Killion: Deana’s Law back on track after hiccup

A package of reforms to Pennsylvania’s drunk driving laws should be able to move through the state House and come back to the Senate for a concurrence vote when the General Assembly returns on Nov. 10, according to state Sen. Tom Killion, R- 9 of Middletown.

Killion was the prime sponsor of Senate Bill 773, more commonly known as “Deana’s Law,” which passed through the state Senate 43- 6 before heading to the House Transportation Committee in January.

he bill is named for Deana Eckman, 45, who was killed by David Strowhouer in a drunk driving crash as she and her husband, Chris, were returning home from a family gathering Feb. 16, 2019. Strowhouer, currently serving a state prison sentence of 25- 50 years, had five previous DUIs on his record, all with high rates of alcohol in his system.

Eckman’s family turned to Killion shortly after her death to push for reforming DUI laws in the state that allowed Strowhouer to be on the road. Her mother, Roseanne DeRosa, commended Killion for his tireless work on the package over the past year and a half to make it a reality.

Deana’s Law would require anyone convicted on a third DUI to serve a sentence consecutive to any other sentence imposed by the court and increase jail time for repeat offenders. Current sentencing guidelines for fourth and fifth offenses are threeanda- half to seven years, but the bill would raise those to five to 10 years and 10 to 20 years, respectively.

The bill would also impose preventative measures by mandating statewide use of “continuous alcohol monitoring” devices, also known as CAM ( or “SCRAM” for Secure Continuous Remote Alcohol Monitor). These devices are affixed to offenders in the same manner as house arrest devices, but sample and test the wearer’s perspiration for the presence of alcohol.

If the device senses alcohol in the wearer’s system, a signal is transmitted to a monitoring agency that can notify police to detain the person before they drive in the hopes of averting another tragedy.

Killion said Tuesday that he had worked with a wide range of shareholders in crafting the reforms, but it hit a snag last week when an amendment carved out marijuana “used lawfully” under the state’s Medical Marijuana Act from the definitions for a “controlled substance.”

That amendment killed AAA support for Deana’s Law, which was communicated to state Representatives last week before the bill was re- referred to Appropriations. Jana Tidwell, spokesperson for AAA MidAtlantic, said the organization would not be on board with the legislation until that language is removed.

“The fact of the matter is that individuals that drive while impaired, whether it is under the influence of a substance or the influence of alcohol, the motorist is still impaired,” said Tidwell. “So AAA does not support Deana’s Law with the proposed amendment because the amendment … was proposed to loosen the DUI conditions.”

DeRosa said Tuesday that she was livid that the language had been added at all.

“There was no way they should have accepted a medical marijuana amendment to that bill,” she said. “It was a good, solid bill and they added that at the last minute. To throw that in and mess up the bill was an outrageous thing to do.”

Killion, who faces Democrat John Kane in next month’s election, said he understood wanting to add the amendment, because medically licensed use of cannabis in the state is not illegal and the main psychoactive compound of marijuana, tetrahydrocannabinol, can be detected by tests long after it is inactive. But, he added, that is a separate issue that can be dealt with under another bill and should not be a blockade to getting the reforms in Deana’s Law through.

Killion said he been in discussions with leadership and committee members Tuesday trying to get the amendment removed so the bill can go to the House floor for a vote.

“We have a commitment that when we come back, we can move the bill with removing the controversial language in the House,” he said. “It would come out of Appropriations onto the whole House floor, three hours later they can vote it, then it would come over to the Senate and it would go into the Rules Committee. We can move it out of Rules right away and onto the Senate floor, and then it’s just a simple concurrence vote. I’m sure we’ll have the votes in the Senate because we had them before, and then it goes on to the governor for signature.”

DeRosa said she hopes that this time the bill does make it out of the House – not just for Eckman, but for countless others who might be saved from the same fate.

“This bill would definitely save lives in Deana’s name and that’s what she would want,” she said.