Trial Engrossment of Amendment A07859 to House Bill 0916 P.N. 2582, Regular Session 2019-2020

A07859

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

AND WEBSTER, MARCH 20, 2019

AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF

REPRESENTATIVES, AS AMENDED, SEPTEMBER 25, 2019

AN ACT

AMENDING TITLE 75 (VEHICLES) OF THE PENNSYLVANIA CONSOLIDATED

STATUTES, IN GENERAL PROVISIONS, FURTHER PROVIDING FOR

DEFINITIONS; AND, IN LICENSING OF DRIVERS, PROVIDING FOR

CONTINUOUS ALCOHOL MONITORING DEVICE. 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

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 a definition to read:

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" or "device." A

monitoring device or instrument that:

(1) is attached to the person;

(2) is designed to automatically test the alcohol

content in a person by contact with the skin of the person at

least once per one-half hour regardless of the location on

the person;

(3) detects the presence of alcohol; and

(4) detects an attempt to tamper with, obstruct or

remove the device or instrument.

* * *

Section 2. Title 75 is amended by adding a section to read:

§ 1557. Continuous alcohol monitoring device.

(a) Violations.--A person arrested for a violation of

section 3802(b) or (c) (relating to driving under influence of

alcohol or controlled substance) within 10 years of a prior

conviction for an offense under section 3802 or while pending

adjudication for one or more prior charges of violating section

3802 shall be fitted with a continuous alcohol monitoring

device.

(b) Determination and costs to be paid.--A person fitted

with a device under subsection (a) shall pay for all costs

associated with the device, including administrative and

A07859 - 2 -

operating costs. The court may authorize the county to finance

the use of the device under subsection (a) if the court, at any

time, determines the person fitted with a device under

subsection (a) lacks the financial ability to pay all or part of

the costs of the device.

subsection (b) shall be based on an appropriate inquiry into the

financial circumstances of the person fitted with a device under

subsection (a) and an affidavit or certificate, signed by the

person fitted with a device under subsection (a), demonstrating

financial inability to pay all or part of the costs of the

device.

(d) Alcohol prohibited.--At the initial court appearance and

as a condition for release on bail, the court shall order the

person fitted with a device under subsection (a) to refrain from

consuming any alcohol and submit to monitoring by a device for

no less than 90 days.

(e) Tampering prohibited.--The court shall order the person

fitted with a device under subsection (a) to refrain from

tampering with the device.

(f) Modification or suspension of conditions.--Except where

a court finds an extension of the 90-day period under subsection

(d) is necessary to ensure the safety of the public, and

notwithstanding any law to the contrary, the court may not

modify or suspend the conditions of this section.

(g) Device fitting.--If the person under subsection (a) was

not previously fitted with a device, the court shall order the

person to be fitted with a continuous alcohol monitoring device

within 10 business days of the initial court appearance of the

person.

A07859 - 3 -

"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

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

A07859 - 4 -

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.

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

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

A07859 - 5 -

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

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

A07859 - 6 -

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:

§ 1532. Suspension of operating privilege.

* * *

(b) Suspension.--

* * *

(6) Beginning as soon as practicable, but no later than

A07859 - 7 -

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

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

A07859 - 8 -

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

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

A07859 - 9 -

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

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.]

A07859 - 10 -

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

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,

A07859 - 11 -

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

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:

A07859 - 12 -

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

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

A07859 - 13 -

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).

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

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

A07859 - 14 -

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

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

A07859 - 15 -

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.

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

A07859 - 16 -

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

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

A07859 - 17 -

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),

(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

A07859 - 18 -

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. Section 3804(e)(2) of Title 75 is amended and the

section is 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

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.

A07859 - 19 -

* * *

(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.

* * *

Section 5. Section 3805(c) and (h.2) of Title 75 are amended

and the section is amended by adding subsections to read:

§ 3805. Ignition interlock.

* * *

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).

(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

A07859 - 20 -

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.2) Declaration of compliance.--Restrictions imposed under

section 1556 [(relating to ignition interlock limited license)]

shall remain in effect until the department receives a

declaration from the person's ignition interlock device vendor,

in a form provided or approved by the department, certifying

that the following incidents have not occurred in the two

consecutive months prior to the date entered on the certificate,

and for the purposes of a suspension imposed under section

3807(d)(2), the person's ignition interlock device vendor shall

certify the following incidents have not occurred in the prior

30 days entered on the certificate:

(1) An attempt to start the vehicle with a breath

alcohol concentration of 0.08% or more, not followed within

10 minutes by a subsequent attempt with a breath alcohol

concentration lower than 0.08%.

(2) Failure to take or pass any required retest.

(3) Failure of the person to appear at the ignition

interlock system vendor when required for maintenance,

repair, calibration, monitoring, inspection or replacement of

the device such that the ignition interlock system no longer

functions as required under subsection (h).

(h.3) Notice to department.--If a violation under subsection

(h.2)(1), (2) or (3) occurs in the two consecutive months prior

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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 6. 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

(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 7. 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

A07859 - 22 -

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.--

* * *

(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 7.1. Section 3814(4) of Title 75 is amended to read:

A07859 - 23 -

§ 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.

* * *

(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.

A07859 - 24 -

(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.

(b.1) Probation.--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 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:

A07859 - 25 -

(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

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 the

individual's:

(i) prior offenses;

(ii) most recent violation of section 3802;

(iii) any pending adjudication for a violation of

section 3802;

A07859 - 26 -

(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.

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

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.

A07859 - 27 -

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 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.

(6) The remainder of this act shall take effect in 120

days.

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