Bill Text: PA SB826 | 2009-2010 | Regular Session | Introduced

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Bill Title: Further providing for definitions, for penalties and for mandatory sentencing.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2009-05-01 - Referred to TRANSPORTATION [SB826 Detail]

Download: Pennsylvania-2009-SB826-Introduced.html

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PRINTER'S NO. 963
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 826 Session of2009
INTRODUCED BY ORIE, BROWNE, LOGAN, WASHINGTON, YAW AND FONTANA, MAY 1, 2009
REFERRED TO TRANSPORTATION, MAY 1, 2009
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, further providing for definitions, for penalties
and for mandatory sentencing.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3801 of Title 75 of the Pennsylvania
Consolidated Statutes is amended by adding a definition to read:
§ 3801. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Continuous alcohol monitoring device." A device approved by
the Department of Transportation that automatically tests
breath, blood or transdermal alcohol concentration levels once
every hour and detects tamper attempts, regardless of the
location of the person who is being monitored, and regularly
transmits the data.
* * *
Section 2. Section 3804 of Title 75 is amended by adding a
subsection to read:
§ 3804. Penalties.
* * *
(e.1) Suspensions spanning longer than 24 months.--Persons
whose license is suspended for a period of two years or greater
on account of repeat violations of section 3802(a) may reduce
the total suspension period by up to six months by demonstrating
sobriety for six months through continuous alcohol monitoring.
* * *
Section 3. Section 3815(b)(2) of Title 75 is amended 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:
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(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).
(C) Offenders determined to be addicted to
alcohol shall wear a continuous alcohol monitoring
device for the duration of their parole. Except as
provided in paragraph (iii), the offender shall be
responsible for paying all costs associated with
monitoring, including installation.
(iii) A person subject to the requirements of
subparagraph (ii)(C) may apply to the department for a
hardship exemption that the person pay all costs
associated with monitoring. If the department finds the
applicant establishes the requirement would result in
undue financial hardship, it may determine what portion
of the device cost the applicant will be responsible for,
if any.
* * *
Section 4. This act shall take effect in 120 days.
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