S0553B0590A01323 PWK:JMT 05/19/17 #90 A01323
AMENDMENTS TO SENATE BILL NO. 553
Sponsor: SENATOR RAFFERTY
Printer's No. 590
Amend Bill, page 1, lines 1 through 6, by striking out all of
said lines and inserting
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in licensing of drivers, further providing for
surrender of license, for period of disqualification,
revocation or suspension of operating privilege, for driving
while operating privilege is suspended or revoked, for
chemical testing to determine amount of alcohol or controlled
substance and for probationary license; in driving after
imbibing alcohol or utilizing drugs, further providing for
penalties, for ignition interlock and for illegally operating
a motor vehicle not equipped with ignition interlock; and, in
penalties and dispositions of fines, further providing for
habitual offenders.
Amend Bill, page 1, lines 9 through 12, by striking out all
of said lines and inserting
Section 1. Sections 1540 and 1541(a) and (e) of Title 75 of
the Pennsylvania Consolidated Statutes are amended to read:
§ 1540. Surrender of license.
(a) [Conviction of offense.--Upon a conviction by a court of
competent jurisdiction for any offense which calls for mandatory
suspension in accordance with section 1532 (relating to
suspension of operating privilege), the court or the district
attorney shall require the surrender of any driver's license
then held by the defendant and shall forward the driver's
license together with a record of the conviction to the
department. The suspension shall be effective upon a date
determined by the court or district attorney or upon the date of
surrender of the license to the court or district attorney,
whichever shall first occur.]
(b) Suspension, revocation or disqualification of operating
privilege.--
(1) Upon the suspension or revocation of the operating
privilege or the disqualification of the commercial operating
privilege of any person by the department, the department
shall forthwith notify the person in writing at the address
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of record to surrender his driver's license to the department
for the term of suspension, revocation or disqualification.
Licenses that are surrendered to the department may be
destroyed. Upon the restoration of the operating privilege,
the licensee may apply for a replacement license.
(2) The department shall include with the written notice
of suspension, revocation or disqualification a form for
acknowledging the suspension, revocation or disqualification,
which form shall be filed with the department if the person
has no license to surrender.
(3) The suspension, revocation or disqualification shall
be effective upon [the earlier of:
(i)] a date determined by the department[; or
(ii) the date of filing or mailing of the license or
acknowledgment to the department, if that date is
subsequent to the department's notice to surrender the
license.
(4) Upon surrender of the license or acknowledgment, the
department shall issue a receipt showing the date that it
received the license or acknowledgment].
(c) Seizure of revoked, suspended, canceled or disqualified
licenses.--
[(1) The department may delegate authority to the
following persons to seize the driver's license of any person
whose driver's license has been ordered to be surrendered by
a court or district attorney or by the department:
(i) A designated Commonwealth employee.
(ii) Members of the Pennsylvania State Police.
(iii) Local police officers.
(iv) Sheriffs or deputy sheriffs.
(v) Constables or deputy constables.
(2) The department shall, by regulation, prescribe the
manner of selecting those persons who are delegated authority
under this subsection to seize the drivers' licenses.]
Any police officer or designated employee of the Commonwealth
shall be authorized to confiscate any license that has been
revoked, suspended, canceled or disqualified. The confiscated
license shall be returned to the department, unless it is
necessary to keep the license as evidence of an offense.
§ 1541. Period of disqualification, revocation or suspension of
operating privilege.
(a) Commencement of period.--The period of disqualification,
revocation or suspension of the operating privilege or the
disqualification of the commercial operating privilege shall
commence as provided for in section 1540 (relating to surrender
of license)[. No credit toward the revocation, suspension or
disqualification shall be earned until the driver's license is
surrendered to the department, a court or a district attorney,
as the case may be. A nonresident licensed driver or an
unlicensed individual, including a driver whose license has
expired, shall submit an acknowledgment of suspension or
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revocation to the department in lieu of a driver's license],
except for the suspension of the operating privilege of an
unlicensed individual under 16 years of age, in which case the
suspension shall commence automatically upon the individual's
16th birthday for the specified period [if an acknowledgment is
received any time prior to the individual's 16th birthday. If a
licensed driver is not in possession of his driver's license, no
credit toward the disqualification, revocation or suspension
shall be earned until a sworn affidavit or a form prescribed by
the department is surrendered to the department swearing that
the driver is not in possession of his driver's license. Such
credit shall be rescinded if it is later determined that the
driver was untruthful in the affidavit. Credit shall also be
revoked if a person surrenders a duplicate license and it is
later determined that the person was still in possession of an
earlier issued, unexpired license]. The department may, upon
request of the person whose license is suspended or
disqualified, delay the commencement of the period of suspension
or disqualification for a period not exceeding six months
whenever the department determines that failure to grant the
extension will result in hardship to the person whose license
has been suspended or disqualified.
* * *
(e) [Request for hearing.--A person whose operating
privilege has been suspended or revoked may request at any time
during the suspension or revocation, and the department shall
provide, a hearing if the person believes that credit toward the
person's suspension or revocation has not been given by the
department under section 1540. The department shall issue its
final ruling within 60 days following the hearing or the
submission of any posthearing filings.] (Reserved).
Section 2. Sections 1543(a) and (c) and 1547(a), (b) and
(b.1) of Title 75 are amended and the sections are amended by
adding subsections to read:
§ 1543. Driving while operating privilege is suspended or
revoked.
(a) Offense defined.--Except as provided in subsection (b),
any person who drives a motor vehicle on any highway or
trafficway of this Commonwealth after the commencement of a
suspension, revocation or cancellation of the operating
privilege and before the operating privilege has been restored
is guilty of a summary offense and shall, upon conviction or
adjudication of delinquency, be sentenced to pay a fine of $200.
* * *
(c) Suspension or revocation of operating privilege.--Upon
receiving a certified record of the conviction or adjudication
of delinquency of any person under this section, the department
shall suspend or revoke that person's operating privilege as
follows:
(1) If the department's records show that the person was
under suspension, recall or cancellation on the date of
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violation, and had not been restored, the department shall
suspend the person's operating privilege for an additional
one-year period.
(2) If the department's records show that the person was
under revocation on the date of violation, and had not been
restored, the department shall revoke the person's operating
privilege for an additional two-year period.
* * *
(e) Prohibition.--A person charged with an offense under
this section may not claim a defense that the person did not
know of the suspension, cancellation or revocation.
Amend Bill, page 4, line 8, by inserting a bracket before
"or"
Amend Bill, page 4, line 10, by inserting a bracket after
"licenses)"
Amend Bill, page 5, line 5, by striking out all of said line
and inserting
Section 3. Sections 1554(b)(2), 3804(c), 3805(a.1) and (i),
3808(c)(2) and 6503.1 of Title 75 are amended to read:
§ 1554. Probationary license.
* * *
(b) Petition.--
* * *
(2) Before being eligible to petition for a probationary
license, a person must have served [and earned credit toward
serving] the following terms of suspension or revocation for
offenses enumerated in sections 1532 (relating to revocation
or suspension of operating privilege), 1539 (relating to
suspension of operating privilege on accumulation of points)
and 1543 (relating to driving while operating privilege is
suspended or revoked):
(i) A person with one to seven offenses must have
[earned credit for] served at least a three-year term of
suspension or revocation.
(ii) A person with 8 to 14 offenses must have
[earned credit for] served at least a four-year term of
suspension or revocation.
(iii) A person with 15 to 21 offenses must have
[earned credit for] served at least a five-year term of
suspension or revocation.
(iv) A person with 22 or more offenses must have
[earned credit for] served at least a six-year term of
suspension or revocation.
* * *
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Amend Bill, page 6, lines 7 and 8, by striking out all of
said lines
Amend Bill, page 6, by inserting between lines 19 and 20
(i) Offenses committed during a period for which an ignition
interlock restricted license has been issued.--Except as
provided in sections 1547(b.1) and 3808(c) (relating to
illegally operating a motor vehicle not equipped with ignition
interlock), any driver who has been issued an ignition interlock
restricted license and as to whom the department receives a
certified record of a conviction of an offense for which the
penalty is a cancellation, disqualification, recall, suspension
or revocation of operating privileges shall have the ignition
interlock restricted license recalled, and the driver shall
surrender the ignition interlock restricted license to the
department [or its agents designated under the authority of
section 1540 (relating to surrender of license)]. Following the
completion of the cancellation, disqualification, recall,
suspension or revocation which resulted in the recall of the
ignition interlock restricted license, the department shall
require that the person complete the balance of the ignition
interlock restricted license period previously imposed prior to
the issuance of a replacement license under section 1951(d) that
does not contain an ignition interlock restriction.
§ 3808. Illegally operating a motor vehicle not equipped with
ignition interlock.
* * *
(c) Suspension of operating privilege.--Notwithstanding
section 3805(c) and (i):
* * *
(2) Upon receipt of a certified record of a second
conviction of a violation of this section committed by a
person who is required to only drive, operate or be in actual
physical control of the movement of a motor vehicle equipped
with an ignition interlock system which occurred during the
same ignition interlock restricted license period, the
department shall suspend the person's operating privileges
for a period of one year and recall the ignition interlock
restricted license, and the person shall surrender the
ignition interlock restricted license to the department [or
its agents designated under the authority of section 1540
(relating to surrender of license)]. Following completion of
the suspension period, the department shall require that the
person comply with the requirements of section 3805 prior to
being eligible to receive a replacement license under section
1951(d) that does not contain an ignition interlock
restriction.
* * *
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§ 6503.1. Habitual offenders.
A habitual offender under section 1542 (relating to
revocation of habitual offender's license) who drives a motor
vehicle on any highway or trafficway of this Commonwealth while
the habitual offender's operating privilege is suspended,
revoked or canceled commits a misdemeanor of the second degree.
A person charged under this section may not claim a defense that
the person did not know of the suspension, revocation or
cancellation.
Amend Bill, page 6, line 20, by striking out "2" and
inserting
4
Amend Bill, page 6, line 20, by striking out "immediately"
and inserting
in 15 months
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