PRINTER'S NO. 463
No. 409 Session of 1985
INTRODUCED BY LLOYD, CHADWICK, COY, J. L. WRIGHT, BROUJOS,
D. R. WRIGHT, BATTISTO, CLYMER, SHOWERS, PUNT, BELARDI,
WOZNIAK, NAHILL, SCHEETZ, F. E. TAYLOR, PISTELLA, BLAUM,
VROON, STABACK, E. Z. TAYLOR, NOYE, MAIALE, HOWLETT,
AFFLERBACH, HALUSKA, ANGSTADT AND DeLUCA, FEBRUARY 26, 1985
REFERRED TO COMMITTEE ON TRANSPORTATION, FEBRUARY 26, 1985
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, providing for costs to municipalities for an
3 Accelerated Rehabilitative Disposition.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 3731(e)(6) and (8) of Title 75 of the
7 Pennsylvania Consolidated Statutes are amended to read:
8 § 3731. Driving under influence of alcohol or controlled
9 substance.
10 * * *
11 (e) Penalty.--
12 * * *
13 (6) Any person who accepts Accelerated Rehabilitative
14 Disposition of any charge brought under this section shall
15 accept as conditions the imposition of and the judge shall
16 impose in addition to any other conditions all of the
17 following:
1 (i) A fee to cover the costs referred to in section
2 1548(e) (relating to costs).
3 (ii) A mandatory suspension of operating privilege
4 for a period of not less than one month but not more than
5 12 months.
6 (iii) A condition that the defendant, as a condition
7 to entering the program, make restitution to any person
8 who incurred determinable financial loss as a result of
9 the defendant's actions which resulted in a charge of
10 violating this section.
11 (iv) Court supervision for any defendant required to
12 make restitution or submit to counseling or treatment.
13 (v) Court supervision for a period of not less than
14 six months when the Court Reporting Network indicates
15 that counseling or treatment is not necessary and not
16 less than 12 months when the Court Reporting Network
17 indicates that counseling or treatment is in order.
18 (vi) A fee to cover the reasonable costs, if any, of
19 a municipal corporation in connection with a charge
20 brought under this section which results in Accelerated
21 Rehabilitative Disposition.
22 * * *
23 (8) With the exception of program costs referred to in
24 section 1548(e) or any restitution referred to in this
25 section, and with the exception of any fees imposed pursuant
26 to paragraph (6)(vi) which shall be distributed to the
27 affected municipal corporation, any fee or financial
28 condition imposed by a judge as a condition of Accelerated
29 Rehabilitative Disposition or any other preliminary
30 disposition of any charge under this section shall be
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1 distributed as provided for in 42 Pa.C.S. §§ 3571 (relating
2 to Commonwealth portion of fines, etc.) and 3573 (relating to
3 municipal corporation portion of fines, etc.).
4 * * *
5 Section 2. This act shall take effect in 60 days.
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