SB 773 — 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 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 substance monitoring program.

PRIOR PRINTER'S NO.

1148 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.

1408773 THE2019 GENERALINTRODUCED ASSEMBLYBY OFKILLION, PENNSYLVANIAARGALL, SENATEBLAKE, BILLBREWSTER, SessionCOSTA, FOLMER, SANTARSIERO, TOMLINSON AND YAW, AUGUST 28, 2019LL, REFERRED TO TRANSPORTATION, AUGUST 28, 2019 AN ACT Amending Title 75 (Vehicles) of No.the Pennsylvania Consolidated Statutes, in general provisions, further providing for definitions;

773 2019 INTRODUCED BY KILLION, ARGALL, BLAKE, BREWSTER, COSTA, FOLMER, 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 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 undermandatory thesentencing; influence courts.roviding for a study of driving This act may be referred to as Deana's Law.

and providing for a study of driving under the influence courts.

This act may be referred to as Deana's Law.

Section 3802 of Title 75 is amended by adding a <-- subsection to read:

20190SB0773PN1408 - 2 - § 3802.

Driving under influence of alcohol or controlled 20190SB0773PN1148 - 2 - substance.

20190SB0773PN1408 - 3 - (ii) is able to operate the vehicle in a safe manner 20190SB0773PN1148 - 3 - and would not be in violation of this title;

Section 44. 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:

* * * (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 20190SB0773PN1408 - 4 - section 3802(c) or (d) [and who] commits:

20190SB0773PN1148 - 4 - (i) A felony of the third degree if the individual has two [or more] prior offenses [commits a felony of the third degree].

* * * Section 55. 4.

Section 3804 of Title 75 is amended by adding a <-- subsection to read:

* * * Section 66. 5.

Section 3805(c) and (h.2) of Title 75 are <-- amended to read:

* * * (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 20190SB0773PN1408 - 5 - contain the ignition interlock system restriction.

The 20190SB0773PN1148 - 5 - department shall not issue an unrestricted license until a person has presented all of the following:

20190SB0773PN1408 - 6 - If a violation under paragraph (1), (2) or (3) occurs, the 20190SB0773PN1148 - 6 - 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 77. 6.

Section 3815(b)(2) of Title 75 is amended and <-- the section is amended by adding a subsection to read:

and (II) the abuse of prescription drugs, over- 20190SB0773PN1408 - 7 - the-counter drugs or any other substances.

20190SB0773PN1148 - 7 - (B) Participate in and cooperate with drug and alcohol addiction treatment under subsection (c).

If on more than two occasions the CAM device detects that an offender's alcohol concentration is greater than 0.08%, the court may SHALL order the offender to participate in and <-- cooperate with drug and alcohol addiction treatment.

* * * 20190SB0773PN1408 - 8 - Section 88. 7.

The Department of Transportation, in <-- consultation 20190SB0773PN1148 - 8 - with the Pennsylvania State PolicePolice, 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.

Section 99. 8.

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