PRINTER'SH0916B4612A07917 NAD:JSL 11/18/20 #90 A07917 AMENDMENTS TO HOUSE BILL NO.

1037916 THESponsor: GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

916SENATOR 2019GORDNER INTRODUCEDPrinter's BYNo. STEPHENS, MURT, CALTAGIRONE, MILLARD, DeLUCA, MENTZER, PYLE, BERNSTINE, ROTHMAN, NEILSON, WARREN AND HERSHEY, MARCH 20, 2019 REFERRED TO COMMITTEE ON TRANSPORTATION, MARCH 20, 2019 AN ACT Amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in general provisions, further providing for definitions;

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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 "device." A monitoring device or instrument that:

(1) is attached to the person;

(2) is designed to automatically test the alcohol content in a person by contact with the skin of the person at least once per one-half hour regardless of the location on the person;

(3) detects the presence of alcohol;

and (4) detects an attempt to tamper with, obstruct or remove the device or instrument.

* * * Section 2.

Title 75 is amended by adding a section to read:

§ 1557.

Continuous alcohol monitoring device.

(a) Violations.--A person arrested for a violation of section 3802(b) or (c) (relating to driving under influence of alcohol or controlled substance) within 10 years of a prior conviction for an offense under section 3802 or while pending adjudication for one or more prior charges of violating section 3802 shall be fitted with a continuous alcohol monitoring device.

(b) Determination and costs to be paid.--A person fitted with a device under subsection (a) shall pay for all costs associated with the device, including administrative and operating costs.

The court may authorize the county to finance the use of the device under subsection (a) if the court, at any time, determines the person fitted with a device under subsection (a) lacks the financial ability to pay all or part of the costs of the device.

(c) Financial inquiry.--A court determination under subsection (b) shall be based on an appropriate inquiry into the financial circumstances of the person fitted with a device under subsection (a) and an affidavit or certificate, signed by the person fitted with a device under subsection (a), demonstrating 20190HB0916PN1037 - 2 - financial inability to pay all or part of the costs of the device.

(d) Alcohol prohibited.--At the initial court appearance and as a condition for release on bail, the court shall order the person fitted with a device under subsection (a) to refrain from consuming any alcohol and submit to monitoring by a device for no less than 90 days.

(e) Tampering prohibited.--The court shall order the person fitted with a device under subsection (a) to refrain from tampering with the device.

(f) Modification or suspension of conditions.--Except where a court finds an extension of the 90-day period under subsection (d) is necessary to ensure the safety of the public, and notwithstanding any law to the contrary, the court may not modify or suspend the conditions of this section.

(g) Device fitting.--If the person under subsection (a) was not previously fitted with a device, the court shall order the person to be fitted with a continuous alcohol monitoring device within 10 business days of the initial court appearance of the person.

Section 3.

This act shall take effect in 60 days.

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