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PRIOR PRINTER'S NO. 1037
PRINTER'S NO. 2582
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, HERSHEY
AND WEBSTER, MARCH 20, 2019
AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, SEPTEMBER 25, 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. IN DRIVING AFTER
IMBIBING ALCOHOL OR UTILIZING DRUGS, PROVIDING FOR EVALUATION
FOR SUBSTANCE MONITORING.
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:
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:
* * *
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"Continuous alcohol monitoring device" or "device." A
monitoring device or instrument that:
(1) is attached to the person;
(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
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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
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.
"CONTINUOUS ALCOHOL MONITORING DEVICE." A MONITORING DEVICE
OR INSTRUMENT THAT:
(1) IS ATTACHED TO THE INDIVIDUAL;
(2) IS DESIGNED TO AUTOMATICALLY TEST THE ALCOHOL
CONTENT IN AN INDIVIDUAL BY CONTACT WITH THE SKIN OF THE
INDIVIDUAL AT LEAST ONCE PER ONE-HALF HOUR REGARDLESS OF THE
LOCATION ON THE INDIVIDUAL;
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(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 THE INDIVIDUAL; AND
(3) DETECTS THE PRESENCE OF ALCOHOL.
* * *
"SUBSTANCE MONITORING PROGRAM." THE REQUIRED USE OF OR
PARTICIPATION IN ONE OR MORE OF THE FOLLOWING FOR NO LESS THAN
90 DAYS AS A CONDITION OF BAIL:
(1) A CONTINUOUS ALCOHOL MONITORING DEVICE, REMOTE
BREATH TESTING DEVICE OR ANY OTHER ALCOHOL MONITORING
TECHNOLOGY OR DEVICE.
(2) RANDOM DRUG TESTING OR ANY OTHER CONTROLLED
SUBSTANCE MONITORING TECHNOLOGY OR DEVICE.
* * *
SECTION 2. TITLE 75 IS AMENDED BY ADDING A SECTION TO READ:
§ 3818. EVALUATION FOR SUBSTANCE MONITORING.
(A) EVALUATION REQUIRED.--IN ALL OF THE FOLLOWING
CIRCUMSTANCES 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:
(1) 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 CONVICTIONS FOR AN OFFENSE UNDER SECTION 3802 WITHIN 10
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YEARS OF THE CURRENT OFFENSE.
(2) WHILE ADJUDICATION OF TWO OR MORE VIOLATIONS OF
SECTION 3802 IS CONCURRENTLY PENDING FOR AN INDIVIDUAL.
(B) DETERMINATION AND COSTS TO BE PAID.--IF THE COURT
REQUIRES AN INDIVIDUAL TO PARTICIPATE IN A SUBSTANCE MONITORING
PROGRAM AFTER AN EVALUATION IS ADMINISTERED UNDER SUBSECTION
(A), THE INDIVIDUAL SHALL PAY FOR ALL COSTS ASSOCIATED WITH THE
SUBSTANCE MONITORING PROGRAM, INCLUDING ADMINISTRATIVE AND
OPERATING COSTS OR COSTS ASSOCIATED WITH ANY REQUIRED DEVICES OR
TECHNOLOGIES. THE COURT MAY AUTHORIZE THE COUNTY TO FINANCE
COSTS ASSOCIATED WITH THE SUBSTANCE MONITORING PROGRAM IF THE
COURT, AT ANY TIME, DETERMINES THE INDIVIDUAL LACKS THE
FINANCIAL ABILITY TO PAY ALL OR PART OF COSTS ASSOCIATED WITH A
SUBSTANCE MONITORING PROGRAM.
(C) FINANCIAL INQUIRY.--A COURT DETERMINATION UNDER
SUBSECTION (B) SHALL BE BASED ON AN APPROPRIATE INQUIRY INTO THE
FINANCIAL CIRCUMSTANCES OF THE INDIVIDUAL REQUIRED TO
PARTICIPATE IN A SUBSTANCE MONITORING PROGRAM AND AN AFFIDAVIT
OR CERTIFICATE, SIGNED BY THAT INDIVIDUAL, DEMONSTRATING
FINANCIAL INABILITY TO PAY ALL OR PART OF THE COSTS ASSOCIATED
WITH THE SUBSTANCE MONITORING PROGRAM.
(D) PROHIBITIONS.--AN INDIVIDUAL REQUIRED 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, USING CONTROLLED SUBSTANCES OR
BOTH AS DETERMINED BY THE COURT.
(2) TAMPERING WITH ANY DEVICES OR TECHNOLOGIES
ASSOCIATED WITH THE SUBSTANCE MONITORING PROGRAM.
(3) FAILING TO COMPLY WITH ANY OTHER REQUIREMENTS
ORDERED BY THE COURT AS PART OF THE SUBSTANCE MONITORING
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PROGRAM.
(E) CONSTRUCTION.--NOTHING IN THIS SECTION SHALL BE
CONSTRUED TO PROHIBIT A COURT FROM PERFORMING A SUBSTANCE
MONITORING PROGRAM EVALUATION ON AN INDIVIDUAL PENDING
ADJUDICATION FOR A SINGLE VIOLATION OF SECTION 3802 WITH NO
PREVIOUS CONVICTIONS FOR AN OFFENSE UNDER SECTION 3802 WITHIN
THE PREVIOUS 10 YEARS.
Section 3. This act shall take effect in 60 days.
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