Pennsylvania Act 2002-198 — CRIMES CODE (18 PA.C.S.) - AMEND SUBSTANCE ABUSE EDUCATION, DEMAND REDUCTION FUND AND IMPOSING ASSESSMENTS

Act text

CRIMES CODE (18 PA.C.S.) - AMEND SUBSTANCE ABUSE EDUCATION, DEMAND
                 REDUCTION FUND AND IMPOSING ASSESSMENTS
                 Act of Dec. 9, 2002, P.L. 1539, No. 198              Cl. 18
                             Session of 2002
                               No. 2002-198

     SB 413

                                  AN ACT

     Amending Title 18 (Crimes and Offenses) of the Pennsylvania
        Consolidated Statutes, providing for Substance Abuse
        Education and Demand Reduction Fund; and imposing
        assessments.

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

        Section 1.  Title 18 of the Pennsylvania Consolidated
     Statutes is amended by adding a section to read:
      § 7508.1.  Substance Abuse Education and Demand Reduction Fund.
        (a)  Establishment.--The Substance Abuse Education and Demand
     Reduction Fund is hereby established as an account in the State
     Treasury. This fund shall be administered by the Pennsylvania
     Commission on Crime and Delinquency and shall be comprised of
     costs imposed and collected in accordance with the provisions of
     this section. All moneys in the fund and the interest accruing
     thereon are hereby appropriated, upon approval of the Governor,
     to the commission to carry out the provisions of this section.
        (b)  Imposition.--Unless the court finds that undue hardship
     would result, a mandatory cost of $100, which shall be in
     addition to any other costs imposed pursuant to statutory
     authority, shall automatically be assessed on any individual
     convicted, adjudicated delinquent or granted Accelerated
     Rehabilitative Disposition or any individual who pleads guilty
     or nolo contendere for a violation of the act of April 14, 1972
     (P.L.233, No.64), known as The Controlled Substance, Drug,
     Device and Cosmetic Act, or a violation of 75 Pa.C.S. § 3731
     (relating to driving under influence of alcohol or controlled
     substance).
        (c)  Additional assessment.--In addition to the assessment
     required by subsection (b), a person convicted of or adjudicated
     delinquent for a violation of 75 Pa.C.S. § 3731 shall be
     assessed $200 where the amount of alcohol by weight in the blood
     of the person is equal to or greater than .15% at the time a
     chemical test is performed on a sample of the person's breath,
     blood or urine. For the purposes of this subsection, the sample
     of the person's blood, breath or urine shall be taken within two
     hours after the person is placed under arrest.
        (d)  Collection.--Costs imposed under this section shall be
     collected in accordance with local court rules by the clerk of
     courts in the county where the violation has occurred. Of the
     amount collected, 50% shall remain in that county to be used for
     substance abuse treatment or prevention programs and the
     remaining 50% shall be deposited into the Substance Abuse
     Education and Demand Reduction Fund established under this
     section.
        (e)  Application.--All costs provided for in this section
     shall be in addition to and not in lieu of any fine authorized
     by law or required to be imposed under the act of November 24,
     1998 (P.L.882, No.111), known as the Crime Victims Act, or any
     other law. Nothing in this section shall be construed to affect,
     suspend or diminish any other criminal sanction, penalty or
     property forfeiture permitted by law.
        (f)  Grants.--Notwithstanding any other provision of law, the
     commission shall, upon written application and subsequent
     approval, use moneys received under this section to award grants
     to eligible organizations in the following manner:
            (1)  No more than 45% of grant moneys awarded annually
        shall go to programs to provide research-based approaches to
        prevention, intervention, training, treatment and education
        services to reduce substance abuse and Statewide programs to
        assist families in accessing such services.
            (2)  No more than 20% of grant moneys awarded annually
        shall go to Statewide programs to educate about the dangers
        of substance abuse and increase the awareness of the benefits
        of a drug-free Pennsylvania through public service
        announcement campaigns targeted toward youth, caregivers of
        youth and employers.
            (3)  No more than 20% of grant moneys awarded annually
        shall go to Statewide programs to educate employers, unions
        and employees about the dangers of substance abuse in the
        workplace and provide comprehensive drug-free workplace
        programs and technical resources for businesses, including,
        but not limited to, training for working parents to keep
        their children drug free.
            (4)  Ten percent of the grant moneys available to be
        awarded annually shall be transferred annually to the
        Community Drug Abuse Prevention Grant Program within the
        Office of Attorney General.
        (g)  Administration.--The commission shall develop
     guidelines, procedures and all applications necessary to
     implement the grant program. The commission shall equitably
     distribute grant moneys to applicants who apply for grants under
     subsection (f)(1) and (2) across all classes of counties. No
     more than 5% of total moneys deposited in the fund during a
     fiscal year may be used by the commission to administer the
     provisions of this section.
        (h)  Other initiatives.--Funds disbursed under this section
     shall not supplant Federal, State or local funds that would have
     otherwise been made available for substance abuse prevention,
     education, support, treatment and outreach initiatives.
        (i)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Commission."  The Pennsylvania Commission on Crime and
     Delinquency.
        "Fund."  The Substance Abuse Education and Demand Reduction
     Fund established by this section.
        Section 2.  This act shall take effect in 60 days.

     APPROVED--The 9th day of December, A. D. 2002.

     MARK S. SCHWEIKER