PRINTER'S NO. 1037
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
916
Session of
2019
INTRODUCED BY STEPHENS, MURT, CALTAGIRONE, MILLARD, DeLUCA,
MENTZER, PYLE, BERNSTINE, ROTHMAN, NEILSON, WARREN AND
HERSHEY, MARCH 20, 2019
REFERRED TO COMMITTEE ON TRANSPORTATION, MARCH 20, 2019
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in general provisions, further providing for
definitions; and, in licensing of drivers, providing for
continuous alcohol monitoring device.
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 "device." A
monitoring device or instrument that:
(1) is attached to the person;
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(2) is designed to automatically test the alcohol
content in a person by contact with the skin of the person at
least once per one-half hour regardless of the location on
the person;
(3) detects the presence of alcohol; and
(4) detects an attempt to tamper with, obstruct or
remove the device or instrument.
* * *
Section 2. Title 75 is amended by adding a section to read:
§ 1557. Continuous alcohol monitoring device.
(a) Violations.--A person arrested for a violation of
section 3802(b) or (c) (relating to driving under influence of
alcohol or controlled substance) within 10 years of a prior
conviction for an offense under section 3802 or while pending
adjudication for one or more prior charges of violating section
3802 shall be fitted with a continuous alcohol monitoring
device.
(b) Determination and costs to be paid.--A person fitted
with a device under subsection (a) shall pay for all costs
associated with the device, including administrative and
operating costs. The court may authorize the county to finance
the use of the device under subsection (a) if the court, at any
time, determines the person fitted with a device under
subsection (a) lacks the financial ability to pay all or part of
the costs of the device.
(c) Financial inquiry.--A court determination under
subsection (b) shall be based on an appropriate inquiry into the
financial circumstances of the person fitted with a device under
subsection (a) and an affidavit or certificate, signed by the
person fitted with a device under subsection (a), demonstrating
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financial inability to pay all or part of the costs of the
device.
(d) Alcohol prohibited.--At the initial court appearance and
as a condition for release on bail, the court shall order the
person fitted with a device under subsection (a) to refrain from
consuming any alcohol and submit to monitoring by a device for
no less than 90 days.
(e) Tampering prohibited.--The court shall order the person
fitted with a device under subsection (a) to refrain from
tampering with the device.
(f) Modification or suspension of conditions.--Except where
a court finds an extension of the 90-day period under subsection
(d) is necessary to ensure the safety of the public, and
notwithstanding any law to the contrary, the court may not
modify or suspend the conditions of this section.
(g) Device fitting.--If the person under subsection (a) was
not previously fitted with a device, the court shall order the
person to be fitted with a continuous alcohol monitoring device
within 10 business days of the initial court appearance of the
person.
Section 3. This act shall take effect in 60 days.
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