PRINTER'S NO. 1221
No. 1075 Session of 1999
INTRODUCED BY CLARK, LYNCH, CAPPABIANCA, VANCE, GEIST, FLICK,
MASLAND, NAILOR, HERMAN, KREBS, SEYFERT, SAINATO, GORDNER,
MANN, ORIE, PESCI, READSHAW, FAIRCHILD, RUBLEY, S. H. SMITH,
HALUSKA, BELARDI, BARRAR, WILLIAMS, KENNEY, SHANER, TRELLO,
MANDERINO, DeLUCA, WOJNAROSKI, LAUGHLIN, HERSHEY, TRAVAGLIO,
PRESTON, STERN, HENNESSEY, RAYMOND, ADOLPH, SAYLOR, MELIO,
HARHAI, BAKER, SATHER, L. I. COHEN, PLATTS, BENNINGHOFF,
MAJOR, STEELMAN, PETRARCA, McNAUGHTON, ROSS, BATTISTO,
CLYMER, SERAFINI, E. Z. TAYLOR, EGOLF, JAMES, TIGUE, MARSICO,
M. COHEN, J. TAYLOR, McCALL, STEVENSON, ARMSTRONG, SCHRODER,
BARD, SCHULER, WILT AND DALEY, MARCH 24, 1999
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 24, 1999
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for suspension of operating
3 privilege, for reports by issuing authorities and for reports
4 by courts.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Sections 1532, 6322 and 6323 of Title 75 of the
8 Pennsylvania Consolidated Statutes, amended December 21, 1998
9 (P.L.1126, No.151), are amended to read:
10 § 1532. Suspension of operating privilege.
11 (a) One-year suspension.--The department shall suspend the
12 operating privilege of any driver for one year upon receiving a
13 certified record of the driver's conviction of or an
14 adjudication of delinquency based on any of the following
1 offenses:
2 (1) Any felony in the commission of which a court
3 determines that a vehicle was essentially involved.
4 (2) Any violation of section 3735 (relating to homicide
5 by vehicle while driving under influence).
6 (3) Any violation of the following provisions:
7 Section 3732 (relating to homicide by vehicle).
8 Section 3735.1 (relating to aggravated assault by
9 vehicle while driving under the influence).
10 Section 3742 (relating to accidents involving death
11 or personal injury).
12 Section 3742.1 (relating to accidents involving death
13 or personal injury while not properly licensed).
14 Section 7102(b) (relating to removal or falsification
15 of identification number).
16 Section 7103(b) (relating to dealing in vehicles with
17 removed or falsified numbers).
18 Section 7111 (relating to dealing in titles and
19 plates for stolen vehicles).
20 Section 7121 (relating to false application for
21 certificate of title or registration).
22 Section 7122 (relating to altered, forged or
23 counterfeit documents and plates).
24 (b) Suspension.--
25 (1) The department shall suspend the operating privilege
26 of any driver for six months upon receiving a certified
27 record of the driver's conviction of or an adjudication of
28 delinquency based on any offense under the following
29 provisions:
30 Section 3367 (relating to racing on highways).
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1 Section 3734 (relating to driving without lights to
2 avoid identification or arrest).
3 Section 3736 (relating to reckless driving).
4 Section 3743 (relating to accidents involving damage
5 to attended vehicle or property).
6 (2) The department shall suspend the operating privilege
7 of any driver for six months upon receiving a certified
8 record of the driver's conviction of a subsequent offense
9 under section 1501(a) (relating to drivers required to be
10 licensed) if the prior offense occurred within five years of
11 the violation date of the subsequent offense.
12 (3) The department shall suspend the operating privilege
13 of any driver for 12 months upon receiving a certified record
14 of the driver's conviction of section 3731 (relating to
15 driving under influence of alcohol or controlled substance)
16 or 3733 (relating to fleeing or attempting to elude police
17 officer), or substantially similar offenses reported to the
18 department under Article III of section 1581 (relating to
19 Driver's License Compact), or an adjudication of delinquency
20 based on section 3731 or 3733. The department shall suspend
21 the operating privilege of any driver for six months upon
22 receiving a certified record of a consent decree granted
23 under 42 Pa.C.S. Ch. 63 (relating to juvenile matters) based
24 on section 3731 or 3733.
25 (4) The department shall suspend the operating privilege
26 of any driver for three months upon receiving a certified
27 record of the driver's conviction of section 1371 (relating
28 to operation following suspension of registration) or an
29 adjudication of delinquency based on section 1371.
30 (c) Suspension.--The department shall suspend the operating
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1 privilege of any person upon receiving a certified record of the
2 person's conviction of any offense involving the possession,
3 sale, delivery, offering for sale, holding for sale or giving
4 away of any controlled substance under the laws of the United
5 States, this Commonwealth or any other state.
6 (1) The period of suspension shall be as follows:
7 (i) For a first offense, a period of six months from
8 the date of the suspension.
9 (ii) For a second offense, a period of one year from
10 the date of the suspension.
11 (iii) For a third and any subsequent offense
12 thereafter, a period of two years from the date of the
13 suspension.
14 (2) For the purposes of this subsection, the term
15 "conviction" shall include any conviction or adjudication of
16 delinquency for any of the offenses listed in paragraph (1),
17 whether in this Commonwealth or any other Federal or state
18 court.
19 (d) [Additional suspension] Violations of Title 18.--
20 (1) The department shall suspend the operating privilege
21 of any person upon receiving a certified record of the
22 [driver's] persons's conviction, adjudication of delinquency
23 or admission into a preadjudication program for a violation
24 under 18 Pa.C.S. § 6307 (relating to misrepresentation of age
25 to secure liquor or malt or brewed beverages), 6308 (relating
26 to purchase, consumption, possession or transportation of
27 liquor or malt or brewed beverages) or 6310.3 (relating to
28 carrying a false identification card). The duration of the
29 suspension shall be as follows:
30 [(1) For a first offense, the department shall impose a
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1 suspension for a period of 90 days.
2 (2) For a second offense, the department shall impose a
3 suspension for a period of one year.
4 (3) For a third and subsequent offense, the department
5 shall impose a suspension for a period of two years. Any
6 multiple suspensions imposed shall be served consecutively.
7 Courts may certify the conviction, adjudication of delinquency
8 or admission into the preadjudication program on the same form
9 used to submit the order of suspension required under the
10 provisions of 18 Pa.C.S. § 6310.4 (relating to restriction of
11 operating privileges). Wherever practicable, the suspension
12 imposed under this section shall be made concurrent with the
13 suspension imposed under the provisions of 18 Pa.C.S. § 6310.4.
14 All offenses committed on or after May 23, 1988, shall be
15 included in considering whether an offense is a first, second,
16 third or subsequent offense.]
17 (i) For a first offense, the department shall impose
18 a suspension for a period of 90 days. If, however, the
19 person successfully completes the preadjudication program
20 to which he has been admitted, the period of suspension
21 shall be reduced to 45 days.
22 (ii) For a second offense, the department shall
23 impose a suspension for a period of one year.
24 (iii) For a third and subsequent offense, the
25 department shall impose a suspension for a period of two
26 years. Any multiple suspensions imposed shall be served
27 consecutively.
28 (2) If the person is admitted to a preadjudication
29 program, the court shall notify the department within ten
30 days from the person's successful completion of the program.
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1 (3) All offenses committed on or after May 23, 1988,
2 shall be included in considering whether an offense is a
3 first, second, third or subsequent offense.
4 § 6322. Reports by issuing authorities.
5 (a) General rule.--Subject to any inconsistent procedures
6 and standards relating to reports and transmission of funds
7 prescribed pursuant to Title 42 (relating to judiciary and
8 judicial procedure):
9 (1) Following the fifteenth and last days of each month,
10 every issuing authority shall prepare a statement, upon forms
11 prescribed and furnished by the department, of all fines
12 collected, bail forfeited, sentence imposed and final
13 disposition for all cases on violations of any provisions of
14 this title or under 18 Pa.C.S. § 6307 (relating to
15 misrepresentation of age to secure liquor or malt or brewed
16 beverages), 6308 (relating to purchase, consumption,
17 possession or transportation of liquor or malt or brewed
18 beverages) or 6310.3 (relating to carrying a false
19 identification card), including an adjudication of
20 delinquency or admission into a preadjudication program,
21 decided by the issuing authority in the semimonthly reporting
22 period just concluded. The statement shall be certified by
23 the issuing authority to be true and correct and shall be
24 forwarded to the department within the following week, with a
25 copy sent to the police department which filed the charge.
26 Any fines and bail forfeited payable to the Commonwealth
27 under Subchapter E of Chapter 35 of Title 42 (relating to
28 fines, etc.) shall accompany the report to the department.
29 (2) The report shall include the identifying number of
30 the citation, the name and residence address of the party
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1 charged, the driver's license number, the registration number
2 of the vehicle involved, a description of the offense, the
3 section and subsection of the statute or ordinance violated,
4 the date of conviction, the plea, the judgment or whether
5 bail was forfeited, the sentence or amount of forfeiture and
6 such other information as the department may require.
7 (b) Use of reports by department.--The department shall
8 promptly enter the information contained in the reports in the
9 records of the persons involved in order to effect swift
10 execution of the provisions of Subchapter B of Chapter 15
11 (relating to a comprehensive system for driver education and
12 control).
13 § 6323. Reports by courts.
14 Subject to any inconsistent procedures and standards relating
15 to reports and transmission of funds prescribed pursuant to
16 Title 42 (relating to judiciary and judicial procedure):
17 (1) The clerk of any court of this Commonwealth, within
18 ten days after final judgment of conviction or acquittal or
19 other disposition of charges under any of the provisions of
20 this title or under section 13 of the act of April 14, 1972
21 (P.L.233, No.64), known as The Controlled Substance, Drug,
22 Device and Cosmetic Act, or under 18 Pa.C.S. § 6307 (relating
23 to misrepresentation of age to secure liquor or malt or
24 brewed beverages), 6308 (relating to purchase, consumption,
25 possession or transportation of liquor or malt or brewed
26 beverages) or 6310.3 (relating to carrying a false
27 identification card), including an adjudication of
28 delinquency, admission into a preadjudication program or the
29 granting of a consent decree, shall send to the department a
30 record of the judgment of conviction, acquittal or other
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1 disposition.
2 (2) A record of the judgment shall also be forwarded to
3 the department upon conviction or acquittal of a person of a
4 felony, a misdemeanor of the first degree or a misdemeanor of
5 the second degree in the commission of which the judge
6 determines that a motor vehicle was essentially involved.
7 (3) The fines and bail forfeited under any of the
8 provisions of this title payable to the Commonwealth under
9 Subchapter E of Chapter 35 of Title 42 (relating to fines,
10 etc.) shall accompany the record sent to the department.
11 (4) The record of judgment required to be sent to the
12 department by paragraphs (1) and (2) shall indicate if the
13 vehicle driven by the person was a commercial motor vehicle.
14 (5) The record of judgment required to be sent to the
15 department by paragraphs (1) and (2) shall indicate if the
16 court ordered the defendant to a term of prison.
17 Section 2. This act shall take effect in 60 days.
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