PRINTER'S NO. 718
No. 674 Session of 1989
INTRODUCED BY HESS, MARCH 13, 1989
REFERRED TO JUDICIARY, MARCH 13, 1989
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, providing for the use of an ignition interlock
3 device; and providing for related penalties.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 102 of Title 75 of the Pennsylvania
7 Consolidated Statutes is amended by adding a definition to read:
8 § 102. Definitions.
9 Subject to additional definitions contained in subsequent
10 provisions of this title which are applicable to specific
11 provisions of this title, the following words and phrases when
12 used in this title shall have, unless the context clearly
13 indicates otherwise, the meanings given to them in this section:
14 * * *
15 "Ignition interlock device." A device which prevents a motor
16 vehicle from being started at any time without first determining
17 through a deep lung sample the operator's blood-alcohol
18 concentration equivalent breath-alcohol level, or determining
1 through a performance test the operator's psychomotor reaction.
2 * * *
3 Section 2. Section 1548(c) of Title 75 is amended to read:
4 § 1548. Requirements for driving under influence offenders.
5 * * *
6 (c) Results of evaluation.--Based on the results of
7 evaluation and any additional information and evidence, the
8 court may in addition to any other requirements of the court or
9 this title determine and require, as part of sentencing or
10 condition of parole, probation or Accelerated Rehabilitative
11 Disposition or other preliminary disposition, that the person
12 successfully complete a prescribed program of individual or
13 group intervention or supervised inpatient or outpatient
14 treatment or any combination of these programs or treatments for
15 a period of up to two years in duration. Any program of
16 individual or group intervention or supervised inpatient or
17 outpatient treatment shall [be of a type approved] take place in
18 a facility licensed by the Department of Health. Based on
19 periodic reviews of the person's progress, the court may alter,
20 modify or shorten or extend the duration of the requirements.
21 * * *
22 Section 3. Title 75 is amended by adding sections to read:
23 § 1553. Notice of court-required ignition interlock device.
24 (a) General rule.--If a person has been convicted of a
25 violation of section 3731 (relating to driving under influence
26 of alcohol or controlled substance) or has been offered and has
27 accepted Accelerated Rehabilitative Disposition as a result of a
28 charge of a violation of section 3731, and if the court, as a
29 part of sentencing or as a condition of parole, probation or
30 acceptance of Accelerated Rehabilitative Disposition under
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1 general rules, has required that person to drive only a motor
2 vehicle equipped with a functioning ignition interlock device,
3 the court shall promptly notify the department of the
4 restriction, the length of time it shall apply, and any
5 subsequent changes. The department shall maintain a record that
6 a person may only drive a motor vehicle equipped with a
7 functioning ignition interlock device.
8 (b) Report of violation.--If a police officer has reasonable
9 grounds to believe a person subject to a court-imposed
10 restriction to drive only a motor vehicle equipped with a
11 functioning ignition interlock device has been driving a motor
12 vehicle in violation of the restriction, the police officer
13 shall notify the department or the court which imposed the
14 restriction. The department, whenever notified, shall promptly
15 forward the information to the court which imposed the
16 restriction.
17 § 3716. Limitations on ignition interlock devices.
18 (a) General rule.--It is unlawful for a person who has been
19 convicted of a violation of section 3731 (relating to driving
20 under influence of alcohol or controlled substance) or has been
21 offered and has accepted Accelerated Rehabilitative Disposition
22 as a result of a charge of a violation of section 3731 and the
23 court, as a part of sentencing or as a condition of parole,
24 probation or acceptance of Accelerated Rehabilitative
25 Disposition under general rules, has required that person to
26 drive only a motor vehicle equipped with a functioning ignition
27 interlock device, to request or solicit any other person to
28 start a vehicle equipped with an ignition interlock device for
29 the purpose of providing the person whose driving privilege is
30 restricted with an operable vehicle.
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1 (b) Unlawful assistance.--It is unlawful for another person
2 to start a vehicle equipped with an ignition interlock device
3 for the purpose of providing an operable vehicle to a person who
4 has a court-ordered interlock device installed.
5 (c) Penalty.--Any person violating any of the provisions of
6 this section commits a summary offense and shall, upon
7 conviction, be sentenced to pay a fine of not more than $1,000.
8 § 4537. Ignition interlock devices.
9 (a) Authority of department.--The department shall
10 promulgate regulations providing for the approval, installation,
11 periodic inspection, repair and removal of ignition interlock
12 devices designed to prevent a person subject to court
13 restriction from operating a motor vehicle after having consumed
14 an alcoholic beverage or using a controlled substance.
15 (b) Warning label.--The department shall design a warning
16 label which shall be promptly affixed by the person who has a
17 court-required ignition interlock device installed to each
18 ignition interlock device upon installation. The label shall
19 contain a warning that any person tampering with, circumventing
20 or otherwise misusing the device commits a summary offense
21 punishable as provided by law.
22 (c) Limitation on alteration of device.--No person shall
23 tamper with, circumvent or otherwise misuse an ignition
24 interlock device installed on any vehicle so as to limit the
25 ability of the device to prevent a person subject to court
26 restriction from operating the vehicle after having consumed an
27 alcoholic beverage or using a controlled substance.
28 (d) Penalty.--Any person tampering with, circumventing or
29 otherwise misusing an ignition interlock device commits a
30 summary offense and shall, upon conviction, be sentenced to pay
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1 a fine of not more than $1,000.
2 Section 4. This act shall take effect in 60 days.
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