PRINTER'S NO. 2701
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1775
Session of
2015
INTRODUCED BY D. COSTA, DeLUCA, MILLARD, CALTAGIRONE, THOMAS,
DAVIS, CRUZ, READSHAW, McNEILL, KORTZ, KINSEY, D. PARKER AND
COHEN, JANUARY 4, 2016
REFERRED TO COMMITTEE ON TRANSPORTATION, JANUARY 4, 2016
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in bonds and
recognizances, providing for bail in driving under influence
offenses.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 5762. Bail in driving under influence offenses.
(a) General rule.--If a person is charged with a violation
of 75 Pa.C.S. § 3802 (relating to driving under influence of
alcohol or controlled substance), the installation of an
ignition interlock system on each motor vehicle owned by the
person or registered to the person shall be required for the
person to be admitted to bail if either:
(1) The person is charged with a second or subsequent
violation of 75 Pa.C.S. § 3802 within the past ten years.
(2) The magisterial district judge or judge determines
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that the installation of an ignition interlock system is
necessary to ensure the safety of any person or the
community.
(b) Responsibilities of defendant.--The defendant shall:
(1) Cause each motor vehicle owned by the defendant or
registered to the defendant to be equipped with an ignition
interlock system in accordance with the requirements for
installation under 75 Pa.C.S. § 3805 (relating to ignition
interlock).
(2) Submit proof of installation of the ignition
interlock system to the court within five business days of
release on bail, or as soon as proof of installation is
available.
(3) Participate in a continuous, 24-hour-per-day and
seven days per week, sobriety monitoring program approved by
the court until the person submits proof of installation of
the ignition interlock system under paragraph (2).
(4) Agree not to drive, operate or be in actual physical
control of the movement of any motor vehicle within this
Commonwealth unless the motor vehicle is equipped with an
ignition interlock system.
(c) Cost of installation.--
(1) The county shall pay all costs associated with
installation of an ignition interlock system and
participation in a continuous sobriety monitoring program
under this section.
(2) If the defendant is convicted, the following shall
apply:
(i) The defendant shall reimburse the county for all
costs in paragraph (1).
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(ii) If the defendant proves that the defendant is
without the financial means to pay the costs in paragraph
(1), the court may order payment of money owed in
installments appropriate to the circumstances of the
person and shall fix the amounts, times and manner of
payment.
(d) Revocation of bail.--The court shall revoke the
defendant's bail if the court finds that the defendant:
(1) Failed to submit proof of installation of the
ignition interlock system as required under paragraph (b)
(2).
(2) Was arrested for a subsequent violation of 75
Pa.C.S. § 3802.
(3) Drove, operated or was in actual physical control of
the movement of a motor vehicle not equipped with an ignition
interlock system.
(4) Tampered with an ignition interlock system as
defined in 75 Pa.C.S. § 3808 (relating to illegally operating
a motor vehicle not equipped with ignition interlock).
(5) Failed to comply with any condition of bail imposed
by the court under this section and under this chapter.
Section 2. This act shall take effect in 60 days.
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