S1239B2295A10423 BIL:NLH 10/14/14 #90 A10423
AMENDMENTS TO SENATE BILL NO. 1239
Sponsor: REPRESENTATIVE SCHREIBER
Printer's No. 2295
1Amend Bill, page 1, line 2, by inserting after "Statutes,"
2 in licensing of drivers, further providing for occupational
3limited license;
4Amend Bill, page 1, line 3, by inserting after "offenses"
5; and, in enforcement, further providing for reports by courts
6Amend Bill, page 1, lines 8 and 9, by striking out all of
7said lines and inserting
8Section 1. Sections 1553(d)(10), 3803(a), 3806(b) and
96323(1) of Title 75 of the Pennsylvania Consolidated Statutes
10are amended to read:
11§ 1553. Occupational limited license.
12* * *
13(d) Unauthorized issuance.--The department shall prohibit
14issuance of an occupational limited license to:
15* * *
16(10) [Any] (i) Except as provided under subparagraph
17(ii), any person whose operating privilege has been
18suspended pursuant to either former section 13(m) of the
19act of April 14, 1972 (P.L.233, No.64), known as The
20Controlled Substance, Drug, Device and Cosmetic Act, or
21section 1532(c) (relating to suspension of operating
22privilege) unless the suspension imposed has been fully
23served.
24(ii) Subparagraph (i) shall not apply to a person
25whose:
26(A) operating privilege has been suspended
27pursuant to either:
28(I) former section 13(m) of The Controlled
29Substance, Drug, Device and Cosmetic Act; or
30(II) section 1532(c) for a conviction of any
31offense involving the possession, sale, delivery,
32offering for sale, holding for sale or giving
33away of any controlled substance under the laws
34of the United States, this Commonwealth or any
35other state; and
1(B) record of conviction, adjudication of
2delinquency or a granting of a consent decree was not
3sent to the department within the time period
4required under section 6323(1) (relating to reports
5by courts).
6* * *
7Amend Bill, page 2, by inserting between lines 23 and 24
8§ 6323. Reports by courts.
9Subject to any inconsistent procedures and standards relating
10to reports and transmission of funds prescribed pursuant to
11Title 42 (relating to judiciary and judicial procedure):
12(1) The following shall apply:
13(i) The clerk of any court of this Commonwealth,
14within ten days after final judgment of conviction or
15acquittal or other disposition of charges under any of
16the provisions of this title or under section 13 of the
17act of April 14, 1972 (P.L.233, No.64), known as The
18Controlled Substance, Drug, Device and Cosmetic Act,
19including an adjudication of delinquency or the granting
20of a consent decree, shall send to the department a
21record of the judgment of conviction, acquittal or other
22disposition.
23(ii) The following shall apply:
24(A) The clerk of any court of this Commonwealth
25shall, by January 1, 2016, send to the department
26each record of the following, including an
27adjudication of delinquency or the granting of a
28consent decree, that was not sent within ten days
29after final judgment of conviction or acquittal or
30other disposition:
31(I) A judgment of conviction, adjudication
32of delinquency or a granting of a consent decree
33under section 13 of The Controlled Substance,
34Drug, Device and Cosmetic Act.
35(II) A judgment of conviction, adjudication
36of delinquency or a granting of a consent decree
37under section 1532(c) (relating to suspension of
38operating privilege) for a conviction of any
39offense involving the possession, sale, delivery,
40offering for sale, holding for sale or giving
41away of any controlled substance under the laws
42of the United States, this Commonwealth or any
43other state.
44(B) A filing made under this subparagraph shall
45be valid for the purposes of this title.
46* * *
47Amend Bill, page 2, by inserting between lines 26 and 27
48Section 3. The amendment of 75 Pa.C.S. § 1553(d)(10)(ii)
1shall be applied retroactively to January 1, 2004, in cases
2where the record of a judgment of conviction, adjudication of
3delinquency or a granting of a consent decree was sent to the
4Department of Transportation prior to the effective date of this
5section, but not within the time period required under 75
6Pa.C.S. § 6323(1).
7Amend Bill, page 2, line 27, by striking out "3" and
8inserting
9 4
10Amend Bill, page 3, line 1, by inserting after "section"
11 and section 3 of this act
12Amend Bill, page 3, line 2, by striking out "§ 3803(a)" and
13inserting
14 §§ 1553(d)(10), 3803(a) and 6323(1)