PRINTER'S NO. 1396
No. 1219 Session of 1999
INTRODUCED BY ORIE, BROWNE, EGOLF, PLATTS, TULLI, ROEBUCK,
SURRA, BARD, BATTISTO, CAPPABIANCA, DALEY, COLAFELLA,
FICHTER, CARN, DeLUCA, NAILOR, NICKOL, SAYLOR, LAUGHLIN,
MASLAND, VAN HORNE, LEVDANSKY, CLARK, JOSEPHS, S. MILLER,
BARRAR, CIVERA, BENNINGHOFF, HENNESSEY, MELIO, STERN, JAMES,
M. COHEN, DERMODY, WILLIAMS, E. Z. TAYLOR, BISHOP, B. SMITH
AND BLAUM, APRIL 13, 1999
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 13, 1999
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, providing for ignition interlock device; and
3 imposing penalties.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 75 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 1548.1. Ignition interlock device.
9 (a) Restricted operating privileges by court order.--
10 (1) If an offender with restricted operating privileges
11 is 21 years of age or older and the conviction under section
12 3731 (relating to driving under influence of alcohol or
13 controlled substance) is a first offense or if the offense
14 results in an alternative rehabilitative disposition, the
15 court that sentenced the offender may also order that the
16 offender, for a period not less than eight months after the
1 offender's operating privileges are restored, up to a period
2 that is concurrent with any period of probation given as part
3 of the sentencing, may only operate a motor vehicle that is
4 equipped with a functioning interlock device in accordance
5 with this section.
6 (2) If an offender with restricted operating privileges
7 is 21 years of age or older and the conviction under section
8 3731 is a second or subsequent offense, the court that
9 sentenced the offender shall order that the offender, for a
10 period of not less than 12 months after the offender's
11 operating privileges are restored, and for a period that is
12 concurrent with any period of probation given as part of the
13 sentencing, may only operate a motor vehicle that is equipped
14 with a functioning interlock device in accordance with this
15 section.
16 (3) If an offender with restricted operating privileges
17 is under 21 years of age, the court that sentenced the
18 offender shall order that the offender, for a period not less
19 than 12 months after the offender's operating privileges are
20 restored, may only operate a motor vehicle that is equipped
21 with a functioning interlock device in accordance with this
22 section.
23 (4) Until the offender provides proof to the department
24 that a functioning ignition interlock has been installed on
25 the vehicle that will be operated by the offender during the
26 term of the offender's restricted driving privilege, the
27 department shall not restore the operating privileges of any
28 person required by a court order to operate a motor vehicle
29 as required by this section. The restricted operator's permit
30 shall bear a legend on its face with the words "interlock
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1 required" so that the operator can be readily identified as a
2 person who is required to operate only an ignition interlock
3 equipped motor vehicle.
4 (b) Emergency exception.--Except in the case of a
5 substantial emergency when no other person is reasonably
6 available to operate another vehicle in response to the
7 emergency, no person shall knowingly rent, lease or lend a motor
8 vehicle to an offender with restricted operating privileges,
9 unless the vehicle is equipped with a functioning ignition
10 interlock device that is certified under subsection (f).
11 (c) Duty to notify.--An offender with restricted operating
12 privileges who rents, leases or borrows a motor vehicle from
13 another person shall notify the person that the offender is
14 required by this section to only operate a motor vehicle
15 equipped with a functioning ignition interlock device.
16 (d) Employment exception.--
17 (1) An offender with restricted operating privileges who
18 is required by his employer to operate a motor vehicle owned
19 by the employer in the course and scope of his employment
20 may, with court approval, operate that vehicle without the
21 installation of an ignition interlock device, if and only if:
22 (i) The employer has been notified by the offender
23 that the offender is subject to this section and the
24 nature of the operating restrictions under this section.
25 (ii) The offender has proof of the employer's
26 notification in the offender's possession while operating
27 the employer's vehicle.
28 (iii) The offender operates the employer's vehicle
29 only during normal business duties.
30 (2) For purposes of this section, a motor vehicle owned
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1 by a business that is partly or entirely owned or controlled
2 by an offender with restricted operating privileges shall not
3 be deemed a motor vehicle owned by an employer.
4 (e) Proof of compliance.--
5 (1) If a court imposes the use of an ignition interlock
6 device as a condition of the granting of employment driving
7 privileges under subsection (d), the court shall require the
8 offender with restricted operating privileges to provide
9 proof of compliance to the court at least once quarterly or
10 more frequently as ordered by the court in its discretion,
11 that the terms of the interlock program protocol adopted by
12 the department, and the terms of the restricted driving
13 privileges and the terms of probation have been complied with
14 by the offender.
15 (2) If a court imposes the use of an ignition interlock
16 device as a condition of probation, the court shall require
17 the offender to provide proof of installation of a certified
18 device by an approved service provider under protocols
19 adopted by the department within 21 days of the court's
20 order; such compliance shall be reported to the court, or to
21 the probation officer, in the court's discretion, and to the
22 department but must be provided prior to issuing any
23 restricted operating privilege or continuing the probation
24 status beyond 21 days after sentencing.
25 (3) When a court imposes the use of an ignition
26 interlock device under paragraph (1) or (2), the offender, at
27 least once every 90 days or more frequently as ordered by the
28 court in its discretion, or by the protocol adopted by the
29 department:
30 (i) shall have the device inspected, calibrated for
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1 accurate operation, monitored as to driving history and
2 any attempts to tamper with or circumvent the device; and
3 (ii) the approved service provider shall provide the
4 results of the inspection, calibration, monitoring and
5 reports on driving history to the court, and/or to the
6 department as provided in the protocol adopted by the
7 department. Any approved service provider must provide a
8 fixed location for the installation and calibration of
9 interlock devices within any jurisdiction in this
10 Commonwealth, and provide 24-hour service to all persons
11 within this Commonwealth, abide by all the protocol
12 requirements adopted by the department, provide mobile or
13 other service approved by the department's protocol to
14 all persons within a 50-minute drive of their place of
15 business or residence. Any entity providing approved
16 service provider ignition interlock device services to
17 any part of this Commonwealth must also provide similar
18 services to the entire Commonwealth, under the
19 department's protocol.
20 (f) Certification of ignition interlock devices.--
21 (1) No ignition interlock device shall be distributed in
22 this Commonwealth without first being approved by the
23 department. No person shall install, service, calibrate,
24 maintain or report on datalogger history in the ignition
25 interlock device without first being approved as an approved
26 service provider. That approval shall be determined by a
27 protocol developed by a committee appointed by the chairman
28 of Subcommittee on Driving under the Influence of the
29 Judiciary Committee of the House of Representatives, and
30 shall be composed of a representative of the State
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1 legislature, the Pennsylvania State Police crime laboratory,
2 the State toxicologist, the Office of the Attorney General, a
3 district attorney, a member of the bar, a member of the
4 public, a representative of the Administrative Office of the
5 Courts, and a representative of the department, which shall
6 develop a protocol for:
7 (i) the approval of ignition interlock device; and
8 (ii) the certification of approved service providers
9 to install, maintain, calibrate, monitor and service
10 ignition interlock devices.
11 The committee shall determine the standards by which devices
12 will be certified, a protocol for their certification and
13 standards for approved service providers. Administration of
14 the certification process adopted by the committee shall be
15 the responsibility of the department. Both the manufacturer
16 of any approved interlock device and an approved service
17 provider shall be subject to the regulations adopted by
18 department under the standards adopted by the committee.
19 (2) The cost of obtaining the certification of an
20 ignition interlock device shall be paid by the manufacturer
21 of the device to the department and shall be used by the
22 department to offset the cost of the implementation of this
23 section.
24 (g) Certification.--The department shall appoint a Statewide
25 ignition interlock program coordinator. The department shall
26 adopt and publish rules and regulations in accordance with the
27 protocol for interlock devices and service providers as provided
28 in subsection (f). No ignition interlock device shall be
29 certified by the department under subsection (f) unless it meets
30 the requirements specified and published by the secretary in the
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1 rules adopted under the protocol adopted by the committee in
2 subsection (f). The rules and the protocol referenced in
3 subsection (f) shall provided for at least the following:
4 (1) All approved interlock devices shall be specific to
5 the detection of alcohol, and shall comply with all of the
6 following:
7 (i) Insure accurate detection of the quantity of
8 alcohol in a deep lung breath sample of not less than 1.5
9 liters, except in the case of medical exigencies that
10 prevent the delivery of a 1.5 liter breath sample.
11 (ii) It does not impede the safe operation of the
12 vehicle.
13 (iii) It has features that make circumvention
14 difficult and that do not interfere with the normal use
15 of the vehicle.
16 (iv) It correlates well with established measures of
17 alcohol impairment.
18 (v) It works accurately and reliably in an
19 unsupervised environment.
20 (vi) It is resistant to tampering and shows evidence
21 of tampering if tampering is attempted.
22 (vii) It is difficult to circumvent and requires
23 premeditation to do so.
24 (viii) It minimizes inconvenience to a sober user.
25 (ix) It requires a proper, deep-lung breath sample
26 or other accurate measure of the concentration by weight
27 of alcohol in the breath.
28 (x) It operates reliably over the range of
29 automobile environments in this Commonwealth.
30 (xi) It is made by a manufacturer who is covered by
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1 product liability insurance.
2 (xii) Has an approved service provider that provides
3 service to the entire Commonwealth within a 50-minute
4 drive of the place of residence or work of any interlock
5 program participant.
6 (2) All approved interlock devices shall be capable of
7 providing an information report in a common format to be
8 determined by the department for transmission to the courts,
9 the Pennsylvania Bureau of Probation and Parole and the
10 department in electronic or written format.
11 (h) Guidelines and reciprocity.--
12 (1) The department may enter into agreements with other
13 jurisdictions with ignition interlock programs such as would
14 enable the ability of a person from another jurisdiction or
15 from this jurisdiction to operate an interlock equipped motor
16 vehicle in either jurisdiction, provided that person is
17 enrolled in a valid ignition interlock program in the
18 reciprocating jurisdiction.
19 (2) The department may, in its discretion, approve the
20 certification of an ignition interlock device certified by
21 another jurisdiction if that interlock device is specific to
22 the detection of alcohol, has been manufactured by an ISO, or
23 equivilant manufacturer or has been tested to the
24 specifications of the Commonwealth by a laboratory certified
25 by the ISO, or an equivalent certifying organization.
26 (i) Warning label.--The department shall adopt rules for the
27 design of a warning label that shall be affixed to each ignition
28 interlock device upon installation. The label shall contain a
29 warning that any person tampering, circumventing or otherwise
30 misusing the device or aiding or abetting another in any such
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1 activity, is subject to a fine, imprisonment, or both, and may
2 be subject to civil liability.
3 (j) Restriction.--No offender with restricted operating
4 privileges, during any period that the offender is required to
5 operate only a motor vehicle equipped with an ignition interlock
6 device under this section shall request or permit any other
7 person to breathe into the device or start a motor vehicle
8 equipped with the device, for the purpose of providing the
9 offender with an operable motor vehicle.
10 (k) Providing vehicle to offender prohibition.--
11 (1) Except as provided in paragraph (2), no person shall
12 breathe into an ignition interlock device or start a motor
13 vehicle equipped with an ignition interlock device for the
14 purpose of providing an operable motor vehicle to an offender
15 with restricted driving privileges.
16 (2) Paragraph (1) shall not apply to an offender with
17 restricted operating privileges who breathes into an ignition
18 interlock device or starts a motor vehicle equipped with an
19 ignition interlock device for the purpose of operating a
20 motor vehicle by himself.
21 (l) Tampering.--No person shall tamper with or circumvent
22 the operation of an ignition interlock device unless authorized
23 to do so by the department.
24 (m) Penalty.--A person who violates this section commits a
25 felony of the third degree.
26 (n) Definitions.--As used in this section, the following
27 words and phrases shall have the meanings given to them in this
28 subsection:
29 "Approved service provider." An entity approved by the
30 department to install, service, maintain, calibrate, monitor,
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1 and report on driving behavior from the datalogger in an
2 ignition interlock device.
3 "Ignition interlock device." A breath alcohol ignition
4 interlock device that connects a breath analyzer to a motor
5 vehicle's ignition system, that is constantly available to
6 monitor the concentration by weight of alcohol in the breath of
7 any person attempting to start that motor vehicle by using its
8 ignition system, and that deters starting the motor vehicle by
9 use of its ignition system unless the person attempting to start
10 the vehicle provides an appropriate breath sample for the device
11 and the device determines that the concentration by weight of
12 alcohol in the person's breath is below a preset level.
13 "ISO." The International Organization for Standardization,
14 or an equivalent, as determined by the State toxicologist.
15 "Offender with restricted operating privileges." A person
16 convicted under section 3731 (relating to driving under
17 influence of alcohol or controlled substance).
18 Section 2. This act shall apply to all persons given a
19 restricted driving privilege after the effective date of this
20 act, notwithstanding the date of their conviction under 75
21 Pa.C.S. § 3731.
22 Section 3. This act shall take effect in 180 days.
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