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A04537
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
SENATOR K. WARD, TRANSPORTATION, AS AMENDED, NOVEMBER 21, 2019
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 driving
under influence of alcohol or controlled substance, 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.
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:
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* * *
"Continuous alcohol monitoring device" or "CAM device." A
monitoring device or instrument that:
(1) is attached to the person individual ;
(2) is designed to automatically test the alcohol
content in a person presence of alcohol in an individual by
contact with the skin of the person individual at least once
per one-half hour regardless of the location on the person
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
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 3802 of Title 75 is amended by adding a
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subsection to read:
§ 3802. Driving under influence of alcohol or controlled
substance.
* * *
(h) Vehicle impoundment.--Whenever an individual has been
arrested for a violation of this section and the individual was
convicted of two or more prior offenses under this section, the
arresting officer shall impound the vehicle that the individual
was operating at the time of arrest in accordance with the
following:
(1) A vehicle shall be impounded for a period of 12
hours after the time of arrest or until the individual meets
the conditions for release under paragraph (3).
(2) A vehicle may be released to an individual other
than the individual under arrest prior to the end of the
impoundment period only if:
(i) the vehicle is not owned or leased by the
individual under arrest and the person who owns or leases
the vehicle claims the vehicle and meets the conditions
for release under paragraph (3); or
(ii) the vehicle is owned or leased by the
individual under arrest, the individual under arrest
gives permission to another individual to operate the
vehicle and the conditions for release under paragraph
(3) are met.
(3) A vehicle shall not be released unless the
individual claiming the vehicle:
(i) presents a valid driver's license, proof of
ownership or lawful authority to operate the motor
vehicle and proof of valid motor vehicle insurance for
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that vehicle;
(ii) is able to operate the vehicle in a safe manner
and would not be in violation of this title; and
(iii) meets any other conditions for release
established by the law enforcement agency impounding the
vehicle.
(4) A law enforcement agency impounding a vehicle is
authorized to charge a reasonable fee for towing and storage
of the vehicle and may retain custody of the vehicle until
the fee is paid.
Section 4 3. Section 3803(b)(3) and (4.1) of Title 75,
amended October 24, 2018 (P.L.925, No.153), 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
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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 prior offenses.
(iii) A felony of the first degree if the individual
has four or more prior offenses.
* * *
Section 5 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 6 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
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issued a replacement license under section 1951(d) that does not
contain the ignition interlock system restriction. The
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
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functions as required under subsection (h).
If a violation under paragraph (1), (2) or (3) occurs, 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 7 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
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(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) An offender 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 shall may be fitted with a continuous alcohol
monitoring CAM device for one year or for the duration of
the period of parole, whichever is less. Tampering with
or obstructing the CAM device shall constitute
noncompliance with the conditions of parole. The payment
of costs associated with the CAM device shall be
determined in accordance with section 1557(b) and (c)
(relating to continuous alcohol monitoring device). If on
more than two occasions the CAM device detects that an
offender's alcohol concentration is greater than 0.08%,
the court may order the offender to participate in and
cooperate with drug and alcohol addiction treatment.
(b.1) Probation.--As a condition of a probation order, the
court shall require an offender who has two or more prior
offenses to be fitted with a continuous alcohol monitoring
device for one year or for the duration of the period of
probation, whichever is less. Tampering with or obstructing the
CAM device shall constitute noncompliance with the conditions of
probation. The payment of costs associated with the CAM device
shall be determined in accordance with section 1557(b) and (c).
If on more than two occasions the CAM device detects that an
offender's alcohol concentration is greater than 0.08%, the
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court may SHALL order the offender to participate in and
cooperate with drug and alcohol addiction treatment.
* * *
Section 8 7. The Department of Transportation, in
consultation with the Pennsylvania State Police AND THE
ADMINISTRATIVE OFFICE 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.
(b.1) Probation.--At the court's discretion, as a condition
of a probation order 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 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.
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(2) Random drug testing or any other controlled
substance monitoring technology or device as determined by
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.
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Section 8. The Department of Transportation, in consultation
with the Pennsylvania State Police and the Administrative Office
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 Committees of the Senate and the Transportation
Committees of the House of Representatives within six months of
the effective date of this section.
Section 9 8 9. This act shall take effect in 120 days.
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