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SENATE AMENDED
PRIOR PRINTER'S NOS. 1037, 2582, 4612
PRINTER'S NO. 4618
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
916
Session of
2019
INTRODUCED BY STEPHENS, MURT, CALTAGIRONE, MILLARD, DeLUCA,
MENTZER, PYLE, BERNSTINE, ROTHMAN, NEILSON, WARREN, HERSHEY,
WEBSTER AND T. DAVIS, MARCH 20, 2019
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, NOVEMBER 18, 2020
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in general provisions, further providing for
definitions; and, in driving after imbibing alcohol or
utilizing drugs, providing for evaluation for substance
monitoring.
AMENDING TITLE 75 (VEHICLES) OF THE PENNSYLVANIA CONSOLIDATED
STATUTES, IN GENERAL PROVISIONS, FURTHER PROVIDING FOR
DEFINITIONS; IN LICENSING OF DRIVERS, FURTHER PROVIDING FOR
SUSPENSION OF OPERATING PRIVILEGE, FOR THE OFFENSE OF DRIVING
WHILE OPERATING PRIVILEGE IS SUSPENDED OR REVOKED AND FOR
IGNITION INTERLOCK LIMITED LICENSE AND PROVIDING FOR RELIEF
FROM ADMINISTRATIVE SUSPENSION PROGRAM; AND, IN DRIVING AFTER
IMBIBING ALCOHOL OR UTILIZING DRUGS, FURTHER PROVIDING FOR
GRADING, FOR PENALTIES, FOR IGNITION INTERLOCK, FOR PRIOR
OFFENSES, FOR ACCELERATED REHABILITATIVE DISPOSITION, FOR
DRUG AND ALCOHOL ASSESSMENTS AND FOR MANDATORY SENTENCING AND
PROVIDING FOR SUBSTANCE MONITORING PROGRAM.
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 definitions to read:
§ 102. Definitions.
Subject to additional definitions contained in subsequent
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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:
* * *
"Continuous alcohol monitoring device." A monitoring device
or instrument that:
(1) is attached to the individual;
(2) is designed to automatically test the alcohol
content in an individual by contact with the skin of the
individual at least once per one-half hour regardless of the
location on the individual;
(3) detects the presence of alcohol; and
(4) detects an attempt to tamper with, obstruct or
remove the device or instrument.
* * *
"Remote breath testing device." An unsupervised mobile
breath testing device that:
(1) is not affixed to a motor vehicle;
(2) has the ability to confirm the identity and location
of the individual; and
(3) detects the presence of alcohol.
* * *
"Substance monitoring program." The required use of or
participation in one or more of the following for no less than
90 days as a condition of bail:
(1) A continuous alcohol monitoring device, remote
breath testing device or any other alcohol monitoring
technology or device.
(2) Random drug testing or any other controlled
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substance monitoring technology or device.
* * *
Section 2. Title 75 is amended by adding a section to read:
§ 3818. Evaluation for substance monitoring.
(a) Evaluation required.--In all of the following
circumstances an individual shall be evaluated by a court to
determine whether, at the court's discretion, the individual may
be ordered to participate in a substance monitoring program:
(1) 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 one or more
prior convictions for an offense under section 3802 within 10
years of the current offense.
(2) While adjudication of two or more violations of
section 3802 is concurrently pending for an individual.
(b) Determination and costs to be paid.--If the court
requires an individual to participate in a substance monitoring
program after an evaluation is administered under subsection
(a), the individual shall pay for all costs associated with the
substance 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 substance 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
substance monitoring program.
(c) Financial inquiry.--A court determination under
subsection (b) shall be based on an appropriate inquiry into the
financial circumstances of the individual required to
participate in a substance monitoring program and an affidavit
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or certificate, signed by that individual, demonstrating
financial inability to pay all or part of the costs associated
with the substance monitoring program.
(d) Prohibitions.--An individual required to participate in
a substance monitoring program is prohibited from all of the
following for the duration of the substance monitoring program:
(1) Imbibing alcohol, using controlled substances or
both as determined by the court.
(2) Tampering with any devices or technologies
associated with the substance monitoring program.
(3) Failing to comply with any other requirements
ordered by the court as part of the substance monitoring
program.
(e) Construction.--Nothing in this section shall be
construed to prohibit a court from performing a substance
monitoring program evaluation on an individual pending
adjudication for a single violation of section 3802 with no
previous convictions for an offense under section 3802 within
the previous 10 years.
Section 3. This act shall take effect in 60 days.
SECTION 1. SECTION 102 OF TITLE 75 OF THE PENNSYLVANIA
CONSOLIDATED STATUTES IS AMENDED BY ADDING DEFINITIONS 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:
* * *
"CONTINUOUS ALCOHOL MONITORING DEVICE." A MONITORING DEVICE
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OR INSTRUMENT THAT:
(1) IS ATTACHED TO AN INDIVIDUAL;
(2) IS DESIGNED TO AUTOMATICALLY AND FREQUENTLY TEST THE
PRESENCE OF ALCOHOL IN THE INDIVIDUAL REGARDLESS OF THE
METHOD BY WHICH THE DEVICE OR INSTRUMENT IS ATTACHED TO THE
INDIVIDUAL;
(3) DETECTS THE PRESENCE OF ALCOHOL; AND
(4) DETECTS AN ATTEMPT TO TAMPER WITH, OBSTRUCT OR
REMOVE THE DEVICE OR INSTRUMENT.
* * *
"REMOTE BREATH TESTING DEVICE." AN UNSUPERVISED MOBILE
BREATH TESTING DEVICE THAT:
(1) IS NOT AFFIXED TO A MOTOR VEHICLE;
(2) HAS THE ABILITY TO CONFIRM THE IDENTITY AND LOCATION
OF AN INDIVIDUAL; AND
(3) DETECTS THE PRESENCE OF ALCOHOL.
* * *
"SUBSTANCE MONITORING PROGRAM." THE COURT-ORDERED USE OF OR
PARTICIPATION IN ANY ONE OR BOTH OF THE FOLLOWING AS A CONDITION
OF BAIL, PROBATION OR PAROLE CONSISTENT WITH SECTION 3818
(RELATING TO SUBSTANCE MONITORING PROGRAM):
(1) A CONTINUOUS ALCOHOL MONITORING DEVICE, REMOTE
BREATH TESTING DEVICE OR ANY OTHER 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.
* * *
SECTION 2. SECTION 1532(D) OF TITLE 75 IS AMENDED AND
SUBSECTION (B) IS AMENDED BY ADDING A PARAGRAPH TO READ:
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§ 1532. SUSPENSION OF OPERATING PRIVILEGE.
* * *
(B) SUSPENSION.--
* * *
(6) BEGINNING AS SOON AS PRACTICABLE, BUT NO LATER THAN
10 MONTHS AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH, THE
DEPARTMENT SHALL UPDATE DRIVER RECORDS AS FOLLOWS:
(I) IF A DRIVER RECORD SHOWS ON THE EFFECTIVE DATE
OF THIS PARAGRAPH AN ACTIVE SANCTION IMPOSED BY THE
DEPARTMENT FOR A CONVICTION OF ANY OFFENSE UNDER A
FEDERAL, STATE OR OTHER STATE'S CONTROLLED SUBSTANCE
LAWS, EXCEPT FOR AN OFFENSE UNDER SECTION 1532(A), THE
DRIVER RECORD WILL BE CHANGED TO INDICATE THE ACTIVE
DEPARTMENTAL SANCTION HAS ENDED. THE FOLLOWING SHALL
APPLY:
(A) IF THE ENDING OF THE ACTIVE DEPARTMENTAL
SANCTION MEANS A DRIVER'S OPERATING PRIVILEGE IS
ELIGIBLE FOR RESTORATION, NO POINTS WILL BE PLACED ON
THE DRIVER RECORD AS REQUIRED BY SECTION 1545
(RELATING TO RESTORATION OF OPERATING PRIVILEGE) AND
NO RESTORATION FEE SHALL BE IMPOSED AS REQUIRED BY
SECTION 1960 (RELATING TO REINSTATEMENT OF OPERATING
PRIVILEGE OR VEHICLE REGISTRATION).
(B) IF A DRIVER RECORD SHOWS A PENDING
DEPARTMENTAL SANCTION AFTER THE ACTIVE SANCTION
IMPOSED BY THE DEPARTMENT FOR A CONVICTION OF ANY
OFFENSE UNDER A FEDERAL, STATE OR OTHER STATE'S
CONTROLLED SUBSTANCE LAWS, EXCEPT FOR AN OFFENSE
UNDER SECTION 1532(A), THE EFFECTIVE DATES OF THE
PENDING DEPARTMENTAL SANCTION WILL BE ADJUSTED AS IF
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THE ACTIVE SANCTION ENDED UNDER THIS SUBSECTION HAD
BEEN RESCINDED FROM THE RECORD.
(II) IF A DRIVER RECORD SHOWS ON THE EFFECTIVE DATE
OF THIS PARAGRAPH A PENDING SANCTION IMPOSED BY THE
DEPARTMENT FOR A CONVICTION OF ANY OFFENSE UNDER A
FEDERAL, STATE OR OTHER STATE'S CONTROLLED SUBSTANCE
LAWS, EXCEPT FOR AN OFFENSE UNDER SECTION 1532(A), THE
DRIVER RECORD WILL BE CHANGED TO INDICATE THAT THE
PENDING SANCTION WILL NOT BE IMPOSED. THE EFFECTIVE DATES
FOR A DEPARTMENTAL SANCTION TO BE IMPOSED AFTER A
CONVICTION OF ANY OFFENSE UNDER A FEDERAL, STATE OR OTHER
STATE'S CONTROLLED SUBSTANCE LAWS WILL BE ADJUSTED AS IF
THE CONTROLLED SUBSTANCE-RELATED DEPARTMENTAL SANCTION
HAD BEEN RESCINDED FROM THE RECORD.
(III) IF A DRIVER RECORD SHOWS ON THE EFFECTIVE DATE
OF THIS PARAGRAPH AN ACTIVE SUSPENSION IMPOSED UNDER
FORMER SUBSECTION (D), THE DRIVER RECORD WILL BE CHANGED
TO INDICATE THE SUSPENSION HAS ENDED. THE FOLLOWING SHALL
APPLY:
(A) IF THE ENDING OF THE SUSPENSION MEANS THE
DRIVER'S OPERATING PRIVILEGE IS ELIGIBLE FOR
RESTORATION, NO RESTORATION FEE SHALL BE IMPOSED AS
REQUIRED BY SECTION 1960.
(B) IF THE DRIVER RECORD SHOWS ANY PENDING
DEPARTMENTAL SANCTION AFTER THE SUSPENSION IMPOSED
UNDER FORMER SUBSECTION (D), THE EFFECTIVE DATES OF
ANY SUCH PENDING DEPARTMENTAL SANCTION WILL BE
ADJUSTED AS IF THE SUSPENSION ENDED UNDER THIS
SECTION HAD BEEN RESCINDED FROM THE RECORD.
(IV) IF THE DRIVER RECORD SHOWS ON THE EFFECTIVE
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DATE OF THIS PARAGRAPH A PENDING SUSPENSION IMPOSED UNDER
FORMER SUBSECTION (D), THE DRIVER RECORD WILL BE CHANGED
TO INDICATE THE SUSPENSION WILL NOT BE IMPOSED. THE
EFFECTIVE DATES FOR ANY DEPARTMENTAL SANCTIONS TO BE
IMPOSED AFTER THE PENDING SUSPENSION UNDER FORMER
SUBSECTION (D) WILL BE ADJUSTED AS IF THE PENDING
SUSPENSION HAD BEEN RESCINDED FROM THE RECORD.
* * *
[(D) ADDITIONAL SUSPENSION.--THE DEPARTMENT SHALL SUSPEND
THE OPERATING PRIVILEGE OF ANY PERSON UPON RECEIVING A CERTIFIED
RECORD OF THE DRIVER'S CONVICTION, ADJUDICATION OF DELINQUENCY
OR ADMISSION INTO A PREADJUDICATION PROGRAM FOR A VIOLATION
UNDER 18 PA.C.S. § 6307 (RELATING TO MISREPRESENTATION OF AGE TO
SECURE LIQUOR OR MALT OR BREWED BEVERAGES), 6308 (RELATING TO
PURCHASE, CONSUMPTION, POSSESSION OR TRANSPORTATION OF LIQUOR OR
MALT OR BREWED BEVERAGES) OR 6310.3 (RELATING TO CARRYING A
FALSE IDENTIFICATION CARD). THE DURATION OF THE SUSPENSION SHALL
BE AS FOLLOWS:
(1) FOR A FIRST OFFENSE, THE DEPARTMENT SHALL IMPOSE A
SUSPENSION FOR A PERIOD OF 90 DAYS.
(2) FOR A SECOND OFFENSE, THE DEPARTMENT SHALL IMPOSE A
SUSPENSION FOR A PERIOD OF ONE YEAR.
(3) FOR A THIRD AND SUBSEQUENT OFFENSE, THE DEPARTMENT
SHALL IMPOSE A SUSPENSION FOR A PERIOD OF TWO YEARS. ANY
MULTIPLE SUSPENSIONS IMPOSED SHALL BE SERVED CONSECUTIVELY.
COURTS MAY CERTIFY THE CONVICTION, ADJUDICATION OF
DELINQUENCY OR ADMISSION INTO THE PREADJUDICATION PROGRAM ON THE
SAME FORM USED TO SUBMIT THE ORDER OF SUSPENSION REQUIRED UNDER
THE PROVISIONS OF 18 PA.C.S. § 6310.4 (RELATING TO RESTRICTION
OF OPERATING PRIVILEGES). WHEREVER PRACTICABLE, THE SUSPENSION
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IMPOSED UNDER THIS SECTION SHALL BE MADE CONCURRENT WITH THE
SUSPENSION IMPOSED UNDER THE PROVISIONS OF 18 PA.C.S. § 6310.4.
ALL OFFENSES COMMITTED ON OR AFTER MAY 23, 1988, SHALL BE
INCLUDED IN CONSIDERING WHETHER AN OFFENSE IS A FIRST, SECOND,
THIRD OR SUBSEQUENT OFFENSE.]
SECTION 2.1. SECTIONS 1543(B)(1.1)(I) AND 1556(B)(1) AND (2)
OF TITLE 75 ARE AMENDED TO READ:
§ 1543. DRIVING WHILE OPERATING PRIVILEGE IS SUSPENDED OR
REVOKED.
* * *
(B) CERTAIN OFFENSES.--
* * *
(1.1) (I) A PERSON WHO HAS AN AMOUNT OF ALCOHOL BY
WEIGHT IN HIS BLOOD THAT IS EQUAL TO OR GREATER THAN .02%
AT THE TIME OF TESTING OR WHO AT THE TIME OF TESTING HAS
IN HIS BLOOD ANY AMOUNT OF A SCHEDULE I OR NONPRESCRIBED
SCHEDULE II OR III CONTROLLED SUBSTANCE, AS DEFINED IN
THE ACT OF APRIL 14, 1972 (P.L.233, NO.64), KNOWN AS THE
CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT, OR
ITS METABOLITE OR [WHO REFUSES TESTING OF BLOOD OR
BREATH] WHO REFUSES TESTING OF BREATH UNDER SECTION 1547
(RELATING TO CHEMICAL TESTING TO DETERMINE AMOUNT OF
ALCOHOL OR CONTROLLED SUBSTANCE) OR CHEMICAL TESTING OF
BLOOD 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, AND
WHO DRIVES A MOTOR VEHICLE ON ANY HIGHWAY OR TRAFFICWAY
OF THIS COMMONWEALTH AT A TIME WHEN THE PERSON'S
OPERATING PRIVILEGE IS SUSPENDED OR REVOKED AS A
CONDITION OF ACCEPTANCE OF ACCELERATED REHABILITATIVE
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DISPOSITION FOR A VIOLATION OF SECTION 3802 OR FORMER
SECTION 3731 OR BECAUSE OF A VIOLATION OF SECTION 1547(B)
(1) OR 3802 OR FORMER SECTION 3731 OR IS SUSPENDED UNDER
SECTION 1581 FOR AN OFFENSE SUBSTANTIALLY SIMILAR TO A
VIOLATION OF SECTION 3802 OR FORMER SECTION 3731 SHALL,
UPON A FIRST CONVICTION, BE GUILTY OF A SUMMARY OFFENSE
AND SHALL BE SENTENCED TO PAY A FINE OF $1,000 AND TO
UNDERGO IMPRISONMENT FOR A PERIOD OF NOT LESS THAN 90
DAYS.
* * *
§ 1556. IGNITION INTERLOCK LIMITED LICENSE.
* * *
(B) PETITION.--
(1) AN APPLICANT FOR AN IGNITION INTERLOCK LIMITED
LICENSE SHALL FILE A PETITION WITH THE DEPARTMENT, BY
CERTIFIED MAIL, ON A FORM PRESCRIBED BY THE DEPARTMENT[, AND
SHALL INCLUDE PROOF THAT AN APPROVED IGNITION INTERLOCK
SYSTEM, AS DEFINED IN SECTION 3801, HAS BEEN INSTALLED IN ONE
OR MORE MOTOR VEHICLES THAT THE APPLICANT SEEKS PERMISSION TO
OPERATE]. THE PETITION SHALL INCLUDE PROOF OF FINANCIAL
RESPONSIBILITY COVERING EACH VEHICLE THE APPLICANT REQUESTS
TO BE PERMITTED TO OPERATE. UPON APPROVAL OF THE PETITION,
THE IGNITION INTERLOCK SYSTEM SHALL BE INSTALLED IN ANY MOTOR
VEHICLE TO BE OPERATED BY THE APPLICANT, AND PROOF OF
INSTALLATION SHALL BE PROVIDED BY THE IGNITION INTERLOCK
DEVICE VENDOR.
(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
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ADDITIONAL EVIDENCE TO VERIFY THE INFORMATION CONTAINED IN
THE PETITION.
* * *
SECTION 2.2. CHAPTER 15 OF TITLE 75 IS AMENDED BY ADDING A
SUBCHAPTER TO READ:
SUBCHAPTER E
RELIEF FROM ADMINISTRATIVE SUSPENSION PROGRAM
SEC.
1591. DEFINITIONS.
1592. RELIEF FROM ADMINISTRATIVE SUSPENSION PROGRAM.
1593. PROGRAM REQUIREMENTS.
1594. USE OF REVENUE.
1595. PROCEEDINGS RELATING TO VIOLATIONS BARRED.
§ 1591. DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS SUBCHAPTER
SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
CONTEXT CLEARLY INDICATES OTHERWISE:
"COURT." THE ISSUING AUTHORITY OR COURT OF COMPETENT
JURISDICTION WHICH NOTIFIED THE DEPARTMENT OF AN INDIVIDUAL'S
FAILURE TO RESPOND THAT RESULTED IN THE INDEFINITE SUSPENSION OF
THAT INDIVIDUAL'S OPERATING PRIVILEGE UNDER SECTION 1533
(RELATING TO SUSPENSION OF OPERATING PRIVILEGE FOR FAILURE TO
RESPOND TO CITATION).
"PROGRAM." THE RELIEF FROM ADMINISTRATIVE SUSPENSION PROGRAM
ESTABLISHED UNDER SECTION 1592 (RELATING TO RELIEF FROM
ADMINISTRATIVE SUSPENSION PROGRAM).
§ 1592. RELIEF FROM ADMINISTRATIVE SUSPENSION PROGRAM.
(A) ESTABLISHMENT.--THE DEPARTMENT, IN CONSULTATION WITH THE
ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS, SHALL ESTABLISH
THE RELIEF FROM ADMINISTRATIVE SUSPENSION PROGRAM THAT SHALL
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BEGIN ON THE EFFECTIVE DATE OF THIS SECTION AND END 12 MONTHS
AFTER THE EFFECTIVE DATE OF THIS SECTION.
(B) PURPOSES.--THE PROGRAM SHALL PERMIT THE DEPARTMENT TO
RESTORE THE OPERATING PRIVILEGES OF ELIGIBLE INDIVIDUALS FROM
SUSPENSIONS IMPOSED UNDER SECTIONS 1533(A), (B) OR (D) (RELATING
TO SUSPENSION OF OPERATING PRIVILEGE FOR FAILURE TO RESPOND TO
CITATION), 1543(A) (RELATING TO DRIVING WHILE OPERATING
PRIVILEGE IS SUSPENDED OR REVOKED) AND 1544(A) (RELATING TO
ADDITIONAL PERIOD OF REVOCATION OR SUSPENSION).
(C) DUTIES.--THE DEPARTMENT, IN CONSULTATION WITH THE
ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS, SHALL:
(1) REVIEW THE APPLICATIONS FILED FOR RELIEF UNDER THE
PROGRAM AND MAKE A DETERMINATION AS TO THE APPLICANT'S
ELIGIBILITY FOR RELIEF WITHIN 30 DAYS OF RECEIPT OF THE
APPLICATION AND ALL OTHER REQUIRED ITEMS.
(2) DETERMINE IF AN APPLICANT HAS SATISFIED ALL COURT-
ORDERED OBLIGATIONS WHICH RESULTED IN A SUSPENSION OF THE
APPLICANT'S OPERATING PRIVILEGE UNDER SECTION 1533(A), (B) OR
(D).
(3) DETERMINE IF AN APPLICANT WAS CONVICTED OF ONE OR
MORE VIOLATIONS UNDER SECTION 1543(A) THAT OCCURRED ONLY AS
THE RESULT OF A SUSPENSION IMPOSED UNDER THE AUTHORITY OF
SECTION 1533 OR 6146 (RELATING TO ENFORCEMENT AGREEMENTS) AND
IS CURRENTLY SERVING OR WILL SERVE AN OPERATING PRIVILEGE
SUSPENSION FOR A SECTION 1543(A) CONVICTION.
(4) DETERMINE WHETHER THE GRANTING OF RELIEF UNDER THE
PROGRAM WOULD RESULT IN IMMEDIATE RESTORATION OF THE
APPLICANT'S OPERATING PRIVILEGE.
(5) PRIORITIZE THE PROCESSING OF APPLICATIONS FOR WHICH
THE GRANTING OF RELIEF WILL RESULT IN AN IMMEDIATE
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RESTORATION OF THE APPLICANT'S OPERATING PRIVILEGE.
(6) UPDATE ELIGIBLE APPLICANTS' DRIVER'S RECORDS AND
RESTORE THE OPERATING PRIVILEGE OF APPLICANTS AS PERMITTED
UNDER THIS TITLE.
(D) ELIGIBILITY.--THE PROGRAM SHALL BE AVAILABLE TO AN
INDIVIDUAL WHO MEETS THE FOLLOWING CRITERIA:
(1) THE INDIVIDUAL'S OPERATING PRIVILEGE HAS BEEN
INDEFINITELY SUSPENDED UNDER SECTION 1533(A), (B) OR (D)
PRIOR TO THE EFFECTIVE DATE OF THIS SUBSECTION.
(2) THE DEPARTMENT'S RECORDS SHOW THAT THE INDIVIDUAL'S
OPERATING PRIVILEGE WILL BE OR IS SUSPENDED FOR A CONVICTION
UNDER SECTION 1543(A) ONLY AS A RESULT OF A SUSPENSION
IMPOSED UNDER THE AUTHORITY OF SECTION 1533 OR 6146 PRIOR TO
THE EFFECTIVE DATE OF THIS SECTION.
(3) THE INDIVIDUAL HAS SERVED ANY OPERATING PRIVILEGE
SUSPENSION REQUIRED BY THE UNDERLYING OFFENSE WHICH RESULTED
IN VIOLATION OF SECTION 1533(A), (B) OR (D).
(4) THE INDIVIDUAL HAS SUBMITTED A COMPLETED APPLICATION
FOR RELIEF TO THE DEPARTMENT ON A FORM PRESCRIBED BY THE
DEPARTMENT. THE FOLLOWING ITEMS MUST ALSO BE SUBMITTED WITH
THE APPLICATION:
(I) THE RESTORATION FEE; AND
(II) PROOF OF FINANCIAL RESPONSIBILITY; OR
(III) IN THE CASE OF AN INDIVIDUAL WHO DOES NOT OWN
A MOTOR VEHICLE CURRENTLY REGISTERED IN THIS
COMMONWEALTH, A SIGNED STATEMENT CERTIFYING THAT THE
INDIVIDUAL DOES NOT OWN A MOTOR VEHICLE CURRENTLY
REGISTERED IN THIS COMMONWEALTH.
(E) PROHIBITIONS.--AN INDIVIDUAL SHALL BE PROHIBITED FROM
RECEIVING RELIEF UNDER THE PROGRAM FOR CONVICTIONS OF VIOLATIONS
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COMMITTED AFTER THE EFFECTIVE DATE OF THIS SUBSECTION.
(F) REINSTATEMENT.--THE DEPARTMENT SHALL AMEND ELIGIBLE
INDIVIDUALS' DRIVER'S RECORDS TO SHOW THEY SATISFIED ALL COURT-
ORDERED OBLIGATIONS WHICH RESULTED IN A SUSPENSION OF THE
INDIVIDUAL'S OPERATING PRIVILEGE UNDER SECTION 1533. THE
DEPARTMENT SHALL AMEND ELIGIBLE INDIVIDUALS' DRIVER'S RECORDS TO
SHOW THAT SUSPENSIONS IMPOSED FOR RELEVANT CONVICTIONS UNDER
SECTION 1543(A) WILL END OR WILL NOT BE IMPOSED. ANY ADD-ON
SUSPENSIONS IMPOSED UNDER SECTION 1544(A) FOR VIOLATIONS THAT
OCCURRED AT THE SAME TIME AS A RELEVANT VIOLATION OF SECTION
1543(A) SHALL BE RESCINDED FROM ELIGIBLE INDIVIDUALS' DRIVER'S
RECORDS. THE DEPARTMENT SHALL NOT BE REQUIRED TO REINSTATE THE
OPERATING PRIVILEGE OF AN INDIVIDUAL UNDER THIS SUBCHAPTER IF
THE DEPARTMENT IS AUTHORIZED UNDER THIS TITLE TO SUSPEND THE
OPERATING PRIVILEGE OF THE INDIVIDUAL FOR OTHER VIOLATIONS OF
THIS TITLE. UPON RESTORATION FROM SUSPENSION UNDER THIS PROGRAM,
ELIGIBLE INDIVIDUALS' DRIVER'S RECORDS SHALL SHOW FIVE POINTS.
(G) COMPLIANCE.--THE DEPARTMENT MAY NOT BE REQUIRED TO
RESTORE THE OPERATING PRIVILEGE OF AN INDIVIDUAL UNDER THIS
SUBCHAPTER UNTIL THE INDIVIDUAL HAS COMPLIED WITH SECTION 1593
(RELATING TO PROGRAM REQUIREMENTS).
§ 1593. PROGRAM REQUIREMENTS.
(A) FORM.--AN INDIVIDUAL WHO SEEKS TO PARTICIPATE IN THE
PROGRAM SHALL RESPOND TO THE COURT PURSUANT TO THE INSTRUCTIONS
IN A RESTORATION REQUIREMENTS LETTER WHICH SHALL BE PROVIDED BY
THE DEPARTMENT.
(B) SATISFACTION OF PAYMENTS OWED.--THE INDIVIDUAL IS
REQUIRED TO PAY 100% OF THE ORIGINAL PENALTY AND ANY OTHER
COURT-ORDERED OBLIGATIONS IMPOSED UNDER THE APPLICABLE LAWS OF
THIS COMMONWEALTH.
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(C) REQUIREMENTS.--IN ADDITION TO THE REQUIREMENTS UNDER
SECTION 1960 (RELATING TO REINSTATEMENT OF OPERATING PRIVILEGE
OR VEHICLE REGISTRATION), AN INDIVIDUAL APPLYING FOR THE PROGRAM
SHALL PERFORM ONE OF THE FOLLOWING:
(1) PAY ALL COURT-ORDERED OBLIGATIONS IMMEDIATELY OR IN
A SINGLE REMITTANCE.
(2) IF AN INDIVIDUAL IS UNABLE TO PAY ALL OBLIGATIONS
UNDER SUBPARAGRAPH (I), THE INDIVIDUAL SHALL EITHER:
(I) PAY IN INSTALLMENTS ALL COURT-ORDERED
OBLIGATIONS AFTER A HEARING CONDUCTED BY THE ISSUING
AUTHORITY TO DETERMINE THE INDIVIDUAL'S ABILITY TO PAY
AND THE ISSUANCE OF AN ORDER PROVIDING FOR INSTALLMENT
PAYMENTS; OR
(II) NOTWITHSTANDING 42 PA.C.S. § 1520(A) (RELATING
TO ADJUDICATION ALTERNATIVE PROGRAM), COMPLETE A COURT-
ORDERED PUBLIC SERVICE OR OTHER ADJUDICATION ALTERNATIVE
PROGRAM UNDER 42 PA.C.S. § 1520(B).
(D) PROOF OF FINANCIAL RESPONSIBILITY.--NOTWITHSTANDING
SECTION 1783 (RELATING TO PROOF OF FINANCIAL RESPONSIBILITY
BEFORE RESTORING OPERATING PRIVILEGE OR REGISTRATION), BEFORE
RESTORING AN OPERATING PRIVILEGE, THE DEPARTMENT SHALL REQUIRE
AN INDIVIDUAL PARTICIPATING IN THE PROGRAM TO PROVIDE THE
DEPARTMENT WITH:
(1) PROOF OF FINANCIAL RESPONSIBILITY; OR
(2) IN THE CASE OF AN INDIVIDUAL WHO DOES NOT OWN A
MOTOR VEHICLE CURRENTLY REGISTERED IN THIS COMMONWEALTH, A
SIGNED STATEMENT CERTIFYING THAT THE INDIVIDUAL DOES NOT OWN
A MOTOR VEHICLE CURRENTLY REGISTERED IN THIS COMMONWEALTH.
(E) CERTIFICATION.--THE COURT SHALL CERTIFY TO THE
DEPARTMENT THAT AN INDIVIDUAL IS ELIGIBLE FOR RELIEF UNDER THE
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PROGRAM BECAUSE:
(1) AN INDIVIDUAL HAS SATISFIED THE AMOUNTS OWED TO THE
COURT; OR
(2) AN INDIVIDUAL HAS COMPLETED OR SATISFIED ALL COURT-
ORDERED PUBLIC SERVICE REQUIREMENTS OR OTHER ALTERNATIVE
ADJUDICATION PROGRAMS.
§ 1594. USE OF REVENUE.
ALL REVENUE RECEIVED BY THE COURT UNDER THE PROGRAM SHALL BE
DISTRIBUTED IN ACCORDANCE WITH LAW.
§ 1595. PROCEEDINGS RELATING TO VIOLATIONS BARRED.
PARTICIPATION IN THE PROGRAM IS CONDITIONED UPON THE
INDIVIDUAL'S AGREEMENT NOT TO PROTEST OR PURSUE AN
ADMINISTRATIVE OR JUDICIAL PROCEEDING AGAINST THE DEPARTMENT FOR
THE SANCTIONS IT IMPOSED ON THE INDIVIDUAL'S OPERATING PRIVILEGE
UNDER SECTION 1533 (RELATING TO SUSPENSION OF OPERATING
PRIVILEGE FOR FAILURE TO RESPOND TO CITATION), 1543 (RELATING TO
DRIVING WHILE OPERATING PRIVILEGE IS SUSPENDED OR REVOKED), 1544
(RELATING TO ADDITIONAL PERIOD OF REVOCATION OR SUSPENSION) OR
6146 (RELATING TO ENFORCEMENT AGREEMENTS) AS ADDRESSED BY THE
PROGRAM.
SECTION 3. SECTION 3803(B)(3) AND (4.1) OF TITLE 75 ARE
AMENDED TO READ:
§ 3803. GRADING.
* * *
(B) OTHER OFFENSES.--
* * *
(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),
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(E) OR (F) AND WHO HAS TWO PRIOR OFFENSES COMMITS A
[MISDEMEANOR OF THE FIRST] 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 OR MORE PRIOR OFFENSES.
* * *
SECTION 4. SECTIONS 3804(E)(2)(II) AND 3805(C) OF TITLE 75
ARE AMENDED AND THE SECTIONS ARE AMENDED BY ADDING SUBSECTIONS
TO READ:
§ 3804. PENALTIES.
* * *
(C.2) CONSECUTIVE SENTENCE.--A SENTENCE IMPOSED UPON AN
INDIVIDUAL UNDER THIS SECTION WHO HAS TWO OR MORE PRIOR OFFENSES
SHALL BE SERVED CONSECUTIVELY TO ANY OTHER SENTENCE THE
INDIVIDUAL IS SERVING AND TO ANY OTHER SENTENCE BEING THEN
IMPOSED BY THE COURT , EXCEPT FOR THOSE WITH WHICH THE OFFENSE
MUST MERGE AS A MATTER OF LAW .
(C.3) SENTENCING ENHANCEMENT.--THE PENNSYLVANIA COMMISSION
ON SENTENCING, UNDER 42 PA.C.S. § 2154 (RELATING TO ADOPTION OF
GUIDELINES FOR SENTENCING), SHALL PROVIDE FOR A SENTENCING
ENHANCEMENT FOR A VIOLATION OF SECTION 3802(A)(1) WHERE THE
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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 FOR A VIOLATION OF SECTION
3802(C) OR (D) AND WHERE THE INDIVIDUAL HAS FOUR OR MORE PRIOR
OFFENSES.
* * *
(E) SUSPENSION OF OPERATING PRIVILEGES UPON CONVICTION.--
* * *
(2) SUSPENSION UNDER PARAGRAPH (1) SHALL BE IN
ACCORDANCE WITH THE FOLLOWING:
* * *
(II) 18 MONTHS FOR A MISDEMEANOR OF THE FIRST DEGREE
OR FELONY [OF THE THIRD DEGREE] UNDER THIS CHAPTER.
* * *
§ 3805. IGNITION INTERLOCK.
* * *
(C) ISSUANCE OF UNRESTRICTED LICENSE.--[ONE YEAR FROM THE
DATE OF ISSUANCE OF AN IGNITION INTERLOCK RESTRICTED LICENSE
UNDER THIS SECTION, IF] 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]
SUBSECTION (C.1).
(2) CERTIFICATION BY THE VENDOR THAT PROVIDED THE
IGNITION INTERLOCK DEVICE THAT THE PERSON HAS COMPLIED WITH
SUBSECTION (H.2).
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(C.1) RESTRICTED LICENSE PERIOD.--AN INDIVIDUAL MAY BE
ISSUED AN UNRESTRICTED LICENSE UNDER SUBSECTION (C) AFTER A
PERIOD OF TIME AS FOLLOWS:
(1) EXCEPT AS PROVIDED UNDER PARAGRAPH (2), ONE YEAR
FROM THE DATE OF ISSUANCE OF THE IGNITION INTERLOCK
RESTRICTED LICENSE.
(2) TWO YEARS FROM THE DATE OF ISSUANCE OF THE IGNITION
INTERLOCK RESTRICTED LICENSE IN THE CASE OF AN INDIVIDUAL
CONVICTED OF AN OFFENSE UNDER SECTION 3802 WHO HAS TWO OR
MORE PRIOR OFFENSES.
* * *
(H.3) NOTICE TO DEPARTMENT.--IF A VIOLATION UNDER SUBSECTION
(H.2)(1), (2) OR (3) OCCURS IN THE TWO CONSECUTIVE MONTHS PRIOR
TO THE DATE ENTERED ON THE CERTIFICATE, 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 5. SECTION 3806(B)(1) OF TITLE 75 IS AMENDED TO
READ:
§ 3806. PRIOR OFFENSES.
* * *
(B) TIMING.--
(1) FOR PURPOSES OF SECTIONS 1553(D.2) (RELATING TO
OCCUPATIONAL LIMITED LICENSE), 1556 (RELATING TO IGNITION
INTERLOCK LIMITED LICENSE), 3803 (RELATING TO GRADING), 3804
(RELATING TO PENALTIES) [AND], 3805 (RELATING TO IGNITION
INTERLOCK), 3815 (RELATING TO MANDATORY SENTENCING) AND 3818
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(RELATING TO SUBSTANCE MONITORING PROGRAM), THE PRIOR OFFENSE
MUST HAVE OCCURRED:
(I) WITHIN 10 YEARS PRIOR TO THE DATE OF THE OFFENSE
FOR WHICH THE DEFENDANT IS BEING SENTENCED; OR
(II) ON OR AFTER THE DATE OF THE OFFENSE FOR WHICH
THE DEFENDANT IS BEING SENTENCED.
* * *
SECTION 6. SECTION 3807(B)(4) OF TITLE 75 IS AMENDED AND
SUBSECTION (A) IS AMENDED BY ADDING A PARAGRAPH TO READ:
§ 3807. ACCELERATED REHABILITATIVE DISPOSITION.
(A) ELIGIBILITY.--
* * *
(2.1) NOTWITHSTANDING THE PROCEDURES FOR ACCELERATED
REHABILITATIVE DISPOSITION FOR OTHER CRIMES, THE ATTORNEY FOR
THE COMMONWEALTH SHALL NOT SUBMIT A CHARGE BROUGHT UNDER THIS
CHAPTER FOR ACCELERATED REHABILITATIVE DISPOSITION UNLESS
ALL OF THE FOLLOWING APPLY:
(I) THE DEFENDANT ADMITS THAT THE COMMONWEALTH'S
EVIDENCE WOULD PROVE THE ELEMENTS BEYOND A REASONABLE
DOUBT UNDER SECTION 3802.
(II) THE DEFENDANT AGREES THAT THE DEFENDANT'S
ADMISSION MAY BE USED AS A PRIOR CONVICTION FOR THE
PURPOSE OF INCREASING THE GRADING AND PENALTY OF ANY
SUBSEQUENT OFFENSE UNDER THIS TITLE.
(III) THE DEFENDANT KNOWINGLY AND VOLUNTARILY WAIVES
THE DEFENDANT'S RIGHT TO CHALLENGE THE USE OF THE
ACCELERATED REHABILITATIVE DISPOSITION AS A PRIOR
CONVICTION FOR THE PURPOSE OF ENHANCING THE GRADING AND
SENTENCING OF ANY SUBSEQUENT OFFENSE UNDER THIS TITLE.
(B) EVALUATION AND TREATMENT.--
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* * *
(4) THE ASSESSMENT UNDER PARAGRAPH (2) SHALL CONSIDER
ISSUES OF PUBLIC SAFETY AND SHALL INCLUDE RECOMMENDATIONS FOR
ALL OF THE FOLLOWING:
(I) LENGTH OF STAY.
(II) LEVELS OF CARE.
(III) FOLLOW-UP CARE AND MONITORING.
(IV) THE USE OF MEDICATION-ASSISTED TREATMENT IN
CONJUNCTION WITH BEHAVIORAL THERAPIES IF THE TREATMENT IS
CLINICALLY APPROPRIATE.
* * *
SECTION 7. SECTION 3814(4) OF TITLE 75 IS AMENDED TO READ:
§ 3814. DRUG AND ALCOHOL ASSESSMENTS.
IF A DEFENDANT IS CONVICTED OR PLEADS GUILTY OR NO CONTEST TO
A VIOLATION OF SECTION 3802 (RELATING TO DRIVING UNDER INFLUENCE
OF ALCOHOL OR CONTROLLED SUBSTANCE), THE FOLLOWING APPLY PRIOR
TO SENTENCING:
* * *
(4) THE ASSESSMENT UNDER PARAGRAPH (2) SHALL CONSIDER
ISSUES OF PUBLIC SAFETY AND SHALL INCLUDE RECOMMENDATIONS FOR
ALL OF THE FOLLOWING:
(I) LENGTH OF STAY.
(II) LEVELS OF CARE.
(III) FOLLOW-UP CARE AND MONITORING.
(IV) THE USE OF MEDICATION-ASSISTED TREATMENT IN
CONJUNCTION WITH BEHAVIORAL THERAPIES IF THE TREATMENT IS
CLINICALLY APPROPRIATE.
SECTION 8. 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.--
* * *
(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) IN ADDITION TO ANY OTHER CONDITION OR
RESTRICTION IMPOSED, AN INDIVIDUAL WHO VIOLATES SECTION
3802 AND WHO HAS ONE OR MORE PRIOR OFFENSES MAY BE
ORDERED BY THE COURT TO PARTICIPATE IN A SUBSTANCE
MONITORING PROGRAM UNDER SECTION 3818 (RELATING TO
SUBSTANCE MONITORING PROGRAM) .
(B.1) PROBATION.--IN ADDITION TO ANY OTHER CONDITION OR
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RESTRICTION IMPOSED, AN INDIVIDUAL WHO VIOLATES SECTION 3802 AND
WHO HAS ONE OR MORE PRIOR OFFENSES MAY BE ORDERED BY THE COURT
TO PARTICIPATE IN A SUBSTANCE MONITORING PROGRAM AS A CONDITION
OF PROBATION UNDER SECTION 3818.
* * *
SECTION 9. TITLE 75 IS AMENDED BY ADDING A SECTION TO READ:
§ 3818. SUBSTANCE MONITORING PROGRAM.
(A) EVALUATION REQUIRED.--THE FOLLOWING SHALL APPLY:
(1) IN ALL OF THE FOLLOWING CIRCUMSTANCES, IN ADDITION
TO ANY OTHER CONDITION OR RESTRICTION IMPOSED, AN INDIVIDUAL
SHALL BE EVALUATED BY A COURT TO DETERMINE WHETHER, AT THE
COURT'S DISCRETION, THE INDIVIDUAL MAY BE ORDERED TO
PARTICIPATE IN A SUBSTANCE MONITORING PROGRAM:
(I) 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 ONE OR MORE PRIOR OFFENSES.
(II) WHILE ADJUDICATION OF TWO OR MORE VIOLATIONS OF
SECTION 3802 ARE CONCURRENTLY PENDING FOR AN INDIVIDUAL.
(III) AS A CONDITION OF PROBATION OR PAROLE WHERE
THE INDIVIDUAL VIOLATES SECTION 3802 AND HAS ONE OR MORE
PRIOR OFFENSES.
(2) THE COURT MAY USE THE ASSESSMENT FROM SECTION 3814
(RELATING TO DRUG AND ALCOHOL ASSESSMENTS) TO SATISFY THIS
REQUIREMENT UNDER PARAGRAPH (1).
(B) MONITORING DEVICES AND TECHNOLOGIES.--
(1) A SUBSTANCE MONITORING PROGRAM SHALL INCLUDE A
REQUIREMENT THAT THE INDIVIDUAL USE OR PARTICIPATE IN ONE OR
BOTH OF THE FOLLOWING, AS DETERMINED BY THE COURT:
(I) A CONTINUOUS ALCOHOL MONITORING DEVICE, REMOTE
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BREATH TESTING DEVICE OR ANY OTHER SIMILAR ALCOHOL
MONITORING TECHNOLOGY OR DEVICE, OTHER THAN AN IGNITION
INTERLOCK SYSTEM, AS DETERMINED BY THE COURT.
(II) RANDOM DRUG TESTING OR ANY OTHER CONTROLLED
SUBSTANCE MONITORING TECHNOLOGY OR DEVICE AS DETERMINED
BY THE COURT.
(2) WHEN DETERMINING THE DEVICES OR TECHNOLOGIES TO BE
USED UNDER PARAGRAPH (1), THE COURT SHALL CONSIDER:
(I) THE INDIVIDUAL'S PRIOR OFFENSES;
(II) THE INDIVIDUAL'S MOST RECENT VIOLATION OF
SECTION 3802;
(III) ANY PENDING ADJUDICATION OF THE INDIVIDUAL FOR
A VIOLATION OF SECTION 3802;
(IV) IN CONSULTATION WITH THE COUNTY, THE MONITORING
DEVICES AND TECHNOLOGIES AVAILABLE TO OR UTILIZED BY THE
COUNTY; AND
(V) ANY OTHER FACTOR DEEMED APPROPRIATE BY THE
COURT.
(C) DETERMINATION AND COSTS TO BE PAID.--IF THE COURT ORDERS
AN INDIVIDUAL TO PARTICIPATE IN A SUBSTANCE MONITORING PROGRAM,
THE INDIVIDUAL SHALL PAY FOR COSTS ASSOCIATED WITH THE
INDIVIDUAL'S PARTICIPATION IN THE SUBSTANCE MONITORING PROGRAM,
INCLUDING COSTS ASSOCIATED WITH ANY REQUIRED DEVICE OR
TECHNOLOGY.
(D) PROHIBITIONS.--AN INDIVIDUAL ORDERED TO PARTICIPATE IN A
SUBSTANCE MONITORING PROGRAM IS PROHIBITED FROM ALL OF THE
FOLLOWING FOR THE DURATION OF THE SUBSTANCE MONITORING PROGRAM:
(1) IMBIBING ALCOHOL, USING CONTROLLED SUBSTANCES, OR
BOTH, AS DETERMINED BY THE COURT.
(2) TAMPERING WITH ANY DEVICE OR TECHNOLOGY ASSOCIATED
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WITH THE SUBSTANCE MONITORING PROGRAM.
(3) FAILING TO COMPLY WITH ANY OTHER REQUIREMENT ORDERED
BY THE COURT AS PART OF THE SUBSTANCE MONITORING PROGRAM.
(E) CONSTRUCTION.--NOTHING IN THIS SECTION SHALL BE
CONSTRUED TO PROHIBIT A COURT FROM:
(1) ORDERING AN INDIVIDUAL PENDING ADJUDICATION FOR A
SINGLE VIOLATION OF SECTION 3802 WITH NO PRIOR OFFENSES TO
PARTICIPATE IN A SUBSTANCE MONITORING PROGRAM AS A CONDITION
OF BAIL.
(2) ORDERING AN INDIVIDUAL CONVICTED OF A VIOLATION OF
SECTION 3802 WHO HAS NO PRIOR OFFENSES TO PARTICIPATE IN A
SUBSTANCE MONITORING PROGRAM AS A CONDITION OF PROBATION OR
PAROLE.
SECTION 10. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
(1) THE FOLLOWING PROVISIONS SHALL TAKE EFFECT
IMMEDIATELY:
(I) THE AMENDMENT OF 75 PA.C.S. § 1543(B)(1.1)(I).
(II) THE ADDITION OF 75 PA.C.S. § 3807(A)(2.1).
(III) THIS SECTION.
(2) THE AMENDMENT OR ADDITION OF 75 PA.C.S. § 1532(B)(6)
AND (D) SHALL TAKE EFFECT IN 60 DAYS.
(3) THE AMENDMENT OR ADDITION OF 75 PA.C.S. § 3805(C)
AND (C.1) SHALL TAKE EFFECT IN 90 180 DAYS.
(4) THE FOLLOWING PROVISIONS SHALL TAKE EFFECT IN EIGHT
MONTHS:
(I) THE AMENDMENT OF 75 PA.C.S. § 1556(B)(1) AND
(2).
(II) THE ADDITION OF 75 PA.C.S. § 3805(H.3).
(5) THE ADDITION OF 75 PA.C.S. CH. 15 SUBCH. E SHALL
TAKE EFFECT IN 10 MONTHS.
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(6) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 120
DAYS.
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