S0773B1771A07663 DMS:EJH 10/16/20 #90 A07663
AMENDMENTS TO SENATE BILL NO. 773
Sponsor: REPRESENTATIVE KLUNK
Printer's No. 1771
Amend Bill, page 1, line 13, by inserting after
"DEFINITIONS;"
and,
Amend Bill, page 1, line 13, by inserting after "FOR"
ignition interlock limited license, for
Amend Bill, page 1, line 18, by inserting after "DISPOSITION"
, for drug and alcohol assessment
Amend Bill, page 1, line 19, by striking out "24/7 SOBRIETY"
and inserting
substance
Amend Bill, page 1, lines 19 and 20, by striking out "; AND
PROVIDING FOR A STUDY OF DRIVING UNDER THE INFLUENCE COURTS"
Amend Bill, page 10, line 3, by striking out "MORE" and
inserting
both
Amend Bill, page 10, lines 6 through 10, by striking out all
of said lines and inserting
(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.
Amend Bill, page 10, line 12, by striking out "SECTION" where
it occurs the second time and inserting
Sections
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Amend Bill, page 10, line 12, by inserting after "1543(B)
(1.1)(I)"
and 1556(b)(1) and (2)
Amend Bill, page 10, line 12, by striking out "IS" and
inserting
are
Amend Bill, page 11, by inserting between lines 16 and 17
§ 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.
* * *
Amend Bill, page 12, line 10, by inserting after "THREE"
or more
Amend Bill, page 12, lines 11 and 12, by striking out all of
said lines
Amend Bill, page 12, line 15, by striking out "A SUBSECTION"
and inserting
subsections
Amend Bill, page 12, line 22, by inserting after "COURT"
, except for those with which the offense must merge as a
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matter of law
Amend Bill, page 12, by inserting between lines 22 and 23
(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.
Amend Bill, page 13, line 3, by striking out "A SUBSECTION"
and inserting
subsections
Amend Bill, page 14, by inserting between lines 20 and 21
(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.
Amend Bill, page 15, line 10, by inserting after "PARAGRAPH"
and subsection (b)(4) is amended
Amend Bill, page 15, by inserting after line 30
* * *
(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 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
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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.
Amend Bill, page 16, lines 29 and 30; page 17, lines 1
through 6; by striking out all of said lines on said pages and
inserting
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.
Amend Bill, page 17, lines 8 through 15, by striking out
"3802(A" in line 8 and all of lines 9 through 15 and inserting
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.
Amend Bill, page 17, lines 19 through 30; pages 18 and 19,
lines 1 through 30; page 20, lines 1 through 11; by striking out
all of said lines on said pages and inserting
(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
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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;
(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.
Amend Bill, page 20, lines 12 and 13, by striking out all of
said lines and inserting
(c) Determination and costs to be paid.--If the court
orders an individual to participate in
Amend Bill, page 20, lines 18 through 30; page 21, lines 1
through 5; by striking out all of lines 18 through 30 on page
20, all of lines 1 through 4 and "(F)" in line 5 on page 21 and
inserting
(d)
Amend Bill, page 21, line 14, by striking out "(G)" and
inserting
(e)
Amend Bill, page 21, line 24, by striking out "IN 120 DAYS."
and inserting
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
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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.
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