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                                 SENATE AMENDED
        PRIOR PRINTER'S NOS. 2899, 2940, 2980,        PRINTER'S NO. 4045
        3401, 3990

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2164 Session of 2001


        INTRODUCED BY GEIST AND S. MILLER, NOVEMBER 19, 2001

        AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JUNE 17, 2002

                                     AN ACT

     1  Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
     2     Statutes, imposing penalties on department employees or
     3     agents who issue a fraudulent driver's license; AND FURTHER    <--
     4     PROVIDING FOR MOTORCYCLE FEES.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  Section 1571 of Title 75 of the Pennsylvania       <--
     8  Consolidated Statutes is amended to read:
     9     SECTION 1.  SECTIONS 1571 AND 7904 OF TITLE 75 OF THE          <--
    10  PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED TO READ:
    11  § 1571.  Violations concerning licenses.
    12     (a)  Offenses defined.--It is unlawful for any person:
    13         (1)  To exhibit or cause or permit to be exhibited or
    14     have in possession any recalled, canceled, suspended,
    15     revoked, disqualified, fictitious or fraudulently altered[,]   <--
    16     OR DISQUALIFIED[, FICTITIOUS OR FRAUDULENTLY ALTERED]
    17     driver's license.


     1         (2)  To lend a driver's license to any other person or
     2     permit the use thereof by another.
     3         (3)  To exhibit or represent as one's own any driver's
     4     license not issued to the person.
     5         (4)  To fail or refuse to surrender to the department
     6     upon lawful demand a recalled, canceled, suspended, revoked,
     7     disqualified, fictitious or fraudulently altered driver's
     8     license.
     9         (5)  TO EXHIBIT OR CAUSE OR PERMIT TO BE EXHIBITED OR      <--
    10     HAVE IN POSSESSION A FICTITIOUS OR FRAUDULENTLY ALTERED
    11     DRIVER'S LICENSE.
    12     (a.1)  Employees and agents.--It is unlawful for any
    13  department employee or any agent of the department to issue a
    14  fictitious or fraudulently altered driver's license WHEN THE      <--
    15  EMPLOYEE OR AGENT HAS KNOWLEDGE THAT THE APPLICATION FOR THE
    16  DRIVER'S LICENSE OR THE DRIVER'S LICENSE CONTAINS FICTITIOUS OR
    17  FRAUDULENT INFORMATION.
    18     (b)  Penalty.--
    19         (1)  Any person violating [any of] the provisions of       <--
    20     [this section is guilty of] subsection (a) (A)(1) THROUGH (4)  <--
    21     commits a summary offense and shall, upon conviction, be
    22     sentenced to pay a fine of $100.
    23         (2)  ANY PERSON VIOLATING THE PROVISIONS OF SUBSECTION     <--
    24     (A)(5) COMMITS A MISDEMEANOR OF THE FIRST DEGREE AND SHALL BE
    25     SENTENCED AS PROVIDED IN 18 PA.C.S. §§ 1101(4) (RELATING TO
    26     FINES) AND 1104(1) (RELATING TO SENTENCE OF IMPRISONMENT FOR
    27     MISDEMEANORS).
    28         (2) (3)  Any person violating the provisions of            <--
    29     subsection (a.1) commits a felony of the third degree and
    30     shall be sentenced as provided in 18 Pa.C.S. §§ 1101(3)
    20010H2164B4045                  - 2 -

     1     (relating to fines) and 1103(3) (relating to sentence of
     2     imprisonment for felony). EACH FICTITIOUS OR FRAUDULENTLY      <--
     3     ALTERED DRIVER'S LICENSE INVOLVED ISSUED BY A DEPARTMENT       <--
     4     EMPLOYEE OR AN AGENT OF THE DEPARTMENT SHALL CONSTITUTE A
     5     SEPARATE OFFENSE.
     6  § 7904.  FEES.
     7     FEES RELATING TO MOTORCYCLE LICENSES FOR MOTORCYCLE OPERATORS
     8  TO BE COLLECTED BY THE DEPARTMENT UNDER THIS CHAPTER SHALL BE IN
     9  ADDITION TO ANY OTHER FEES IMPOSED UNDER THE PROVISIONS OF THIS
    10  TITLE AND ARE AS FOLLOWS:
    11         (1)  AN ADDITIONAL FEE OF [$2] $5 SHALL BE ASSESSED AND
    12     COLLECTED FOR EACH ORIGINAL MOTORCYCLE OPERATOR'S LICENSE.
    13         (2)  AN ADDITIONAL FEE OF [$2] $5 SHALL BE ASSESSED AND
    14     COLLECTED FOR EACH ANNUAL RENEWAL OF A MOTORCYCLE OPERATOR'S
    15     LICENSE.
    16         (3)  AN ADDITIONAL FEE OF [$2] $5 SHALL BE ASSESSED AND
    17     COLLECTED FOR EACH MOTORCYCLE LEARNER'S PERMIT.
    18         (4)  AN ADDITIONAL FEE OF [$2] $5 SHALL BE ASSESSED AND
    19     COLLECTED FOR EACH REPLACEMENT MOTORCYCLE OPERATOR'S LICENSE.
    20     Section 2.  This act shall take effect immediately.







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