PRINTER'S NO.  2565

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

1919

Session of

2009

  

  

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

  

1

Amending Title 42 (Judiciary and Judicial Procedure) of the

2

Pennsylvania Consolidated Statutes, providing for driving

3

under the influence courts.

4

The General Assembly of the Commonwealth of Pennsylvania

5

hereby enacts as follows:

6

Section 1.  Title 42 of the Pennsylvania Consolidated

7

Statutes is amended by adding a section to read:

8

§ 916.  Driving under the influence courts.

9

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

10

district and the Municipal Court of Philadelphia may establish a

11

DUI court as a special criminal docket whereby defendants are

12

admitted to a court-supervised individualized alcohol treatment

13

program. The court may adopt local rules for the administration

14

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

15

rules may not be inconsistent with this section or any rules

16

established by the Supreme Court.

17

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

18

appoint a Statewide DUI court coordinator. The Statewide DUI

 


1

court coordinator may:

2

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

3

court in each judicial district.

4

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

5

related treatment services, including the availability of

6

grants.

7

(3)  Provide coordination and technical assistance for

8

grant applications.

9

(4)  Develop model guidelines for the administration of

10

DUI courts and their related treatment services.

11

(5)  Establish procedures for monitoring DUI courts and

12

their related treatment services and for evaluating the

13

effectiveness of DUI courts and their related treatment

14

services.

15

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

16

interdisciplinary and interbranch advisory committee to advise

17

and assist the Statewide DUI court coordinator in monitoring and

18

administrating DUI courts Statewide.

19

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

20

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

21

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

22

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

23

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

24

other money that may become available through public or private

25

sources, the money collected through this surcharge shall be

26

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

27

treatment services.

28

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

29

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

30

subsection:

- 2 -

 


1

"DUI."  Driving under the influence.

2

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

3

the court determines was motivated by the defendant's

4

consumption of or addiction to alcohol or a controlled

5

substance, counterfeit, designer drug, immediate precursor or

6

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

7

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

8

Device and Cosmetic Act.

9

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

- 3 -