HB 916 — An Act mending 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; and, in driving after imbibing alcohol or utilizing drugs, further providing 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.

§ 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 20190HB0916PN4612 - 4 - 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;

(2) HAS THE ABILITY TO CONFIRM THE IDENTITY AND LOCATION OF ANTHE INDIVIDUAL;

* * * "SUBSTANCE MONITORING PROGRAM." THE COURT-ORDEREDREQUIRED USE OF OR PARTICIPATION IN ANY ONE OR BOTHMORE OF THE FOLLOWING ASFOR ANO CONDITIONLESS OFTHAN BAIL,90 PROBATIONDAYS ORAS PAROLEA CONSISTENTCONDITION WITHOF SECTIONBAIL: 3818 (RELATING TO SUBSTANCE MONITORING PROGRAM):

(1) A CONTINUOUS ALCOHOL MONITORING DEVICE, REMOTE BREATH TESTING DEVICE OR ANY OTHER ALCOHOL MONITORING TECHNOLOGY OR DEVICE,DEVICE. AS DETERMINED BY THE COURT.

(2) RANDOM DRUG TESTING OR ANY OTHER CONTROLLED SUBSTANCE MONITORING TECHNOLOGY OR DEVICE,DEVICE. AS DETERMINED BY THE COURT.

SECTION 1532(D) OF TITLE 75 IS AMENDED AND SUBSECTION (B) IS AMENDED BY ADDING A PARAGRAPH TO READ:

20190HB0916PN4612 - 5 - § 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:

(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 20190HB0916PN4612 - 6 - 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 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 20190HB0916PN4612 - 7 - 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.

* * * [(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 20190HB0916PN4612 - 8 - 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:

§ 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 20190HB0916PN4612 - 9 - 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 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 20190HB0916PN4612 - 10 - 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 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 20190HB0916PN4612 - 11 - 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 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 20190HB0916PN4612 - 12 - 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 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 20190HB0916PN4612 - 13 - 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 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.

20190HB0916PN4612 - 14 - (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 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 20190HB0916PN4612 - 15 - 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.

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 3.

SECTION 3803(B)(3) AND (4.1) OF TITLE 75 ARE AMENDED 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), 20190HB0916PN4612 - 16 - (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 4.

SECTIONS 3804(E)(2)(II) AND 3805(C) OF TITLE 75 ARE AMENDED AND THE SECTIONS ARE AMENDED BY ADDING 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 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 20190HB0916PN4612 - 17 - 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.

* * * § 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 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).

20190HB0916PN4612 - 18 - (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.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 20190HB0916PN4612 - 19 - (RELATING TO SUBSTANCE MONITORING PROGRAM), THE PRIOR OFFENSE 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.-- 20190HB0916PN4612 - 20 - * * * (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.

20190HB0916PN4612 - 21 - * * * (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 (RELATING TO SUBSTANCE MONITORING PROGRAM).

(B.1) PROBATION.--IN ADDITION TO ANY OTHER CONDITION OR 20190HB0916PN4612 - 22 - 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 AS A CONDITION OF PROBATION UNDER SECTION 3818.

* * * SECTION 9.

SUBSTANCEEVALUATION MONITORINGFOR PROGRAM.SUBSTANCE MONITORING.

(A) EVALUATION REQUIRED.--THEREQUIRED.--IN ALL OF THE FOLLOWING CIRCUMSTANCES AN INDIVIDUAL SHALL APPLY: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) INWHILE ALLADJUDICATION OF THEA FOLLOWINGVIOLATION CIRCUMSTANCES,OF INSECTION ADDITION3802 (RELATING TO ANYDRIVING OTHERUNDER CONDITIONINFLUENCE OF ALCOHOL OR RESTRICTIONCONTROLLED IMPOSED,SUBSTANCE) IS PENDING FOR AN INDIVIDUAL SHALLWHO BEHAS EVALUATEDONE BYOR AMORE COURTPRIOR TOCONVICTIONS DETERMINEFOR WHETHER,AN ATOFFENSE THEUNDER COURT'SSECTION DISCRETION,3802 THEWITHIN INDIVIDUAL10 MAY20190HB0916PN2582 BE- ORDERED4 TO- PARTICIPATEYEARS INOF ATHE SUBSTANCECURRENT MONITORINGOFFENSE. PROGRAM:

(I)(2) WHILE ADJUDICATION OF ATWO VIOLATIONOR MORE VIOLATIONS OF SECTION 3802 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE) IS CONCURRENTLY PENDING FOR AN INDIVIDUALINDIVIDUAL. WHO HAS ONE OR MORE PRIOR OFFENSES.

(II)(B) WHILEDETERMINATION ADJUDICATIONAND OFCOSTS TWOTO ORBE MOREPAID.--IF VIOLATIONSTHE OFCOURT SECTIONREQUIRES 3802AN AREINDIVIDUAL CONCURRENTLYTO PENDINGPARTICIPATE FORIN A SUBSTANCE MONITORING PROGRAM AFTER AN INDIVIDUAL.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.

(III)THE ASCOURT AMAY CONDITIONAUTHORIZE OFTHE PROBATIONCOUNTY ORTO PAROLEFINANCE WHERECOSTS ASSOCIATED WITH THE SUBSTANCE MONITORING PROGRAM IF THE COURT, AT ANY TIME, DETERMINES THE INDIVIDUAL VIOLATESLACKS SECTIONTHE 3802FINANCIAL ANDABILITY HASTO ONEPAY ALL OR MOREPART PRIOROF OFFENSES.COSTS ASSOCIATED WITH A SUBSTANCE MONITORING PROGRAM.

(2)(C) THEFINANCIAL INQUIRY.--A COURT MAYDETERMINATION USEUNDER SUBSECTION (B) SHALL BE BASED ON AN APPROPRIATE INQUIRY INTO THE ASSESSMENTFINANCIAL FROMCIRCUMSTANCES SECTIONOF 3814THE (RELATINGINDIVIDUAL REQUIRED TO DRUGPARTICIPATE IN A SUBSTANCE MONITORING PROGRAM AND ALCOHOLAN ASSESSMENTS)AFFIDAVIT OR CERTIFICATE, SIGNED BY THAT INDIVIDUAL, DEMONSTRATING FINANCIAL INABILITY TO SATISFYPAY THISALL REQUIREMENTOR UNDERPART PARAGRAPHOF (1).THE COSTS ASSOCIATED WITH THE SUBSTANCE MONITORING PROGRAM.

(B)(D) MONITORINGPROHIBITIONS.--AN DEVICESINDIVIDUAL ANDREQUIRED TECHNOLOGIES.--TO (1)PARTICIPATE IN A SUBSTANCE MONITORING PROGRAM SHALLIS INCLUDEPROHIBITED AFROM REQUIREMENTALL THATOF THE INDIVIDUALFOLLOWING USEFOR ORTHE PARTICIPATEDURATION IN ONE OR BOTH OF THE FOLLOWING,SUBSTANCE ASMONITORING DETERMINEDPROGRAM: BY THE COURT:

(I)(1) AIMBIBING CONTINUOUSALCOHOL, ALCOHOLUSING MONITORINGCONTROLLED DEVICE,SUBSTANCES REMOTE 20190HB0916PN4612 - 23 - BREATH TESTING DEVICE OR ANYBOTH OTHER SIMILAR ALCOHOL MONITORING TECHNOLOGY OR DEVICE, OTHER THAN AN IGNITION INTERLOCK SYSTEM, AS DETERMINED BY THE COURT.

(II)(2) RANDOMTAMPERING DRUGWITH TESTING OR ANY OTHERDEVICES CONTROLLED SUBSTANCE MONITORING TECHNOLOGY OR DEVICETECHNOLOGIES ASASSOCIATED DETERMINEDWITH BY THE COURT.SUBSTANCE MONITORING PROGRAM.

(2)(3) WHENFAILING DETERMININGTO THECOMPLY DEVICESWITH ORANY TECHNOLOGIESOTHER TOREQUIREMENTS BEORDERED USEDBY UNDERTHE PARAGRAPHCOURT (1),AS PART OF THE COURTSUBSTANCE SHALLMONITORING CONSIDER:20190HB0916PN2582 - 5 - PROGRAM.

(I)(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 INDIVIDUAL'SPREVIOUS PRIOR10 OFFENSES;YEARS.

(II)Section THE3. INDIVIDUAL'S MOST RECENT VIOLATION OF SECTION 3802;

(III)This ANYact PENDINGshall ADJUDICATIONtake OFeffect THEin INDIVIDUAL60 FORdays. A VIOLATION OF SECTION 3802;

(IV)20190HB0916PN2582 IN- CONSULTATION6 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 20190HB0916PN4612 - 24 - WITH THE SUBSTANCE MONITORING PROGRAM.

(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.

§ 1532(B)(6) AND (D) SHALL TAKE EFFECT IN 60 DAYS.

(3) THE AMENDMENT OR ADDITION OF 75 PA.C.S.

§ 3805(C) AND (C.1) SHALL TAKE EFFECT IN 90 DAYS.

(4) 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).

(5) THE ADDITION OF 75 PA.C.S.

CH.

15 SUBCH.

E SHALL TAKE EFFECT IN 10 MONTHS.

20190HB0916PN4612 - 25 - (6) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 120 DAYS.

20190HB0916PN4612 - 26 -