Trial Engrossment of Amendment A07663 to Senate Bill 0773 P.N. 1771, Regular Session 2019-2020

HOUSE AMENDED

A07663

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

773

Session of

2019

INTRODUCED BY KILLION, ARGALL, BLAKE, BREWSTER, COSTA, FOLMER,

KEARNEY, MARTIN, MASTRIANO, MENSCH, PHILLIPS-HILL,

SANTARSIERO, TOMLINSON, YAW, COLLETT, BARTOLOTTA AND

DINNIMAN, AUGUST 28, 2019

AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF

REPRESENTATIVES, AS AMENDED, JUNE 10, 2020

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, in general provisions, further providing for

definitions; in licensing of drivers, further providing for

ignition interlock limited license; in driving after imbibing

alcohol or utilizing drugs, further providing for grading,

for penalties, for ignition interlock and for mandatory

sentencing and providing for 24/7 sobriety monitoring

program; and providing for a study of driving under the

influence courts.

This act may be referred to as Deana's Law.

AMENDING TITLE 75 (VEHICLES) OF THE PENNSYLVANIA CONSOLIDATED

STATUTES, IN GENERAL PROVISIONS, FURTHER PROVIDING FOR

DEFINITIONS; and, IN LICENSING OF DRIVERS, FURTHER PROVIDING

FOR ignition interlock limited license, for THE OFFENSE OF

DRIVING WHILE OPERATING PRIVILEGE IS SUSPENDED OR REVOKED; 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 assessment AND FOR

MANDATORY SENTENCING AND PROVIDING FOR 24/7 SOBRIETY

substance MONITORING PROGRAM; AND PROVIDING FOR A STUDY OF

DRIVING UNDER THE INFLUENCE COURTS.

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:

§ 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 "CAM device." A

monitoring device or instrument that:

(1) is attached to the individual;

(2) is designed to automatically test the presence of

alcohol 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.

* * *

Section 2. Section 1556(b)(2) of Title 75 is amended to

read:

§ 1556. Ignition interlock limited license.

* * *

(b) Petition.--

* * *

(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

A07663 - 2 -

additional evidence to verify the information contained in

the petition. Upon approval of the petition, the ignition

interlock device must be installed in any motor vehicle to be

operated by the individual, and proof of installation must be

provided by the ignition interlock device vendor.

* * *

Section 3. Section 3803(b)(3) and (4.1) of Title 75 are

amended and the subsection is amended by adding a paragraph 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)] 3802(e) or (f) and who has two prior offenses commits a

misdemeanor of the first degree.

(3.1) An individual who violates section 3802(b) and who

has two prior offenses commits a 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

A07663 - 3 -

third degree].

(ii) A felony of the second degree if the individual

has three prior offenses.

(iii) A felony of the first degree if the individual

has four or more prior offenses.

* * *

Section 4. Section 3804 of Title 75 is amended by adding a

subsection to read:

§ 3804. Penalties.

* * *

(c.2) Consecutive sentence.--A sentence imposed upon a

person under this section for a third or subsequent offense

shall be served consecutively to any other sentence the person

is serving and to any other sentence being then imposed by the

court.

* * *

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

to read:

§ 3805. Ignition interlock.

* * *

date of issuance of an ignition interlock restricted license

under this section, or two years from the date of issuance of an

ignition interlock restricted license under this section in the

case of a person convicted of a third or subsequent offense

under section 3802, 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:

A07663 - 4 -

(1) Proof that the person has completed the ignition

interlock restricted license period under this section.

(2) Certification by the vendor that provided the

ignition interlock device that the person has complied with

subsection (h.2).

* * *

(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).

If a violation under paragraph (1), (2) or (3) occurs, the

vendor shall notify the department as to the violation on a form

designated by the department, and the department shall notify

A07663 - 5 -

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 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.

(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).

A07663 - 6 -

(iii) At the court's discretion and consistent with

section 3818 (relating to 24/7 sobriety monitoring

program), an individual serving a sentence for a

violation of section 3802 who has two or more prior

offenses may be fitted with a CAM device for one year or

for the duration of the period of parole, whichever is

less.

(b.1) Probation.--At the court's discretion, as a condition

of a probation order and consistent with section 3818, an

individual serving a sentence for a violation of section 3802

who has two or more prior offenses may be fitted with a CAM

device for one year or for the duration of the period of

probation, whichever is less.

* * *

Section 7. Title 75 is amended by adding a section to read:

§ 3818. 24/7 sobriety monitoring program.

(a) Establishment.--A 24/7 sobriety monitoring program is

established under the Unified Judicial System of Pennsylvania.

(b) Requirements.--The use of or participation in a 24/7

sobriety monitoring program is required in one or more of the

following for no less than 90 days as a condition of bail 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 two or more prior offenses:

(1) A CAM device or any other similar 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.

A07663 - 7 -

shall pay for all costs associated with the 24/7 sobriety

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 24/7 sobriety 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 24/7 sobriety

monitoring program.

(d) Financial inquiry.--A court determination under

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

financial circumstances of the individual required to

participate in a 24/7 sobriety 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 24/7 sobriety monitoring program.

(e) Prohibitions.--An individual required to participate in

a 24/7 sobriety monitoring program is prohibited from all of the

following for the duration of the 24/7 sobriety monitoring

program:

(1) Imbibing alcohol, using controlled substances or

both as determined by the court.

(2) Tampering with devices or technologies associated

with the 24/7 sobriety monitoring program.

(3) Failing to comply with any other requirements

ordered by the court as part of the 24/7 sobriety monitoring

program.

Section 8. The Department of Transportation, in consultation

with the Pennsylvania State Police and the Administrative Office

of Pennsylvania Courts, shall evaluate the effectiveness of

driving under the influence courts in this Commonwealth and

A07663 - 8 -

submit a report with findings and recommendations to the

Transportation Committee of the Senate and the Transportation

Committee of the House of Representatives within six months of

the effective date of this section.

Section 9. This act shall take effect in 120 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

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

A07663 - 9 -

(3) DETECTS THE PRESENCE OF ALCOHOL.

* * *

"SUBSTANCE MONITORING PROGRAM." THE COURT-ORDERED USE OF OR

PARTICIPATION IN ANY ONE OR MORE 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.

(2) A REMOTE BREATH TESTING DEVICE.

(3) RANDOM DRUG TESTING OR ANY OTHER CONTROLLED

SUBSTANCE MONITORING TECHNOLOGY OR DEVICE AS DETERMINED BY

THE COURT.

(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 Sections 1543(B)(1.1)(I) and 1556(b)(1)

and (2) OF TITLE 75 IS 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

A07663 - 10 -

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,

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

A07663 - 11 -

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 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)

A07663 - 12 -

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.

(III) A FELONY OF THE FIRST DEGREE IF THE INDIVIDUAL

HAS FOUR OR MORE PRIOR OFFENSES.

* * *

SECTION 4. SECTION 3804(E)(2) OF TITLE 75 IS AMENDED AND THE

SECTION IS AMENDED BY ADDING A SUBSECTION 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

A07663 - 13 -

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.

* * *

SECTION 5. SECTION 3805(C) AND (H.2) OF TITLE 75 ARE AMENDED

AND THE SECTION IS AMENDED BY ADDING A SUBSECTION 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).

A07663 - 14 -

(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.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

A07663 - 15 -

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

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(A) OF TITLE 75 IS AMENDED BY ADDING

A PARAGRAPH and subsection (b)(4) is amended TO READ:

A07663 - 16 -

§ 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.--

* * *

(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

A07663 - 17 -

conjunction with behavioral therapies if the treatment is

clinically appropriate.

* * *

Section 7.1. Section 3814(4) of the act 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.

* * *

(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:

A07663 - 18 -

(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(A)(1) WHERE THE INDIVIDUAL REFUSED TESTING OR 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 HAS TWO OR MORE PRIOR OFFENSES SHALL BE ORDERED BY

THE COURT TO PARTICIPATE IN A SUBSTANCE MONITORING

PROGRAM UNDER SECTION 3818. 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(A)

(1) WHERE THE INDIVIDUAL REFUSED TESTING OF BREATH OR CHEMICAL

A07663 - 19 -

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 HAS TWO OR MORE PRIOR OFFENSES SHALL BE

ORDERED BY THE COURT TO PARTICIPATE IN A SUBSTANCE MONITORING

PROGRAM AS A CONDITION OF PROBATION UNDER SECTION 3818. 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) MANDATORY PARTICIPATION.--A COURT SHALL REQUIRE AN

INDIVIDUAL TO PARTICIPATE IN A SUBSTANCE MONITORING PROGRAM AS

FOLLOWS:

(1) AS A CONDITION OF PROBATION OR PAROLE, IN ADDITION

TO ANY OTHER CONDITION OR RESTRICTION IMPOSED, A COURT SHALL

ORDER AN INDIVIDUAL TO PARTICIPATE IN A SUBSTANCE MONITORING

PROGRAM FOR ONE YEAR OR FOR THE DURATION OF THE PROBATION OR

PAROLE, WHICHEVER IS LESS, IN ALL OF THE FOLLOWING

CIRCUMSTANCES WHERE THE INDIVIDUAL HAS TWO OR MORE PRIOR

OFFENSES:

(I) THE INDIVIDUAL VIOLATES SECTION 3802(C) OR (D)

(RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR

CONTROLLED SUBSTANCE).

(II) THE INDIVIDUAL VIOLATES SECTION 3802(A)(1) AND

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.

A07663 - 20 -

(2) AS A CONDITION OF BAIL, IN ADDITION TO ANY OTHER

CONDITION OR RESTRICTION IMPOSED, A COURT SHALL ORDER AN

INDIVIDUAL TO PARTICIPATE IN A SUBSTANCE MONITORING PROGRAM

FOR NO LESS THAN 90 DAYS IN ALL OF THE FOLLOWING

CIRCUMSTANCES:

(I) THE INDIVIDUAL IS PENDING ADJUDICATION FOR A

VIOLATION OF SECTION 3802 AND HAS THREE OR MORE PRIOR

OFFENSES.

(II) THE INDIVIDUAL IS PENDING ADJUDICATION FOR A

VIOLATION OF SECTION 3802 AND HAS A COMBINATION OF PRIOR

OFFENSES AND PENDING ADJUDICATIONS FOR A VIOLATION OF

SECTION 3802 EQUAL TO THREE OR MORE.

(B) EVALUATION REQUIRED.--IN ADDITION TO ANY OTHER CONDITION

OR RESTRICTION IMPOSED, AN INDIVIDUAL WHO IS NOT REQUIRED TO

PARTICIPATE IN A SUBSTANCE MONITORING PROGRAM UNDER SUBSECTION

(A) 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 AS FOLLOWS:

(1) AS A CONDITION OF PROBATION OR PAROLE WHERE THE

INDIVIDUAL VIOLATES SECTION 3802 AND HAS ONE OR MORE PRIOR

OFFENSES.

(2) AS A CONDITION OF BAIL WHERE THE INDIVIDUAL IS

PENDING ADJUDICATION FOR A VIOLATION OF SECTION 3802 AND HAS

ONE OR MORE PRIOR OFFENSES.

(3) AS A CONDITION OF BAIL WHERE THE INDIVIDUAL IS

PENDING ADJUDICATION CONCURRENTLY FOR TWO OR MORE VIOLATIONS

OF SECTION 3802.

(1) EXCEPT AS PROVIDED IN PARAGRAPH (2), WHEN

DETERMINING THE MONITORING DEVICES, TECHNOLOGIES OR TESTING

A07663 - 21 -

REQUIREMENTS TO BE REQUIRED AS PART OF A SUBSTANCE MONITORING

PROGRAM, THE COURT SHALL HAVE THE DISCRETION TO DETERMINE THE

DEVICES, TECHNOLOGIES AND TESTING REQUIREMENTS TO BE USED

BASED UPON THE INDIVIDUAL'S:

(I) PRIOR OFFENSES;

(II) MOST RECENT VIOLATION OF SECTION 3802;

(III) ANY PENDING ADJUDICATION FOR A VIOLATION OF

SECTION 3802; AND

(IV) ANY OTHER FACTOR DEEMED APPROPRIATE BY THE

COURT.

(2) THE COURT SHALL REQUIRE THE USE OF A CONTINUOUS

ALCOHOL MONITORING DEVICE AS PART OF A SUBSTANCE MONITORING

PROGRAM FOR AN INDIVIDUAL PARTICIPATING IN A SUBSTANCE

MONITORING PROGRAM UNDER SUBSECTION (A) AS FOLLOWS:

(I) IF THE INDIVIDUAL VIOLATED SECTION 3802(C);

(II) IF THE INDIVIDUAL HAS A PENDING ADJUDICATION

FOR A VIOLATION OF SECTION 3802(C);

(III) IF THE INDIVIDUAL HAS A PRIOR OFFENSE FOR A

VIOLATION OF SECTION 3802(B) OR (C);

(IV) IF THE INDIVIDUAL VIOLATED SECTION 3802(A)(1)

AND 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

(V) IF THE INDIVIDUAL IS PENDING ADJUDICATION FOR A

VIOLATION OF SECTION 3802(A)(1) AND REFUSED TESTING FOR

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.

A07663 - 22 -

(3) THE COURT SHALL REQUIRE A REMOTE BREATH TESTING

DEVICE IN LIEU OF A CONTINUOUS ALCOHOL MONITORING DEVICE

REQUIRED UNDER PARAGRAPH (2) IF THE INDIVIDUAL IS UNABLE TO

USE A CONTINUOUS ALCOHOL MONITORING DEVICE DUE TO A PHYSICAL

LIMITATION OR MEDICAL CONDITION AS DETERMINED BY THE COURT.

(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

breath testing device or any other similar alcohol

monitoring technology or device, other than an ignition

A07663 - 23 -

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;

(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.

(D) DETERMINATION AND COSTS TO BE PAID.--

(1) IF THE COURT ORDERS AN INDIVIDUAL TO PARTICIPATE IN

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.

(2) THE COURT MAY ORDER 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 COSTS ASSOCIATED WITH THE

INDIVIDUAL'S PARTICIPATION IN A SUBSTANCE MONITORING PROGRAM.

(E) FINANCIAL INQUIRY.--

A07663 - 24 -

(1) A COURT DETERMINATION UNDER SUBSECTION (D) 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.

(2) A COURT MAY REASSESS THE INDIVIDUAL'S ABILITY TO PAY

AT ANY TIME DURING THE DURATION OF THE SUBSTANCE MONITORING

PROGRAM AND MAKE SUBSEQUENT APPROPRIATE INQUIRIES INTO THE

FINANCIAL CIRCUMSTANCES OF THE INDIVIDUAL.

(F) (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.

(G) (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.

A07663 - 25 -

SECTION 10. THIS ACT SHALL TAKE EFFECT IN 120 DAYS. as

follows:

(1) The amendment of 75 Pa.C.S. § 1543(b)(1.1) shall

take effect immediately.

(2) The amendment of 75 Pa.C.S. § 1556(b) shall take

effect in eight months.

(3) The amendment or addition of 75 Pa.C.S. § 3805(c)

and (c.1) shall take effect in 90 days.

(4) The addition of 75 Pa.C.S. § 3805(h.3) shall take

effect in eight months.

(5) The amendment of 75 Pa.C.S. § 3807(a) shall take

effect immediately.

(6) This section shall take effect immediately.

(7) The remainder of this act shall take effect in four

months.

A07663 - 26 -