PRINTER'S NO. 2590
No. 2027 Session of 1999
INTRODUCED BY ORIE, HERMAN, WOGAN, CORRIGAN, BELARDI, HENNESSEY,
PIPPY, LEDERER, KAISER, READSHAW, SOLOBAY, STERN, WILT,
B. SMITH, CLARK, PISTELLA, VAN HORNE, HORSEY, LUCYK,
WOJNAROSKI, TRELLO, ADOLPH, J. TAYLOR, EGOLF, GEIST, MELIO,
WASHINGTON, YOUNGBLOOD, RAMOS, COSTA, BARRAR, McILHATTAN,
E. Z. TAYLOR, DALLY, WILLIAMS, THOMAS, M. COHEN AND STEELMAN,
NOVEMBER 8, 1999
REFERRED TO COMMITTEE ON JUDICIARY, NOVEMBER 8, 1999
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for driving under the influence
3 of alcohol or controlled substance and for license revocation
4 or suspension; and making conforming amendments to Title 42.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 102 of Title 75 of the Pennsylvania
8 Consolidated Statutes is amended by adding a definition to read:
9 § 102. Definitions.
10 Subject to additional definitions contained in subsequent
11 provisions of this title which are applicable to specific
12 provisions of this title, the following words and phrases when
13 used in this title shall have, unless the context clearly
14 indicates otherwise, the meanings given to them in this section:
15 * * *
16 "Other intoxicant." A substance, including, but not limited
1 to, an inebriant, prescription medication, nonprescription
2 medication, a solvent or a narcotic, that affects the sensory,
3 motor and judgment functions of the central nervous system to a
4 degree that renders a person incapable of safe operation of a
5 vehicle.
6 * * *
7 Section 2. Sections 1508(c), 1532(b)(3), 1534(b), 1543(b)(1)
8 and 1547 of Title 75 are amended to read:
9 § 1508. Examination of applicant for driver's license.
10 * * *
11 (c) Alcohol [and], drug and other intoxicant use
12 information.--The traffic laws examination shall contain at
13 least one question relating to the driver's ability to
14 understand the effects of alcohol [and], drug and other
15 intoxicant use on highway safety or the provisions of section
16 1547 (relating to chemical testing to determine amount of
17 alcohol [or], controlled substance or other intoxicant). The
18 driver's manual shall include a section relating to the effects
19 of alcohol [and], drug and other intoxicant use on highway
20 safety, along with the related penalties.
21 * * *
22 § 1532. Suspension of operating privilege.
23 * * *
24 (b) Suspension.--
25 * * *
26 (3) The department shall suspend the operating privilege
27 of any driver for 12 months upon receiving a certified record
28 of the driver's conviction of section 3731 (relating to
29 driving under influence of alcohol [or], controlled
30 substance[) or] or other intoxicant), 3733 (relating to
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1 fleeing or attempting to elude police officer), 3735.1
2 (relating to aggravated assault by vehicle while driving
3 under the influence) or 3742.1 (relating to accidents
4 involving death or personal injury while not properly
5 licensed), or substantially similar offenses reported to the
6 department under Article III of section 1581 (relating to
7 Drivers's License Compact), or an adjudication of delinquency
8 based on section 3731 or 3733. The department shall suspend
9 the operating privilege of any driver for six months upon
10 receiving a certified record of a consent decree granted
11 under 42 Pa.C.S. Ch. 63 (relating to juvenile matters) based
12 on section 3731 or 3733.
13 * * *
14 § 1534. Notice of acceptance of Accelerated Rehabilitative
15 Disposition.
16 * * *
17 (b) Exception.--If a person is arrested for any offense
18 enumerated in section 3731 (relating to driving under influence
19 of alcohol [or], controlled substance or other intoxicant) and
20 is offered and accepts Accelerated Rehabilitative Disposition
21 under general rules, the court shall promptly notify the
22 department. The department shall maintain a record of the
23 acceptance of Accelerated Rehabilitative Disposition for a
24 period of seven years from the date of notification. This record
25 shall not be expunged by order of court.
26 § 1543. Driving while operating privilege is suspended or
27 revoked.
28 * * *
29 (b) Certain offenses.--
30 (1) Any person who drives a motor vehicle on any highway
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1 or trafficway of this Commonwealth at a time when their
2 operating privilege is suspended or revoked as a condition of
3 acceptance of Accelerated Rehabilitative Disposition for a
4 violation of section 3731 (relating to driving under
5 influence of alcohol [or], controlled substance or other
6 intoxicant) or because of a violation of section 1547(b)(1)
7 (relating to suspension for refusal) or 3731 or suspended
8 under section 1581 (relating to Driver's License Compact) for
9 an offense substantially similar to a violation of section
10 3731 shall, upon conviction, be guilty of a summary offense
11 and shall be sentenced to pay a fine of $1,000 and to undergo
12 imprisonment for a period of not less than 90 days.
13 * * *
14 § 1547. Chemical testing to determine amount of alcohol [or],
15 controlled substance or other intoxicant.
16 (a) General rule.--Any person who drives, operates or is in
17 actual physical control of the movement of a motor vehicle in
18 this Commonwealth shall be deemed to have given consent to one
19 or more chemical tests of breath, blood or urine for the purpose
20 of determining the alcoholic content of blood or the presence of
21 a controlled substance or other intoxicant if a police officer
22 has reasonable grounds to believe the person to have been
23 driving, operating or in actual physical control of the movement
24 of a motor vehicle:
25 (1) while under the influence of alcohol or a controlled
26 substance or [both] other intoxicant or any combination
27 thereof; or
28 (2) which was involved in an accident in which the
29 operator or passenger of any vehicle involved or a pedestrian
30 required treatment at a medical facility or was killed.
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1 (b) Suspension for refusal.--
2 (1) If any person placed under arrest for a violation of
3 section 3731 (relating to driving under influence of alcohol
4 [or], controlled substance or other intoxicant) is requested
5 to submit to chemical testing and refuses to do so, the
6 testing shall not be conducted but upon notice by the police
7 officer, the department shall suspend the operating privilege
8 of the person for a period of 12 months.
9 (2) It shall be the duty of the police officer to inform
10 the person that the person's operating privilege will be
11 suspended upon refusal to submit to chemical testing.
12 (3) Any person whose operating privilege is suspended
13 under the provisions of this section shall have the same
14 right of appeal as provided for in cases of suspension for
15 other reasons.
16 (c) Test results admissible in evidence.--In any summary
17 proceeding or criminal proceeding in which the defendant is
18 charged with a violation of section 3731 or any other violation
19 of this title arising out of the same action, the amount of
20 alcohol [or], controlled substance or other intoxicant in the
21 defendant's blood, as shown by chemical testing of the person's
22 breath, blood or urine, which tests were conducted by qualified
23 persons using approved equipment, shall be admissible in
24 evidence.
25 (1) Chemical tests of breath shall be performed on
26 devices approved by the Department of Health using procedures
27 prescribed jointly by regulations of the Departments of
28 Health and Transportation. Devices shall have been calibrated
29 and tested for accuracy within a period of time and in a
30 manner specified by regulations of the Departments of Health
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1 and Transportation. For purposes of breath testing, a
2 qualified person means a person who has fulfilled the
3 training requirement in the use of the equipment in a
4 training program approved by the Departments of Health and
5 Transportation. A certificate or log showing that a device
6 was calibrated and tested for accuracy and that the device
7 was accurate shall be presumptive evidence of those facts in
8 every proceeding in which a violation of this title is
9 charged.
10 (2) Chemical tests of blood or urine shall be performed
11 by a clinical laboratory licensed and approved by the
12 Department of Health for this purpose using procedures and
13 equipment prescribed by the Department of Health or by a
14 Pennsylvania State Police criminal laboratory. For purposes
15 of blood and urine testing, qualified person means an
16 individual who is authorized to perform those chemical tests
17 under the act of September 26, 1951 (P.L.1539, No.389), known
18 as The Clinical Laboratory Act.
19 (d) Presumptions from amount of alcohol.--If chemical
20 testing of a person's breath, blood or urine shows:
21 (1) That the amount of alcohol by weight in the blood of
22 an adult is 0.05% or less, it shall be presumed that the
23 adult was not under the influence of alcohol and the adult
24 shall not be charged with any violation under section
25 3731(a)(1), (4) or (5) [(relating to driving under influence
26 of alcohol or controlled substance),] or, if the adult was so
27 charged prior to the test, the charge shall be void ab
28 initio. This fact shall not give rise to any presumption
29 concerning a violation of section 3731(a)(2) or (3) or (i).
30 (2) That the amount of alcohol by weight in the blood of
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1 an adult is in excess of 0.05% but less than 0.10%, this fact
2 shall not give rise to any presumption that the adult was or
3 was not under the influence of alcohol, but this fact may be
4 considered with other competent evidence in determining
5 whether the adult was or was not under the influence of
6 alcohol. This provision shall not negate the provisions of
7 section 3731(i).
8 (3) That the amount of alcohol by weight in the blood
9 of:
10 (i) an adult is 0.10% or more; or
11 (ii) a minor is 0.02% or more.
12 This fact may be introduced into evidence if the person is
13 charged with violating section 3731.
14 (e) Refusal admissible in evidence.--In any summary
15 proceeding or criminal proceeding in which the defendant is
16 charged with a violation of section 3731 or any other violation
17 of this title arising out of the same action, the fact that the
18 defendant refused to submit to chemical testing as required by
19 subsection (a) may be introduced in evidence along with other
20 testimony concerning the circumstances of the refusal. No
21 presumptions shall arise from this evidence but it may be
22 considered along with other factors concerning the charge.
23 (f) Other evidence admissible.--Subsections (a) through (i)
24 shall not be construed as limiting the introduction of any other
25 competent evidence bearing upon the question whether or not the
26 defendant was under the influence of alcohol.
27 (g) Test results available to defendant.--Upon the request
28 of the person tested, the results of any chemical test shall be
29 made available to him or his attorney.
30 (h) Test by personal physician.--The person tested shall be
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1 permitted to have a physician of his own choosing administer an
2 additional breath, blood or urine chemical test and the results
3 of the test shall also be admissible in evidence. The chemical
4 testing given at the direction of the police officer shall not
5 be delayed by a person's attempt to obtain an additional test.
6 (i) Request by driver for test.--Any person involved in an
7 accident or placed under arrest for a violation of section 3731
8 may request a chemical test of his breath, blood or urine. Such
9 requests shall be honored when it is reasonably practicable to
10 do so.
11 (j) Immunity from civil liability and reports.--No
12 physician, nurse or technician or hospital employing such
13 physician, nurse or technician, and no other employer of such
14 physician, nurse or technician shall be civilly liable for
15 withdrawing blood or obtaining a urine sample and reporting test
16 results to the police at the request of a police officer
17 pursuant to this section. No physician, nurse or technician or
18 hospital employing such physician, nurse or technician may
19 administratively refuse to perform such tests and provide the
20 results to the police officer except as may be reasonably
21 expected from unusual circumstances that pertain at the time the
22 request is made.
23 (k) Prearrest breath test authorized.--A police officer,
24 having reasonable suspicion to believe a person is driving or in
25 actual physical control of the movement of a motor vehicle while
26 under the influence of alcohol, may require that person prior to
27 arrest to submit to a preliminary breath test on a device
28 approved by the Department of Health for this purpose. The sole
29 purpose of this preliminary breath test is to assist the officer
30 in determining whether or not the person should be placed under
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1 arrest. The preliminary breath test shall be in addition to any
2 other requirements of this title. No person has any right to
3 expect or demand a preliminary breath test. Refusal to submit to
4 the test shall not be considered for purposes of subsections (b)
5 and (e).
6 (l) Definitions.--As used in this section, the following
7 words and phrases shall have the meanings given to them in this
8 subsection:
9 "Adult." A person 21 years of age or older.
10 "Minor." A person under 21 years of age.
11 Section 3. Section 1548(a) and (d) of Title 75, amended June
12 25, 1999 (P.L.164, No.23), are amended to read:
13 § 1548. Requirements for driving under influence offenders.
14 (a) Evaluation using Court Reporting Network.--In addition
15 to any other requirements of the court, every person convicted
16 of a violation of section 3731 (relating to driving under
17 influence of alcohol [or], controlled substance or other
18 intoxicant) and every person offered Accelerated Rehabilitative
19 Disposition as a result of a charge of a violation of section
20 3731 shall, prior to sentencing or receiving Accelerated
21 Rehabilitative Disposition or other preliminary disposition, be
22 evaluated using Court Reporting Network instruments issued by
23 the department and any other additional evaluation techniques
24 deemed appropriate by the court to determine the extent of the
25 person's involvement with alcohol [or], controlled substances or
26 other intoxicants and to assist the court in determining what
27 sentencing, probation or conditions of Accelerated
28 Rehabilitative Disposition would benefit the person or the
29 public.
30 * * *
19990H2027B2590 - 9 -
1 (d) Order for alcohol or drug commitment.--If after
2 evaluation and further examination and hearing it is determined
3 that a defendant is an alleged chronic abuser of alcohol [or],
4 controlled substances or other intoxicants or that the person is
5 a severely debilitated controlled substance [or], alcohol or
6 other intoxicant abuser who represents a demonstrated and
7 serious threat, the court may order the person committed for
8 treatment at a facility or institution approved by the
9 Department of Health or operated by a facility or hospital that
10 is under the authority of the United States Armed Forces or the
11 Department of Veterans Affairs. If the defendant has been
12 convicted of a previous violation of section 3731, the court
13 shall order the person committed to a drug and alcohol treatment
14 program licensed by the Office of Drug and Alcohol Programs of
15 the Department of Health or operated by a facility or hospital
16 that is under the authority of the United States Armed Forces or
17 the Department of Veterans Affairs:
18 (1) Any person subject to this subsection may be
19 examined by an appropriate physician of the person's choosing
20 and the result of the examination shall be considered by the
21 court.
22 (2) Upon motion duly made by the committed person, an
23 attorney or an attending physician, the court at any time
24 after an order of commitment may review the order. After
25 determining the progress of treatment, the court may order
26 its continuation, the person's release or supervised
27 treatment on an outpatient basis.
28 (3) Any person ordered by the court to receive treatment
29 after a first offense, and any person required to receive
30 treatment after a second offense under section 3731 must
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1 demonstrate to the court that the defendant has successfully
2 completed treatment according to all guidelines required by
3 the program before the person's operating privilege may be
4 restored.
5 * * *
6 Section 4. Sections 1552, 3731 heading, (a), (b) and (g),
7 3732, 3735 and 3755(a) of Title 75 are amended to read:
8 § 1552. Accelerated Rehabilitative Disposition.
9 The court of common pleas in each judicial district and the
10 Municipal Court of Philadelphia shall establish and implement a
11 program for Accelerated Rehabilitative Disposition for persons
12 charged with a violation of section 3731 (relating to driving
13 under influence of alcohol [or], controlled substance or other
14 intoxicant) in accordance with the provisions of this chapter
15 and rules adopted by the Supreme Court.
16 § 3731. Driving under influence of alcohol [or], controlled
17 substance or other intoxicant.
18 (a) Offense defined.--A person shall not drive, operate or
19 be in actual physical control of the movement of a vehicle in
20 any of the following circumstances:
21 (1) While under the influence of alcohol to a degree
22 which renders the person incapable of safe driving.
23 (2) While under the influence of any controlled
24 substance, as defined in the act of April 14, 1972 (P.L.233,
25 No.64), known as The controlled Substance, Drug, Device and
26 Cosmetic Act, to a degree which renders the person incapable
27 of safe driving.
28 (2.1) While under the influence of any other intoxicant
29 to a degree which renders the person incapable of safe
30 driving.
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1 (3) While under the combined influence of [alcohol and
2 any controlled substance to a degree which renders the person
3 incapable of safe driving.] two or more of the following to a
4 degree which renders the person incapable of safe driving:
5 (i) Alcohol.
6 (ii) Any controlled substance.
7 (iii) Any other intoxicant.
8 (4) While the amount of alcohol by weight in the blood
9 of:
10 (i) an adult is 0.10% or greater; or
11 (ii) a minor is 0.02% or greater.
12 * * *
13 (b) Authorized use not a defense.--The fact that any person
14 charged with violating this section is or has been legally
15 entitled to use alcohol [or], controlled substances or other
16 intoxicants is not a defense to any charge of violating this
17 section.
18 * * *
19 (g) Notice by department.--The department shall prepare a
20 notice which shall contain a clear statement of the penalties
21 prescribed by law for driving under the influence in violation
22 of this section, for homicide by vehicle while driving under
23 influence in violation of section 3735 (relating to homicide by
24 vehicle while driving under influence), for refusal to take a
25 chemical test provided for in section 1547 (relating to chemical
26 testing to determine amount of alcohol [or], controlled
27 substance or other intoxicant) and for consuming alcohol or a
28 controlled substance in a vehicle while the vehicle is in
29 operation on any highway in violation of section 3715 (relating
30 to restriction on alcoholic beverages). The notice shall include
19990H2027B2590 - 12 -
1 a statement that the length of any suspension of operating
2 privileges resulting from a refusal to take a chemical test
3 shall be in addition to the length of any suspension imposed as
4 a result of a conviction for driving under the influence
5 notwithstanding the fact that both suspensions were imposed in
6 connection with the same incident. The notice shall also include
7 a statement advising that it is possible that these penalties
8 could be revised, in whole or in part, by the General Assembly
9 prior to their receipt of a subsequent notice. Failure to
10 receive the notice shall not be a defense in any criminal,
11 license suspension or license revocation proceeding brought
12 pursuant to this title or in any other action whether or not the
13 failure is due to an error or omission on the part of the
14 department. The department shall provide the notice to operators
15 of motor vehicles in the same mailing that it utilizes for the
16 issuance of learners' permits and for the issuance and renewal
17 of drivers' licenses or at the time of issuance of a photo
18 driver's license.
19 * * *
20 § 3732. Homicide by vehicle.
21 Any person who unintentionally causes the death of another
22 person while engaged in the violation of any law of this
23 Commonwealth or municipal ordinance applying to the operation or
24 use of a vehicle or to the regulation of traffic except section
25 3731 (relating to driving under influence of alcohol [or],
26 controlled substance or other intoxicant) is guilty of homicide
27 by vehicle, a misdemeanor of the first degree, when the
28 violation is the cause of death.
29 § 3735. Homicide by vehicle while driving under influence.
30 (a) Offense defined.--Any person who unintentionally causes
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1 the death of another person as the result of a violation of
2 section 3731 (relating to driving under influence of alcohol
3 [or], controlled substance or other intoxicant) and who is
4 convicted of violating section 3731 is guilty of a felony of the
5 second degree when the violation is the cause of death and the
6 sentencing court shall order the person to serve a minimum term
7 of imprisonment of not less than three years. A consecutive
8 three-year term of imprisonment shall be imposed for each victim
9 whose death is the result of the violation of section 3731.
10 (b) Applicability of sentencing guidelines.--The sentencing
11 guidelines promulgated by the Pennsylvania Commission on
12 Sentencing shall not supersede the mandatory penalty of this
13 section.
14 § 3755. Reports by emergency room personnel.
15 (a) General rule.--If, as a result of a motor vehicle
16 accident, the person who drove, operated or was in actual
17 physical control of the movement of any involved motor vehicle
18 requires medical treatment in an emergency room of a hospital
19 and if probable cause exists to believe a violation of section
20 3731 (relating to driving under influence of alcohol [or],
21 controlled substance or other intoxicant) was involved, the
22 emergency room physician or his designee shall promptly take
23 blood samples from those persons and transmit them within 24
24 hours for testing to the Department of Health or a clinical
25 laboratory licensed and approved by the Department of Health and
26 specifically designated for this purpose. This section shall be
27 applicable to all injured occupants who were capable of motor
28 vehicle operation if the operator or person in actual physical
29 control of the movement of the motor vehicle cannot be
30 determined. Test results shall be released upon request of the
19990H2027B2590 - 14 -
1 person tested, his attorney, his physician or governmental
2 officials or agencies.
3 * * *
4 Section 5. Sections 933(a)(1)(ii), 1515(a)(5), 3571(b)(4)
5 and 3573(b)(3) of Title 42 are amended to read:
6 § 933. Appeals from government agencies.
7 (a) General rule.--Except as otherwise prescribed by any
8 general rule adopted pursuant to section 503 (relating to
9 reassignment of matters), each court of common pleas shall have
10 jurisdiction of appeals from final orders of government agencies
11 in the following cases:
12 (1) Appeals from Commonwealth agencies in the following
13 cases:
14 * * *
15 (ii) Determinations of the Department of
16 Transportation appealable under the following provisions
17 of Title 75 (relating to vehicles):
18 Section 1377 (relating to judicial review).
19 Section 1550 (relating to judicial review).
20 Section 4724(b) (relating to judicial review).
21 Section 7303(b) (relating to judicial review).
22 Section 7503(b) (relating to judicial review).
23 Except as otherwise prescribed by general rules, the
24 venue shall be in the county of the principal place of
25 business of any salvor or messenger service, the location
26 of any inspection station involved, the county where the
27 arrest for a violation of 75 Pa.C.S. § 3731 (relating to
28 driving under influence of alcohol [or], controlled
29 substance or other intoxicant) was made in appeals
30 involving the suspension of operating privileges under 75
19990H2027B2590 - 15 -
1 Pa.C.S. § 1547 (relating to chemical testing to determine
2 amount of alcohol [or], controlled substance or other
3 intoxicant) or the residence of any individual appellant
4 where the venue is not otherwise fixed by this sentence.
5 In the case of a nonresident individual venue, except as
6 otherwise prescribed by general rules, shall be in the
7 county in which the offense giving rise to the recall,
8 cancellation, suspension or revocation of operating
9 privileges occurred.
10 * * *
11 § 1515. Jurisdiction and venue.
12 (a) Jurisdiction.--Except as otherwise prescribed by general
13 rule adopted pursuant to section 503 (relating to reassignment
14 of matters), district justices shall, under procedures
15 prescribed by general rule, have jurisdiction of all of the
16 following matters:
17 * * *
18 (5) Offenses under 75 Pa.C.S. § 3731 (relating to
19 driving under influence of alcohol [or], controlled substance
20 or other intoxicant), if the following criteria are met:
21 (i) The offense is the first offense by the
22 defendant under such provision in this Commonwealth.
23 (ii) No personal injury (other than to the defendant
24 or the immediate family of the defendant) resulted from
25 the offense.
26 (iii) The defendant pleads guilty.
27 (iv) No property damage in excess of $500 other than
28 to the defendant's property resulted from the violation.
29 (v) The defendant is not subject to the provisions
30 of Chapter 63 (relating to juvenile matters).
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1 (vi) The arresting authority shall cause to be
2 transmitted a copy of the charge of any violation of 75
3 Pa.C.S. § 3731 to the office of the clerk of the court of
4 common pleas within five days after the preliminary
5 arraignment.
6 In determining that the above criteria are met the district
7 justice shall rely on the certification of the arresting
8 authority. Certification that the criteria are met need not
9 be in writing. Within ten days after the disposition, the
10 district justice shall certify the disposition to the office
11 of the clerk of the court of common pleas in writing.
12 * * *
13 § 3571. Commonwealth portion of fines, etc.
14 * * *
15 (b) Vehicle offenses.--
16 * * *
17 (4) When prosecution under 75 Pa.C.S. § 3731 (relating
18 to driving under influence of alcohol [or], controlled
19 substance or other intoxicant) is the result of State Police
20 action, 50% of all fines, forfeited recognizances and other
21 forfeitures imposed, lost or forfeited shall be payable to
22 the Commonwealth, for credit to the Motor License Fund, and
23 50% shall be payable to the county which shall be further
24 divided as follows:
25 (i) Fifty percent of the moneys received shall be
26 allocated to the appropriate county authority which
27 implements the county drug and alcohol program to be used
28 solely for the purposes of aiding programs promoting drug
29 abuse and alcoholism prevention, education, treatment and
30 research. Programs under this subparagraph include
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1 Project DARE (Drug and Alcohol Resistance Education).
2 (ii) Fifty percent of the moneys received shall be
3 used for expenditures incurred for county jails, prisons,
4 workhouses and detention centers.
5 * * *
6 § 3573. Municipal corporation portion of fines, etc.
7 * * *
8 (b) Vehicle offenses.--
9 * * *
10 (3) When prosecution under 75 Pa.C.S. § 3731 (relating
11 to driving under influence of alcohol [or], controlled
12 substance or other intoxicant) is the result of local police
13 action, 50% of all fines, forfeited recognizances and other
14 forfeitures imposed, lost or forfeited shall be payable to
15 the municipal corporation under which the local police are
16 organized, and 50% shall be payable to the county which shall
17 be further divided as follows:
18 (i) Fifty percent of the moneys received shall be
19 allocated to the appropriate county authority which
20 implements the county drug and alcohol program to be used
21 solely for the purposes of aiding programs promoting drug
22 abuse and alcoholism prevention, education, treatment and
23 research. Programs under this subparagraph include
24 Project DARE (Drug and Alcohol Resistance Education).
25 (ii) Fifty percent of the moneys received shall be
26 used for expenditures incurred for county jails, prisons,
27 workhouses and detention centers.
28 * * *
29 Section 6. This act shall take effect in 60 days.
H9L75RLE/19990H2027B2590 - 18 -