring DUI courts and

their related treatment services and for evaluating the

effectiveness of DUI courts and their related treatment

services.

(c)  Advisory committee.--The Supreme Court may establish an

interdisciplinary and interbranch advisory committee to advise

and assist the Statewide DUI court coordinator in monitoring and

administrating DUI courts Statewide.

(d)  Imposition of surcharge.--A defendant convicted of a

drug or alcohol-related offense in a judicial district in which

the court has established a DUI court may be ordered by the

court to pay a surcharge of $25 which shall be collected in the

same manner as other court costs. In addition to any grants or

other money that may become available through public or private

sources, the money collected through this surcharge shall be

used by the county to fund the DUI court and its related

treatment services.

(e)  Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

"DUI."  Driving under the influence.

"Drug or alcohol-related offense."  A criminal offense that

the court determines was motivated by the defendant's

consumption of or addiction to alcohol or a controlled

substance, counterfeit, designer drug, immediate precursor or

marijuana, as those terms are defined in the act of April 14,

1972 (P.L.233, No.64), known as The Controlled Substance, Drug,

Device and Cosmetic Act.

Section 2.  This act shall take effect in 60 days.