Pennsylvania Act 1990-122 — VEHICLE CODE (75 PA.C.S.) - AMEND

Act text

VEHICLE CODE (75 PA.C.S.) - AMEND
                 Act of Jul. 11, 1990, P.L. 513, No. 122              Cl. 75
                             Session of 1990
                               No. 1990-122

                                  AN ACT

     SB 1193

     Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
        Statutes, further providing for period of revocation or
        suspension of operating privilege and for requirements for
        driving under influence offenders.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Section 1541 of Title 75 of the Pennsylvania
     Consolidated Statutes is amended by adding a subsection to read:
      § 1541.  Period of revocation or suspension of operating
                        privilege.
        * * *
        (d)  Continued suspension of operating privilege.--A
     defendant ordered by the court under section 1548 (relating to
     requirements for driving under influence offenders), as the
     result of a conviction or Accelerated Rehabilitative Disposition
     of a violation of section 3731 (relating to driving under
     influence of alcohol or controlled substance), to attend a
     treatment program for alcohol or drug addiction must
     successfully complete all requirements of the treatment program
     ordered by the court before the defendant's operating privilege
     may be restored. Successful completion of a treatment program
     includes the payment of all court-imposed fines and costs, as
     well as fees to be paid to the treatment program by the
     defendant. If a defendant fails to successfully complete the
     requirements of a treatment program, the suspension shall remain
     in effect until the defendant completes the program and is
     otherwise eligible for restoration of his operating privilege.
     The treatment agency shall immediately notify the court of
     successful completion of the treatment program. The final
     decision as to whether a defendant has successfully completed
     the treatment program rests with the court.
        Section 2.  Section 1548(b) and (d) of Title 75 are amended
     and the section is amended by adding a subsection to read:
      § 1548.  Requirements for driving under influence offenders.
        * * *
        (b)  Attendance at alcohol highway safety school.--In
     addition to any other requirements of the court, every person
     convicted of a [violation of] first offense under section 3731
     and every person placed on Accelerated Rehabilitative
     Disposition or other preliminary disposition as a result of a
     charge of a violation of section 3731 shall, as a part of
     sentencing or as a condition of parole, probation or Accelerated
     Rehabilitative Disposition, be required to attend and
     successfully complete an approved alcohol highway safety school
     established pursuant to section 1549 (relating to establishment
     of schools). All persons required to participate in this program
     shall be given both oral and written notice of the provisions of
     section 1543(b) (relating to driving while operating privilege
     is suspended or revoked). Persons convicted of a second or
     subsequent offense under section 3731 shall be required by the
     court to be treated for alcohol or drug addiction pursuant to
     subsection (d).
        * * *
        (d)  Order for alcohol or drug commitment.--If after
     evaluation and further examination and hearing it is determined
     that [the] a defendant is an alleged chronic abuser of alcohol
     or controlled substances or that the person is a severely
     debilitated controlled substance or alcohol abuser who
     represents a demonstrated and serious threat [and that adequate
     treatment facilities are available], the court may order the
     person committed for treatment at a facility or institution
     approved by the Department of Health[:]. If the defendant has
     been convicted of a previous violation of section 3731, the
     court shall order the person committed to a drug and alcohol
     treatment program licensed by the Office of Drug and Alcohol
     Programs of the Department of Health:
            (1)  Any person subject to this subsection may be
        examined by an appropriate physician of the person's choosing
        and the result of the examination shall be considered by the
        court.
            (2)  Upon motion duly made by the committed person, an
        attorney or an attending physician, the court at any time
        after an order of commitment may review the order. After
        determining the progress of treatment, the court may order
        its continuation, the person's release or supervised
        treatment on an outpatient basis.
            (3)  Any person ordered by the court to receive treatment
        after a first offense, and any person required to receive
        treatment after a second offense under section 3731 must
        demonstrate to the court that the defendant has successfully
        completed treatment according to all guidelines required by
        the program before the person's operating privilege may be
        restored.
        * * *
        (f)  Court-ordered intervention or treatment.--A record shall
     be submitted to the department as to whether the court did or
     did not order a defendant to attend a program of supervised
     individual or group counseling treatment or supervised inpatient
     or outpatient treatment. If the court orders treatment, a report
     shall be forwarded to the department as to whether the defendant
     successfully completed the program. If a defendant fails to
     successfully complete a program of treatment as ordered by the
     court, the suspension shall remain in effect until the
     department is notified by the court that the defendant has
     successfully completed treatment and the defendant is otherwise
     eligible for restoration of his operating privilege. In order to
     implement the recordkeeping requirements of this section, the
     department and the court shall work together to exchange
     pertinent information about a defendant's case, including
     attendance and completion of treatment or failure to complete
     treatment.
        Section 3.  This act shall take effect December 1, 1990.

     APPROVED--The 11th day of July, A. D. 1990.

     ROBERT P. CASEY