PRINTER'S NO. 1768
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1189
Session of
2017
INTRODUCED BY McCLINTON, RABB, BULLOCK, DERMODY, MURT, GALLOWAY,
V. BROWN AND DAVIDSON, MAY 19, 2017
REFERRED TO COMMITTEE ON JUDICIARY, MAY 19, 2017
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in other offenses, further providing
for the Substance Abuse Education and Demand Reduction Fund.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 7508.1 of Title 18 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 7508.1. Substance Abuse Education and Demand Reduction Fund.
(a) Establishment.--The Substance Abuse Education and Demand
Reduction Fund is hereby established as an account in the State
Treasury. This fund shall be administered by the Pennsylvania
Commission on Crime and Delinquency and shall be comprised of
costs imposed and collected in accordance with the provisions of
this section. All moneys in the fund and the interest accruing
thereon are hereby appropriated, upon approval of the Governor,
to the commission to carry out the provisions of this section.
(b) Imposition.--Unless the court finds that undue hardship
would result, [a] the following shall apply:
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(1) A mandatory cost of [$100] $150, which shall be in
addition to any other costs imposed pursuant to statutory
authority, shall automatically be assessed on any individual
convicted, adjudicated delinquent or granted Accelerated
Rehabilitative Disposition or any individual who pleads
guilty or nolo contendere for a violation of the act of April
14, 1972 (P.L.233, No.64), known as The Controlled Substance,
Drug, Device and Cosmetic Act, or a violation of 75 Pa.C.S. §
3802 (relating to driving under influence of alcohol or
controlled substance).
(2) A mandatory cost of $150, which shall be in addition
to any other costs imposed pursuant to statutory authority,
shall automatically be assessed on any individual convicted
or adjudicated delinquent or any individual who pleads guilty
or nolo contendere for a violation of any of the following:
(i) Section 3502 (relating to burglary).
(ii) Section 3701 (relating to robbery).
(iii) Section 3702 (relating to robbery of motor
vehicle).
(iv) Section 3921 (relating to theft by unlawful
taking or disposition).
(v) Section 3925 (relating to receiving stolen
property).
(vi) Section 3929 (relating to retail theft).
(vii) Section 3929.3 (relating to organized retail
theft).
(viii) Section 3932 (relating to theft of leased
property).
(ix) Section 3934 (relating to theft from a motor
vehicle).
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(x) Section 4101 (relating to forgery).
(xi) Section 4105 (relating to bad checks).
(xii) Section 4106 (relating to access device
fraud).
(xiii) Section 4120 (relating to identity theft).
(xiv) Section 6307 (relating to misrepresentation of
age to secure liquor or malt or brewed beverages).
(xv) Section 6308 (relating to purchase,
consumption, possession or transportation of liquor or
malt or brewed beverages).
(xvi) Section 6309 (relating to representing that
minor is of age).
(xvii) Section 6310 (relating to inducement of
minors to buy liquor or malt or brewed beverages).
(xviii) Section 6310.1 (relating to selling or
furnishing liquor or malt or brewed beverages to minors).
(xix) Section 6310.7 (relating to selling or
furnishing nonalcoholic beverages to persons under 21
years of age).
(xx) Section 6316 (relating to selling or furnishing
certain stimulants to minors).
(xxi) Section 6317 (relating to drug-free school
zones).
(xxii) Section 6319 (relating to solicitation of
minors to traffic drugs).
(c) Additional assessment.--
(1) In addition to the assessment required [by subsection
(b), a person convicted of or] under subsection (b)(1), an
individual convicted, adjudicated delinquent or granted
Accelerated Rehabilitative Disposition for a violation of 75
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Pa.C.S. § 3802(a), (b), (c), (d) or (e) shall be assessed
$200 where the amount of alcohol by weight in the blood of
the [person] individual is equal to or greater than [0.16%]
0.10% at the time a chemical test is performed on a sample of
the person's breath, blood or urine. For the purposes of this
subsection, the sample of the person's blood, breath or urine
shall be taken within two hours after the person is placed
under arrest.
(2) In the case of an individual convicted, adjudicated
delinquent or granted Accelerated Rehabilitative Disposition
for a violation of 75 Pa.C.S. § 3802(f), an additional
assessment in the amount of $200 shall be assessed when the
amount of alcohol by weight in the blood of the individual is
equal to or greater than 0.08% at the time a chemical test is
performed in accordance with 75 Pa.C.S. § 3802.
(d) Collection.--Costs imposed under this section shall be
collected in accordance with local court rules by the clerk of
courts in the county where the violation has occurred. Of the
amount collected, 50% shall remain in that county to be used for
substance abuse treatment or prevention programs and the
remaining 50% shall be deposited into the Substance Abuse
Education and Demand Reduction Fund established under this
section.
(e) Application.--All costs provided for in this section
shall be in addition to and not in lieu of any fine authorized
by law or required to be imposed under the act of November 24,
1998 (P.L.882, No.111), known as the Crime Victims Act, or any
other law. Nothing in this section shall be construed to affect,
suspend or diminish any other criminal sanction, penalty or
property forfeiture permitted by law.
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(f) Grants.--Notwithstanding any other provision of law, the
commission shall, upon written application and subsequent
approval, use moneys received under this section to annually
award grants to approved applicants in the following manner:
(1) (i) Subject to the provisions of subparagraph (ii),
45% of grant moneys deposited into the fund each fiscal
year shall be made available to nonprofit organizations
to provide research-based approaches to prevention,
intervention, training, treatment and education services
to reduce substance abuse or to provide resources to
assist families in assessing the services. Nonprofit
organizations may jointly apply for grant moneys with a
local government unit but shall not be required to do so.
(ii) (A) Up to 20% of grant moneys available under
subparagraph (i) may be used to:
(I) Assist in the start-up of victim impact
panel programs under 75 Pa.C.S. § 3804(f.1)
(relating to penalties).
(II) Study the impact outcome and benefits
of victim impact panels within this Commonwealth,
including the impact of victim impact panels on
driving under the influence recidivism and their
impact on the well-being of participating
victims.
(III) Provide assistance for the ongoing
operation of victim impact panels.
(B) An applicant for a grant under this
subparagraph may be an entity other than a nonprofit
organization.
(2) (i) Twenty percent of grant moneys deposited into
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the fund each fiscal year shall be made available to
eligible organizations to educate youth[, caregivers of
youth and employers] and caregivers of youth about the
dangers of substance abuse [and to increase the awareness
of the benefits of a drug-free Pennsylvania through
media-related efforts that may include public service
announcements, public awareness campaigns and media
literacy.] and the misuse and abuse of prescription
drugs.
(ii) Five percent of grant moneys deposited into the
fund under this paragraph shall be made available to
eligible organizations for public awareness campaigns,
including public service announcements and media
campaigns, designed to inform the public about the misuse
and abuse of controlled substances and prescription
drugs, substance abuse prevention and intervention and
the availability of treatment.
(3) Twenty percent of grant moneys deposited into the
fund each fiscal year shall be made available to [eligible
organizations to educate employers, unions and employees]
school districts to educate and provide in-service programs
for teachers and other appropriate school district employees
about the dangers of substance abuse [in the workplace and
provide comprehensive drug-free workplace programs and
technical resources for businesses, including, but not
limited to, training for working parents to keep their
children drug free.], the misuse and abuse of prescription
drugs by youth and substance abuse prevention and
intervention.
(4) Ten percent of the grant moneys deposited into the
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fund each fiscal year shall be transferred annually to the
Community Drug Abuse Prevention Grant Program within the
Office of Attorney General.
(5) One hundred percent of the grant funds generated
from collections under subsection (b)(2) and deposited into
the fund each fiscal year shall be made available to school
districts to provide comprehensive school-based, age
appropriate instructions on substance abuse prevention and
intervention for students, including factual evidenced-based
information on the nonmedical use and abuse of prescription
drugs.
(g) Administration.--The commission shall develop guidelines
and procedures necessary to implement the grant program. The
commission shall equitably distribute grant moneys to approved
applicants under subsection (f)(1) and eligible organizations
under subsection (f)(2) and (3). Each fiscal year the commission
shall make available grant moneys equaling, except for funds to
be transferred under subsection [(f)(4)] (f)(3), (4) and (5) and
administrative funds as provided for in this subsection, the
balance of moneys deposited into the fund as of June 30 of the
previous fiscal year. No more than 5% of total moneys deposited
in the fund during a fiscal year may be used by the commission
to administer the provisions of this section. The commission
shall collaborate with the Department of Education in developing
guidelines and procedures necessary to implement subsection (f)
(3) and (5).
(h) Other initiatives.--Funds disbursed under this section
shall not supplant Federal, State or local funds that would have
otherwise been made available for substance abuse prevention,
education, support, treatment and outreach initiatives.
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(i) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Commission." The Pennsylvania Commission on Crime and
Delinquency.
"Eligible organization." [A] The term includes a school
district and a Statewide organization that meets all of the
following requirements:
(1) Possesses five or more consecutive years of
experience carrying out substance abuse education and demand
reduction or substance abuse treatment programs.
(2) Maintains a drug-free workplace policy.
(3) Has as its purpose the reduction of substance abuse.
"Fund." The Substance Abuse Education and Demand Reduction
Fund established by this section.
"School district." School districts of all classifications
established under section 202 of the act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949.
Section 2. This act shall take effect immediately.
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