PRIOR PRINTER'S NOS. 618, 1904 PRINTER'S NO. 2577
No. 556 Session of 1989
INTRODUCED BY CALTAGIRONE, MAYERNIK, LaGROTTA AND COLAFELLA,
FEBRUARY 15, 1989
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
OCTOBER 11, 1989
AN ACT
1 Amending the act of April 14, 1972 (P.L.233, No.64), entitled
2 "An act relating to the manufacture, sale and possession of
3 controlled substances, other drugs, devices and cosmetics;
4 conferring powers on the courts and the secretary and
5 Department of Health, and a newly created Pennsylvania Drug,
6 Device and Cosmetic Board; establishing schedules of
7 controlled substances; providing penalties; requiring
8 registration of persons engaged in the drug trade and for the
9 revocation or suspension of certain licenses and
10 registrations; and repealing an act," providing for the
11 restriction of motor vehicle operating privileges for
12 violations of the act.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. The act of April 14, 1972 (P.L.233, No.64), known
16 as The Controlled Substance, Drug, Device and Cosmetic Act, is
17 amended by adding a section to read:
18 Section 23.1. Restriction of Operating Privileges.--(a)
19 Whenever a person is convicted or adjudged delinquent or is
20 admitted to any preadjudication or accelerated rehabilitation
21 program for a violation of this act, the court, including a
22 court not of record if it is exercising jurisdiction pursuant to
1 42 Pa.C.S. § 1515 (relating to jurisdiction and venue), may, in <--
2 the exercise of its discretion, SHALL order the operating <--
3 privileges of the person suspended. A copy of the order shall be
4 transmitted to the Department of Transportation.
5 (b) When the Department of Transportation suspends the
6 operating privileges of a person under subsection (a), the
7 duration of the suspension shall be as follows:
8 (1) For a first, nonfelony offense, a period of ninety (90)
9 days from the date of suspension.
10 (2) For a second offense, each a nonfelony, a period of six
11 (6) months from the date of suspension.
12 (3) For a third offense, each of which was a nonfelony, a
13 period of one (1) year from the date of suspension.
14 (4) For any fourth offense, each of which was a nonfelony,
15 and any offense thereafter, a period of two (2) years from the
16 date of suspension.
17 (5) For each separate felony offense, a period of two (2)
18 years from the date of suspension.
19 (c) Any multiple periods of suspension under this section or
20 under 18 Pa.C.S. § 6310.4 (relating to restriction of operating
21 privileges), or under the Vehicle Code shall be served
22 consecutively.
23 (d) Reinstatement of operating privileges shall be governed
24 by 75 Pa.C.S. § 1545 (relating to restoration of operating
25 privilege), EXCEPT THAT THE FIVE (5) POINTS NORMALLY ASSESSED <--
26 AGAINST A PERSON'S RECORD UNDER 75 PA.C.S. § 1545 UPON
27 RESTORATION OF OPERATING PRIVILEGES SHALL NOT BE ASSESSED.
28 (e) Any person whose record is received by the department
29 under subsection (a) and who does not have a driver's license
30 shall be ineligible to apply for a learner's permit under 75
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1 Pa.C.S. §§ 1505 (relating to learners' permits) and 1507
2 (relating to application for driver's license or learner's
3 permit by minor) for the time periods specified in subsection
4 (b). If the person is under 16 years of age when he is convicted
5 or adjudicated delinquent or admitted to a preadjudication
6 program, his suspension of operating privileges shall commence
7 upon his 16th birthday for the time periods specified in
8 subsection (b).
9 (f) An insurer shall not increase premiums, impose any
10 surcharge or rate penalty, or make any driver record point
11 assignment for automobile insurance, nor shall an insurer cancel
12 or refuse to renew an automobile insurance policy on account of
13 a suspension under this section.
14 Section 2. This act shall take effect in 60 days.
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