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A00600
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
521
Session of
2021
INTRODUCED BY STEPHENS, HILL-EVANS, THOMAS, NEILSON, MILLARD,
HENNESSEY, BERNSTINE AND FREEMAN, FEBRUARY 11, 2021
AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, MARCH 23, 2021
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
the offense of driving while operating privilege is suspended
or revoked; and, in driving after imbibing alcohol or
utilizing drugs, further providing for PRIOR OFFENSES, FOR
Accelerated Rehabilitative Disposition, for drug and alcohol
assessments and for mandatory sentencing and providing for
substance monitoring program.
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
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 SECTIONS 1543(b)(1.1)(i) AND 3806(B)(1)
of Title 75 is ARE amended to read:
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§ 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,
upon a first conviction, be guilty of a summary offense
and shall be sentenced to pay a fine of $1,000 and to
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undergo imprisonment for a period of not less than 90
days.
* * *
§ 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 3. Section 3807(a) of Title 75 is amended by adding
a paragraph to read:
Section 3. 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.--
* * *
(3) 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:
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(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 4. 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
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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 4 5. 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:
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(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
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 5 6. Title 75 is amended by adding a section to
read:
§ 3818. Substance monitoring program.
(a) Evaluation required.--
(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
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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 the
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:
(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
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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 or 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 ordering:
(1) 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) 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 6 7. This act shall take effect as follows:
(1) The following provisions shall take effect
immediately:
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(i) The addition of 75 Pa.C.S. § 3807(a)(3).
(ii) This section.
(2) The following provisions shall take effect in 60
days:
(i) The amendment of 75 Pa.C.S. § 3807(b)(4).
(ii) The amendment of 75 Pa.C.S. § 3814(4).
(2) (3) The remainder of this act shall take effect in
120 days.
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