THE GENERAL ASSEMBLY OF PENNSYLVANIA
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
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
(3) Provide coordination and technical assistance for
(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
(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
(e) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
"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.