PRINTER'S NO. 299
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
773
Session of
2021
INTRODUCED BY MENSCH, ARGALL, BAKER, BARTOLOTTA, LANGERHOLC,
MARTIN, MASTRIANO, PHILLIPS-HILL, PITTMAN, STEFANO,
TOMLINSON, VOGEL, YAW, BLAKE, COLLETT, COMITTA, KANE, KEARNEY
AND SANTARSIERO, MARCH 3, 2021
REFERRED TO TRANSPORTATION, MARCH 3, 2021
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
the offense of driving while operating privilege is suspended
or revoked and for ignition interlock limited license; and,
in driving after imbibing alcohol or utilizing drugs, further
providing for grading, for penalties, for ignition interlock,
for prior offenses, for Accelerated Rehabilitative
Disposition, for drug and alcohol assessments and for
mandatory sentencing and providing for substance monitoring
program.
This act may be referred to as Deana's Law.
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 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
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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;
(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 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, 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.
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* * *
Section 2. Sections 1543(b)(1.1)(i), 1556(b)(1) and (2) and
3803(b)(3) and (4.1) of Title 75 are amended to read:
§ 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
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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
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.
* * *
§ 3803. Grading.
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* * *
(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) 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.
* * *
Section 3. Section 3804(e)(2) of Title 75 is amended and the
section is amended by adding subsections to read:
§ 3804. Penalties.
* * *
(c.2) Consecutive sentence.--A sentence imposed upon an
individual under this section who has three or more prior
offenses shall be served consecutively to any other sentence the
individual is serving and to any other sentence being then
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imposed by the court, except for those with which the offense
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 4. Section 3805(c) and (h.2) of Title 75 are amended
and the section is amended by adding 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 5. 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 6. 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. Section 3814(4) of Title 75 is amended to read:
§ 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.
(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.
* * *
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(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).
(iii) In addition to any other condition or
restriction imposed, an individual who violates section
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 and
who has one or more prior offenses shall be ordered by the court
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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) Evaluation required.--The following shall apply:
(1) In all of the following circumstances, in addition
to any other condition or restriction imposed, 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:
(i) 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 offenses.
(ii) While adjudication of two or more violations of
section 3802 are concurrently pending for an individual.
(iii) As a condition of probation or parole where
the individual violates section 3802 and has one or more
prior offenses.
(2) The court may use the assessment from section 3814
(relating to drug and alcohol assessments) to satisfy this
requirement under paragraph (1).
(b) Monitoring devices and technologies.--
(1) A substance monitoring program shall include a
requirement that the individual use or participate in one or
both of the following, as determined by the court:
(i) A continuous alcohol monitoring device, remote
breath testing device or any other similar alcohol
monitoring technology or device, other than an ignition
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interlock system, as determined by the court.
(ii) Random drug testing or any other controlled
substance monitoring technology or device as determined
by the court.
(2) When determining the devices or technologies to be
used under paragraph (1), the court shall consider the
following:
(i) the individual's prior offenses;
(ii) the individual's most recent violation of
section 3802;
(iii) any pending adjudication for a violation of
section 3802;
(iv) in consultation with the county, the monitoring
devices and technologies available to or utilized by the
county; and
(v) any other factor deemed appropriate by the
court.
(c) Determination and costs to be paid.--If the court orders
an individual to participate in a substance monitoring program,
the individual shall pay for costs associated with the
individual's participation in the substance monitoring program,
including costs associated with any required device or
technology.
(d) Prohibitions.--An individual ordered 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 device or technology associated
with the substance monitoring program.
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(3) Failing to comply with any other requirement ordered
by the court as part of the substance monitoring program.
(e) Construction.--Nothing in this section shall be
construed to prohibit a court from:
(1) Ordering an individual pending adjudication for a
single violation of section 3802 with no prior offenses to
participate in a substance monitoring program as a condition
of bail.
(2) Ordering an individual convicted of a violation of
section 3802 who has no prior offenses to participate in a
substance monitoring program as a condition of probation or
parole.
Section 10. This act shall take effect as follows:
(1) The following provisions shall take effect
immediately:
(i) The amendment of 75 Pa.C.S. § 1543(b)(1.1)(i).
(ii) The addition of 75 Pa.C.S. § 3807(a)(2.1).
(iii) This section.
(2) The amendment or addition of 75 Pa.C.S. § 3805(c)
and (c.1) shall take effect in 90 days.
(3) The following provisions shall take effect in eight
months:
(i) The amendment of 75 Pa.C.S. § 1556(b)(1) and
(2).
(ii) The addition of 75 Pa.C.S. § 3805(h.3).
(4) The remainder of this act shall take effect in 120
days.
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