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HOUSE AMENDED
PRIOR PRINTER'S NOS. 1148, 1408, 1468,
1771
PRINTER'S NO. 2104
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
773
Session of
2019
INTRODUCED BY KILLION, ARGALL, BLAKE, BREWSTER, COSTA, FOLMER,
KEARNEY, MARTIN, MASTRIANO, MENSCH, PHILLIPS-HILL,
SANTARSIERO, TOMLINSON, YAW, COLLETT, BARTOLOTTA AND
DINNIMAN, AUGUST 28, 2019
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
OCTOBER 20, 2020
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in general provisions, further providing for
definitions; in licensing of drivers, further providing for
ignition interlock limited license; in driving after imbibing
alcohol or utilizing drugs, further providing for grading,
for penalties, for ignition interlock and for mandatory
sentencing and providing for 24/7 sobriety monitoring
program; and providing for a study of driving under the
influence courts.
This act may be referred to as Deana's Law.
AMENDING TITLE 75 (VEHICLES) OF THE PENNSYLVANIA CONSOLIDATED
STATUTES, IN GENERAL PROVISIONS, FURTHER PROVIDING FOR
DEFINITIONS; IN LICENSING OF DRIVERS, FURTHER PROVIDING FOR
SUSPENSION OF OPERATING PRIVILEGE, FOR THE OFFENSE OF DRIVING
WHILE OPERATING PRIVILEGE IS SUSPENDED OR REVOKED AND FOR
IGNITION INTERLOCK LIMITED LICENSE AND PROVIDING FOR RELIEF
FROM ADMINISTRATIVE SUSPENSION PROGRAM; IN COMMERCIAL
DRIVERS, FURTHER PROVIDING FOR DEFINITIONS; AND, IN DRIVING
AFTER IMBIBING ALCOHOL OR UTILIZING DRUGS, FURTHER PROVIDING
FOR DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED
SUBSTANCE, FOR GRADING, FOR PENALTIES, FOR IGNITION
INTERLOCK, FOR PRIOR OFFENSES, FOR ACCELERATED REHABILITATIVE
DISPOSITION, FOR AUTHORIZED USE NOT A DEFENSE, FOR DRUG AND
ALCOHOL ASSESSMENTS AND FOR MANDATORY SENTENCING AND
PROVIDING FOR 24/7 SOBRIETY SUBSTANCE MONITORING PROGRAM; AND
PROVIDING FOR A STUDY OF DRIVING UNDER THE INFLUENCE COURTS.
THIS ACT MAY BE REFERRED TO AS DEANA'S LAW.
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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 "CAM device." A
monitoring device or instrument that:
(1) is attached to the individual;
(2) is designed to automatically test the presence of
alcohol 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;
(3) detects the presence of alcohol; and
(4) detects an attempt to tamper with, obstruct or
remove the device or instrument.
* * *
Section 2. Section 1556(b)(2) of Title 75 is amended to
read:
§ 1556. Ignition interlock limited license.
* * *
(b) Petition.--
* * *
(2) The petition shall also include proof of financial
responsibility covering each vehicle the applicant requests
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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. Upon approval of the petition, the ignition
interlock device must be installed in any motor vehicle to be
operated by the individual, and proof of installation must be
provided by the ignition interlock device vendor.
* * *
Section 3. Section 3803(b)(3) and (4.1) of Title 75 are
amended and the subsection is amended by adding a paragraph to
read:
§ 3803. Grading.
* * *
(b) Other offenses.--
* * *
(3) An individual who violates section 3802(a)(1) where
there was an accident resulting in bodily injury, serious
bodily injury or death of any person or in damage to a
vehicle or other property, or who violates section [3802(b),
(e)] 3802(e) or (f) and who has two prior offenses commits a
misdemeanor of the first degree.
(3.1) An individual who violates section 3802(b) and who
has two prior offenses commits a felony of the third degree.
* * *
(4.1) An individual who violates 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 who violates
section 3802(c) or (d) [and who] commits:
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(i) A felony of the third degree if the individual
has two [or more] prior offenses [commits a felony of the
third degree].
(ii) A felony of the second degree if the individual
has three prior offenses.
(iii) A felony of the first degree if the individual
has four or more prior offenses.
* * *
Section 4. Section 3804 of Title 75 is amended by adding a
subsection to read:
§ 3804. Penalties.
* * *
(c.2) Consecutive sentence.--A sentence imposed upon a
person under this section for a third or subsequent offense
shall be served consecutively to any other sentence the person
is serving and to any other sentence being then imposed by the
court.
* * *
Section 5. Section 3805(c) and (h.2) of Title 75 are amended
to read:
§ 3805. Ignition interlock.
* * *
(c) Issuance of unrestricted license.--One year from the
date of issuance of an ignition interlock restricted license
under this section, or two years from the date of issuance of an
ignition interlock restricted license under this section in the
case of a person convicted of a third or subsequent offense
under section 3802, if otherwise eligible, a person may be
issued a replacement license under section 1951(d) that does not
contain the ignition interlock system restriction. The
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department shall not issue an unrestricted license until a
person has presented all of the following:
(1) Proof that the person has completed the ignition
interlock restricted license period under this section.
(2) Certification by the vendor that provided the
ignition interlock device that the person has complied with
subsection (h.2).
* * *
(h.2) Declaration of compliance.--Restrictions imposed under
section 1556 (relating to ignition interlock limited license)
shall remain in effect until the department receives a
declaration from the person's ignition interlock device vendor,
in a form provided or approved by the department, certifying
that the following incidents have not occurred in the two
consecutive months prior to the date entered on the certificate,
and for the purposes of a suspension imposed under section
3807(d)(2), the person's ignition interlock device vendor shall
certify the following incidents have not occurred in the prior
30 days entered on the certificate:
(1) An attempt to start the vehicle with a breath
alcohol concentration of 0.08% or more, not followed within
10 minutes by a subsequent attempt with a breath alcohol
concentration lower than 0.08%.
(2) Failure to take or pass any required retest.
(3) Failure of the person to appear at the ignition
interlock system vendor when required for maintenance,
repair, calibration, monitoring, inspection or replacement of
the device such that the ignition interlock system no longer
functions as required under subsection (h).
If a violation under paragraph (1), (2) or (3) occurs, the
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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.
* * *
Section 6. Section 3815(b)(2) of Title 75 is amended and the
section is amended by adding a subsection to read:
§ 3815. Mandatory sentencing.
* * *
(b) Parole.--
* * *
(2) The following shall be conditions of parole:
(i) If the offender is not determined under the
procedures set forth in section 3814 to be addicted to
alcohol or another substance, the offender must refrain
from:
(A) the use of illegal controlled substances;
and
(B) the abuse of prescription drugs, over-the-
counter drugs or any other substances.
(ii) If the offender is determined under the
procedures set forth in section 3814 to be addicted to
alcohol or another substance, the offender must do all of
the following:
(A) Refrain from:
(I) the use of alcohol or illegal controlled
substances; and
(II) the abuse of prescription drugs, over-
the-counter drugs or any other substances.
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(B) Participate in and cooperate with drug and
alcohol addiction treatment under subsection (c).
(iii) At the court's discretion and consistent with
section 3818 (relating to 24/7 sobriety monitoring
program), an individual serving a sentence for a
violation of section 3802 who has two or more prior
offenses may be fitted with a CAM device for one year or
for the duration of the period of parole, whichever is
less.
(b.1) Probation.--At the court's discretion, as a condition
of a probation order and consistent with section 3818, an
individual serving a sentence for a violation of section 3802
who has two or more prior offenses may be fitted with a CAM
device for one year or for the duration of the period of
probation, whichever is less.
* * *
Section 7. Title 75 is amended by adding a section to read:
§ 3818. 24/7 sobriety monitoring program.
(a) Establishment.--A 24/7 sobriety monitoring program is
established under the Unified Judicial System of Pennsylvania.
(b) Requirements.--The use of or participation in a 24/7
sobriety monitoring program is required in one or more of the
following for no less than 90 days as a condition of bail 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 two or more prior offenses:
(1) A CAM device or any other similar 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
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the court.
(c) Determination and costs to be paid.--The individual
shall pay for all costs associated with the 24/7 sobriety
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 24/7 sobriety 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 24/7 sobriety
monitoring program.
(d) Financial inquiry.--A court determination under
subsection (c) shall be based on an appropriate inquiry into the
financial circumstances of the individual required to
participate in a 24/7 sobriety 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 24/7 sobriety monitoring program.
(e) Prohibitions.--An individual required to participate in
a 24/7 sobriety monitoring program is prohibited from all of the
following for the duration of the 24/7 sobriety monitoring
program:
(1) Imbibing alcohol, using controlled substances or
both as determined by the court.
(2) Tampering with devices or technologies associated
with the 24/7 sobriety monitoring program.
(3) Failing to comply with any other requirements
ordered by the court as part of the 24/7 sobriety monitoring
program.
Section 8. The Department of Transportation, in consultation
with the Pennsylvania State Police and the Administrative Office
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of Pennsylvania Courts, shall evaluate the effectiveness of
driving under the influence courts in this Commonwealth and
submit a report with findings and recommendations to the
Transportation Committee of the Senate and the Transportation
Committee of the House of Representatives within six months of
the effective date of this section.
Section 9. This act shall take effect in 120 days.
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:
* * *
"CONTINUOUS ALCOHOL MONITORING DEVICE." A MONITORING DEVICE
OR INSTRUMENT THAT:
(1) IS ATTACHED TO AN INDIVIDUAL;
(2) IS DESIGNED TO AUTOMATICALLY AND FREQUENTLY TEST THE
PRESENCE OF ALCOHOL IN THE INDIVIDUAL REGARDLESS OF THE
METHOD BY WHICH THE DEVICE OR INSTRUMENT IS ATTACHED TO THE
INDIVIDUAL;
(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;
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(2) HAS THE ABILITY TO CONFIRM THE IDENTITY AND LOCATION
OF AN INDIVIDUAL; AND
(3) DETECTS THE PRESENCE OF ALCOHOL.
* * *
"SUBSTANCE MONITORING PROGRAM." THE COURT-ORDERED USE OF OR
PARTICIPATION IN ANY ONE OR MORE BOTH OF THE FOLLOWING AS A
CONDITION OF BAIL, PROBATION OR PAROLE CONSISTENT WITH SECTION
3818 (RELATING TO SUBSTANCE MONITORING PROGRAM):
(1) A CONTINUOUS ALCOHOL MONITORING DEVICE.
(2) A REMOTE BREATH TESTING DEVICE.
(3) RANDOM DRUG TESTING OR ANY OTHER CONTROLLED
SUBSTANCE MONITORING TECHNOLOGY OR DEVICE AS DETERMINED BY
THE COURT.
(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.
* * *
SECTION 2. SECTION 1543(B)(1.1)(I) OF TITLE 75 IS AMENDED TO
READ: SECTION 1532(D) OF TITLE 75 IS AMENDED AND SUBSECTION (B)
IS AMENDED BY ADDING A PARAGRAPH TO READ:
§ 1532. SUSPENSION OF OPERATING PRIVILEGE.
* * *
(B) SUSPENSION.--
* * *
(6) BEGINNING AS SOON AS PRACTICABLE, BUT NO LATER THAN
10 MONTHS AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH, THE
DEPARTMENT SHALL UPDATE DRIVER RECORDS AS FOLLOWS:
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(I) IF A DRIVER RECORD SHOWS ON THE EFFECTIVE DATE
OF THIS PARAGRAPH AN ACTIVE SANCTION IMPOSED BY THE
DEPARTMENT FOR A CONVICTION OF ANY OFFENSE UNDER A
FEDERAL, STATE OR OTHER STATE'S CONTROLLED SUBSTANCE
LAWS, EXCEPT FOR AN OFFENSE UNDER SECTION 1532(A), THE
DRIVER RECORD WILL BE CHANGED TO INDICATE THE ACTIVE
DEPARTMENTAL SANCTION HAS ENDED. THE FOLLOWING SHALL
APPLY:
(A) IF THE ENDING OF THE ACTIVE DEPARTMENTAL
SANCTION MEANS A DRIVER'S OPERATING PRIVILEGE IS
ELIGIBLE FOR RESTORATION, NO POINTS WILL BE PLACED ON
THE DRIVER RECORD AS REQUIRED BY SECTION 1545
(RELATING TO RESTORATION OF OPERATING PRIVILEGE) AND
NO RESTORATION FEE SHALL BE IMPOSED AS REQUIRED BY
SECTION 1960 (RELATING TO REINSTATEMENT OF OPERATING
PRIVILEGE OR VEHICLE REGISTRATION).
(B) IF A DRIVER RECORD SHOWS A PENDING
DEPARTMENTAL SANCTION AFTER THE ACTIVE SANCTION
IMPOSED BY THE DEPARTMENT FOR A CONVICTION OF ANY
OFFENSE UNDER A FEDERAL, STATE OR OTHER STATE'S
CONTROLLED SUBSTANCE LAWS, EXCEPT FOR AN OFFENSE
UNDER SECTION 1532(A), THE EFFECTIVE DATES OF THE
PENDING DEPARTMENTAL SANCTION WILL BE ADJUSTED AS IF
THE ACTIVE SANCTION ENDED UNDER THIS SUBSECTION HAD
BEEN RESCINDED FROM THE RECORD.
(II) IF A DRIVER RECORD SHOWS ON THE EFFECTIVE DATE
OF THIS PARAGRAPH A PENDING SANCTION IMPOSED BY THE
DEPARTMENT FOR A CONVICTION OF ANY OFFENSE UNDER A
FEDERAL, STATE OR OTHER STATE'S CONTROLLED SUBSTANCE
LAWS, EXCEPT FOR AN OFFENSE UNDER SECTION 1532(A), THE
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DRIVER RECORD WILL BE CHANGED TO INDICATE THAT THE
PENDING SANCTION WILL NOT BE IMPOSED. THE EFFECTIVE DATES
FOR A DEPARTMENTAL SANCTION TO BE IMPOSED AFTER A
CONVICTION OF ANY OFFENSE UNDER A FEDERAL, STATE OR OTHER
STATE'S CONTROLLED SUBSTANCE LAWS WILL BE ADJUSTED AS IF
THE CONTROLLED SUBSTANCE-RELATED DEPARTMENTAL SANCTION
HAD BEEN RESCINDED FROM THE RECORD.
(III) IF A DRIVER RECORD SHOWS ON THE EFFECTIVE DATE
OF THIS PARAGRAPH AN ACTIVE SUSPENSION IMPOSED UNDER
FORMER SUBSECTION (D), THE DRIVER RECORD WILL BE CHANGED
TO INDICATE THE SUSPENSION HAS ENDED. THE FOLLOWING SHALL
APPLY:
(A) IF THE ENDING OF THE SUSPENSION MEANS THE
DRIVER'S OPERATING PRIVILEGE IS ELIGIBLE FOR
RESTORATION, NO RESTORATION FEE SHALL BE IMPOSED AS
REQUIRED BY SECTION 1960.
(B) IF THE DRIVER RECORD SHOWS ANY PENDING
DEPARTMENTAL SANCTION AFTER THE SUSPENSION IMPOSED
UNDER FORMER SUBSECTION (D), THE EFFECTIVE DATES OF
ANY SUCH PENDING DEPARTMENTAL SANCTION WILL BE
ADJUSTED AS IF THE SUSPENSION ENDED UNDER THIS
SECTION HAD BEEN RESCINDED FROM THE RECORD.
(IV) IF THE DRIVER RECORD SHOWS ON THE EFFECTIVE
DATE OF THIS PARAGRAPH A PENDING SUSPENSION IMPOSED UNDER
FORMER SUBSECTION (D), THE DRIVER RECORD WILL BE CHANGED
TO INDICATE THE SUSPENSION WILL NOT BE IMPOSED. THE
EFFECTIVE DATES FOR ANY DEPARTMENTAL SANCTIONS TO BE
IMPOSED AFTER THE PENDING SUSPENSION UNDER FORMER
SUBSECTION (D) WILL BE ADJUSTED AS IF THE PENDING
SUSPENSION HAD BEEN RESCINDED FROM THE RECORD.
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* * *
[(D) ADDITIONAL SUSPENSION.--THE DEPARTMENT SHALL SUSPEND
THE OPERATING PRIVILEGE OF ANY PERSON UPON RECEIVING A CERTIFIED
RECORD OF THE DRIVER'S CONVICTION, ADJUDICATION OF DELINQUENCY
OR ADMISSION INTO A PREADJUDICATION PROGRAM FOR A VIOLATION
UNDER 18 PA.C.S. § 6307 (RELATING TO MISREPRESENTATION OF AGE TO
SECURE LIQUOR OR MALT OR BREWED BEVERAGES), 6308 (RELATING TO
PURCHASE, CONSUMPTION, POSSESSION OR TRANSPORTATION OF LIQUOR OR
MALT OR BREWED BEVERAGES) OR 6310.3 (RELATING TO CARRYING A
FALSE IDENTIFICATION CARD). THE DURATION OF THE SUSPENSION SHALL
BE AS FOLLOWS:
(1) FOR A FIRST OFFENSE, THE DEPARTMENT SHALL IMPOSE A
SUSPENSION FOR A PERIOD OF 90 DAYS.
(2) FOR A SECOND OFFENSE, THE DEPARTMENT SHALL IMPOSE A
SUSPENSION FOR A PERIOD OF ONE YEAR.
(3) FOR A THIRD AND SUBSEQUENT OFFENSE, THE DEPARTMENT
SHALL IMPOSE A SUSPENSION FOR A PERIOD OF TWO YEARS. ANY
MULTIPLE SUSPENSIONS IMPOSED SHALL BE SERVED CONSECUTIVELY.
COURTS MAY CERTIFY THE CONVICTION, ADJUDICATION OF
DELINQUENCY OR ADMISSION INTO THE PREADJUDICATION PROGRAM ON THE
SAME FORM USED TO SUBMIT THE ORDER OF SUSPENSION REQUIRED UNDER
THE PROVISIONS OF 18 PA.C.S. § 6310.4 (RELATING TO RESTRICTION
OF OPERATING PRIVILEGES). WHEREVER PRACTICABLE, THE SUSPENSION
IMPOSED UNDER THIS SECTION SHALL BE MADE CONCURRENT WITH THE
SUSPENSION IMPOSED UNDER THE PROVISIONS OF 18 PA.C.S. § 6310.4.
ALL OFFENSES COMMITTED ON OR AFTER MAY 23, 1988, SHALL BE
INCLUDED IN CONSIDERING WHETHER AN OFFENSE IS A FIRST, SECOND,
THIRD OR SUBSEQUENT OFFENSE.]
SECTION 2.1. SECTIONS 1543(B)(1.1)(I) AND 1556(B)(1) AND (2)
OF TITLE 75 ARE AMENDED TO READ:
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§ 1543. DRIVING WHILE OPERATING PRIVILEGE IS SUSPENDED OR
REVOKED.
* * *
(B) CERTAIN OFFENSES.--
* * *
(1.1) (I) A PERSON WHO HAS AN AMOUNT OF ALCOHOL BY
WEIGHT IN HIS BLOOD THAT IS EQUAL TO OR GREATER THAN .02%
AT THE TIME OF TESTING OR WHO AT THE TIME OF TESTING HAS
IN HIS BLOOD ANY AMOUNT OF A SCHEDULE I OR NONPRESCRIBED
SCHEDULE II OR III CONTROLLED SUBSTANCE, AS DEFINED IN
THE ACT OF APRIL 14, 1972 (P.L.233, NO.64), KNOWN AS THE
CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT, OR
ITS METABOLITE OR [WHO REFUSES TESTING OF BLOOD OR
BREATH] WHO REFUSES TESTING OF BREATH UNDER SECTION 1547
(RELATING TO CHEMICAL TESTING TO DETERMINE AMOUNT OF
ALCOHOL OR CONTROLLED SUBSTANCE) OR CHEMICAL TESTING OF
BLOOD 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, AND
WHO DRIVES A MOTOR VEHICLE ON ANY HIGHWAY OR TRAFFICWAY
OF THIS COMMONWEALTH AT A TIME WHEN THE PERSON'S
OPERATING PRIVILEGE IS SUSPENDED OR REVOKED AS A
CONDITION OF ACCEPTANCE OF ACCELERATED REHABILITATIVE
DISPOSITION FOR A VIOLATION OF SECTION 3802 OR FORMER
SECTION 3731 OR BECAUSE OF A VIOLATION OF SECTION 1547(B)
(1) OR 3802 OR FORMER SECTION 3731 OR IS SUSPENDED UNDER
SECTION 1581 FOR AN OFFENSE SUBSTANTIALLY SIMILAR TO A
VIOLATION OF SECTION 3802 OR FORMER SECTION 3731 SHALL,
UPON A FIRST CONVICTION, BE GUILTY OF A SUMMARY OFFENSE
AND SHALL BE SENTENCED TO PAY A FINE OF $1,000 AND TO
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UNDERGO IMPRISONMENT FOR A PERIOD OF NOT LESS THAN 90
DAYS.
* * *
§ 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.
* * *
SECTION 2.2. CHAPTER 15 OF TITLE 75 IS AMENDED BY ADDING A
SUBCHAPTER TO READ:
SUBCHAPTER E
RELIEF FROM ADMINISTRATIVE SUSPENSION PROGRAM
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SEC.
1591. DEFINITIONS.
1592. RELIEF FROM ADMINISTRATIVE SUSPENSION PROGRAM.
1593. PROGRAM REQUIREMENTS.
1594. USE OF REVENUE.
1595. PROCEEDINGS RELATING TO VIOLATIONS BARRED.
§ 1591. DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS SUBCHAPTER
SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
CONTEXT CLEARLY INDICATES OTHERWISE:
"COURT." THE ISSUING AUTHORITY OR COURT OF COMPETENT
JURISDICTION WHICH NOTIFIED THE DEPARTMENT OF AN INDIVIDUAL'S
FAILURE TO RESPOND THAT RESULTED IN THE INDEFINITE SUSPENSION OF
THAT INDIVIDUAL'S OPERATING PRIVILEGE UNDER SECTION 1533
(RELATING TO SUSPENSION OF OPERATING PRIVILEGE FOR FAILURE TO
RESPOND TO CITATION).
"PROGRAM." THE RELIEF FROM ADMINISTRATIVE SUSPENSION PROGRAM
ESTABLISHED UNDER SECTION 1592 (RELATING TO RELIEF FROM
ADMINISTRATIVE SUSPENSION PROGRAM).
§ 1592. RELIEF FROM ADMINISTRATIVE SUSPENSION PROGRAM.
(A) ESTABLISHMENT.--THE DEPARTMENT, IN CONSULTATION WITH THE
ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS, SHALL ESTABLISH
THE RELIEF FROM ADMINISTRATIVE SUSPENSION PROGRAM THAT SHALL
BEGIN ON THE EFFECTIVE DATE OF THIS SECTION AND END 12 MONTHS
AFTER THE EFFECTIVE DATE OF THIS SECTION.
(B) PURPOSES.--THE PROGRAM SHALL PERMIT THE DEPARTMENT TO
RESTORE THE OPERATING PRIVILEGES OF ELIGIBLE INDIVIDUALS FROM
SUSPENSIONS IMPOSED UNDER SECTIONS 1533(A), (B) OR (D) (RELATING
TO SUSPENSION OF OPERATING PRIVILEGE FOR FAILURE TO RESPOND TO
CITATION), 1543(A) (RELATING TO DRIVING WHILE OPERATING
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PRIVILEGE IS SUSPENDED OR REVOKED) AND 1544(A) (RELATING TO
ADDITIONAL PERIOD OF REVOCATION OR SUSPENSION).
(C) DUTIES.--THE DEPARTMENT, IN CONSULTATION WITH THE
ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS, SHALL:
(1) REVIEW THE APPLICATIONS FILED FOR RELIEF UNDER THE
PROGRAM AND MAKE A DETERMINATION AS TO THE APPLICANT'S
ELIGIBILITY FOR RELIEF WITHIN 30 DAYS OF RECEIPT OF THE
APPLICATION AND ALL OTHER REQUIRED ITEMS.
(2) DETERMINE IF AN APPLICANT HAS SATISFIED ALL COURT-
ORDERED OBLIGATIONS WHICH RESULTED IN A SUSPENSION OF THE
APPLICANT'S OPERATING PRIVILEGE UNDER SECTION 1533(A), (B) OR
(D).
(3) DETERMINE IF AN APPLICANT WAS CONVICTED OF ONE OR
MORE VIOLATIONS UNDER SECTION 1543(A) THAT OCCURRED ONLY AS
THE RESULT OF A SUSPENSION IMPOSED UNDER THE AUTHORITY OF
SECTION 1533 OR 6146 (RELATING TO ENFORCEMENT AGREEMENTS) AND
IS CURRENTLY SERVING OR WILL SERVE AN OPERATING PRIVILEGE
SUSPENSION FOR A SECTION 1543(A) CONVICTION.
(4) DETERMINE WHETHER THE GRANTING OF RELIEF UNDER THE
PROGRAM WOULD RESULT IN IMMEDIATE RESTORATION OF THE
APPLICANT'S OPERATING PRIVILEGE.
(5) PRIORITIZE THE PROCESSING OF APPLICATIONS FOR WHICH
THE GRANTING OF RELIEF WILL RESULT IN AN IMMEDIATE
RESTORATION OF THE APPLICANT'S OPERATING PRIVILEGE.
(6) UPDATE ELIGIBLE APPLICANTS' DRIVER'S RECORDS AND
RESTORE THE OPERATING PRIVILEGE OF APPLICANTS AS PERMITTED
UNDER THIS TITLE.
(D) ELIGIBILITY.--THE PROGRAM SHALL BE AVAILABLE TO AN
INDIVIDUAL WHO MEETS THE FOLLOWING CRITERIA:
(1) THE INDIVIDUAL'S OPERATING PRIVILEGE HAS BEEN
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INDEFINITELY SUSPENDED UNDER SECTION 1533(A), (B) OR (D)
PRIOR TO THE EFFECTIVE DATE OF THIS SUBSECTION.
(2) THE DEPARTMENT'S RECORDS SHOW THAT THE INDIVIDUAL'S
OPERATING PRIVILEGE WILL BE OR IS SUSPENDED FOR A CONVICTION
UNDER SECTION 1543(A) ONLY AS A RESULT OF A SUSPENSION
IMPOSED UNDER THE AUTHORITY OF SECTION 1533 OR 6146 PRIOR TO
THE EFFECTIVE DATE OF THIS SECTION.
(3) THE INDIVIDUAL HAS SERVED ANY OPERATING PRIVILEGE
SUSPENSION REQUIRED BY THE UNDERLYING OFFENSE WHICH RESULTED
IN VIOLATION OF SECTION 1533(A), (B) OR (D).
(4) THE INDIVIDUAL HAS SUBMITTED A COMPLETED APPLICATION
FOR RELIEF TO THE DEPARTMENT ON A FORM PRESCRIBED BY THE
DEPARTMENT. THE FOLLOWING ITEMS MUST ALSO BE SUBMITTED WITH
THE APPLICATION:
(I) THE RESTORATION FEE; AND
(II) PROOF OF FINANCIAL RESPONSIBILITY; OR
(III) IN THE CASE OF AN INDIVIDUAL WHO DOES NOT OWN
A MOTOR VEHICLE CURRENTLY REGISTERED IN THIS
COMMONWEALTH, A SIGNED STATEMENT CERTIFYING THAT THE
INDIVIDUAL DOES NOT OWN A MOTOR VEHICLE CURRENTLY
REGISTERED IN THIS COMMONWEALTH.
(E) PROHIBITIONS.--AN INDIVIDUAL SHALL BE PROHIBITED FROM
RECEIVING RELIEF UNDER THE PROGRAM FOR CONVICTIONS OF VIOLATIONS
COMMITTED AFTER THE EFFECTIVE DATE OF THIS SUBSECTION.
(F) REINSTATEMENT.--THE DEPARTMENT SHALL AMEND ELIGIBLE
INDIVIDUALS' DRIVER'S RECORDS TO SHOW THEY SATISFIED ALL COURT-
ORDERED OBLIGATIONS WHICH RESULTED IN A SUSPENSION OF THE
INDIVIDUAL'S OPERATING PRIVILEGE UNDER SECTION 1533. THE
DEPARTMENT SHALL AMEND ELIGIBLE INDIVIDUALS' DRIVER'S RECORDS TO
SHOW THAT SUSPENSIONS IMPOSED FOR RELEVANT CONVICTIONS UNDER
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SECTION 1543(A) WILL END OR WILL NOT BE IMPOSED. ANY ADD-ON
SUSPENSIONS IMPOSED UNDER SECTION 1544(A) FOR VIOLATIONS THAT
OCCURRED AT THE SAME TIME AS A RELEVANT VIOLATION OF SECTION
1543(A) SHALL BE RESCINDED FROM ELIGIBLE INDIVIDUALS' DRIVER'S
RECORDS. THE DEPARTMENT SHALL NOT BE REQUIRED TO REINSTATE THE
OPERATING PRIVILEGE OF AN INDIVIDUAL UNDER THIS SUBCHAPTER IF
THE DEPARTMENT IS AUTHORIZED UNDER THIS TITLE TO SUSPEND THE
OPERATING PRIVILEGE OF THE INDIVIDUAL FOR OTHER VIOLATIONS OF
THIS TITLE. UPON RESTORATION FROM SUSPENSION UNDER THIS PROGRAM,
ELIGIBLE INDIVIDUALS' DRIVER'S RECORDS SHALL SHOW FIVE POINTS.
(G) COMPLIANCE.--THE DEPARTMENT MAY NOT BE REQUIRED TO
RESTORE THE OPERATING PRIVILEGE OF AN INDIVIDUAL UNDER THIS
SUBCHAPTER UNTIL THE INDIVIDUAL HAS COMPLIED WITH SECTION 1593
(RELATING TO PROGRAM REQUIREMENTS).
§ 1593. PROGRAM REQUIREMENTS.
(A) FORM.--AN INDIVIDUAL WHO SEEKS TO PARTICIPATE IN THE
PROGRAM SHALL RESPOND TO THE COURT PURSUANT TO THE INSTRUCTIONS
IN A RESTORATION REQUIREMENTS LETTER WHICH SHALL BE PROVIDED BY
THE DEPARTMENT.
(B) SATISFACTION OF PAYMENTS OWED.--THE INDIVIDUAL IS
REQUIRED TO PAY 100% OF THE ORIGINAL PENALTY AND ANY OTHER
COURT-ORDERED OBLIGATIONS IMPOSED UNDER THE APPLICABLE LAWS OF
THIS COMMONWEALTH.
(C) REQUIREMENTS.--IN ADDITION TO THE REQUIREMENTS UNDER
SECTION 1960 (RELATING TO REINSTATEMENT OF OPERATING PRIVILEGE
OR VEHICLE REGISTRATION), AN INDIVIDUAL APPLYING FOR THE PROGRAM
SHALL PERFORM ONE OF THE FOLLOWING:
(1) PAY ALL COURT-ORDERED OBLIGATIONS IMMEDIATELY OR IN
A SINGLE REMITTANCE.
(2) IF AN INDIVIDUAL IS UNABLE TO PAY ALL OBLIGATIONS
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UNDER SUBPARAGRAPH (I), THE INDIVIDUAL SHALL EITHER:
(I) PAY IN INSTALLMENTS ALL COURT-ORDERED
OBLIGATIONS AFTER A HEARING CONDUCTED BY THE ISSUING
AUTHORITY TO DETERMINE THE INDIVIDUAL'S ABILITY TO PAY
AND THE ISSUANCE OF AN ORDER PROVIDING FOR INSTALLMENT
PAYMENTS; OR
(II) NOTWITHSTANDING 42 PA.C.S. § 1520(A) (RELATING
TO ADJUDICATION ALTERNATIVE PROGRAM), COMPLETE A COURT-
ORDERED PUBLIC SERVICE OR OTHER ADJUDICATION ALTERNATIVE
PROGRAM UNDER 42 PA.C.S. § 1520(B).
(D) PROOF OF FINANCIAL RESPONSIBILITY.--NOTWITHSTANDING
SECTION 1783 (RELATING TO PROOF OF FINANCIAL RESPONSIBILITY
BEFORE RESTORING OPERATING PRIVILEGE OR REGISTRATION), BEFORE
RESTORING AN OPERATING PRIVILEGE, THE DEPARTMENT SHALL REQUIRE
AN INDIVIDUAL PARTICIPATING IN THE PROGRAM TO PROVIDE THE
DEPARTMENT WITH:
(1) PROOF OF FINANCIAL RESPONSIBILITY; OR
(2) IN THE CASE OF AN INDIVIDUAL WHO DOES NOT OWN A
MOTOR VEHICLE CURRENTLY REGISTERED IN THIS COMMONWEALTH, A
SIGNED STATEMENT CERTIFYING THAT THE INDIVIDUAL DOES NOT OWN
A MOTOR VEHICLE CURRENTLY REGISTERED IN THIS COMMONWEALTH.
(E) CERTIFICATION.--THE COURT SHALL CERTIFY TO THE
DEPARTMENT THAT AN INDIVIDUAL IS ELIGIBLE FOR RELIEF UNDER THE
PROGRAM BECAUSE:
(1) AN INDIVIDUAL HAS SATISFIED THE AMOUNTS OWED TO THE
COURT; OR
(2) AN INDIVIDUAL HAS COMPLETED OR SATISFIED ALL COURT-
ORDERED PUBLIC SERVICE REQUIREMENTS OR OTHER ALTERNATIVE
ADJUDICATION PROGRAMS.
§ 1594. USE OF REVENUE.
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ALL REVENUE RECEIVED BY THE COURT UNDER THE PROGRAM SHALL BE
DISTRIBUTED IN ACCORDANCE WITH LAW.
§ 1595. PROCEEDINGS RELATING TO VIOLATIONS BARRED.
PARTICIPATION IN THE PROGRAM IS CONDITIONED UPON THE
INDIVIDUAL'S AGREEMENT NOT TO PROTEST OR PURSUE AN
ADMINISTRATIVE OR JUDICIAL PROCEEDING AGAINST THE DEPARTMENT FOR
THE SANCTIONS IT IMPOSED ON THE INDIVIDUAL'S OPERATING PRIVILEGE
UNDER SECTION 1533 (RELATING TO SUSPENSION OF OPERATING
PRIVILEGE FOR FAILURE TO RESPOND TO CITATION), 1543 (RELATING TO
DRIVING WHILE OPERATING PRIVILEGE IS SUSPENDED OR REVOKED), 1544
(RELATING TO ADDITIONAL PERIOD OF REVOCATION OR SUSPENSION) OR
6146 (RELATING TO ENFORCEMENT AGREEMENTS) AS ADDRESSED BY THE
PROGRAM.
SECTION 2.3. THE DEFINITION OF "CONTROLLED SUBSTANCE" IN
SECTION 1603 OF TITLE 75 IS AMENDED TO READ:
§ 1603. DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
CONTEXT CLEARLY INDICATES OTHERWISE:
* * *
"CONTROLLED SUBSTANCE." ANY SUBSTANCE SO DEFINED OR
CLASSIFIED, EXCEPT MARIJUANA USED LAWFULLY IN ACCORDANCE WITH
THE ACT OF APRIL 17, 2016 (P.L.84, NO.16), KNOWN AS THE MEDICAL
MARIJUANA ACT, UNDER:
(1) THE ACT OF APRIL 14, 1972 (P.L.233, NO.64), KNOWN AS
THE CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT.
(2) SECTION 102(6) OF THE CONTROLLED SUBSTANCE ACT
(PUBLIC LAW 91-513, 21 U.S.C. § 802(6)).
(3) SCHEDULES I THROUGH V OF 21 CFR PART 1308.
(4) ANY REVISIONS TO PARAGRAPHS (2) OR (3) WHICH ARE
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PUBLISHED BY THE DEPARTMENT OF TRANSPORTATION AS NOTICES IN
THE PENNSYLVANIA BULLETIN.
* * *
SECTION 3. SECTION SECTIONS 3802(D) AND 3803(B)(3) AND (4.1)
OF TITLE 75 ARE AMENDED TO READ:
§ 3802. DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED
SUBSTANCE.
* * *
(D) CONTROLLED SUBSTANCES.--AN INDIVIDUAL MAY NOT DRIVE,
OPERATE OR BE IN ACTUAL PHYSICAL CONTROL OF THE MOVEMENT OF A
VEHICLE UNDER ANY OF THE FOLLOWING CIRCUMSTANCES:
(1) THERE IS IN THE INDIVIDUAL'S BLOOD ANY AMOUNT OF
[A]:
(I) A SCHEDULE I CONTROLLED SUBSTANCE, AS DEFINED IN
THE ACT OF APRIL 14, 1972 (P.L.233, NO.64), KNOWN AS THE
CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT,
EXCEPT MARIJUANA USED LAWFULLY IN ACCORDANCE WITH THE ACT
OF APRIL 17, 2016 (P.L.84, NO.16), KNOWN AS THE MEDICAL
MARIJUANA ACT;
(II) A SCHEDULE II OR SCHEDULE III CONTROLLED
SUBSTANCE, AS DEFINED IN THE CONTROLLED SUBSTANCE, DRUG,
DEVICE AND COSMETIC ACT, WHICH HAS NOT BEEN MEDICALLY
PRESCRIBED FOR THE INDIVIDUAL; OR
(III) METABOLITE OF A SUBSTANCE UNDER SUBPARAGRAPH
(I) OR (II).
* * *
§ 3803. GRADING.
* * *
(B) OTHER OFFENSES.--
* * *
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(3) AN INDIVIDUAL WHO VIOLATES SECTION 3802(A)(1) WHERE
THERE WAS AN ACCIDENT RESULTING IN BODILY INJURY, SERIOUS
BODILY INJURY OR DEATH OF ANY PERSON OR IN DAMAGE TO A
VEHICLE OR OTHER PROPERTY, OR WHO VIOLATES SECTION 3802(B),
(E) OR (F) AND WHO HAS TWO PRIOR OFFENSES COMMITS A
[MISDEMEANOR OF THE FIRST] FELONY OF THE THIRD DEGREE.
* * *
(4.1) AN INDIVIDUAL WHO VIOLATES 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 WHO VIOLATES
SECTION 3802(C) OR (D) [AND WHO] COMMITS:
(I) A FELONY OF THE THIRD DEGREE IF THE INDIVIDUAL
HAS TWO [OR MORE] PRIOR OFFENSES [COMMITS A FELONY OF THE
THIRD DEGREE].
(II) A FELONY OF THE SECOND DEGREE IF THE INDIVIDUAL
HAS THREE OR MORE PRIOR OFFENSES.
(III) A FELONY OF THE FIRST DEGREE IF THE INDIVIDUAL
HAS FOUR OR MORE PRIOR OFFENSES.
* * *
SECTION 4. SECTION 3804(E)(2) OF TITLE 75 IS AMENDED AND THE
SECTION IS AMENDED BY ADDING A SUBSECTION SUBSECTIONS TO READ:
§ 3804. PENALTIES.
* * *
(C.2) CONSECUTIVE SENTENCE.--A SENTENCE IMPOSED UPON AN
INDIVIDUAL UNDER THIS SECTION WHO HAS TWO OR MORE PRIOR OFFENSES
SHALL BE SERVED CONSECUTIVELY TO ANY OTHER SENTENCE THE
INDIVIDUAL IS SERVING AND TO ANY OTHER SENTENCE BEING THEN
IMPOSED BY THE COURT , EXCEPT FOR THOSE WITH WHICH THE OFFENSE
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MUST MERGE AS A MATTER OF LAW .
(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.
* * *
(E) SUSPENSION OF OPERATING PRIVILEGES UPON CONVICTION.--
* * *
(2) SUSPENSION UNDER PARAGRAPH (1) SHALL BE IN
ACCORDANCE WITH THE FOLLOWING:
* * *
(II) 18 MONTHS FOR A MISDEMEANOR OF THE FIRST DEGREE
OR FELONY [OF THE THIRD DEGREE] UNDER THIS CHAPTER.
* * *
SECTION 5. SECTION 3805(C) AND (H.2) OF TITLE 75 ARE AMENDED
AND THE SECTION IS AMENDED BY ADDING A SUBSECTION SUBSECTIONS TO
READ:
§ 3805. IGNITION INTERLOCK.
* * *
(C) ISSUANCE OF UNRESTRICTED LICENSE.--[ONE YEAR FROM THE
DATE OF ISSUANCE OF AN IGNITION INTERLOCK RESTRICTED LICENSE
UNDER THIS SECTION, IF] IF OTHERWISE ELIGIBLE, A PERSON MAY BE
ISSUED A REPLACEMENT LICENSE UNDER SECTION 1951(D) THAT DOES NOT
CONTAIN THE IGNITION INTERLOCK SYSTEM RESTRICTION. THE
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DEPARTMENT SHALL NOT ISSUE AN UNRESTRICTED LICENSE UNTIL A
PERSON HAS PRESENTED ALL OF THE FOLLOWING:
(1) PROOF THAT THE PERSON HAS COMPLETED THE IGNITION
INTERLOCK RESTRICTED LICENSE PERIOD UNDER [THIS SECTION]
SUBSECTION (C.1).
(2) CERTIFICATION BY THE VENDOR THAT PROVIDED THE
IGNITION INTERLOCK DEVICE THAT THE PERSON HAS COMPLIED WITH
SUBSECTION (H.2).
(C.1) RESTRICTED LICENSE PERIOD.--AN INDIVIDUAL MAY BE
ISSUED AN UNRESTRICTED LICENSE UNDER SUBSECTION (C) AFTER A
PERIOD OF TIME AS FOLLOWS:
(1) EXCEPT AS PROVIDED UNDER PARAGRAPH (2), ONE YEAR
FROM THE DATE OF ISSUANCE OF THE IGNITION INTERLOCK
RESTRICTED LICENSE.
(2) TWO YEARS FROM THE DATE OF ISSUANCE OF THE IGNITION
INTERLOCK RESTRICTED LICENSE IN THE CASE OF AN INDIVIDUAL
CONVICTED OF AN OFFENSE UNDER SECTION 3802 WHO HAS TWO OR
MORE PRIOR OFFENSES.
* * *
(H.2) DECLARATION OF COMPLIANCE.--RESTRICTIONS IMPOSED UNDER
SECTION 1556 [(RELATING TO IGNITION INTERLOCK LIMITED LICENSE)]
SHALL REMAIN IN EFFECT UNTIL THE DEPARTMENT RECEIVES A
DECLARATION FROM THE PERSON'S IGNITION INTERLOCK DEVICE VENDOR,
IN A FORM PROVIDED OR APPROVED BY THE DEPARTMENT, CERTIFYING
THAT THE FOLLOWING INCIDENTS HAVE NOT OCCURRED IN THE TWO
CONSECUTIVE MONTHS PRIOR TO THE DATE ENTERED ON THE CERTIFICATE,
AND FOR THE PURPOSES OF A SUSPENSION IMPOSED UNDER SECTION
3807(D)(2), THE PERSON'S IGNITION INTERLOCK DEVICE VENDOR SHALL
CERTIFY THE FOLLOWING INCIDENTS HAVE NOT OCCURRED IN THE PRIOR
30 DAYS ENTERED ON THE CERTIFICATE:
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(1) AN ATTEMPT TO START THE VEHICLE WITH A BREATH
ALCOHOL CONCENTRATION OF 0.08% OR MORE, NOT FOLLOWED WITHIN
10 MINUTES BY A SUBSEQUENT ATTEMPT WITH A BREATH ALCOHOL
CONCENTRATION LOWER THAN 0.08%.
(2) FAILURE TO TAKE OR PASS ANY REQUIRED RETEST.
(3) FAILURE OF THE PERSON TO APPEAR AT THE IGNITION
INTERLOCK SYSTEM VENDOR WHEN REQUIRED FOR MAINTENANCE,
REPAIR, CALIBRATION, MONITORING, INSPECTION OR REPLACEMENT OF
THE DEVICE SUCH THAT THE IGNITION INTERLOCK SYSTEM NO LONGER
FUNCTIONS AS REQUIRED UNDER SUBSECTION (H).
(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.
* * *
SECTION 6. SECTION 3806(B)(1) OF TITLE 75 IS AMENDED TO
READ:
§ 3806. PRIOR OFFENSES.
* * *
(B) TIMING.--
(1) FOR PURPOSES OF SECTIONS 1553(D.2) (RELATING TO
OCCUPATIONAL LIMITED LICENSE), 1556 (RELATING TO IGNITION
INTERLOCK LIMITED LICENSE), 3803 (RELATING TO GRADING), 3804
(RELATING TO PENALTIES) [AND], 3805 (RELATING TO IGNITION
INTERLOCK), 3815 (RELATING TO MANDATORY SENTENCING) AND 3818
(RELATING TO SUBSTANCE MONITORING PROGRAM), THE PRIOR OFFENSE
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MUST HAVE OCCURRED:
(I) WITHIN 10 YEARS PRIOR TO THE DATE OF THE OFFENSE
FOR WHICH THE DEFENDANT IS BEING SENTENCED; OR
(II) ON OR AFTER THE DATE OF THE OFFENSE FOR WHICH
THE DEFENDANT IS BEING SENTENCED.
* * *
SECTION 7. SECTION 3807(B)(4) OF TITLE 75 IS AMENDED AND
SUBSECTION (A) IS AMENDED BY ADDING A PARAGRAPH TO READ:
§ 3807. ACCELERATED REHABILITATIVE DISPOSITION.
(A) ELIGIBILITY.--
* * *
(2.1) NOTWITHSTANDING THE PROCEDURES FOR ACCELERATED
REHABILITATIVE DISPOSITION FOR OTHER CRIMES, THE ATTORNEY FOR
THE COMMONWEALTH SHALL NOT SUBMIT A CHARGE BROUGHT UNDER THIS
CHAPTER FOR ACCELERATED REHABILITATIVE DISPOSITION UNLESS
ALL OF THE FOLLOWING APPLY:
(I) THE DEFENDANT ADMITS THAT THE COMMONWEALTH'S
EVIDENCE WOULD PROVE THE ELEMENTS BEYOND A REASONABLE
DOUBT UNDER SECTION 3802.
(II) THE DEFENDANT AGREES THAT THE DEFENDANT'S
ADMISSION MAY BE USED AS A PRIOR CONVICTION FOR THE
PURPOSE OF INCREASING THE GRADING AND PENALTY OF ANY
SUBSEQUENT OFFENSE UNDER THIS TITLE.
(III) THE DEFENDANT KNOWINGLY AND VOLUNTARILY WAIVES
THE DEFENDANT'S RIGHT TO CHALLENGE THE USE OF THE
ACCELERATED REHABILITATIVE DISPOSITION AS A PRIOR
CONVICTION FOR THE PURPOSE OF ENHANCING THE GRADING AND
SENTENCING OF ANY SUBSEQUENT OFFENSE UNDER THIS TITLE.
* * *
(B) EVALUATION AND TREATMENT.--
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* * *
(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. SECTIONS 3810 AND 3814(4) OF TITLE 75 ARE
AMENDED TO READ:
§ 3810. AUTHORIZED USE NOT A DEFENSE.
THE FACT THAT A PERSON CHARGED WITH VIOLATING THIS CHAPTER IS
OR HAS BEEN LEGALLY ENTITLED TO USE ALCOHOL [OR], CONTROLLED
SUBSTANCES OR MARIJUANA IN COMPLIANCE WITH THE ACT OF APRIL 17,
2016 (P.L.84, NO.16), KNOWN AS THE MEDICAL MARIJUANA ACT, IS NOT
A DEFENSE TO A CHARGE OF VIOLATING THIS CHAPTER.
§ 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
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.
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(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 8. SECTION 3815(B)(2) OF TITLE 75 IS AMENDED AND THE
SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:
§ 3815. MANDATORY SENTENCING.
* * *
(B) PAROLE.--
* * *
(2) THE FOLLOWING SHALL BE CONDITIONS OF PAROLE:
(I) IF THE OFFENDER IS NOT DETERMINED UNDER THE
PROCEDURES SET FORTH IN SECTION 3814 TO BE ADDICTED TO
ALCOHOL OR ANOTHER SUBSTANCE, THE OFFENDER MUST REFRAIN
FROM:
(A) THE USE OF ILLEGAL CONTROLLED SUBSTANCES;
AND
(B) THE ABUSE OF PRESCRIPTION DRUGS, OVER-THE-
COUNTER DRUGS OR ANY OTHER SUBSTANCES.
(II) IF THE OFFENDER IS DETERMINED UNDER THE
PROCEDURES SET FORTH IN SECTION 3814 TO BE ADDICTED TO
ALCOHOL OR ANOTHER SUBSTANCE, THE OFFENDER MUST DO ALL OF
THE FOLLOWING:
(A) REFRAIN FROM:
(I) THE USE OF ALCOHOL OR ILLEGAL CONTROLLED
SUBSTANCES; AND
(II) THE ABUSE OF PRESCRIPTION DRUGS, OVER-
THE-COUNTER DRUGS OR ANY OTHER SUBSTANCES.
(B) PARTICIPATE IN AND COOPERATE WITH DRUG AND
ALCOHOL ADDICTION TREATMENT UNDER SUBSECTION (C).
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(III) IN ADDITION TO ANY OTHER CONDITION OR
RESTRICTION IMPOSED, AN INDIVIDUAL WHO VIOLATES SECTION
3802(A)(1) WHERE THE INDIVIDUAL REFUSED TESTING OR 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 WHO VIOLATES SECTION 3802(C) OR (D) AND
WHO HAS TWO OR MORE PRIOR OFFENSES SHALL BE ORDERED BY
THE COURT TO PARTICIPATE IN A SUBSTANCE MONITORING
PROGRAM UNDER SECTION 3818. 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.
(B.1) PROBATION.--IN ADDITION TO ANY OTHER CONDITION OR
RESTRICTION IMPOSED, AN INDIVIDUAL WHO VIOLATES 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 WHO VIOLATES SECTION
3802(C) OR (D) AND WHO HAS TWO OR MORE PRIOR OFFENSES SHALL BE
ORDERED BY THE COURT TO PARTICIPATE IN A SUBSTANCE MONITORING
PROGRAM AS A CONDITION OF PROBATION UNDER SECTION 3818. 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.
* * *
SECTION 9. TITLE 75 IS AMENDED BY ADDING A SECTION TO READ:
§ 3818. SUBSTANCE MONITORING PROGRAM.
(A) MANDATORY PARTICIPATION.--A COURT SHALL REQUIRE AN
INDIVIDUAL TO PARTICIPATE IN A SUBSTANCE MONITORING PROGRAM AS
FOLLOWS:
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(1) AS A CONDITION OF PROBATION OR PAROLE, IN ADDITION
TO ANY OTHER CONDITION OR RESTRICTION IMPOSED, A COURT SHALL
ORDER AN INDIVIDUAL TO PARTICIPATE IN A SUBSTANCE MONITORING
PROGRAM FOR ONE YEAR OR FOR THE DURATION OF THE PROBATION OR
PAROLE, WHICHEVER IS LESS, IN ALL OF THE FOLLOWING
CIRCUMSTANCES WHERE THE INDIVIDUAL HAS TWO OR MORE PRIOR
OFFENSES:
(I) THE INDIVIDUAL VIOLATES SECTION 3802(C) OR (D)
(RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR
CONTROLLED SUBSTANCE).
(II) THE INDIVIDUAL VIOLATES SECTION 3802(A)(1) AND
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.
(2) AS A CONDITION OF BAIL, IN ADDITION TO ANY OTHER
CONDITION OR RESTRICTION IMPOSED, A COURT SHALL ORDER AN
INDIVIDUAL TO PARTICIPATE IN A SUBSTANCE MONITORING PROGRAM
FOR NO LESS THAN 90 DAYS IN ALL OF THE FOLLOWING
CIRCUMSTANCES:
(I) THE INDIVIDUAL IS PENDING ADJUDICATION FOR A
VIOLATION OF SECTION 3802 AND HAS THREE OR MORE PRIOR
OFFENSES.
(II) THE INDIVIDUAL IS PENDING ADJUDICATION FOR A
VIOLATION OF SECTION 3802 AND HAS A COMBINATION OF PRIOR
OFFENSES AND PENDING ADJUDICATIONS FOR A VIOLATION OF
SECTION 3802 EQUAL TO THREE OR MORE.
(B) EVALUATION REQUIRED.--IN ADDITION TO ANY OTHER CONDITION
OR RESTRICTION IMPOSED, AN INDIVIDUAL WHO IS NOT REQUIRED TO
PARTICIPATE IN A SUBSTANCE MONITORING PROGRAM UNDER SUBSECTION
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(A) 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 AS FOLLOWS:
(1) AS A CONDITION OF PROBATION OR PAROLE WHERE THE
INDIVIDUAL VIOLATES SECTION 3802 AND HAS ONE OR MORE PRIOR
OFFENSES.
(2) AS A CONDITION OF BAIL WHERE THE INDIVIDUAL IS
PENDING ADJUDICATION FOR A VIOLATION OF SECTION 3802 AND HAS
ONE OR MORE PRIOR OFFENSES.
(3) AS A CONDITION OF BAIL WHERE THE INDIVIDUAL IS
PENDING ADJUDICATION CONCURRENTLY FOR TWO OR MORE VIOLATIONS
OF SECTION 3802.
(C) PROGRAM REQUIREMENTS.--
(1) EXCEPT AS PROVIDED IN PARAGRAPH (2), WHEN
DETERMINING THE MONITORING DEVICES, TECHNOLOGIES OR TESTING
REQUIREMENTS TO BE REQUIRED AS PART OF A SUBSTANCE MONITORING
PROGRAM, THE COURT SHALL HAVE THE DISCRETION TO DETERMINE THE
DEVICES, TECHNOLOGIES AND TESTING REQUIREMENTS TO BE USED
BASED UPON THE INDIVIDUAL'S:
(I) PRIOR OFFENSES;
(II) MOST RECENT VIOLATION OF SECTION 3802;
(III) ANY PENDING ADJUDICATION FOR A VIOLATION OF
SECTION 3802; AND
(IV) ANY OTHER FACTOR DEEMED APPROPRIATE BY THE
COURT.
(2) THE COURT SHALL REQUIRE THE USE OF A CONTINUOUS
ALCOHOL MONITORING DEVICE AS PART OF A SUBSTANCE MONITORING
PROGRAM FOR AN INDIVIDUAL PARTICIPATING IN A SUBSTANCE
MONITORING PROGRAM UNDER SUBSECTION (A) AS FOLLOWS:
(I) IF THE INDIVIDUAL VIOLATED SECTION 3802(C);
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